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HomeMy WebLinkAboutOrdinance 6264 02/07/2011ORDINANCE NO.: 6264 (General) AN ORDINANCE MODIFYING THE BASIS FOR DETERMINING SYSTEMS DEVELOPMENT CHARGES, DETERMINING THE AMOUNT OF CREDITS AGAINST SYSTEMS DEVELOPMENT CHARGES FOR THE CONSTRUCTION OF QUALIFIED PUBLIC IMPROVEMENTS, MODIFYING THE CIRCUMSTANCES UNDER WHICH SUCH CREDITS CAN BE USED, ADDING DEFINITIONS, AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 3.400, 3.416, AND ADDING SECTION 3.417, SETTING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.400 of the Springfield Municipal Code, as amended, is further amended to read as follows: 3.400 Definitions. For the purposes of sections 3.400 to 3.420 the following definitions apply: Capital Improvement. Facilities or assets used for any of the following infrastructure types: (a) Water supply, treatment and distribution; (b) Sanitary sewers, including but not limited to collection, transmission, treatment, and disposal; (c) Storm sewers, including but not limited to piped and unpiped drainage, treatment, disposal, and flood control systems; (d) Transportation, including but not limited to streets, traffic signals, sidewalks, bike paths, street lights, street trees, public transportation, vehicle parking, and bridges; or (e) Parks and recreation, including but not limited to mini-neighborhood parks, neighborhood parks, community parks, metropolitan parks, and other recreational facilities. Conti uous. A public way which abuts. Development. Undertaking a building or mining operation, or making a change in the use or appearance of a structure or land, which increases the usage of any capital improvements _or which creates the need for additional capital improvements. Improvement Fee. A fee for public costs associated with capital improvements to be constructed after the date of December 4, 2000. Notwithstanding anything in this code to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of the systems and capital improvements required to provide services and facilities necessary to meet the routine obligations of the use and ownership of property, and to provide for the public health and safety upon development. Infrastructure Facilities Plan. A plan adopted by the Council describing the future needs of the City for the each type of capital improvement identified herein. Most intense use. The existing or previously existing use which, based upon the current evaluation by the City, is determined to have the largest impact on an infrastructure system. Uses on each infrastructure system shall be evaluated and determined separately. 4ualified Public Improvements. A capital improvement that is: (a) Required as a condition of development approval; (b) Identified in the plan adopted pursuant to subsection 3.410(2); and (c) (1) Not located on or contiguous to a parcel of land that is the subject of the development approval. (2) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related. Reimbursement Fee. A fee for costs associated with capital improvements constructed or under construction on December 4, 2000. Notwithstanding anything in this code to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of the systems and capital improvements required to provide services and facilities necessary to meet the routine obligations of the use and ownership of property, and to provide for the public health and safety upon development. Systems Development Charge. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in section 3.412. It may also include that portion of a sanitary sewer or storm sewer system connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with sanitary sewer facilities and storm sewer facilities. Section 2. Section 3.416 of the Springfield Municipal Code, as amended, is further amended to read as follows: 3.416 Credits. (1) When development occurs that must pay a systems development charge under section 3.406 of this chapter, the systems development charge for the most intense use documented to have existed since the adoption of the then current infrastructure facilities plan, if any, shall be calculated using the current fee. If such amount is less than the systems development charge for the proposed use, the difference between such calculation and the systems development charge for the proposed use shall be the systems development charge required under section 3.406. If the change in use results in the systems development charge for the proposed use being less than the calculation, no systems development charge shall be required; however, no refund or credit shall be given. (2) A credit shall be given based on the actual dollar cost of a qualified public improvement associated with a development, as determined by the City Engineer based on a ORDINANCE N0. 6264 review of documentation establishing the reasonable and necessary cost of the qualified public improvement. 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 cost of the qualified public improvement. If a qualified public improvement is located on or wholly contiguous to the parcel of land, the credit shall be 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 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. (3) .Credits shall not be transferable for one type of capital improvement to another. (4) Credits shall be used only against an applicable improvement fee and shall not be redeemable in any other manner. Section 3. Chapter 3 of the Springfield Municipal Code, as amended, is further amended by adding thereto a new section, to be designated section 3.417, to read as follows: 3.417 Future Use of Credits (1) In the event a credit authorized under section 3.416(2) is greater than the amount of the charge due, the City shall upon request of the developer, issue to the developer a certificate, documenting the amount of the credit in excess of the charge. (2) Such certificate maybe redeemed by the developer and applied to future charges for that type of capital improvement, provided such redemption shall occur not later than 10 years after the date of issuance of the certificate. (3) Any developer issued a certificate shall pay to the City, at the time of issuance, and annually thereafter until such certificate is redeemed, an administrative fee fixed by resolution of the council. Failure to timely pay such annual fee shall not invalidate a certificate, but no certificate shall be transferred or redeemed until all annual fees shall have been paid. (4) The certificate maybe redeemed in whole or in parts. If the certificate is redeemed in part, the City shall, upon delivery of the certificate, issue a new certificate documenting the remaining credit available. Such reissued certificate shall expire 10 years after the date of the original certificate, and shall be considered a new certificate for purposes of the administrative fee. (5) Such certificate maybe transferred, in whole or in part, to another person, provided, however, that no such transfer shall be effective until the holder of the certificate shall surrender the same and a new certificate or certificates issued. ORDINANCE N0. 6264 Section 4. Severability. Should any court of competent jurisdiction determine that a section or part of a section of this ordinance is invalid, such invalidity shall not impair the effect or validity of the remaining sections or parts of sections. Section 5. The basis for calculating Systems Development Charges and allowing use of credits for construction of qualified public improvements 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 it is found and determined that 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, Oregon, this 7th of ebruar ~arr~rary, ~ZO 11, by a vote of 6 for and 0 against. Approved by the Mayor of the City of Springfield, Oregon, this 7th day of February, 2011. ! Q MAYOR ATTEST: Cit ecorder REVIEWED ~ ASP®~~® A 1"O FO Ft 6~ ®ATE: ? L~- i~ - OFFICE OF CITY ATTOI~N~I( ORDINANCE N0. 6264