12.07.080 Calculation and collection of sdc.
A. All Applicants for New Development shall pay all applicable SDCs, and all such SDCs shall be due and payable at the time of issuance of a Permit or whenever there is a change of use of a parcel or building, or part thereof that does not involve issuance of a Permit.
B. Unless a particular Capital Improvement SDC methodology provides otherwise, the City shall use the following means of measuring the demand or impact that a particular use will have on the City’s systems:
1. For transportation system impacts, the City shall rely upon the number of person-trips generated by the proposed new use (and previous use) according to the use categories in the current version of the ITE Trip Generation Manual or other comparable compilation of national average person-trips generated by different use classifications.
2. For water system impacts, the City shall rely upon the meter size serving the use and/or an average equivalent dwelling unit (EDU) calculation.
3. For stormwater and drainage system impacts, the City shall rely upon the amount of impervious surface that contributes stormwater run off to the City’s stormwater collection and disposal system.
4. For sanitary sewer system impacts, the City shall rely upon the average equivalent dwelling unit (EDU) calculation.
5. For park system impacts, the City shall rely upon the number of residents or employees at the site.
C. When the New Development constitutes a change or an enlargement of a Previous Use of the parcel, including a change in use or tenant within a multi-tenant building, the New Development shall trigger an SDC review and calculation under the current methodologies.
1. If the Proposed Use results in a greater demand or impact on a city Capital Improvement system under the current applicable methodology than for the Previous Use (e.g., the new use generates a larger number of person-trips than did the previous use), the Applicant shall pay the difference between the SDC rate ascribed to the Previous Use and the calculated SDC attributable to the Proposed Use. In the case of new construction or a building where there has been no Previous Use, the New Development shall pay the full amount of all SDCs attributable to the use proposed for the New Development.
2. If the Proposed Use results in a lower demand or impact on a city Capital Improvement system (e.g., a smaller number of person-trips) under the current applicable methodology than for the Previous Use, no further SDC shall be due, but no refund shall be paid to the applicant.
3. It shall be the Applicant’s burden to prove and document the existence and extent of the Previous Use.
4. Where the New Development is a change in use or tenant for only part of a multi-tenant building, the SDC can be calculated and paid for only the particular space involved.
E. If New Development is commenced or connection is made to the water, sanitary sewer, stormwater drainage or transportation systems without first obtaining a Permit, where one is required, all applicable SDCs shall be due and payable immediately upon the earliest date that a Permit was required.
F. The City Building Permit Department shall collect the applicable SDC(s) from the Applicant or person responsible for or receiving the benefit of the New Development in accordance with this Section. No Department of the City shall issue any Permit or allow connection to a City Capital Improvement system until all applicable SDCs have been paid in full or, at the City Manager’s option, future payment is financially guaranteed under such terms as the City Manager deems reasonable.
G. The obligation to pay an unpaid SDC and interest thereon shall be secured by property, bond, deposits, letter of credit or other security acceptable to the City Manager.
H. If an SDC is not paid upon issuance of a Permit or the Applicant is otherwise allowed to defer or pay an SDC in installments, the obligation shall include the following amounts added to the principal amount due:
1. Interest on the obligation at 9% annual simple interest;
2. All costs associated with processing the particular form of security, such as title insurance, escrow fees, recording costs, collection costs and any other expense incurred by the City in connection with the security;
3. Any and all costs, as determined by the City Manager, incurred in establishing payment schedules and administering the collections process;
4. When the charge is secured by bond pursuant to ORS 223.205 to 223.295, all costs associated with administering the bond assessment program and issuing the bonds, as determined by the City Manager;
5. The intent of this subsection is to recognize that the payment of an SDC by installments increases the administrative expense to the City. It is the intent of this subsection to shift that added expense to the applicant, so that the City will not lose SDC revenue by accepting installment payments on such charges. Subject to the provisions of subsection 12.07.080(F), all costs added to the SDC will be determined by the City Manager.