Res 1100 - Sys Devlpmt Chrge
COUNCIL BILL NO. 1361
RESOLUTION NO. 1100
A RESOLUTION ESTABLISHING SYSTEMS DEVELOPMENT CHARGE POLICIES TO
IMPLEMENT AND CLARIFY THE REQUIREMENTS OF ORDINANCE 2070.
WHEREAS, the city of Woodburn has passed Ordinance 2070 establishing system
development charges based upon the study performed by Henderson, Young and Company;
and
WHEREAS, the study was necessary for the adoption of proper methodology
required by state law; and
WHEREAS, certain administrative policies are necessary to clarify and implement
Ordinance 2070, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Circumstances in which the city shall refund a systems development
charge are as follows:
a. The connection to the facility was never made and the operational
facility was never used,
b. A partial fee return may be made if a calculation error is found within
three months of the connection date.
Section 2. Circumstances in which the city shall not refund a systems development
charge are as follows:
a. The connection to the facility was made and facility was operationally
used even for a short duration of time,
b. The load placed on the city system is reduced.
c. The load on the city system is eliminated.
Section 3. Notwithstanding Sections 1 and 2 of this resolution, any applications for
a refund shall comply with the requirements contained in Section 4 of Ordinance 2070.
Section 4. The city shall assess an additional systems development charge when
the demand placed on the city system is more than the initial estimated amount for which
the system development charges were paid. This does not apply to single family or other
residential units unless additional rental units are created,
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RESOLUTION NO. 1100
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The additional charge shall be for the increased demand or for the demand above the
underestimate, and it shall be based upon the fee that is in effect at the time of additional
charges, and not upon the fee structure that was in effect at the time initial building permit
was issued,
Section 5. Where a facility has been operationally abandoned, the city shall be
entitled to collect the entire amount of systems development charge due pursuant to
Ordinance 2070,
For purposes of this section, there is a rebuttable presumption that a facility which is not in
operation for a consecutive 18 months period is operationally abandoned.
The City Administrator, upon recommendation of the City Engineer shall make the
determination as to whether an existing facility has been operationally abandoned, This
determination shall be in writing and mailed to the last operator of the facility at the last
known address. Appeal of the City Administrator's determination shall be in strict
accordance with the procedures contained in Section 3(G} of Ordinance 2070,
Section 6. Water and sewer systems development charges shall be collected at the
time a building permit is issued.
Upon approval by the City Engineer, where sufficient cause is shown, the charges shall be
collected at the tim~~, 11 /? ~ .1- 7- OJ L
Approved as to form: . ' \l ~
City Attorney Date
APPROVED' 1:uilvtl ~
FRED W, KYSER, OR
Passed by the Council January 13, 1992
Submitted to the Mayor January 15, 1992
Approved by the Mayor Januarv 15. 1992
Filed in the Office of the Recorder January 15, 1992
ATTEST: j11~~ I~--=t-
Mary Ten t, City Recorder
City of Woodburn, Oregon
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RESOLUTION NO, 1100
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