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HomeMy WebLinkAboutResolution No. 4876 -= ~ ::a COUNCIL RESOLUTION NO. 4876 A RESOLUTION AMENDING LOCAL STORMWATER SYSTEMS DEVELOPMENT CHARGE METHODOLOGY CONCERNING CREDITS; AND AMENDING RESOLUTION NO. 4740. PASSED: 7:1 REJECTED: OPPOSED: Bettman ABSENT: RECUSED: CONSIDERED: June 12, 2006 RESOLUTION NO. 4876 A RESOLUTION AMENDING LOCAL STORMWATER SYSTEMS DEVELOPMENT CHARGE METHODOLOGY CONCERNING CREDITS; AND AMENDING RESOLUTION NO. 4740. The City Council of the City of Eugene finds as follows: A. On September 23, 2002, the System Development Charges (SDC) Methodologies were adopted by Resolution No. 4740. B. Resolution No. 4740 has subsequently been amended, most recently by Resolution No. 4795, which adopted amended SDC rates for the Regional Wastewater System, effective July 1, 2004. In addition, Systems Development Charges for Local Wastewater System, Stormwater System, and Transportation System were adjusted for inflation by Administrative Order No. 58-06-02-F, effective April 3, 2006. C. After comprehensive review of the Stormwater SDC Methodology, and due to the pending adoption of stormwater standards, a recommendation was made to adopt a water quality credit. Implementation of stormwater quality SDC credits is related to adoption of stormwater development standards which require water quality treatment at sites of new development. Stormwater quality credits for SDCs are based on a public system benefit from development treating stormwater quality through privately constructed and maintained facilities and effective impervious area reduction techniques. Developments utilizing private means for water quality treatment can reduce the demand for downstream public facilities for water quality treatment. Establishing stormwater quality SDC credits provides a general recognition of reduced demand and provides a modest incentive for m"eeting and exceeding minimum water quality treatment requirements. NOW, THEREFORE, based upon the above findings, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. The excerpted Eugene Systems Development Charge Methodologies document concerning stormwater quality credits attached as Exhibit A is adopted. Section 2. Resolution No. 4740 is amended as described in Section 1 as of the effective date of this Resolution. Section 3. The City Recorder is requested to append a copy of this Resolution to Resolution No. 4740. Resolution - Page 1 of 2 Section 4. This Resolution shall become effective July 12, 2006. The foregoing Resolution adopted the 12th day of June, 2006. ~~~U- Resolution - Page 2 of 2 EXHIBIT A TABLE 2 Potential Impact Reduction and Credits for Systems Development Charges NOTE: These are possible examples only; eligibility is established at time of review of plans which approve the proposed improvements. REDUCTIONS: Successful bus pass program for employees CREDITS: Street width in excess of assessable width Off-site, non-contiguous arterial or collector intersection Street light on arterial or collector street Off-site arterial or collector right of way and easement acquisition Traffic signal on arterial or collector street Off-street bicycle paths identified in adopted City plan Off-site eligible public improvements where equivalent assessments can be collected a~..~I$.t~wat~r SI~t~Q'1 CREDITS: Public Wastewater collection lines> 8-inch diameter Public pump stations and pressure lines that serve m0re than the development Off-site public improvements,- where equivalent assessments can be collected Prior payment of Metropolitan Wastewater Service District debt service 1 REDUCTIONS: Destination and Quantity: Reduction or elimination by retention of stormwater otherwise discharged into public system Pollution: Reduction of pollution via approved treatment techniques CREDITS: Stormwater collection lines > 24-inches in diameter Major drainage channels: construction and off-site easement Off-site public improvements where equivalent assessments can be collected or that benefit existing developments 1~~lrk$ .SY;$t~,tu CREDITS: Land dedication (for sites accepted by City, consistent with adopted City pl~ns) On-site park facility dedication (for improvements accepted by City, consistent with adopted City plans) 7.0 Credits and Impact Reductions This section provides detail on the City's administration of SDC credits and impact reductions. Potential sources, criteria for eligibility, and the basis for calculation of credit and impact reductions are defined, in this Methodology and in Eugene Code, 1971 section 7.730. A list of examples of facilities and programs which are potentially eligible for credit and impact reductio'n appears in Table 2 of this section. (Note: As development standards change some examples may no longer be considered eligible for reduction but may influence future rates.) In no case may the sum of all approved credits and impact reductions for a single system exceed the amount of the SDC assessed for that system for any approved building or development permit. SDCs may be reduced by one or more of the following processes: . Impact Reduction, based on quantified mitigation of demand generated by the development for new identifiable capital improvements; . Credit, based on the specific costs for privately engineered construction of certain public improvements as part of the development; . Credit based on previous payment or use. Adjustment of SDCs due to credits and impact reductions: . Shall not be given for improvements constructed or programs instituted prior to City approval. . Shall be applied up to the maximum SDC fee for each system. . Shall reduce the SDCs paid on building permits at the time of issuance; credit or impact reduction amounts applied will not be greater than the SDC fees. . Shall be applied to a particular system (e.g., Transportation, Stormwater, Wastewater, Parks); credits or reductions approved for a particular system can not be transferred or applied to any other system charges. . Shall be applied to the SDCs for the particular development, may only be further applied to subsequent phases of the same development for which the improvement was constructed or program instituted, and can not be transferred or applied to other properties or developments. 7.1 Impact Reductions or Mitigation Impact reduction will be based on private physical improvements (as defined in Appendix A) constructed as part of the development or based on programs instituted in connection with development, which will reduce the demand from that development for future construction of identifiable capital imp~ovements. Such programs and physical improvements must be privately financed and are intended to be permanent. The anticipated reduction in demand must be demonstrated to the satisfaction of the City Transportation Engineer (for Transportation system impact reductions) or to the City Engineer (for all other system impact reductions). Calculation of impact reduction shall be based on the ratio of the system impact with the program or facility in place, to the system impact if the program or facility did not exist. Prior to application of the impact reduction to the SDCs for the development, the City shall receive assurances that will bind the developer, owner, and the owner's successors as is necessary to ensure that the program or facility will function as planned for the agreed upon time period. Such agreements may include, but are not limited to performance bonds, maintenance programs, annual reports, monitoring and inspections, or other pertinent items to document proper functioning as determined by the City Engineer. 7.1.1 Transportation System Impact Reduction For the transportation system, an impact reduction may be granted if the applicant demonstrates to the satisfaction of the City Transportation Engineer, that the improvement or program to be instituted in connection with the development will materially reduce the number of automobile trips the development will generate and that it will continue for at least twenty years after the development is occupied. 7.1.2 Stormwater System Impact Reduction or Mitigation For the stormwater system, an impact reduction may be granted based on two forms of impact reduction: ~ Destination and Quantity Reduction ~ Pollution Reduction These impact reductions will be granted after review and approval by the City Engineer of the design documentation submitted in accordance with standards specified in Eugene Code, 1971 section 9.6790. Criteria for stormwater SDC impact reduction for development can be found in Appendix D, section 6.0. 7.4 Application for Credit and Impact Reduction " An application for a credit or impact reduction, including related documentation and information, shall be submitted by the applicant in the manner prescribed by the City, together with any fee set by the City Engineer pursuant to Eugene Code, 1971 section 2.020. The applicant shall have the burden of demonstrating the eligibility for a credit and/or impact reduction. No credit or impact reduction shall be granted for an SDC that has already been imposed, collected or agreed to be paid in installments unless resulting from cancellation of an active permit, expiration of a permit without being used, or an approved cha'nge of design of an active permit. 7.4.1 · Application for Impact Reduction Applicants must submit their request for an impact reduction in writing, accompanied by documentation that supports the basic function and design criteria for estimated impact reduction. For commercial development, impact reduction will be applied uniformly for all lots or building sites in the development phase approved. Impact reductions granted under. this methodology document may be used in subsequent phases of a development when the applicant demonstrates to the satisfaction of the City Engineer that the program or improvements continue to provide the anticipated reduction in demand, and the City has received assurances or agreements from the developer, owner, and owners successors, as approved by the City Engineer as is necessary to ensure that the program or facility will continue to function as planned for the agreed upon time period. Changes to the mitigated program or facility attributable to the connection of an additional phase which results in any deviation from the previously determined impact reduction will be adjusted proportionately. REVISIONS TO CITY OF EUGENE SYSTEMS DEVELOPMENT CHARGE METHODOLOGIES (APPENDIX D) Effective July 12, 2006 Appendix D Stormwater System Charge Detail 1.0 Formula The impact analysis for the stormwater system is based on square footage of impervious surface, which creates an impact on the stormwater system by land use type. Impervious surface is defined in section 6.406 Eugene code, 1971 as "any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from conditions pre~existing to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, driveways, parking lots, or concrete or asphalt surfaces." The estimated non-assessable cost of the system-wide capacity from future capacity-enhancing projects, as contained in the Stormwater SDC-Eligible Project List, and the estimated available capacity in the existing stormwater system projected to be used by new development is used as the basis for determining the stormwater SDC. The stormwater SDC is comprised of an improvement fee and a reimbursement fee, as new development will require the construction of additional system capacity as well as the use of available capacity in the existing system. The per unit cost of additional capacity for the improvement fee is based on the value of the system-wide capacity of future capacity- enhancing projects (current planned projects are listed in the Stormwater SDC-Eligible Project List, Table 10) divided by the total projected impervious surface area that will be added by new development at build-out within the Urban Growth Boundary (UGB). The per unit cost of existing capacity for the reimbursement fee is based on the value of available system-wide capacity within the existing system projected to be used by new development divided by the total projected impervious surface area that will be added by new development at build-out within the UGB. The value of the future stormwater system is based on the estimated costs of planned future capacity-enhancing stormwater projects contained within stormwater plans and the Capital Improvement Plan (CIP). Of that total value, the SDC-eligible component is attributable to those portions of future projects that are non-assessable and capacity-enhancing and related to the demands of future development; Le. add new capacity for new users. The total value of the existing system is estimated based on the replacement cost of the stormwater system components, which include both piped system and open channel system components. Assessable costs are excluded from the SDC-eligible existing system costs. Assessable costs are determined. using the approach specified in the City Code. The city assesses up to and including the first 24 inches of pipe diameter or equivalent capacity. The non-assessable portion of stormwater system costs (SDC eligible costs) is based on replacement costs minus assessable costs. The portion of non-assessable existing system value allocated to new development (SDC-eligible value) is established by determining the percent of piped system and open channel system capacity projected to be used by new development. The use of capacity of the existing system is estimated with use of hydraulic modeling to identify existing available capacity (based on existing land use and flow data) and expected future conditions (based on Metro Plan designations). The total unit cost per square foot of impervious surface area is the sum of the per unit costs of additional capacity of the improvement fee and feimbursement fees. Table 9 pfovides a detailed breakdown of the calculation and numerical supporting data of the stormwatef SDC. Figure 6 illustrates the calculation formula of the stofmwater SDC. The stormwater SDC fates per unit of capacity can be found in Appendix F in the current adopted SDC fee schedule. 2.0 Single Family Dwelling and Duplex Rates The stormwater SDC for single family residential development is comprised of three fate categories: Small fesidential with a building footprint of 1,000 square feet or less; Medium residential with a building footprint of greater than 1,000 but less that 3,000 square teet; and Large residential with a building footprint of 3,000 square feet or more. Building footprint is defined as the first floOf area plus attached or detached garage or carport. For the Small and Medium residential rate categories, an estimated average impervious surface area (square feet) specific to each category is multiplied by the current total stormwater SDC fate per square foot to determine the appropriate single-family fesidential stormwater SDC flat rate per dwelling unit. For the Large residential category, the stormwatef SDC is determined by multiplying the actual impervious surface of the total proposed building site by the current total stormwater SDC unit cost per square foot. The stormwater SDC for a duplex is calculated as two times the appropriate stormwatef SDC flat fate of either a Small or Medium residential category. Duplex units equal to or over 3,000 square feet each are treated as Large residential. Details of the stormwater SDC analysis are provided in Table 9. Rate formulas, calculations, and fee schedule are provided in Appendix F. 3.0 Manufactured Home Park Rates Manufactured home developments are charged a flat rate per individual space based on the estimated average impervious area for a doublewide manufactured home, plus any additional common area impervious surface (e.g., clubhouse, private streets). To determine the amount of stormwater SDC attributable to the proposed spaces in the park, the total number of proposed spaces is first multiplied by the estimated average impervious surface area (square feet) per space, the results of which are then multiplied by the current total stormwater SDC unit cost per square foot. To determine the amount of stormwater SDC attfibutable to all additional common area impervious surfaces within the park, these areas will be measured separately and the sum of this additional actual impervious surface area (square feet) will be multiplied by the current total stormwater SDC fate per square foot. Details of the stormwater SDC analysis are provided in Table 9. Rate formulas, calculations, and fee schedules are provided in Appendix F. 4~0 Multi-Family and Non-Residential ~ate For all uses not listed in sections 2.0 and 3.0 above (e.g. multi-family, commercial, industrial) or whenever this Appendix D makes reference to a rate per square foot of impervious surface area, the stormwater SDC collected is determined to be the cUfrent stormwater SDC rate per square foot of impervious surface area as adopted in the SDC fee schedule located in Appendix F. 5.0 Stormwater Impacts Not Attributable to Impervious Surface Area For all uses not listed in sections 2.0, 3.0, and 4.0 above, where any development type creates an impact through discharges to the public stormwater system (as allowed by Eugene Code 1971 section 6.610) which are not attributable to creation or modification of impervious surface area, will have stormwater SDGs calculated by evaluating the equivalent impervious surface area which would generate a similar impact. 6.0 Stormwater System SDC Impact Reduction Criteria Two forms of separate and potentially additive impact reduction credits may be provided: reduced impact due to reduced quantity of stormwater runoff discharged to the City stormwater system and reduced impact due to pollution reduction water quality treatment which exceeds minimum standards. 6.1 Stormwater Destination and Quantity Reduction Reduction or elimination of storm water which otherwise would be discharged into the public stormwater system may result in a corresponding reduction of stormwater SDC collected at the' time of building and development permit issuance. Reduction of the stormwater SDC will be proportional to the reduction of runoff entering the public system from the fully developed site. (Note: detention facilities are not eligible for stormwater SDC impact reduction.) A 1000/0 reduction in the stormwater SDC will be granted only for the complete containment and management of all runoff from the site that would otherwise directly or indirectly enter into the City's public stormwater system. Runoff discharged into an area that does not ultimately enter the City's public stormwater system constitutes acceptance of responsibility for compliance with any state or federal regulations that apply to the area or body of water receiving the runoff. To be eligible for the impact reduction, the development must meet standards for stormwater destination specified in Eugene Code 1971 section 9.6790 (3) in a manner which demonstrates ongoing reduction in impact to the public system. 6.1.1 Single-Family Development (SFD) and Duplex Development Because stormwater SDCs for small- and medium-residential SFDs and duplexes are based on estimated average amounts of impervious surface areas, these buildings can qualify only for one of two impact reduction rates: a) 1000/0 SDC reduction for complete elimination and management of runoff from the site entering the public system or discharging into an area which ultimately enters into the public system; or b) 50% reduction for partial reduction and management of runoff from the site entering the public system regardless of the amount of reduction. The SDC reduction will be granted after review and approval by the City Engineer of the stormwater destination design and documentation submitted in accordance with standards specified in Eugene Code 1971 section 9.6790 (3). 6.1.2 Manufactured Home Park, Multi-family, and Nonresidential Development Stormwater SDCs for these uses will be reduced proportional to the reduction in total stormwater runoff entering the public stormwater system from the fully developed site. (Total stormwater runoff includes both runoff from the site in its natural condition and any increase due to construction of impervious surfaces). The SDC reduction will be granted after review and approval by the City Engineer of the stormwater destination design and documentation submitted in accordance with standards specified in Eugene Code 1971 section 9.6790 (3). 6.2 Stormwater Pollution Reduction /' Reduction of stormwater pollution through water quality treatment techniques may result in a corresponding reduction of stormwater SDC collected at the time of building and development permit issuance. A single-level water quality SDC credit of 100/0 of the total stormwater SOCis applied to three categories of. development: 1) Development sites not subject to the standards for stormwater pollution reduction of Eugene Code 1971 section 9.6791 (2), but which treat a minimum of 200/0 of the total impervious area of the development site through privately maintained techniques and . facilities in a manner which meets said standards; 2) Development sites where a portion of the site impervious area is subject to the standards for stormwater pollution reduction of Eugene Code 1971 section 9.6791 (2) and for which approved privately maintained stormwater management facilities are constructed which treat runoff from 20010 or more impervious area than the minimum required, or which reduce a minimum of 200/0 of the total impervious area of the development site through use of impervious area reduction techniques specified in Eugene's adopted Stormwater Management Manual; 3) Oevelopment sites where aU of the site impervious area is subject to the standards for stormwater pollution reduction of Eugene Code 1971 section 9.6791 (2) which reduce a minimum of 200/0 of the total impervious area of the development site through use of impervious area reduction techniques specified in Eugene's adopted Stormwater Management Manual.