HomeMy WebLinkAboutOrdinance 5898 11/02/1998
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ORDINANCE
5898 (GENERAL)
AN ORDINANCE AMENDING CHAPTER 3 "PUBLIC IMPROVEMENTS" OF THE
SPRINGFIELD MUNICIPAL CODE REGARDING SYSTEM DEVELOPMENT CHARGES
WITHIN THE CITY OF SPRINGFIELD, AMENDING SECTION 3.414 AND
SECTION 3.416 TO MAKE CLEAR THE APPLICATION OF THE EXEMPTIONS TO
THE SYSTEM DEVELOPMENT CHARGES, AMENDING THE APPLICATION OF
SYSTEM DEVELOPMENT CHARGES TO CONFORM TO THE CREDIT LANGUAGE OF
ORS 223.304(3), AND DECLARING AN EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1. The Springfield Municipal Code Chapter 3 "Public
Improvements" section 3.414 "Exemptions" is hereby amended in
subsection (2) as follows:
"3.414 Exemptions
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(2) Alteration, addition, replacement or change in existing
use that does not increase the use of capital improvements".
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section 2. The Springfield Municipal Code Chapter 3 "Public
Improvements" Section 3.416 "Credits" is hereby amended by the
addition to the text of subsections (1) and (2), the elimination
of subsection (3) and the renumbering subsections (4), (5), (6),
and (7) as follows:
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"3.416 Credits.
(1) When development occurs that must pay a system
development charge under section 3.406 of this chapter, the
system development charge for the existing use shall be
calculated and if it is less than the system development charge
for the proposed use, the difference between the system
development charge for the existing use and the system
development charge for the proposed use shall be the system
development charge required under Section 3.406. If the change
in use results in the system development charge for the proposed
use being less than the system development charge for the
existing use, no system development charge shall be required,
however, no refund or credit shall be given. If an existing use
is demolished or otherwise removed prior to the development of
the proposed use, then the system development charge credit for
the previously existing use shall expire two years after the date
of issuance of the demolition permit or other removal of the
previously existing use.
Attachment A, Page l'
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(2) A credit shall be given for the cost of the qualified
public improvement associated with a development. If a qualified
public improvement is wholly not located on or contiguous to the
parcel of land that is subject to development approval, the
amount of the credit shall be the lesser of the cost of the
qualified public improvement or the improvement fee. If a
qualified public improvement is located on or wholly contiguous
to the parcel of land, the credit shall be the lesser of the
improvement fee or the cost of that portion of such improvement
that exceeds the minimum standard facility size for capacity
needed to serve the particular development project or property.
If a qualified public improvement is located partially on and
partially off the parcel of land that is the subject of the
approval, the credit shall be the lesser of the improvement fee
or the sum of the cost of the portion of the improvement not
located on or wholly contiguous to the parcel of land and the
cost of that portion of such improvement located on or wholly
contiguous to the parcel of land that exceeds the minimum
standard facility size or capacity needed to serve the particular
development project or property. The credit provided for by this
subsection shall be only for the improvement fee charged for the
type of improvement being constructed and shall not exceed the
improvement fee even if the cost of the capital improvement
exceeds the applicable improvement fee.
(3) When establishing the methodology, a credit may be
provided against improvement fee, the reimbursement fee, or both,
for a capital improvement constructed as part of the development
that reduces the developments demand upon existing capital
improvements or the need for future capital improvements or that
would otherwise have to be constructed at City expense under the
then existing council policies.
(4) Except to the extent that a capital improvement for
which a credit is given is part of the phasing of a larger
project and that the credit received against the system
development charge is greater than the charge for the phase where
the capital improvement is constructed, credit shall not be
transferable from one development to another.
(5) Credit shall not be transferable for one type of
capital improvement to another.
(6) Credit shall be used only against an applicable
improvement fee and shall not be redeemable in any other manner."
Attachment A, Page 2
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section 3. The regulation of matters pertaining to System
Development Charges are hereby found and determined to be matters
affecting the public health, safety and welfare, and it is
further found and determined that an emergency exists. Therefore
this ordinance shall take effect immediately upon its passage by
the city Council and approval by the Mayor,
Adopted by the Common Council of the City of Springfield
this ~ day of JanHarY, 1998, by a vote of ~ in favor and ~
against. November
Approved by the Mayor
day 0 f iJcrn1Iary-, 1998.
November
of th~~~ri~
Mayor ~
2nd
N:\CITY\ORDINANC\GENERAL\SDC,ORD
REVIEWED & APPROVED
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ORDINANCE - 3 -
Attachment A, Page 3