A.
The city of Philomath requires developers to construct and install water, sanitary sewer, storm sewer, and street improvements necessary to serve proposed developments. These improvements are constructed in accordance with city design and construction standards and later dedicated to the city as "public improvements." Often these street, water, sewer, and storm sewer improvements, particularly those constructed off-site, can and will benefit other property owners when they develop their property. Therefore, these improvements represent a benefit to those property owners.
B.
The purpose of this chapter is to provide a mechanism where owners of property which benefits from the construction of public improvements by another property owner will share in the cost of those improvements through payment of a reimbursement charge at the time the benefited property is developed and/or the improvements are utilized.
C.
Owners of property which would be subject to a reimbursement charge will be provided an opportunity to review and comment on pertinent information prior to the city establishing a reimbursement district pursuant to this chapter. The city will collect the reimbursement charges and, upon receipt, will forward the funds to the person who constructed the improvements.
D.
The reimbursement charges established under this chapter are intended to become due and payable upon development of benefited property. Such charges are fees for service because they contemplate a development's receipt of essential municipal services based upon the nature of that development. The timing and extent of any development are within the control and discretion of the developer. The reimbursement charges imposed under this chapter are not intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Article XI, Section 11b, of the Oregon Constitution or the legislation implementing that section.
E.
The reimbursement charges established in this chapter are in addition to, and not in lieu of, other charges which may be required for developers.
(Ord. 639 § 1, 1995)