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HomeMy WebLinkAboutOrdinance No. 19038.. ORDINANCE NO, 1943$ AN ORDINANCE CONCERNING DEVELOPMENT CHARGES; AMENDING SECTIONS 7.275, 7.277, 7.279, 7.2$1, 7.283, AND 7.285 of THE. EUGENE CODE, 1971; AND DECLARING AN EMERGENCY, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1, Sections 7.275, 7.277, 7.279, 7.281, 7.283, and 7.285 of the Eugene Code, 1971, are hereby amended to read and provide: Development Charge 7.275 Develo ment Char e - Definitions. In sections 7.277 to 7.285, the following words and phrases mean: Building tykes, Classification of a develop- nu~~i- iu rir~mi. ment, as follows: T-y~e_A, Open carports and accessory buildings, e~B, Private garages, ,Type C, Industrial plants and ware- houses, T e D. Single and multi-family dwellings, apartment houses, public garages and stores, T e E. Churches, motels, offices, ser- vice stations, theaters, schools and con- valescent hospitals, ~~e~ F. Banks, hospitals, hotels, medi- cal 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, Develo ment, Any improvement to real prop-~ erty, including installation on a site of a struc- ture built elsewhere and construction that includes the assembling on a site of components manufactured elsewhere, Financial su ort, A contribution by the city to a development of: ~a~ Cash; ~ by Transfer of land owned by the city or one of its agencies to a developer at a cost below its original acquisition cast ar Ordinance - 1 1908 the current market value, whichever is greater; ~c} a private contract one of i s ~d~ A public improvement to the site of development as specified in the between the developer and the city or agencies; Tax abatement. Im envious surf ace. Earth surface made imper- vious by development to vertical downward penetra- tion by water. owner, Beneficial owner. 7.277 Developmen Ch„arge~Rates. .~.,,., ~l} Except as section 7.279 of this code provides to,the contrary, the owner of land, upon issuance of a building permit for the land shall pay to the city a develop- ment charge for provision of additional capacity or improve- ment that the development necessitates or is likely to necesitate for public thoroughfares, sanitary sewage systems and drainage systems. The development charge is an estimate of the costs incurred and to be incurred by the city for the provision of such services to the development and the expan- sion 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. ~2~ The development charge for buildings shall be the sum of the following• day A charge computed by multiplying the square footage of all floor .area of the building development by the following rates: Bu ld,i,n~~~~e Rate Per Square Foot Of Building Floor Area A $ 0.04 $ $ o.os ~ $ a,12 ~ $ 0.20 E $ o.2s F $ o.s6 ~b~ A charge of $ 0.06 per square foot of a.mpervious surface area of the improvement. ~ 3 ~ The owner of land upon issuance of a mobile home park building permit or sewer connection permit for the land shall pay the city: ~a} A charge of $S5 for thoroughfares, $50 for sanitary sewerage, and $100 for drainage for each mobile home space in the park; and, Ordinance -~ 2 /9038 fib} The charge computed under subsection ~2} of this section for each permanent structure in such a park that is not a mobile home. ~4} If a development for which a charge is due under subsection ~2} or ~3} of this section takes place on land annexed to the city after 194?, the owner of the land shall pay to the city as a part of this charge, an additional amount for each subsequent year to and including the year of annexation of one percent ~1~} of the charge but that amount shall aggretate no more than fifty percent ~5D~} of the total charge. ~5} On land annexed to the city after the llth day of April, 1978, if the owner of the land on which the development is located has applied for a building permit prior to annexation, upon issuance of a permit to connect the development to the sanitary sewer system of the city, the owner shall pay the city a development charge computed as follows: ~a} Forty percent ~4D~} of the amount com- puted under subsection ~2} ~a} of this section; and fib} An additional amount computed under sub- section ~4} of this section. ~6} The charges described in this section shall be revised from time to time to reflect changes in the cost of constructing additional capacity or improvements to the ser- vices described at subsection ~1} of this section. ?.279 Develo ment Char e - Exce tions, Qualifications. ~l} No charge is due under section 7.277 of this code for a development located in the city on or before April 11, 1978, but not then connected to the sanitary sewer system of the city, whose owner has applied for a building permit on or before that date, if the connection to the system is made within 18 months thereafter or within 18 months after the system is accessible to the development, whichever is later. If a connection is not made to the system within that time, the owner shall pay the charge computed under subsection ~5) of section 7.277. ~2} A charge is due under section 7,277 of this code for a change in development only if the change in development results in a charge of at least $6D and increases ~a} the floor space of the development, fib} the impervious surface of the develop- ment, or ~c} the charge for the development as com- puted under section 7,277 of this code. ~3} A housing or 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. Ord i nonce -~ 3 /9os8 ~4} No charge is due under section 7.277 of this code,for development by any municipal, quasi-municipal or public corporation. ~5} No charge is due under section 7.277 of this code for paving an unpaved parking area before April 11, 1981, if the parking area was continuously used as such and existed before April 11, 1978. ~6} No charge is due under section 7.277 of this code far development in the following area: Beginning 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 +/-2544 feet to the centerline of Southern Pacific Railroad right-of~-way, thence easterly along said railroad right-of~-way centerline +/- 2500 feet to the centerline of High Street, thence southerly along the centerline 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 paint of beginning, all in Eugene, Lane County, Oregon. 7.281 Develo meat Char e - Pa meat. ~1} A development charge under section 7.277 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. If the charge is paid in full when the permit is issued, the charge shall be discounted three percent t3~}, ~2} As an alternative method of payment for a development charge of $200.00 or more, the owner may agree with the city to pay the charge in semi-annual installments, each, except for the final installment, at least $60.00 including interest on`the unpaid balance accruing at the rate authorized under section 2.022 of this code. However, the minimum required payment shall be sufficient to pay the charge and accrued interest, when amortized on a level~- payment basis, in 10 years. Interest 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 90 days after becoming due. ~3} The unpaid portion of the development charge including accrued interest is a personal obligation of the owner of the property to whom the permit is issued and shall be a lien upon the property for which the ordinance - 4 l 9038 permit is issued, The finance officer shall enter in the docket of city liens a statement of the amount of the charge on the property for which the permit is issued, together with a description of the improvement, the names of the owners, and the date the charge was imposed. Upon that entry each amount so entered shall become a lien and charge upon the property for which the permit is issued. The city may proceed to foreclose or enforce collection of delinquent charges in the manner provided by the general law of the State of oregon or by this code, but the city may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids, except those made by persons who would be entitled under the laws of the State of oregon to redeem the property. ~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 or by establishing a lien for the charge on the property and enforcing the lien under subsection ~3} of this section. 7.283 Develo ment Char e _ Exem tions from Euildin Permits, The owner of land on which a development is located without a building permit shall pay a charge com- puted under sections 7.277 and 7.Z7~ of this Code. The owner of the land or the person who makes the development shall notify the public works department before the develop- ment is commenced that no building permit will be applied far. The charge shall be paid before commencement of the development or as provided in section 7.2812}. The develop- ment shall not be served by a sewerage or drainage facility of the city until the charge is paid, 7.285 Develo ment Char e - Use of Proceeds. Proceeds from charges imposed and collected under sections 7.277 to 7.283 shall be identified 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 system of sanitary sewerage that serves the city, increasing and improving`the drainage system that serves the city, and defraying administrative costs of collecting the charge. Section 2, That the matters contained herein concern the public welfare and safety and therefore, an emergency is hereby ordinance - 5 1908 declared to exist, and this Ordinance shall became effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 25th day of October , 19 8 Z Cit Recorder Approved by the Mayor this 25th day of October , 19 8 2 ,; Mayor' ordinance -~ 6