1996-22008-Ordinance No. 96-048 Recorded 6/6/19960154-'7 REVIEW
E �
96-22008 LEG/1 OUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 15.12, 1
System Development Charges of the
Deschutes County Code and Declaring * :;
an Emergency. *
ORDINANCE NO. 96-048
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Chapter 15.12, System Development
Charges of the Deschutes County Code is amended to read as described in
Exhibit "A" attached hereto and incorporated herein, with bold typed
text to be added and language to be deleted set forth in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
PAGE 1 - ORDINANCE NO. 96-048 (6/5/96)
"CROFILMED
;JUN 2 7 1996
.t FYr d N Eu
01154-2318
Section 4. Emergency. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect on its
passage.
DATED this 5 day of June, 1996.
RD OF COUNTY
DESCHUTE35�CO
NANCY
ATT T: BARRY,,SLAUGHTE
Recording Secreta y ROBOT L. NIPPER,
PAGE 2 - ORDINANCE NO. 96-048 (6/5/96)
MMISSIONERS
Y, OREGON
" u
EN, Chair
Commissioner
ComMissioner
0154--2319
BOLD TYPED TEXT IS ADDDED, BRACKET [ ] TEXT IS DELETED
Exhibit "A"
Chapter 15.12. SYSTEM DEVELOPMENT
CHARGES
[15.12.010. Definitions.
15.12.015. Definition -Capital improvement.
15.12.020. Definition -Improvement fee.
15.12.025. Definition -Reimbursement fee.]
15.12.030. Definition -Other governmental unit.
[15.12.035. Definition -Qualified public
improvement.
15.12.040. Definition -System development
charge.]
15.12.050. Adoption of system development
charges.
15.12.060. Application to pay in
installments )rder-Priority-Publication.
[15.12.070. Crediting qualified public
improvements.]
15.12.075. Conditions of approval, relief for cash
contributions.
[15.12.080. Authorized expenditures.
15.12.090. Expenditure restrictions.
15.12.100. Improvement plan.]
15.12.110. Segregation and use of revenue.
15.12.120. Challenge of expenditures.
15.12.130. Hearing of challenge to expenditures.
15.12.140. Prohibited construction.
15.12.010. Definitions.
As used in this chapter, the words and
phrases are defined as set forth in 15.12.015-040.
(Ord. 95-063 § 1, 1995; Ord. 93-051 § 1, 1993)]
[15.12.015. Definition -Capital improvement.
A. "Capital improvement" means
facilities or assets used for the following.
1. Water supply, treatment and
distribution;
2. Waste water collection,
transmission, treatment and disposal;
3. Drainage and flood control;
4. Transportation; or
5. Parks and recreation.
B. "Capital improvement" does not
include costs of the operation or routine
maintenance of capital improvements. (Ord.
93-051 § 1, 1993)]
[15.12.020. Definition -Improvement fee.
"Improvement fee" means a fee for costs
associated with capital improvements to be
constructed. (Ord. 93-051 § 1, 1993)]
[15.12.025. Definition -Reimbursement fee.
"Reimbursement fee" means a fee for
costs associated with capital improvements
already constructed or under construction. (Ord.
93-051 § 1, 1993)]
15.12.030. Definition -Other governmental unit.
"Other governmental unit" refers to any
other governmental unit, as defined in Oregon
Revised Statutes chapter 223 for whose benefit
Deschutes County collects a system development
charge. (Ord. 93-051 § 1, 1993)
[ 15.12.035. Definition -Qualified public
improvement.
"Qualified public improvement" means one that
is: (1) required as a condition of residential
development approval; (2) identified in the plan
adopted pursuant to section 15.12.090; and (3)
not located on or contiguous to property that is
the subject of residential development approval.
(Ord. 95-063 § 1, 1995; Ord. 93-051 § 1, 1993)]
[ 15.12.040. Definition -System development
charge.
A. "System development charge" means
a reimbursement fee, an improvement fee or a
combination thereof assessed or collected at the
time of increased usage of a capital improvement
or issuance of a development permit, building
permit or connection to the capital improvement.
System development charge includes that portion
of a sewer or water system connection charge
that is greater than the amount necessary to
reimburse the governmental unit for its average
cost of inspecting and installing connections with
water and sewer facilities.
B. "System development charge" does
not include any fees assessed or collected as part
of a local improvement district or a charge in lieu
of a local improvement district assessment, or the
cost of complying with requirements or conditions
imposed upon a land use decision or limited land
use decision. (Ord. 93-051 § 1, 1993)]
15.12.050. Adoption of system development
A. System development charges, the
collection of which are authorized by Oregon
Revised Statutes 223.297 through 223.314, [are
to] shall be collected [from developers of real
property and users or prospective users] at the
time of increased usage of a capital
improvement[s] or issuance of a development
permit, building permit or connection to a capital
improvement as [and may be] established and
revised by the Board of County Commissioners
by resolution.
B. Each system development charge
resolution shall include the following-
1.
ollowing1. The amount of the fee to be
charged,
2. The purpose of the charge,
3. The methodology used to
establish the charge,
4. When such fees are to be paid,
5. For improvement fees, provide
for a credit when a qualified public improvement
is constructed by the developer or user who is
being required to pay a system development
charge.
6. For improvement fees, provide
for reimbursement for certain public
improvements planned pursuant to ORS 223.309.
(Ord. 96-048 § 1, 1996; Ord. 95-063 § 1, 1995;
Ord. 93-051 § 1, 1993)
15.12.060. Application to pay in
install er-Priority-Publication.
A. Whenever a system development
charge imposed by this chapter becomes due and
payable, the owner of the real property, as
defined in Deschutes County Code 12.48.081,
may make application to pay the system
development charge in installments pursuant to
Oregon Revised Statutes 223.208 and 223.215.
B. Whenever the board receives
such an application from an owner entitled to
make payment of a systems development charge
in installments, the board shall enter an order
approving the application, describing the property
and owner, setting forth the principal amount of
0154-23104-0
the lien imposed on the real property, the
interest rate, and the time period over which
payments shall be made.
C. If the application to make system
development charges in installments is made by
a religious, fraternal, or charitable organization
or public corporation, the board may in its order
designate the lien to be a second lien on the real
property.
D. The board shall publish an order
authorized by this section in accordance with
Oregon Revised Statutes 223.210.
E. Where applicable, the procedures
set forth in sections 12.48.250 through 12.48.320,
Deschutes County Code, shall apply to an order
approving an application to make system
development charges in installments. (Ord.
95-063 § 1, 1995; Ord. 94-031 § 1, 1994)
[ 15.12.070. Crediting qualified public
improvements.
In calculating the system development
fee charged against a developer, the developer
shall be credited to reflect the cost of qualified
public improvements. If a qualified public
improvement is located partially on and partially
off property that is the subject of residential
development approval, the credit shall be only for
the cost of the portion of the improvement not
located on or wholly contiguous to the property.
Such credits shall be only for the type of
improvement being constructed and shall not
exceed such improvement fee, even if the cost of
the capital improvement exceeds the applicable
improvement fee. (Ord. 95-063 § 1, 1995; Ord.
93-051 § 1, 1993)]
15.12.075. Conditions of approval, relief for cash
contributions.
A. Any condition of approval
requiring a cash contribution for transportation
system improvements for arterials or collectors
by the county, or roads treated as arterials and
collectors, which were imposed in lieu of the
construction of improvements, imposed on or
after June 15, 1993, shall receive a special credit
for transportation SDCs to be imposed on lots or
improvements at the transportation SDC rate in
effect at the time application for a building
permit is made for a building permit on the
subject property. The amount of the credit shall
not exceed the amount of cash contribution set
forth in the conditions of approval.
B. No development shall be eligible
for a credit unless the owner(s) of real property
benefiting from a land use approval have entered
into a conditions of approval agreement with the
county. Such a conditions and approval
agreement shall, to the extent possible, be in
accordance with the transportation SDC credit
and reimbursement policies in effect at the date
of the conditions of approval agreement.
Application for credit shall be the responsibility
of the owner(s) and shall be made within one
year after the effective date of this section.
C. No credit shall be provided for
conditions of approval requiring cash
contributions for transportation systems
improvements which have been paid prior to the
effective date of this section.
D. No credit shall accrue after June
16, 2005.
E. The Community Development
Department shall keep a ledger of all conditions
of approval imposing cash contributions described
herein and the amount of credits applied. If an
outstanding balance exists, on June 16, 2005, the
amount shall be due and payable. (Ord. 95-063 §
1, 1995; Ord. 95-049 § 1, 1995)
[ 15.12.080. Authorized expenditures.
A. Reimbursement fees shall be
applied only to capital improvements associated
with the systems for which the fees are assessed,
including repayment of indebtedness.
B. Improvement fees shall be spent
only on capacity increasing capital improvements,
including expenditures relating to the repayment
of debt for such improvements. An increase in
system capacity occurs if a capital improvement
increases the level of performance or service
provided by existing facilities or provided new
facilities. The portion of the improvements
funded by improvement fees must be related to
demands created by development. A capital
improvement being funded wholly or in part from
revenues derived from the improvement fee shall
be included in the plan adopted under section
15.12.100.
C. Notwithstanding subsections A
and B of this section, system development charge
revenue may be expended on the direct costs of
complying with the provisions of this ordinance;
including the costs of developing system
development charge methodologies and providing
0154-2321
an accounting of system development charge
expenditures. (Ord. 95-063 § 1,1995; Ord. 93-051
§ 1, 1993)]
[ 15.12.090. Expenditure restrictions.
A. A system development charge
shall not be expended for costs associated with
the construction of administrative office facilities
that are more than an incidental part of other
capital improvements.
B. A system development charge
shall not be expended for costs of the operation
or routine maintenance of capital improvements.
(Ord. 95-063 § 1, 1995; Ord. 93-051 § 1, 1993)]
[15.12.100. Improvement plan.
Capital improvements for which a system
development charge has been imposed shall be
included on a capital improvement or public
facilities plan or a similar master plan that lists
(1) the capital improvements to be funded by
improvement fee revenues, (2) the estimated cost
of those improvements, and (3) sets forth a
timetable for completion of such improvements.
(Ord. 95-063 § 1, 1995; Ord. 93-051 § 1, 1993)]
15.12.110. Segregation and use of revenue.
A. All funds derived from a system
development charge shall be segregated by
accounting practices from all other funds of the
county. The system development charge shall be
used for no other purposes than those set forth
in the section 15.12.080 and the resolution
adopting the charge.
B. The county shall provide an
annual accounting for system development
charges showing the total amount of system
development charge revenues collected for each
system and the projects that were funded.
C. In those instances in which a
systems development charge has been adopted by
and collected by the county on behalf of another
governmental unit, such as Bend Metro Parks
and Recreation, the county may require through
an intergovernmental agreement that ultimate
responsibility for accounting for the system
development expenditures lie with such other
governmental unit.
D. In all cases in which the county
acts on behalf of another governmental unit in
adopting and collecting system development
charges and otherwise administering the
collection of and disbursement of system
development charge funds, the county shall
secure an indemnity agreement from the other
governmental unit to indemnify the county from
any claims, losses, damages or any other
expenses that the county may incur by reason of
a claim that system development charge funds
have been spent by the other governmental unit
in an unauthorized manner. (Ord. 95-063 § 1,
1995; Ord. 93-051 § 1, 1993)
15.12.120 Challenge of expenditures.
A. Any citizen or interested person
may challenge an expenditure of system
development charge revenues based upon an
alleged failure of the county to follow the
requirements of Oregon Revised Statutes
223.307 by filing a written challenge with the
Board of County Commissioners describing, with
particularity, the expenditure which the person
is challenging and the reason that the challenge
is alleged to be unlawful. All such challenges
must be brought within two years of the date of
the expenditure challenged.
B. In those instances in which a
systems development charge is adopted and/or
collected by the county on behalf of another
governmental unit, such as Bend Metro Parks
and Recreation, any challenge regarding alleged
unauthorized expenditures shall be directed to
that other governmental unit if such other
governmental unit has adopted a procedure to
accept and respond to challenges to system
development charge expenditures, as required by
Oregon Revised Statutes 223.307. If the other
governmental unit has not adopted procedures of
its own to accept and respond to challenges,
challenges shall be directed to the county under
section 15.12.120(A) of this chapter. (Ord. 95-063
§ 1, 1995; Ord. 93-051 § 1, 1993)
15.12.130. Hearing of challenge to expenditures.
A. Unless an intergovernmental
agreement with another governmental unit
provides otherwise, a challenge to an expenditure
of system development charges collected by the
county shall be set for an administrative hearing
before the county hearings officer. Such
hearings shall be tape recorded. The person
conducting the hearing must not be one of the
persons who authorized the challenged
expenditure of funds. The hearings officer shall
provide notice to the person challenging the
0154-23,2
expenditure and the public employees or officials
who made the expenditure, of the hearing date,
time and place. The person conducting the
hearing shall also provide said persons an
opportunity to present evidence and legal
arguments concerning the matter. If the
hearings officer determines that system
development charges were misspent, he or she
shall forward a report to the board detailing the
hearings officer's findings and indicating the
amount of funds misspent and from where said
funds were spent. The board shall review the
hearings officer's report and replace any funds it
determines have been misspent with funds
derived from other sources.
B. Any indemnity agreement
entered into pursuant to section 15.12.110(C)
shall require that the other governmental unit be
the source of any monies required by the hearing
officer under section 15.12.130(A) to replace
monies that the hearing officer has found to have
been misspent. (Ord. 95-063 § 1, 1995; Ord.
93-051 § 1, 1993)
15.12.140. Prohibited construction.
A. No person, firm or corporation
shall construct a structure to which a system
development charge applies unless the applicable
system development charge has been paid.
B. Violation of this provision shall
be a Class A infraction. (Ord. 95-063 § 1, 1995;
Ord. 93-051 § 1, 1993)
[96-048]