HomeMy WebLinkAboutOrdinance No. 19745ORDINANCE NO. 19145
AN ORDINANCE CONCERNING DEVELOPMENT CHARGES; AMENDING
SECTIONS 7.215, 7.277, 7.279, 7.281, 7.253, AND 1.285
OF THE EUGENE CODE, 1911; AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 7.275, 7.271, 1.279, 7.281, 1.283, and 7.285 of
the Eugene Code, 1971, are amended to provide:
7.215 Develo ment Char e - Definitions. In sections 7.271 to 7.285,
the following words and phrases mean:
Bu,i 1 di ng types . C1 ass i f i cati vn of a level opment, as follows :
Type A. -Open carports and accessory buildings.
Tyke B. Private garages.
Type C. Industrial plants and warehouses.
Type a. Single and multi-family dwellings, apartment
houses, public garages and stores. .
Type E. Churches, motels, offices, service stations,
theaters, schavls and convalescent hospitals.
Type F. Banks, hospitals, hotels, medical offices and
restaurants.
The building official shall determine the most appropriate
building type for any development which does not fit clearly
within a single type.
Development. Any improvement to real property, including
installation on a site of a structure built elsewhere and
construction that includes the assembling on a site of components
manufactured elsewhere.
Fi_nanci,al,,,_support. A contri buti on by the city to a
development of ;
~a} Cash
fib} Transfer of 1 and owned by the city or one of its
agencies to a developer at a cost below its original acquisition
cast or the current market value, whichever is greater;
~c} A public improvement to the site of a private development
as specified in the contract between the developer and the city
ar one of its agencies;
~d} Tax abatement.
Imperviou,s__surfac~. Earth surface made impervious by
development to vertical downward penetration by water.
Owner. Beneficial owner.
Re Tonal sanitar sewers a facilities. Sanitary sewer facili-
ties designated as "Regional Sewerage Facilities" in any present or
future intergovernmental agreement to which the city is a party.
Value.
~a} The estimated cast of a development proposed or commenced
but not completed, as determined by the building official and
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indicated on the building permit far the development.
fib} The value, as ascertainable from the records of
the Lane County Assessor, of a completed development of whatever
improvements comprise the development or, if not so ascertainable,
as established by the building official.
7.271 Develo ment Char e - Rates.
~1} Except as section 7.219 of this code provides to the can-
trary:
~a} Prior to issuance of a permit for a development there
shall,be paid to.the city a development charge for provision of
add~t~onal capacity or improvement that the development necessi-
tates or ~s likely to necessitate for public thoroughfares, sani-
tary sewage systems and drainage systems.
fib} At the time property improved with a building having
p1umb~ng fixtures is assessed far or pays an equivalent assessment
for sanitary sewers there shall be paid to the city the portion of
the development charge related to sanitary sewers. Such amount
may be added to the assessment or equivalent assessment.
The development charge is an estimate of the costs incurred and to be incur-
red by the city for the provision of such services to the development and the
expansion of such services that the development necessitates or is likely to
necessitate. The charge is to be considered in the nature of a charge for
service rendered or a service hookup charge because the amount of such charge
is controlled by the developer's choice of the kind of development to occur.
~2} The development charge fora building shall be the sum of the
fall owi ng:
~a} A charge computed by multiplying the square footage of
.a11 floor area of the building development by the following
rates:
Buildin T e
Rate Per. Square ,Foot,
Of Bui 1 d,i~~ng ,F~ oar_ Area
A $ O.o4
B $ 0.08
~ $ a.12
a $ 0.20
E $ 0.28
F $ 0.3fi
fib} A charge of $ 0.06 per square foot of impervious
surface of the improvement.
~3} Prior tv issuance of a mobile home park building permit or
sewer connection permit there shall be paid to the city:
~a} A charge of $85 for tharoughfares, $50 for sanitary
sewerage, and $I00 for drainage for each mobile home space in the
park; and,
fib} The charge computed under subsection ~2} of this
section far each permanent structure in such a park that is not a
mobi 1 e home.
~4} If a develapment for which a charge is due under subsection
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~2} or ~3} of this section takes pi ace on land annexed to the city after
1947, there shall be paid to the city as part of the development charge, an
additional amount for each subsequent year to and including the year of
annexation of ane percent ~ 1°/~} of the charge but that amount shall aggre-
gate no more than fifty percent X50°°/e} of the total charge.
~5} On land annexed to the city after the,llth day of April, 1978,
if application fora building permit is made prior to annexation, prior to
issuance of a permit to connect the development to the sanitary sewer system
of the city, there shall be paid to the city a development charge computed
as follows:
~a} Forty percent X40%} of the amount computed under
subsection ~2}~a} of this section; and
fib} .An additional amount computed under subsection ~4} of
th ~ s sect ~ on .
~6} There shall be paid to the city a development charge far
regional sewerage fac~i~t~es prior to issuance of a permit to connect to the
sanitary sewer system of the city or of a pl umbi ng permit whichever of the
following categories app1~es:
~a} A one time development charge for a single family dwe11-
ing or per dwelling unit of a duplex: $212 per dwelling unit,
minus any credit given under paragraph ~d} of this subsection;
fib} Except when covered by ~a} above, a development charge
for an existing building which is connecting to the sanitary sewer
system based on historic water consumption: $10 plus $33.67 per
1,000 gallons of average winter months' water consumption, minus
any credit given under paragraph ~d} of this subsection; or
~c} Except when covered by ~a} above, a development charge
for anew building ar for a modification tv an existing building,
which requires a plumbing permit: $10 plus $13.25 per plumbing
fixture unit to be connected to the sanitary sewer system or to be
added to an existing building, minus any credit given under para-
graph ~d} of this subsection.
~d} There shall be a credit given for past payments knot to
exceed the amount of the charge imposed by this subsection} to re-
tire the bonded debt for construction of regional sewerage facili-
ties based on actual in lieu of property tax payments made or based
on property taxes paid using the assessed value ~AV} or real market
value ~RMV} whichever i s ] ess, at the time of obtaining the permit:
Year Payments Began Rate/$1,000 AV or RMv
1919 $0.02
19sa $0.11
1981 $0.12
1982 $0.22
1983 $0.15
1984 $0.35
1985 $0.34
1986 $0.20
1981 $0.23
1988 $0.33
1989 $4.36
1990 $0.23
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A credit may anly be taken once when
ment charge under this subsection is
~1} The charges described
time to time to reflect changes in t
city or improvements to the services
ti an.
the first obligation to pay the develop
imposed.
in this section shall be revised from
he cost of constructing additional capa-
described at subsection ~1} o this sec-
7,219 Develo ment Char e - Exce tions ualifications.
~1} No charge is due under section 7.217 of this code for a
development located in the city on or before April 11, 1918, but not then
connected to the sanitary sewer system of the city if the connectian to the
system is made within 18 months of the date that the city notifies the owner
of the development that connection to the sanitary sewer system is required.
If a connection is not made to the system within that time, the city shall
be paid the charge computed under subsection ~5} of section 7.277 prior to
issuance of the connection permit.
~2} A charge is due under section 1.217 of this code far a change
in development only if the change in development results in a charge of at
least $6o and increases
~a} the floor space of the development,
fib} the impervious surface of the development, ar
~c} the charge for the development as computed under
section 1.277 of this code,
~3} A housing ar other development that receives financial support
from the city shall receive a reduction in or exemption from the charge
equal to the amount of financial support the development receives from the
city.
~4} No charge is due under section 7.277 of this code far develop-
ment by any municipal, quasi-municipal or public corporation.
~5} No charge is due under section 1.217 of this code for paving
an unpaved parking area before April 11, 1981, i f the parking area was con-
tinuously used as such and existed before April 11, 1978.
. ~6} Na charge is due under sectian 1.211 of this code for develop-
ment ~ n the fol 1 owe ng area: Begs nn~ ng at the intersection formed by 13th
Avenue and Washington Street, thence northerly along the centerline of
Washington Street +/- 5800 feet to the centerline of the Willamette River,
thence easterly along said river centerline +/- 1000 feet to a point that
is the intersection of the extension of Lincoln Street and the centerline
of the Willamette River, thence southerly along the centerline of Lincoln
Street +/- 2500 feet to the centerline of Southern Pacific Railroad right-of-
way, thence easterly slang said railroad right-of-way centerline +/- 2500
feet to the centerline of High Street, thence southerly along the center
line of High Street +/~ 2300 feet to the centerline of 13th Avenue, thence
westerly along the centerline of 13th Avenue +/- 3200 feet to the centerline
of Washington Street, to the point of beginning, al] in Eugene, Lane County
Oregon.
~7} A charge is due under section 7.217 of this code when develop-
ment ~ n an area outs ~ de the c~ ty connects tv a city sanitary sewer. The
charge shall be the portion of the charge prescribed by sectian 1.277 attri-
butable to sanitary sewerage.
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7.281 Development Charge - Payment.
~1} A development ch~~arge under section 1,277 and 7.279 of this Code
is due and payable upon issuance of a building permit for the development
or upon issuance of a permit for connecting the development to the sewer
system of the city.. Except for the charge required in subsection 7.2176},
~f the charge is paid ~n full when the permit is issued, the charge shall be
discounted three percent ~3/}.
~2} As an alternative method of payment far a level opment charge
of $200.00 or more, the permittee may enter into a written agreement with
the city to pay the charge in semi-annual installments. Except for the final
~ nstal 1 ment, each ~ nstal l ment, including interest on the unpaid balance
accruing at the rate authorized under section 2.022 of this code, shall be
at least $60.00. However, the minimum required payment shall be sufficient
to pay the charge and accrued interest, when amortized on alevel-payment
basis, in 10 years. Ynterest accrues from the first day of the month after
the permit for the development is issued. Payment of the interest is due
six months after the date interest begins to accrue and every six months
thereafter. The charge becomes delinquent upon failure to make a payment
within 9D days after becoming due.
a ~~3} The unpaid portion of the development charge including accrued
interest ~s a personal obl~gat~on of the permittee and shall be secured by
property, bond, deposits, letter of credit ar other security acceptable to
the city manager or the manager's designee.
~4} The charge for a development commenced without a valid permit
is due and payable on the earliest date that the permit is required under
this code. ,
~5} The finance officer may collect the charge by legal action in
the name of the city in a court of competent jurisdiction.
7.283 Develo ment Char e - Exem tions from Buildin Permits. When devel-
opment occurs on land for which no building permit is required,
the developer shall pay a charge computed under sections 7.217 and 1.279 of
this code. The developer shall notify the public works department before the
development i s commenced that no bui 1 di ng permit wi 11 be applied far. The
charge shall be paid before commencement of the development or as provided
~n sect~an l.2Sl. The development shall not be served by a sewerage or
drainage facility of the city until the charge is paid.
1.285 Development Charge - U,se of Proceeds. Proceeds from charges
~m osed and collected under se~~~~
' ctians 1.271 to 1.283 shall be iden-
P
tified in the accounts of the city separately from other city funds and shall
be expended only for increasing and improving the capacity of the public
thoroughfares, increasing and improving the capacity of the sanitary sewer
system, increasing and improving the drainage system that serves the city,
for paying debt incurred to increase and improve such facilities, and for
defraying administrative costs of collecting the charge.
Section 2. The City Recorder, at the request of, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
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errors contained herein ar in other provisions of the Eugene Code, 1911, to
the provisions added, amended or repealed herein.
Section 3. That the matters contained herein concern the public heath,
welfare and safety and therefore, an emergency is hereby declared to exist,
and this Ordinance shall become effective immediately upon its passage by
the City Council and approval by the Mayor, retention by the Mayor for mare
than ten days, or readoption over a mayoral veta by two-thirds of all members
of the City Council,
Passed by the City Cauncil this
14th day of January, 1991
City Rec er
Reproved by the Mayor this
14th day of January, 1991
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Mayor y
Ordinance - b