15.16.010 Findings.
(1) The systems development charge established herein is intended to be a charge upon the act of development by whomever seeks the development. It is a fee for service because it is the development which requires essential municipal services based upon the nature of the development. The timing and the extent of the development is within the control and discretion of the developer.
(2) The systems development charge imposed by this chapter is not intended to be a tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Sec. 11b, Art. XI of the Oregon Constitution or the legislation implementing that section.
(3) Even if the systems development charge herein imposed is viewed under Sec. 11b, Art. XI of the Oregon Constitution as a tax against property or against a property owner as a direct consequence of ownership of that property, it is an incurred charge within the meaning of that section and the statutes implementing it because:
(a) It allows the owner to control the quantity of the service by determining the extent of development to occur upon the property.
(b) It allows the owner to determine when the service is to be initiated or increased by controlling when the development occurs.
(c) State law and the ordinances of this City require the owner to provide certain basic utility services to the property when it is developed for human occupancy. The provision of these basic utility services is a routine obligation of the owner of the affected property and essential to the health and safety of the community.
(4) Among the basic utility services required of every property with a structure designed for human occupancy, except ancillary buildings, are water, sanitary sewer, storm drainage, transportation services, and parks.
(5) The systems development charge imposed by this chapter is based upon the actual costs of providing existing or planned for capital improvements and does not impose charges on persons not receiving a service and imposing a burden upon the City’s existing capital improvements. (Ord. 164, passed 10-8-2019)