Ord 2249 - Amend Ord 2111 Strm
COUNCIL BILL NO. 2007
ORDINANCE NO. 2249
AN ORDINANCE AMENDING ORDINANCE NO. 2111 TO ADDRESS ONLY
STORMWATER DRAINAGE SYSTEM DEVELOPMENT CHARGES AND SE'ITING AN
EFFECTIVE DATE.
WHEREAS, on November 8, 1999, the City conducted a public hearing on traffic impact fees
(TIP's); and
WHEREAS, pursuant to ORS 223.297-223.314, a methodology justifying the new TIP's was
adopted by ordinance; and
WHEREAS, Ordinance No. 2111 established a prior methodology for TIP's and stormwater
drainage system development charges; and
WHEREAS, the stormwater drainage system development charges are still based on the
methodology contained in Ordinance No. 2111 which has been reviewed and found to be still sufficient,
and
WHEREAS, certain housekeeping amendments are now necessary to modify Ordinance No.
2111 so that it references only stormwater drainage system development charges; NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS
Section 1. Section 1 (E) of Ordinance No. 2111 is hereby amended to read as follows:
(E) "Capital Improvements" shall mean public facilities or assets used for stormwater drainage.
Section 2. Section 1 (S) of Ordinance No. 2111 is hereby amended to read as follows:
(S) "Qualified Public Improvement" shall mean a capital improvement that is
(1) Required as a condition of development approval;
(2) Identified in the adopted capital improvement plan (CIP); and either
a) not located on or contiguous to property that is the subject of
development approval; or
b) located in whole or in part on or contiguous to property that is the subject of
development approval and required to be build larger or with greater capacity than
is necessary for the particular development project to which the improvement fee is
related.
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ORDINANCE NO. 2249
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Section 3. Section 1 (V) of Ordinance No. 2111 is hereby repealed.
Section 4. Section 3 (C) of Ordinance No. 2111 is hereby amended to read as follows:
(C). Payment of Charges. Applicants for building permits or development permits
shall pay the applicable system development charges prior to the issuance of the
permits by the city.
Section 5. Section 3 (F) (3) of Ordinance No. 2111 is hereby amended to read as follows:
3) The City Administrator shall determine if the proposed qualified public improvement is:
a) Required as a condition of development approval;
b) Identified in the adopted capital improvement plan (CIP);and either
c) i) Not located on or contiguous to property that is the subject of development
approval; or
ii) Located in whole or in part on or contiguous to property that is the subject of
development approval and required to be built larger or with greater capacity than
is necessary for the particular development project to which the improvement fee is
related
Section 6. Section 3 (F) (5) of Ordinance No. 2111 is hereby amended to read as follows:
5) A proposed improvement which does not meet all three (3) of the criteria included in
Section 3(F)(3) above shall not be considered a qualified public improvement and the city
is not required ORS 223.297 - 223.314 to provide a credit for such an improvement.
However, the city shall grant a credit, in an amount not to exceed fifty percent (50%) of
the total amount of the applicable SDC, for certain other contributions of capital facilities
under the following conditions:
a) The capital facilities being contributed must exceed the local stormwater drainage
capacity (for SDC) required for the specific type of development (i.e., residential,
industrial, etc.); and
b) Only the value of the contribution which exceeds the local stormwater drainage
capacity (for SDC) required for the specific type of development (i.e., residential,
industrial, etc.) shall be considered when calculating the credit; and
c) Donations for on-site right-of-way are not eligible for the credit.
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ORDINANCE NO. 2249
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Section 7. Section 3 (G) (1) of Ordinance No. 2111 is amended to read as follows:
1) An applicant who is required to pay system development charges shall have the right to
request a hearing to review the denial by the City Administrator of a proposed credit for
contribution of qualified public improvements pursuant to Section (3)(F).
Section 8. Section 4 (A) of Ordinance No. 2111 is amended to read as follows:
(A) Trust Accounts. The City hereby establishes a separate trust account for each type of
system development charge to be designated as the II Stormwater SDC ", which shall be
maintained separate and apart from all other accounts of the city. All system development
charge payments shall be deposited into the appropriate trust account immediately upon
receipt.
Section 9. This ordinance shall be legally effective on January 1,2000.
Approved as to form:Y) ~. ~ ll- \ ce -11
City Attorney Date
ApProVed:(~~~~
Richard Jennings, yor \
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ---.ffi~
MarY T ant City Recorder
City ofW oodburn, Oregon
November 22, 1999
November 23. 1999
November 23, 1999
November 23. 1999
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ORDINANCE NO. 2249
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