HomeMy WebLinkAboutOrdinance No. 20166ORDINANCE N0. 201G6
AN GRDINANCE AMENDING SECTIONS 7.010, 7.705, 7.715,
7.720, 7.725 and 7.740 OF THE EUGENE CGDE,1971; AND
DECLARING AN EMERGENCY.
THE CITY GF EUGENE DGES GRDAIN AS FGLLUyVS:
Section 1. Section 7.014 of the Eugene Code, 1971, is amended by revising the following
definitions contained therein, to provide:
7.010 Definitions. For purposes of this chapter, the following words and phrases shall have
the meanings ascribed to them by this section:
Canital„ improvement s . Public facilities or assets used for any of the
following:
~a} Water supply, treatment and distribution;
fib} Wastewater sewers, including collection and transmission;
Vic} Storm sewers, including drainage and flood control;
~d} Transportation, including but not limited to streets, sidewalks,
bike paths, traffic signals and cantrol devices, street lights, street trees, public
transportation, vehicle parking, and bridges; or
fie} Parks and recreation, may include but is not limited to
mini-neighborhood parks, neighborhood parks, community parks, and other
recreational facilities.
Domestic sew,~~e. Wastewater sewage derived principally from dwellings,
business buildings and institutions.
Dwe~lin~„unit. A facility designed for permanent or semi-permanent
occupancy by a single family and provided with minimum kitchen, sleeping and
wastewater facilities.
Local~~rovement. Any proj ect or service or part thereof undertaken by the
city where all or part of the costs are borne by local assessments levied against
parcels of real property which provides a special benefit only to specif c parcels or
rectifies a problem caused by specif c parcels}. Such local improvements may
include, but are not limited to, a street, sidewalk, street light, underground utility,
wastewater or storm sewerage facility, water utility facility, offwstreet motor vehicle
parking facility, flood control facility, park, playground or neighborhood recreation
facility.
~rdlnance ~ 1
ani ewer. A sewer which carries sewage, into which stormwater is not
intentionally admitted.
Sewer user. The owner, occupant, or other person authorized to request
services or responsible for the payment therefor of a facility which discharges directly
or indirectly to the city sanitary sewerage system, or has a wastewater sewer available
as provided in section 6.070 of this code,
Single,,,dwel~ing unit. A facility designed for permanent orsemi-permanent
occupancy by a single family and provided with minimum kitchen, sleeping and
wastewater facilities.
S stems develo ment char e. A reimbursement fee, a public improvement
charge or a combination thereof assessed or collected at any of the times specified in
section 7.720. It shall also include that portion of a wastewater 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 wastewater
sewer facilities and storm sewer facilities.
Undeveloued subdivision lat. A recorded subdivision plat, or portion
thereof, under common ownership and which does not have public improvements,
public utilities, cable television facilities, roadways, water service, wastewater
sewage disposal service, or other improvements described in ~]RS 92.225.
Section Z. Subsection ~1} of Section 7.705 of the Eugene Code,1971, is amended to provide
as follows:
7.705 SDC - S stems Develo ment Char a Established.
~ 1 } Unless otherwise exempted by the provisions of sections 7.704 to 7.740 or
other local or state law, effective July 1,1991 a systems development charge is hereby imposed upon
all new development within the city, and any structure inside or outside the boundary of the city that
connects to or otherwise uses the wastewater sewer system or storm sewer system of the city.
Section 3. Subsection ~2} of Section 7.715 of the Eugene Code,1971, is amended to provide
as follows:
7.715 SDC - Cow ce With State Law.
~2} The capital improvement plan required by state law as the basis for expending
systems development charge revenues for capital improvements shall be the Eugene Capital
Improvements Plan ~CIP} and the Me~opolitan Area General Plan as adopted by the council Plan},
other city facilities plans that may include SDC-eligible capital projects, or the capital improvement
ordinance - 2
plan adopted by another governmental body which was used by the city manager in establishing the
methodology for the systems development charge provided such capital improvement plan is
consistent with the CiP. and the Plan.
Section 4. Subsections ~ 1 }~c}, ~2}, and ~5} of Section 7.720 of the Eugene Code, 1971 are
amended to provide as follows:
7.721 SDC - Collection of Chime.
~ 1 } After adoption of the applicable methodology, a systems development charge
is payable upon issuance of:
~c} A permit to connect to the water, wastewater sewer or storm sewer
systems or in anticipation of the issuance of such a ermit at the time of le in a
p vY g
local improvement district assessment for wastewater sewer or storm sewer.
~2} If development is commenced without an appropriate permit or connection
is made to the water system, wastewater sewer system or storm sewer system without an appropriate
permit, the systems development charge is immediately payable upon the earliest date that a permit
was required.
~5} when the obligation to pay the unpaid systems development charge is
imposed at the tune of levying a local improvement district assessment for wastewater sewer or of
paying an equivalent assessment for wastewater sewer and the obligation is secured by a lien against
the real property being developed, the person paying the systems development charge in installments
may apply for deferral of the payments as provided in section 7.195.
Section 5. Subsection fib} of Section 7.725 of the Eugene Code,1971, is amended to provide
as follows:
7.725 SDC - Exem tions. The following are exempt from the systems development charge
imposed in section 7.705:
fib} Any conducting of a building or mining operation, or making of a
physical change in the use or appearance of a structure or which does not increase the
usage of any capital improvement or which does not create the need for additional
capital improvements.
Section b. Section 7.740 of the Eugene Code, 1971, is amended to provide as follows:
7.740 SDC -Prohibited Connection. No person may connect to the wastewater sewer or
storm sewer system of the city unless the appropriate systems development charge
has been paid or the installment payment method has been applied for and approved.
Ordinance - 3
Section 7. The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to a ' 'stratively correct any reference errors contained herein or in other provisions
of the Eugene Code,1971, to the provisions added, amended or repealed herein.
Section S. That the matters contained herein concern the public health, welfare and safety
and therefore, an emergency is hereby declared to exist, and this Ordinance shall became effective
immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor
for more than ten days, or readoption over a mayoral veto by two-thirds of all members of the City
Council.
Passed by the City Council this
15th day of September,1999
~µ ~. ~
City Recorder
Approved by the Mayor this
15th day of September,1999
Mayor
Ordinance - 4