Title 15
PUBLIC IMPROVEMENTS
Chapters:
15.04 PROCEDURES FOR LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
15.04.010 Initiating improvements.
15.04.020 Engineer’s report.
15.04.030 Financial investigation report.
15.04.040 Action on Engineer’s report and financial investigation report.
15.04.050 Emergencies.
15.04.060 Resolution and notice of hearing.
15.04.070 Manner of doing work.
15.04.080 Hearing.
15.04.090 Call for bids.
15.04.100 Assessment method and alternative methods of financing.
15.04.110 Assessment ordinance.
15.04.120 Notice of assessment.
15.04.130 Lien record and foreclosure proceedings.
15.04.140 Error in assessment calculation.
15.04.150 Supplemental assessments.
15.04.160 Rebates.
15.04.170 Remedies.
15.04.180 Abandonment of proceedings.
15.04.190 Curative provisions.
15.04.200 Reassessment.
15.06 PRIVATE CONSTRUCTION OF PUBLIC IMPROVEMENTS
15.06.010 Definitions.
15.06.020 Permit required.
15.06.030 Approval of drawings and specifications required.
15.06.040 Drawing review application and fee.
15.06.050 Drawing submittal and public improvement standards.
15.06.060 Permit issuance.
15.06.070 Permit duration.
15.06.080 Permit fee.
15.06.090 Performance and payment guarantee.
15.06.100 Warranty guarantee.
15.06.110 Preconstruction conference.
15.06.120 Notice before beginning work.
15.06.130 Working hours and overtime costs.
15.06.140 Construction in accordance with permit conditions.
15.06.150 Testing.
15.06.160 Suspension of permit – Stop work order.
15.06.170 Penalties.
15.06.180 City acceptance of the public improvement.
15.08 ECONOMIC IMPROVEMENT DISTRICTS
15.08.010 Districts authorized.
15.08.020 Definitions.
15.08.030 Assessments authorized.
15.08.040 Procedure.
15.08.050 Advisory committee.
15.08.060 Additional assessments.
15.12 LIENS
15.12.010 Notice.
15.12.020 Copy of lien form.
15.12.030 Validity.
15.16 SYSTEMS DEVELOPMENT CHARGE
15.16.010 Findings.
15.16.020 Definitions.
15.16.030 Purpose.
15.16.040 Scope.
15.16.050 Systems development charge established.
15.16.060 Compliance with state law.
15.16.070 Collection of charge.
15.16.080 Exemptions.
15.16.090 Credits.
15.16.100 Appeal procedures.
15.16.200 Prohibited connection.
15.20 PARKS SYSTEM DEVELOPMENT CHARGE
15.20.010 Findings.
15.20.020 Definitions.
15.20.030 Purpose.
15.20.040 Scope.
15.20.050 Parks System development charge established.
15.20.060 Compliance with state law.
15.20.070 Collection of charge.
15.20.080 Exemptions.
15.20.090 Credits.
15.20.100 Appeal procedures.
15.20.200 Construction.
15.20.300 Prohibited construction.
15.20.400 Severability.
15.30 CONNECTION CHARGES
15.30.010 Application of connection charges.
15.30.020 Timing and procedures for determination of connection charge.
15.30.030 Determination of the amount of the connection charge.
15.30.040 Use of monies raised through connection charges.
15.30.050 Failure to pay connection charge.
Chapter 15.04
PROCEDURES FOR
LOCAL IMPROVEMENTS AND
SPECIAL ASSESSMENTS
Sections:
15.04.010 Initiating improvements.
15.04.020 Engineer’s report.
15.04.030 Financial investigation report.
15.04.040 Action on Engineer’s report and financial investigation report.
15.04.050 Emergencies.
15.04.060 Resolution and notice of hearing.
15.04.070 Manner of doing work.
15.04.080 Hearing.
15.04.090 Call for bids.
15.04.100 Assessment method and alternative methods of financing.
15.04.110 Assessment ordinance.
15.04.120 Notice of assessment.
15.04.130 Lien record and foreclosure proceedings.
15.04.140 Error in assessment calculation.
15.04.150 Supplemental assessments.
15.04.160 Rebates.
15.04.170 Remedies.
15.04.180 Abandonment of proceedings.
15.04.190 Curative provisions.
15.04.200 Reassessment.
15.04.010 Initiating improvements.
(1) When the Council considers it necessary to require that improvements to a street, sewer, water line, traffic signal, sidewalk, parking, curbing, drain, or other local improvement defined in ORS 223.387 be paid for in whole or in part by special assessment according to benefits conferred, the Council shall declare by resolution that it intends to make the improvement and direct the City Engineer to make a survey of the improvement and file a written report with the City Recorder and in accordance with Section 15.04.030 direct the Finance Department to prepare a financial investigation report; or
(2) When owners of 80 percent of the property that will benefit by improvements defined in subsection (1) request by written petition that the Council initiate an improvement, the Council shall declare by resolution that it intends to make the improvement and direct the City Engineer to make a survey of the improvement and file a written report with the City Recorder and in accordance with Section 15.04.030 direct the Finance Director to prepare a financial investigation report. (Ord. 4700 § 1, 1985; Ord. 4652 § 1, 1984).
15.04.020 Engineer’s report.
Unless the Council directs otherwise, the Engineer’s report shall contain the following:
(1) A map or plat showing the general nature, location, and extent of the proposed improvement and the land to be assessed for payment of the cost.
(2) An estimate of the probable cost of the improvement, including engineering, legal, and administrative costs.
(3) An estimate of the unit cost of the improvement to the benefited properties per square foot, per front foot, or another unit of cost.
(4) A recommendation concerning the method of assessment to be used to arrive at a fair apportionment of the whole or a portion of the cost of the improvement to benefited properties.
(5) A description of each lot, parcel of land, or portion of land to be benefited with names of the record owners and, when readily available, names of contract purchasers as shown on books and records of the Linn or Benton County Tax Departments. To describe each lot or parcel of land under provisions of this section, it shall be sufficient to use the tax account number or the map and tax lot numbers assigned to the property by the Tax Department of Linn or Benton County. (Ord. 4652 § 1, 1984).
15.04.030 Financial investigation report.
Where Bancroft bonding is proposed as a means of project financing, in whole or in part, and unless the Council directs otherwise, the Finance Director will prepare a financial investigation report. The report will contain the following:
(1) Assessed valuation of land;
(2) Number of vacant lots or description of unused lands in area affected;
(3) Number of similar lots held by the City through foreclosure;
(4) Delinquency rate of assessments and taxes in the area;
(5) Real estate value trends in the area;
(6) Tax levy trends and potential financial impact on improvement district;
(7) Conformance of the project to the City’s Comprehensive Plan;
(8) Attitude of property owners toward the project;
(9) Status of municipal debt;
(10) Cost of financing;
(11) Creditworthiness of petitioners. (Ord. 4652 § 1, 1984).
15.04.040 Action on Engineer’s report and financial investigation report.
After the Engineer’s report and financial investigation report are filed with the City Recorder, the Council may by resolution approve the reports, modify the reports and approve them as modified, require the Public Works Director or Finance Director to supply additional or different information for the improvement, or abandon the improvement. (Ord. 4652 § 1, 1984).
15.04.050 Emergencies.
In the event the Council declares by unanimous vote that an emergency exists and that an improvement is essential to the welfare of the City, the procedure described in Sections 15.04.010 to 15.04.030 shall be followed, except that the Council may then declare its intention to initiate the improvement at any time and the Engineer’s report shall be completed and construction work shall commence as soon as is reasonably possible. (Ord. 4652 § 1, 1984).
15.04.060 Resolution and notice of hearing.
After the Council has approved the Engineer’s report and financial investigation report as submitted or as modified, the Council shall declare by resolution that it intends to make the improvement. The City Recorder shall forthwith give notice of the proposed improvement by posting the notice in the City Hall and by sending a copy of the notice by certified mail, addressed to the last known address of the person currently assessed for the properties to be benefited as shown by the records of the Linn or Benton County Assessor, that a hearing will be held to hear objections, if any, to the proposed improvement.
The notice must be mailed and posted at least 10 days prior to the hearing date.
The notice shall contain the following information and such other information that may be necessary to explain the improvement and the procedure:
(1) A brief description of the project;
(2) The intent to improve;
(3) Estimated total cost and unit cost of the improvement;
(4) Date, time, and place of the hearing;
(5) Right to present objections or support to the project at the hearing. (Ord. 4652 § 1, 1984).
15.04.070 Manner of doing work.
The Council may provide in the improvement resolution that the construction work may be done in whole or in part by the City, by contract, by another governmental agency, or by a combination thereof. (Ord. 4652 § 1, 1984).
15.04.080 Hearing.
If remonstrances are less than the amount required to suspend the proposed improvement, the Council may by motion at the time of the hearing or within 120 days thereafter order the improvement carried out in accordance with the resolution. (Ord. 4652 § 1, 1984).
15.04.090 Call for bids.
The Council may direct the Public Works Director to prepare plans, specifications and then advertise for bids for construction of all or part of the improvement project. If part of the improvement work is to be done under contract bids, the Council shall proceed in accordance with procedures of state law for public contracting. (Ord. 4652 § 1, 1984).
15.04.100 Assessment method and alternative methods of financing.
(1) The Council, in adopting a method of assessing the cost of the improvement, may:
(a) Use any just and reasonable method to determine the extent of an improvement district consistent with the benefits derived.
(b) Use any just and reasonable method to apportion the sum to be assessed among the benefited properties.
(c) Authorize payment by the City of all or part of the cost of an improvement when in the opinion of the Council the topographical or physical conditions, unusual or excessive public travel, or another character of the work warrants only partial payment or no payment of the cost by owners of benefited properties.
(2) If some lots in a subdivision are of questionable marketability, the City may require security from the owner prior to award of bids or project construction. Such security may be, but is not limited to, a bond or deposit of collateral.
(3) The Council may elect to provide Bancroft bonding to all or any part of the improvement project. The balance of the project not Bancrofted must be secured to the City in a form acceptable to the City Finance Director prior to award of bids or project construction.
(4) Nothing contained in this section shall preclude the Council from using other means of financing improvements, including federal and state grants-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or other legal means of financing. If other means of financing are used, the Council may levy special assessments according to benefits derived to cover any remaining cost. (Ord. 4652 § 1, 1984).
15.04.110 Assessment ordinance.
(1) After the work is done and the cost has been actually determined, the Council shall decide whether the benefited property shall bear all or a portion of the cost. The City Recorder or other persons designated by the Council shall prepare the proposed assessment for each lot within the assessment district and file the assessments in the City Recorder’s office.
(2) Notice of the proposed assessment shall be mailed to the owner of each lot proposed to be assessed at the address shown on the Linn or Benton County Tax Assessor’s roll. The notice shall state the amount of assessment proposed on the property and fix a date for a public hearing.
(3) At the hearing, the Council shall:
(a) Consider objections and may adopt, correct, modify, or revise the assessment against each lot in the district according to special and peculiar benefits accruing to it from the improvement.
(b) By ordinance, allocate the assessment in the manner deemed by the Council to be most equitable. (Ord. 4652 § 1, 1984).
15.04.120 Notice of assessment.
(1) Within 10 days after the ordinance levying assessments has been passed, the City Recorder shall send a notice of assessment to each owner of assessed property by registered or certified mail.
(2) The notice of assessment shall include the name of the property owner, a description of the assessed property, the amount of the assessment, and the effective date of the assessment ordinance, and shall state that interest will begin to run on the assessment and the property will be subject to foreclosure unless the owner either makes application within 10 days to pay the assessment in 20 equal installments or pays the assessment in full within 30 days after the effective date of the assessment ordinance. (Ord. 4652 § 1, 1984).
15.04.130 Lien record and foreclosure proceedings.
(1) After the assessment ordinance is adopted, the City Recorder shall enter into the docket of liens a statement of the amount assessed on each lot, parcel of land or portion of land, a description of the improvement, names of property owners, and the effective date of the assessment ordinance. On entry into the lien docket the amounts shall become liens and charges on the lots, parcels of land or portions of land that have been assessed for improvement.
(2) Assessment liens of the City shall be superior and prior to all other liens or encumbrances on property insofar as state law permits.
(3) Thirty days after the date of the assessment ordinance, interest shall be charged at a rate to be determined by the Council, and the City may foreclose or enforce collection of assessment liens in the manner provided by state law.
(4) Assessment liens that have been Bancrofted in accordance with Oregon Bancroft Bonding Act and become one year delinquent are subject to foreclosure and penalty and interest charges, as prescribed in Oregon Revised Statutes.
(5) The City may enter a bid on property being offered at a foreclosure sale. The City bid shall be prior to all bids except those made by persons who would be entitled under state law to redeem the property. (Ord. 4652 § 1, 1984).
15.04.140 Error in assessment calculation.
Claimed errors in the calculation of assessments shall be called to the attention of the City Recorder, who shall determine whether there has been an error. If there has been an error, the recorder shall recommend to the Council an amendment to the assessment ordinance to correct the error. On enactment of the amendment, the recorder shall make the necessary correction in the docket of liens and send a corrected notice of assessment by registered or certified mail. (Ord. 4652 § 1, 1984).
15.04.150 Supplemental assessments.
If an assessment is made before the total cost of the improvement is determined, and if the amount of the assessment is insufficient to defray expenses of the improvement, the Council may declare the insufficiency by motion and prepare a proposed supplemental assessment. The Council shall set a time for hearing objections to the supplemental assessment and direct the City Recorder to provide notice as required in Section 15.04.060. After the hearing, the Council shall make a just and equitable supplemental assessment by ordinance, which shall be entered in the docket of liens as provided by Section 15.04.130. Notice of the supplemental assessment shall be mailed, and collection of the assessment shall be made in accordance with Sections 15.04.130 and 15.04.150. (Ord. 4652 § 1, 1984).
15.04.160 Rebates.
On completion of the improvement project, if the assessment previously levied on any property is found to be more than sufficient to pay the cost of the improvement, the Council shall determine the excess and declare it by ordinance. When declared, the excess amounts must be entered in the lien docket as a credit on the appropriate assessment. If an assessment has been paid, the person who paid or that person’s legal representative shall be entitled to payment of the rebate credit. (Ord. 4652 § 1, 1984).
15.04.170 Remedies.
Subject to curative provisions of Section 15.04.190 and rights of the City to reassess as provided in Section 15.04.200, proceedings for writs of review and other appropriate equitable or legal relief may be filed as provided by state law. (Ord. 4652 § 1, 1984).
15.04.180 Abandonment of proceedings.
The Council may abandon proceedings for improvements made under Sections 15.04.010 to 15.04.210 at any time before final completion of the improvements. If liens have been placed on property under this procedure, they shall be canceled, and payments made on assessments shall be refunded to the person who paid them or to that person’s legal representative. (Ord. 4652 § 1, 1984).
15.04.190 Curative provisions.
(1) An improvement assessment shall not be rendered invalid by reason of:
(a) Failure of the Engineer’s report to contain all information required by Section 15.04.030.
(b) Failure to have all the required information in the improvement resolution, assessment ordinance, lien docket, or notices required to be published and mailed.
(c) Failure to list the name of or mail notice to an owner of property as required by this chapter.
(d) Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining.
(2) The Council shall have authority to remedy and correct all matters by suitable action and proceedings. (Ord. 4652 § 1, 1984).
15.04.200 Reassessment.
When an assessment, supplemental assessment, or reassessment for an improvement made by the City has been set aside, annulled, declared, or rendered void, or its enforcement restrained by a court of this state or by a federal court having jurisdiction, or when the Council doubts the validity of the assessment, supplemental assessment, reassessment, or any part of it, the Council may make a reassessment in the manner provided by state law. (Ord. 4652 § 1, 1984).
Chapter 15.06
PRIVATE CONSTRUCTION OF
PUBLIC IMPROVEMENTS
Sections:
15.06.010 Definitions.
15.06.020 Permit required.
15.06.030 Approval of drawings and specifications required.
15.06.040 Drawing review application and fee.
15.06.050 Drawing submittal and public improvement standards.
15.06.060 Permit issuance.
15.06.070 Permit duration.
15.06.080 Permit fee.
15.06.090 Performance and payment guarantee.
15.06.100 Warranty guarantee.
15.06.110 Preconstruction conference.
15.06.120 Notice before beginning work.
15.06.130 Working hours and overtime costs.
15.06.140 Construction in accordance with permit conditions.
15.06.150 Testing.
15.06.160 Suspension of permit – Stop work order.
15.06.170 Penalties.
15.06.180 City acceptance of the public improvement.
15.06.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
(1) “Acceptance” means written acknowledgment by the City of Albany that the public improvement has been completed in accordance with the drawings, specifications, and permit conditions, as approved; that the City of Albany has received and approved record drawings and warranty guarantee; and that all required right-of-way and easements have been approved and dedicated. The date of acceptance is the initial day of the warranty period.
(2) “City” means the City of Albany, Oregon.
(3) “City Engineer” means the City Engineer of the City of Albany.
(4) “Private engineer” means a professional engineer (or engineering firm), registered by the State of Oregon, who designs the public improvement for City approval.
(5) “Public improvement” means a facility to be privately constructed, to be owned by the City of Albany, and to be located within public right-of-way or easement, more specifically including but not limited to the following:
Water mains, valves, fittings, fire hydrants, etc.;
Water service lines (upstream from the water meter), water meters, and appurtenant valves, fittings, etc.;
Water reservoirs;
Sanitary sewer mains, manholes, and sewer service laterals;
Pumping stations or pumping facilities;
Streets, roadways, and alleys;
Bikeways, and bridges; and
Drainage piping, inlets, manholes, and detention facilities.
(6) “Owner/developer” means the person or entity in which record title to the property proposed for development is held or the duly authorized agent therefor, and shall be the applicant for review of the construction drawing and specifications, and shall be the applicant for the permit to construct public facilities.
(7) “Contractor” means a person or entity licensed, bonded and insured in accordance with state and local requirements to install or perform work on public municipal facilities in Oregon, who has been retained by the owner to construct the public improvements as shown on the approved plans and specifications.
Facilities constructed under public contract with the City of Albany are not public improvements for the purposes of this chapter. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.020 Permit required.
Excepting persons under contract with the City of Albany or employees of the City performing work for the City, no person shall begin to construct or otherwise perform any work on a public improvement, as defined herein, without obtaining a permit to construct public facilities, and complying with the provisions of this chapter and all permit conditions. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.030 Approval of drawings and specifications required.
Construction drawings and specifications for public improvements shall be submitted to the City for drawing review and approval. Written approval, on the drawings, of the City Engineer or his/her designated representative is required prior to issuance of the permit.
(1) Drawings and specifications submitted for approval shall be subject to the standards, specifications, policies and procedures, and drawing review fees of the City in effect at the time of application or reapplication for drawing review. Additionally, said drawings shall be consistent with the City’s facility plan for the type of facility being constructed.
(2) Unless specifically waived in writing by the City Engineer, all drawings and specifications must be stamped by a registered professional engineer who has possession of a set of the City of Albany Standard Construction Specifications.
(3) Drawing and specification approval shall be void upon expiration of one year from the date of written approval. Drawing approval extensions may be granted by the City for a maximum of two extensions of one year (or portions thereof) each upon the finding by the City Engineer that the facts upon which the approval was based have not changed to an extent sufficient to require resubmittal of drawings for review.
(4) Only those drawings marked with the written approval of the City Engineer are valid for the purposes and requirements of this chapter. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.040 Drawing review application and fee.
An application for drawing review is required and shall be accompanied by a drawing review fee. The application shall include an itemized construction estimate and such other information as may be required by the City Engineer. The fee for drawing review shall be as established by the Albany City Council by resolution. The construction estimate shall meet the approval of the City Engineer or his/her authorized representative. Unapproved drawings returned to the private engineer may be resubmitted a maximum of two additional times before a second (new) drawing review fee is charged. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.050 Drawing submittal and public improvement standards.
The City Engineer is authorized to develop application procedures for the submittal of drawings and specifications for approval, and standards for the form and content of drawings and specifications. The City Engineer is additionally authorized to develop design standards, construction standards, and testing procedures for proposed public improvements. In the case where drawings are submitted for public improvements for which no standards have been developed, the submittal and design shall meet the approval of the City Engineer. In making such approval, the City Engineer shall consider the future operation and maintenance of the facility, and sound engineering principles and practice. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.060 Permit issuance.
Issuance of a permit to construct public facilities shall be subject to all of the following:
(1) Approval of the plans and specifications as specified in this chapter.
(2) Payment of a permit fee as established in Section 15.06.080 herein.
(3) Submittal of evidence of public liability and property damage insurance in the amounts listed in the City of Albany Standard Construction Specifications. This insurance shall cover the contractor, all subcontractors, and the City of Albany and its employees.
(4) Dedication of all needed rights-of-way and easements, as determined by the City Engineer. The City may delay acceptance and recording of the dedications until the construction is completed.
(5) Submittal of a signed contract with a private engineer to provide construction (including survey and staking where appropriate) and inspection services on the project, and to provide reproducible record drawings (as-builts) of the completed improvements.
(6) Submittal of a performance and payment guarantee as specified in Section 15.06.090.
(7) Submittal of a warranty guarantee as specified in Section 15.06.100.
(8) Submittal of evidence that all contractors are licensed by the State of Oregon.
(9) Submittal of evidence that the contractor has purchased a set of the City of Albany Standard Construction Specifications.
(10) Compliance with the City of Albany Standard Construction Specifications, except as specifically amended by the conditions of permit issuance or this chapter.
(11) The applicant’s signature on the permit form constituting acknowledgment of and agreement to abide by all conditions of permit approval.
(12) The requirement that the permittee maintain an approved permit, including drawings, on the construction site for the entire period of construction.
The applicant is responsible for providing or otherwise complying with all items listed in this section. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.070 Permit duration.
An issued permit is valid for one year. A permit extension may be granted by the City for a maximum of two extensions of one year (or portions thereof), upon the submittal of documentation by the permittee and finding by the City Engineer that the conditions beyond the control of the permittee have created a condition whereby the work could not be completed within the time frame of permit validity and that the facts upon which the permit issuance was based have not changed to an extent sufficient to require resubmittal of permit application. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.080 Permit fee.
Permit fees shall be charged to offset City costs. The fees for water and sewer projects shall be credited to the City’s water and sewer enterprise funds respectively. Fees for other projects shall be credited to the general fund.
(1) The permit fee, exclusive of the drawing review fee, shall be established by resolution of the Albany City Council.
(2) The itemized estimated construction cost used to calculate the permit fee shall be developed by the private engineer based upon the approved plans. The itemized estimated construction cost shall be comparable with current bid prices for City contract projects and must meet the approval of the City Engineer.
(3) For storm drain and sanitary sewer lines an additional cost as set by City Council resolution shall also be charged to cover the City’s cost of television inspection of the line. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.090 Performance and payment guarantee.
A performance and payment guarantee in the amount of 100 percent of the approved estimated cost of construction shall be provided. The performance and payment guarantee shall ensure completion of the work in conformance with the approved drawings and specifications and payment of all bills and liabilities for work and materials, including the preparation of record drawings. The performance and payment guarantee shall be one of the following:
(1) A performance and payment bond referencing the approved drawings, specifications and permit requirements; or
(2) Written evidence in a form and of a content approved in writing by the City Attorney guaranteeing completion of the work to the City in conformance with the approved drawings, specifications, and other permit provisions, and payment of all billings and liabilities for work and materials, including the preparation of record drawings. The period of validity of the guarantee shall be for the duration of construction until written acceptance of the public improvement by the City. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.100 Warranty guarantee.
The owner/developer and contractor shall stipulate, on a form provided by the City, that 100 percent of the work performed in relation to the project shall be warranted and that a warranty guarantee shall be provided during the one-year warranty period as defined in the City of Albany Standard Construction Specifications. The warranty guarantee shall insure prompt corrective work on all or any part of the public facility which requires repair, reconstruction, or replacement (at the option of the City), or which does not continue to meet the requirements of the City of Albany Standard Construction Specifications during the one-year warranty period. The one-year warranty period shall begin at the time of written acceptance of the public facility by the City and shall continue for an additional year following City acceptance of any warranty repair. The warranty guarantee for the 100 percent warranty shall reference the approved plans, specifications, and permit requirements, and the warranty period beginning at the time of written acceptance by the City. The warranty guarantee shall be one of the following:
(1) A 100 percent warranty guarantee incorporated with the payment and performance guarantee.
(2) A warranty maintenance bond in the amount of 10 percent of the approved estimated cost of construction, or the actual final construction cost if it exceeds the original estimated amount.
(3) Written evidence in a form and of a content approved in writing by the City Attorney guaranteeing repair, reconstruction, or replacement of all or any part of the public facilities (at the option of the City) during the warranty period beginning at the time of written acceptance of the public facility by the City and providing monetary assurance therefor.
If at any time the provided warranty guarantee is insufficient to cover the required warranty work, the City will be entitled to the necessary additional funds from the owner/developer 30 days following written demand. If the additional funds are not received by the City within 30 calendar days of written request, the City may file an action at law for the collection of the additional amounts plus all attorney fees and legal costs. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.110 Preconstruction conference.
Prior to construction, the permittee shall conduct a preconstruction conference to discuss the schedule, coordination, and specifics of the project. The private engineer and the contractor shall attend the preconstruction conference. In addition, representatives of the City and affected utilities shall be given an opportunity to attend. The requirement for a preconstruction conference may be waived in writing by the City Engineer. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.120 Notice before beginning work.
Written notice of at least two full working days, exclusive of weekends, after the preconstruction conference shall be given to the City by the permittee of the time that work is to begin. In the event of a temporary cessation of work activities, two full working days notice shall be given again before the resumption of any additional work. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.130 Working hours and overtime costs.
Except as approved by the City in writing, construction activities shall be limited to the daytime, 7:00 a.m. to 6:00 p.m., Monday through Friday. If it is necessary to perform construction work on Saturdays, Sundays, City holidays, or outside the eight-hour regular working day, City approval is required a minimum of two full working days, exclusive of weekends, prior to such work. Any costs, including inspection overtime and benefit costs, incurred by the City due to such work shall be fully paid to the City prior to acceptance of the work. Said costs are in addition to any other permit or inspection fees specified in this chapter. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.140 Construction in accordance with permit conditions.
All construction of public facilities shall be performed in accordance with the approved plans, specifications, and other requirements and conditions of a permit to construct public facilities. Any deviations shall require written approval of the City Engineer or his/her authorized representative. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.150 Testing.
Certification and testing of products, materials, compaction, and work shall be preformed in accordance with the procedures and standards referenced in Section 15.06.050 of this chapter, and the City of Albany Standard Construction Specifications. All costs for testing and certification, including compaction testing, shall be the responsibility of the permittee. These costs are not included in any permit or inspection fees listed elsewhere in this chapter. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.160 Suspension of permit – Stop work order.
(1) At any time after the issuance of a permit required by this chapter, the City Engineer may suspend the same upon a finding that any of the following grounds exist:
(a) False, misleading, or erroneous data or information submitted in connection with securing the permit; or
(b) Materials, workmanship, installation, work, or conditions which do not meet the requirements of the approved plans, specifications, permit requirements and conditions; or
(c) Any contractor performing or proposed to perform work is not licensed by the State of Oregon; or
(d) Violation of any of the provisions of this code governing the work being done under the permit.
(2) Upon suspension of a permit as provided in subsection (1) of this section, the City Engineer shall cause to be issued a written “stop work order”, one copy of which shall be sent by regular mail to the permittee at the address shown on the permit application, one copy of which shall be sent by regular mail to the permittee’s engineer overseeing the work, and one copy of which shall be delivered to the contractor (or the contractor’s employee).
(3) It shall be unlawful for any person to cause, suffer, or permit any work to be done for which a permit is required by this chapter when a “stop work order” has been issued as provided in subsection (2) of this section, or when a permit has expired, or prior to permit issuance. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.170 Penalties.
In addition to the penalties for an infraction as set forth within Section 1.04.010(1)(b)(i) of the Albany Municipal Code, permittees, private engineers, and contractors who violate the permit conditions or the provisions of this chapter may be denied future permits or prohibited from designing or constructing future public improvements within the City. Said denial or prohibition shall be made in writing by the City Engineer, and shall remain in effect for one year. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
15.06.180 City acceptance of the public improvement.
Once completed in accordance with the approved plans, specifications, and permit requirements and conditions, the City shall accept the public improvement provided:
(1) The City has received and approved reproducible record drawings referenced in Section 15.06.060(5); and
(2) All required rights-of-way and easements have been approved and dedicated; and
(3) The warranty guarantee specified in Section 15.06.100 of this chapter is provided and approved; and
(4) The City is paid for any costs due to overtime, weekend, or holiday inspection.
Acceptance of public improvements shall be made in writing by the City Engineer. (Ord. 5044 § 1, 1993; Ord. 4924 § 1, 1990).
Sections:
15.08.010 Districts authorized.
15.08.020 Definitions.
15.08.030 Assessments authorized.
15.08.040 Procedure.
15.08.050 Advisory committee.
15.08.060 Additional assessments.
15.08.010 Districts authorized.
(1) The Council may enact an ordinance making assessments for the cost of an economic improvement upon the lots which are specially benefited by all or part of the improvement.
(2) In any ordinance adopted under subsection (1) of this section, the City shall not be authorized to:
(a) Levy assessments in an economic improvement district in any year that exceed one percent of the true cash value of all the real property located within the district.
(b) Include within an economic improvement district any area of the City that is not zoned for commercial or industrial use.
(c) Levy assessments on residential real property or any portion of a structure used for residential purposes. (Ord. 4700 § 2, 1985).
15.08.020 Definitions.
As used in this chapter unless the context requires otherwise:
(1) “Council” means the City Council of the City of Albany.
(2) “Economic improvement” means:
(a) Planning or management of development or improvement activities.
(b) Landscaping or other maintenance of public areas.
(c) Promotion of commercial activity or public events.
(d) Activities in support of business recruitment and development.
(e) Improvements in parking systems or parking enforcement.
(f) Any other economic improvement activity which an assessment may be made on property specially benefited thereby.
(3) “Lot” means lot, block or parcel of land.
(4) “Owner” has the meaning given that term in ORS 223.387.
(5) “Recorder” has the meaning given that term in ORS 223.387. (Ord. 4700 § 2, 1985).
15.08.030 Assessments authorized.
The assessment ordinance authorized by Section 15.08.010 shall:
(1) Describe the economic improvement project to be undertaken or constructed.
(2) Contain a preliminary estimate of the probable cost of the economic improvement and the proposed formula for apportioning cost to specially benefited property.
(3) Describe the boundaries of the district in which property will be assessed.
(4) Specify the number of years, to a maximum of three, in which assessments will be levied. (Ord. 4700 § 2, 1985).
15.08.040 Procedure.
When the Council proposes to adopt an assessment ordinance providing for economic improvement activity to be assessed against property specially benefited, it shall:
(1) Provide for notices to be mailed or delivered personally to affected property owners which announce the intention of the Council to construct or undertake the economic improvement project and to assess benefited property for a part or all of the cost. The notice shall state the time and place of the public hearing required under subsection (2) of this section.
(2) Provide for a public hearing not sooner than 30 days after the mailing or delivery of notices to affected property owners at which the owners may appear to support or object to the proposed improvement and assessment.
(3) Provide that if after the hearing the Council determines that the economic improvement shall be made, the Council shall determine whether the property benefited shall bear all or a portion of the cost and shall determine, based upon the actual or estimated cost of the economic improvement, the amount of assessment on each lot in the district.
(4) Require the City Recorder or other person designated by the Council to prepare the proposed assessment for each lot in the district and file it in the appropriate City office.
(5) Require notice of such proposed assessment to be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice. The notice shall state the time and place of a public hearing at which affected property owners may appear to support or object to the proposed assessment. The hearing shall be held not sooner than 30 days after the mailing or personal delivery of the notices.
(6) Provide that the Council shall consider such objections and may adopt, correct, modify or revise the proposed assessments.
(7) Provide that the assessments will not be made and the economic improvement project terminated when written objections are received at the public hearing from owners of property upon which more than 33 percent of the total amount of the assessments are levied. (Ord. 4700 § 2, 1985).
15.08.050 Advisory committee.
The assessment ordinance authorized under Section 15.08.010 may require establishment of an advisory committee for each economic improvement district to allocate expenditure of monies for economic improvement activities within the scope of this chapter. If an advisory committee is created, the Council shall strongly consider appointment of owners of property within the economic improvement district to the committee. The committee may be an existing association of property owners or tenants. An advisory committee may enter into an agreement with the City to provide the proposed economic improvement. (Ord. 4700 § 2, 1985).
15.08.060 Additional assessments.
If the Council considers it necessary to levy assessments on property in an economic improvement district for longer than the period of time specified in the assessment ordinance that created the district, the Council shall enact an ordinance that provides for continued assessments for a specified number of years and grants to property owners in the district the notice of right of remonstrance described in subsections (5) to (7) of Section 15.08.040. (Ord. 4700 § 2, 1985).
Chapter 15.12
LIENS
Sections:
15.12.010 Notice.
15.12.020 Copy of lien form.
15.12.030 Validity.
15.12.010 Notice.
Within 10 days following the approval by the City Council of a project for a public improvement, the cost of which shall be levied and assessed against benefited properties, the City Recorder shall give notice of intention to levy assessment on an established lien against the benefited property. Said notice shall be in substantially the following form:
NOTICE OF INTENTION TO LEVY ASSESSMENT AND ESTABLISH LIEN
KNOW ALL MEN by these presents that the City of Albany, a municipal corporation of the State of Oregon does hereby give official notice to all persons owning or having any interest in the real property hereinafter described of its intention to levy an assessment upon each parcel of said real property for a public improvement and does represent as follows:
WHEREAS, the City has initiated in accordance with the laws of the State of Oregon and the Charter of the City of Albany proceedings to construct public improvements as follows:
WHEREAS, the City intends to levy an assessment against benefited properties for the cost of said improvements to the persons, properties and persons owning or having an interest in the real properties hereinafter described.
NOW, THEREFORE,
THE CITY OF ALBANY DOES HEREBY GIVE OFFICIAL NOTICE to the owners of and to all existing or future mortgagees, trustees, beneficiaries of trustees and all future lien holders that the City of Albany will levy an assessment upon and will collect the costs for the above described public works against the real properties specifically benefited thereby in accordance with the laws of the State of Oregon and the Charter of the City of Albany and said present owners and the real properties liable therefor are as shown on the attached list.
THIS NOTICE IS GIVEN PURSUANT to Ordinance No. ___ of the City of Albany, approved by the City Council on _______ and approved by the Mayor on _______.
________________________
City Recorder
STATE OF OREGON )
) ss
County of Linn )
On this ___ day of _______, 19____, before me appeared ______________ to me personally known, who being duly sworn, did say that he, the said ______________ is the Recorder of the within named corporation, and that the said instrument was signed and sealed in behalf of said corporation by authority of an Ordinance passed by the City Council and said ___________ acknowledged said instrument to be the free act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this the day and year first in this, my certificate written.
________________________
Notary Public for Oregon
My Commission expires: _______.
(Ord. 3558 § 1, 1971).
15.12.020 Copy of lien form.
A copy of the “Notice of Intention to Levy Assessment and Establish Lien” shall be filed by the City Recorder with the clerk of the county in which the real property as to be assessed is located.
(Ord. 3558 § 2, 1971).
15.12.030 Validity.
Failure by the City Recorder to give notice as herein provided shall not affect the validity of any assessment or of any project initiated for public improvement by the City Council. (Ord. 3558 § 3, 1971).
Chapter 15.16
SYSTEMS DEVELOPMENT CHARGE
Sections:
15.16.010 Findings.
15.16.020 Definitions.
15.16.030 Purpose.
15.16.040 Scope.
15.16.050 Systems development charge established.
15.16.060 Compliance with state law.
15.16.070 Collection of charge.
15.16.080 Exemptions.
15.16.090 Credits.
15.16.100 Appeal procedures.
15.16.200 Prohibited connection.
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 are 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, and transportation services.
(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. 5157, 1994; Ord. 4966 § 1, 1991).
15.16.020 Definitions.
As used in this chapter, except where the context otherwise requires, the words and phrases have the following meaning:
(1) “Capital improvement(s)” means facilities or assets used for any of the following:
(a) Water supply, storage, treatment and distribution; or
(b) Sanitary sewers, including collection, transmission, treatment and disposal; or
(c) Transportation, including streets, sidewalks, bikeways, traffic signals and signage, and street drainage collection systems.
(2) “Development” means the act of making a manmade change to improved or unimproved real estate (e.g. constructing a building or conducting a mining operation) or making a physical change in the use or appearance of a structure or land which increases the usage of any capital improvements or which creates the need for additional capital improvements.
(3) “Improvement fee” means a fee for costs associated with capital improvements to be constructed after the date the ordinance codified in this chapter becomes effective.
(4) “Qualified public improvements” means a capital improvement that is required as a condition of development approval, identified in the plan adopted pursuant to AMC 15.16.060(2) and either:
(a) Not located on or contiguous to property that is the subject of development approval (as used in this definition, “contiguous” means in a public way which abuts); or
(b) 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.
(5) “Reimbursement fee” means a fee for costs associated with capital improvements constructed or under construction on the effective date of this chapter.
(6) “Systems development charge” means a reimbursement fee, an improvement fee, or a combination thereof, assessed or collected at any of the times specified in AMC 15.16.070. It shall also include that portion of a water or sanitary sewer connection charge that is greater than the amount necessary to reimburse the City for its average cost of inspecting and installing connections with the water system or the sanitary sewer system. “Systems development charge” does not include:
(a) Any fees assessed or collected as part of a local improvement district;
(b) A charge in lieu of a local improvement district assessment; or
(c) The cost of complying with requirements or conditions imposed upon a land use decision. (Ord. 5157, 1994; Ord. 4966 § 2, 1991).
15.16.030 Purpose.
The purpose of the systems development charge is to impose a portion of the public cost of capital improvements upon those developments that create the need for, or increase, the demands on capital improvements. (Ord. 5157, 1994; Ord. 4966 § 3, 1991).
15.16.040 Scope.
The systems development charge imposed by this chapter is separate from and in addition to any applicable tax, assessment, charge, fee, in-lieu-of assessment, or fee otherwise provided by law or imposed as a condition of development. A systems development charge is to be considered in the nature of a charge for service to be rendered or a service hookup charge. (Ord. 5157, 1994; Ord. 4966 § 4, 1991).
15.16.050 Systems development charge established.
(1) Unless otherwise exempted by the provisions of this chapter or other local or state law, a systems development charge is hereby imposed upon all new development within the City, and all new development outside the boundary of the City that connects to or otherwise uses the water system or sanitary sewer system of the City.
(2) A systems development charge is also imposed upon all new development within the City, and all new development outside the boundary of the City that expands its usage of the water or sanitary sewer systems because of intensification of the existing development.
(3) Unless otherwise exempted by the provisions of this chapter or other local or state law, a systems development charge is also imposed upon all new development within the City that expands its usage of the transportation system or generates additional traffic because of new development or intensification of the existing development.
(4) When the Council determines to establish a systems development charge for any capital improvement it shall do so by Council resolution.
(5) Because the systems development charge and supporting calculations, including the credits established herein, are closely related to the cost of construction of the capital improvements for each of the systems, the systems development charge and calculations for each system shall be automatically adjusted on the first day of July of each calendar year. The City Engineer shall make the adjustment based upon the Seattle Construction Cost Index published by Engineering News Record (ENR) by calculating the percentage increase/decrease in the index for the period since the last adjustment and then applying that percentage to the figures used to calculate the systems development charge and any credits. (Ord. 5306, 1997; Ord. 5157, 1994; Ord. 4966 § 5, 1991).
15.16.060 Compliance with state law.
(1) The revenues received from the water system development charge shall be deposited to the water improvement fee and/or water reimbursement fee funds. The revenues from the sewer system development charge shall be deposited to the sewer improvement fee and/or reimbursement fee funds. The revenues from the transportation system development charge shall be deposited to the transportation improvement fee and/or reimbursement fee funds. These funds shall be budgeted and expended as provided by state law. The accounting of such revenues and expenditures required by state law shall be included in the City’s annual financial audit required by ORS Chapter 294.
(2) The capital improvement plan(s) required by state law as the basis for expending revenues from the improvement fees portion of the systems development charge shall be the Albany/Millersburg Water System Plan by Brown and Caldwell, Consulting Engineers (1988), the Wastewater Facility Plan and the associated SDC-I Eligible Wastewater Collection and Treatment Projects List prepared by CH2M Hill (1998), and the Albany Transportation System Plan and the 20-Year Transportation Plan SDC-Funded Capacity Improvement List prepared by Kimley-Horn and Associates (1997). (Ord. 5456, 2000; Ord. 5306, 1997; Ord. 5157, 1994; Ord. 4966 § 6, 1991).
15.16.070 Collection of charge.
(1) The water system development charge is payable upon issuance of a permit to connect to the water system. The sewer system development charge is payable upon issuance of a permit to connect to the sanitary sewer system. The transportation system development charge is payable upon issuance of a building permit for any new construction, including a building permit for a manufactured home park.
(2) If development is commenced or connection is made to the water system, sanitary sewer system, or transportation system without an appropriate permit, the systems development charge is immediately payable upon the earliest date that a permit was required.
(3) The Building Official or the official’s designee shall collect the systems development charge from the person responsible for or receiving the benefit of the development. The Building Official or the official’s designee shall not issue any permit or allow connection described in AMC 15.16.070 (1) until the charge has been paid in full or until provision for installment payments has been made within the limits prescribed in AMC 15.16.070(5).
(4) A systems development charge paid hereunder shall apply to the particular lot or tract for which it is issued. Any changes of use which require additional connections or intensification of use to the water, sanitary sewer, or transportation system shall cause an additional systems development charge to be paid. The owner of the property shall be given credit only for those systems development charges theretofore paid involving the same parcel of property. Where a structure which is serviced by capital improvements is destroyed by fire, flood, wind, or act of God, no systems development charge shall be imposed for a replacement of the structure, provided the use thereof is not intensified.
(5) The obligation to pay the unpaid systems development charge and interest thereon shall be secured. Acceptable security to insure payment includes: property, bond, deposits, letter of credit, or the obligor may request a lien be placed against the property to be developed. (Ord. 5334, 1998; Ord. 5157, 1994; Ord. 4966 § 7, 1991).
15.16.080 Exemptions.
All applications for a building permit that would intensify the use of the transportation network received prior to October 1, 1997, are exempt from the citywide transportation systems development charge imposed in AMC 15.16.050; provided, all fees and other City systems development charges and in-lieu-of fees (if applicable) have been paid, or the installment payment method has been applied for and approved prior to January 1, 1998. (Ord. 5315, 1997; Ord. 5306, 1997; Ord. 5157, 1994; Ord. 4966 § 8, 1991).
15.16.090 Credits.
(1) When development occurs that must pay a systems development charge under AMC 15.16.050, the systems development charge for the existing use shall be calculated and if it is less than the systems development charge for the proposed use, the difference between the systems development charge for the existing use and the systems development charge for the proposed use shall be the systems development charge required under AMC 15.16.050. If the change in use results in the systems development charge for the proposed use being less than the systems development charge for the existing use, no systems development charge shall be required; however, no refund or credit shall be given.
(2) A credit against the improvement fee portion of the systems development charge shall be given for the cost of a qualified public improvement associated with development.
(a) The credit provided for in this section shall be only for the improvement fee charged for the type of improvement being constructed, and credit for qualified public improvements under AMC 15.16.020(4)(b) may be granted only for the cost of that portion of such improvement that exceeds the government units minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under AMC 15.16.020(4)(b).
(b) When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project.
(c) Credits shall be used not later than 10 years from the date the credit is given.
(d) Credits shall be established using the method outlined in the transportation system development charge fee resolution or, in the case of water and sewer systems development charges, by Council policy, and shall be included in an agreement signed by the applicant and the City Engineer that states the amount of the credit and the effective date of the agreement.
(3) The Finance Director shall be responsible for all recording and accounting associated with the distribution of credits. (Ord. 5306, 1997; Ord. 5157, 1994; Ord. 4966 § 9, 1991).
15.16.100 Appeal procedures.
(1) The Finance Director will maintain a list of persons who have made a written request for notification prior to adoption or amendment of a methodology for any systems development charge. The Finance Director will mail written notice to persons on the list at least 45 days prior to the first hearing to adopt or amend a systems development charge, and the methodology supporting the adoption or amendment will be available 30 days prior to the first hearing to adopt or amend. The failure of a person on the list to receive a notice that was mailed will not invalidate the action of the City. The City may periodically delete names from the list, but, at least 30 days prior to removing a name from the list, will notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list.
(2) Parties challenging the methodology for establishing the systems development charge may appeal the methodology by filing a written appeal with the Finance Director within 60 days of passage of the ordinance codified in this chapter. Such appeals shall describe with particularity the portion of the methodology, calculations, or assumptions which are being asked for reconsideration. All appeal requests shall comply with subsection (6) of this section. A person shall contest the methodology used for calculating a systems development charge only as provided in ORS 34.010 to 34.100, and not otherwise.
(3) Parties aggrieved by the imposition of a systems development charge which has been calculated by the City Engineer or the City Engineer’s designee under AMC 15.16.050 through 15.16.090 or a party challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure by filing a written request with the City Public Works Director for consideration. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall comply with subsection (6) of this section.
(4) An appeal of an expenditure must be filed within two years of the date of alleged improper expenditure. Appeals of any other decision must be filed within 15 days of the date of the decision.
(5) An appeal fee, established by Council resolution, shall accompany all systems development charge appeal requests.
(6) The appeal shall state:
(a) The name and address of the appellant;
(b) If applicable, the address or tax lot of the property to which the charge is being applied;
(c) The nature of the determination being appealed;
(d) The reason the determination is incorrect; and
(e) What the correct determination of the appeal should be.
An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed.
(7) Unless the appellant and the City agree to a longer period, an appeal shall be heard within 60 days of the receipt of the notice of intent to appeal. At least seven days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant.
(8) The City Council shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the City Council deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.
(9) The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be.
(10) The City Council shall issue a written decision within 30 days after the hearing date and that decision shall be final. (Ord. 5306, 1997; Ord. 5157, 1994; Ord. 4966 § 10, 1991).
15.16.200 Prohibited connection.
No connections or intensification of use may be made to the sanitary sewer, water, or transportation system of the City unless the appropriate systems development charge has been paid or the installment payment method has been applied for and approved. (Ord. 5157, 1994; Ord. 4966 § 11, 1991).
Chapter 15.20
PARKS SYSTEM
DEVELOPMENT CHARGE
Sections:
15.20.010 Findings.
15.20.020 Definitions.
15.20.030 Purpose.
15.20.040 Scope.
15.20.050 Parks System development charge established.
15.20.060 Compliance with state law.
15.20.070 Collection of charge.
15.20.080 Exemptions.
15.20.090 Credits.
15.20.100 Appeal procedures.
15.20.200 Construction.
15.20.300 Prohibited construction.
15.20.400 Severability.
15.20.010 Findings.
(1) The Parks SDC established herein is intended to be a charge upon the act of residential development by whomever seeks the residential development. It is a fee for service because it is the residential development which requires essential municipal services based upon the nature of the residential development. The timing and the extent of the residential development is within the control and discretion of the developer.
(2) The Parks SDC imposed in 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. IIb, Art. XI of the Oregon Constitution or the legislation implementing that section.
(3) Even if the Parks SDC herein imposed is viewed under Sec. IIb, 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 residential 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 residential development occurs.
(c) State law and the ordinances of the City of Albany require the owner to provide certain basic utility services to the property when it is developed for human occupancy. The provision of these basic services are a routine obligation of the owner of the affected property and essential to the health and safety of the community.
(4) Among the basic services required of every property with a structure designed for human occupancy, except ancillary buildings, are parks, open space, recreation centers and trails.
(5) The Parks SDC imposed in this chapter is based upon the actual costs of providing existing or planned parks capital improvements and does not impose charges on persons not receiving a service and imposing a burden upon the City’s existing parks capital improvements. (Ord. 5084 § 1, 1993).
15.20.020 Definitions.
As used in this chapter, except where the context otherwise requires, the words and phrases have the following meaning:
(1) “Parks Capital Improvement(s)” means all existing City parks, trails, open space, and recreation centers which are used or designed for recreational purposes. “Parks Capital Improvements” also include real property acquired for ownership, access, or use in connection with the residential development, upgrading, or expansion of parks, trails, open space, or recreation centers.
(2) “Residential development” means a development, as that term is defined in Albany Municipal Code Section 22.010 for residential purposes which is expected to increase the usage of any parks capital improvement or which creates the need for additional parks capital improvements.
(3) “Improvement fee” means a fee for costs associated with parks capital improvements to be acquired or constructed after the date the ordinance adopting this chapter becomes effective.
(4) “Qualified public improvements” means a capital improvement that is:
(a) Required as a condition of residential development approval;
(b) Identified in the Master Plan adopted pursuant to subsection 15.20.060(2).
(5) “Parks System development charge (Parks SDC)” means an improvement fee assessed or collected at any of the times specified in AMC Section 15.20.070 hereof. “Parks SDC” does not include:
(a) Any fees assessed or collected as part of a local improvement district;
(b) A charge in lieu of a local improvement district assessment; or
(c) The cost of complying with requirements or conditions imposed upon a land use decision or limited land use decision.
(6) “Bedroom”, as defined in Albany Municipal Code Section 22.010, is a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom. (Ord. 5084 § 1, 1993).
15.20.030 Purpose.
The purpose of the Parks SDC is to impose a portion of the public cost of parks capital improvements upon those residential developments that create the need for, or increase the demands on parks capital improvements. (Ord. 5084 § 1, 1993).
15.20.040 Scope.
The Parks SDC imposed by this chapter is separate from and in addition to any applicable tax, assessment, charge, fee, in lieu of assessment, or fee otherwise provided by law or imposed as a condition of residential development. A Parks SDC is to be considered in the nature of a charge for service to be rendered. (Ord. 5084 § 1, 1993).
15.20.050 Parks System development charge established.
(1) Unless otherwise exempted by the provisions of this chapter or other local or state law, effective January 1, 1994, a Parks SDC is hereby imposed upon all new residential development within the corporate limits of the City of Albany.
(2) Immediately upon execution or modification of an intergovernmental agreement between the City of Albany and Linn County, which provides for the collection and distribution of this Parks SDC, said charge will also be imposed upon all new residential development within the unincorporated urban growth boundary of the City of Albany.
(3) The fee to be imposed by the Parks SDC shall be established and amended from time to time by City Council resolution. (Ord. 5084 § 1, 1993).
15.20.060 Compliance with state law.
(1) The revenues received from the Parks SDC shall be deposited in the newly created Parks Improvement Fee Activity. This activity shall be budgeted and expended as provided by state law. The accounting of such revenues and expenditures required by state law shall be included in the City’s annual financial audit required by ORS Chapter 294.
(2) The capital improvement plan required by state law as the basis for expending revenues from the improvement fees portion of the Parks SDC shall be the Albany Parks and Recreation Master Plan (1993). (Ord. 5084 § 1, 1993).
15.20.070 Collection of charge.
(1) The Parks SDC is due and payable upon issuance of a building permit for new on-site residential construction.
(2) The Parks SDC is due and payable upon issuance of the first manufactured home placement permit granted upon an individual building lot. A Parks SDC will not be charged on any replacement dwelling unit on the same lot unless called for by other sections of this chapter.
(3) In the case of a manufactured home park, 50 percent of the Parks SDC shall be due and payable for all spaces in the manufactured home park at the time land use approval is granted. In computing the 50 percent Parks SDC paid at the time of land use approval, each space within the manufactured home park shall be conclusively deemed occupied by a three bedroom, 1500 square foot home. The remaining balance of the Parks SDC shall be due and payable at the time the first placement permit is granted for each space based upon the actual number of bedrooms and square footage contained in each manufactured home. When the actual size of the manufactured home is known, at the time of placement, the correct Parks SDC shall be determined and, after applying a proportionate credit for that portion of the charge which was paid at the time of land use approval, the remaining balance shall be due and payable.
(4) The owner(s) of vacant lots or spaces within an existing manufactured home park that has received all necessary land use approvals prior to January 1, 1994, shall pay a Parks SDC which is limited to 50 percent of the applicable Parks SDC for each space at the time the first placement permit is granted for that space.
(5) If a residential development is commenced without an appropriate permit, the Parks SDC is immediately payable upon the earliest date that a permit was required.
(6) The City Building Official or his/her designee shall collect the Parks SDC from the building/ placement permit applicant, the person required to apply for the building/placement permit, the owner of the real property upon which the residential development occurs or any person receiving benefit from the residential development. The Building Official or his/her designee shall not issue any permit or allow construction described in AMC Section 15.20.070(1) until the charge has been paid in full.
(7) A Parks SDC paid hereunder shall apply to the particular lot or tract for which it is issued. Any changes which result in the addition of one or more bedrooms shall cause a Parks SDC to be paid for said improvement. The owner of the property shall be given credit only for those Parks SDCs therefor paid involving the same parcel of property. Where a structure which is benefitted by parks capital improvements is destroyed by fire, flood, wind, or act of God, no Parks SDC shall be imposed for the replacement of the structure, provided the number of bedrooms is not increased.
(8) The City may collect any delinquent system development charge which becomes due under the terms of this chapter by appropriate civil action commenced against the person(s) responsible for payment of said charge pursuant to subsection (3) above. In addition, failure to pay the prescribed charge after written notice to do so constitutes a misdemeanor punishable under the general penalty prescribed at AMC Section 1.04.010.
(9) The Park SDCs to be paid under the provisions of this chapter may be subject to the payment in installments under the provisions of the Bancroft Bonding Act of the State of Oregon. (Ord. 5084 § 1, 1993).
15.20.080 Exemptions.
(1) Exemptions to the Parks SDC are as follows:
(a) All building/placement permit applications for existing lots of record submitted prior to January 1, 1994, are exempt from the Parks SDC.
(b) Existing lots or spaces within an existing manufactured home park upon which the City of Albany has issued a placement permit prior to January 1, 1994, are exempt from the Parks SDC.
(c) All existing structures and uses for which a building/placement permits have been issued and which were established and existing prior to January 1, 1994, are exempt from the Parks SDC. Reoccupation after vacancy of any residential apartment unit when original use existed prior to January 1, 1994, shall be exempt from the Parks SDC.
(d) Additions to single family residential dwellings that do not constitute the addition of one or more bedrooms, as defined by the Albany Municipal Code Chapter 20 Section 22.010, are exempt from the Parks SDC, unless the addition constitutes a conversion from another use to a bedroom.
(e) Garages (attached or detached), and other detached nonhabitable accessory buildings are exempt from the Parks Systems Development Charge.
(f) Housing for low income or elderly persons which is exempt from real property taxes under Oregon state law are exempt from the Parks Systems Development Charge.
(g) Multiple unit nursing homes, congregate care or assisted care housing facilities containing three or more housing units and designed for the professionally assisted care of elderly or disabled persons are exempt from the Parks Systems Development Charge.
(2) Any residential development which is exempt from the Parks Systems Development Charge by reason of its intended use shall lose such exemption immediately upon a change in use to a type of residential development which is not exempt from the Parks SDC obligation. Upon such loss of exemption, the Parks SDC shall be due and payable upon the entire residential development which was previously exempt. (Ord. 5084 § 1, 1993).
15.20.090 Credits.
(1) When residential development occurs that must pay a Parks SDC under AMC Section 15.20.050 hereof, the Parks SDC for the existing use shall be calculated and if it is less than the Parks SDC for the proposed use, the difference between the Parks SDC for the existing use and the Parks SDC for the proposed use shall be the Parks SDC required under AMC Section 15.20.050. If the change in use results in the Parks SDC for the proposed use being less than the Parks SDC for the existing use, no Parks SDC shall be required; however, no refund or credit shall be given.
(2) The City of Albany may grant a credit against the Parks SDC imposed pursuant to AMC Section 15.20.050 for the contribution of land for, or the construction of, any qualified public improvements determined by the City to satisfy a specific element of the parks capital improvements required as part of the Albany Parks and Recreation Master Plan and this Parks SDC.
(a) Such land contribution and/or construction shall be subject to the approval of the Albany Parks and Recreation Commission. The amount of credit to be applied to the Parks SDC shall be determined according to the following standards of valuation:
(i) The value of contributed lands shall be based upon a written appraisal of the fair market value conducted at the applicant’s expense and mutual consent of the City by an independent and certified appraiser. The appraisal shall be based upon comparable sales of similar property between unrelated parties; and
(ii) The cost of anticipated construction of qualified public improvements shall be based upon cost estimates which are approved by an independent and certified architect or engineer.
(b) Prior to issuance of a building or development permit, the applicant shall submit to the Parks and Recreation Commission, a proposed plan and estimate of cost of contributions of qualified public improvements. The proposed plan and estimate shall include:
(i) A designation of the development for which the proposed plan is being submitted;
(ii) A legal description of any land proposed to be contributed and a written appraisal prepared in conformity with subsection (a)(i) of this section;
(iii) A list of the proposed capital improvements contained within the plan;
(iv) An estimate of proposed construction costs approved by an independent and certified architect or engineer; and
(v) A proposed time schedule for completion of the proposed plan.
(c) The principal factors the Parks and Recreation Commission will use to determine the eligibility of a proposed qualified public improvement as a credit against a Parks SDC shall include the following:
(i) Size, location and cost of maintenance; and
(ii) The extent to which the proposed capital improvement satisfies capital improvement requirements identified in the Parks and Recreation Master Plan pursuant to AMC Section 15.20.060(2); and
(iii) Consideration shall be given only to those capital improvements which are in excess of those required as a condition of land use approval.
(d) If the Parks and Recreation Commission accepts the proposed contribution, credit shall be allowed for the appraised and agreed value of the land or qualified capital improvements. If the proposed contribution is rejected, then the applicant shall be charged the full calculated value of the Parks SDC.
(e) Any applicant who submits a proposed plan pursuant to this section and desires the immediate issuance of a building permit or development permit shall pay the applicable Parks SDC charges. Said payment shall be deemed paid under “protest” and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due as determined by the City shall be refunded to the applicant.
(f) In the event the amount of the contribution determined to be acceptable by the City, pursuant to an approved plan of contribution, is less than the calculated Parks SDC charge due from the applicant, then the remaining balance shall be paid by the applicant. In the event the accepted contribution exceeds the total amount of the calculated Parks SDC charge due from the applicant, the excess credit may be applied against future Parks SDCs that accrue in subsequent phases of the original development project and/or other development projects. Unused credits may not be credited against other System Development Charges or otherwise applied. Credits shall be used not later than five years from the date the credit is given.
(g) The decision of the Parks and Recreation Commission as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued to the applicant.
(3) The Finance Director or his/her designee shall be responsible for all recording and accounting associated with the distribution of credits. (Ord. 5084 § 1, 1993).
15.20.100 Appeal procedures.
(1) Parties challenging the methodology for establishing the Parks SDC must appeal the methodology by filing a notice of appeal with the Finance Director within 60 days of passage of the ordinance adopting this chapter. Such appeals shall describe with particularity the portion of the methodology, calculations, or assumptions which are being asked for reconsideration. All appeal requests shall comply with subsection (5) of this section. The filing of such an appeal shall stay the adoption of the methodology until the appeal is determined. Upon determination of the appeal, the methodology shall be deemed adopted subject to legal action pursuant to ORS 223.304(5). Upon final determination of the methodology following appeal and, or judicial review, all Parks SDCs due as result of residential developments occurring subsequent to the effective date of this ordinance, and not otherwise exempt, shall be immediately due and payable.
(2) Parties aggrieved by the imposition of a Parks SDC which has been calculated by the Building Official or the Building Official’s designee under AMC Sections 15.20.050 through 15.20.090 or a party challenging the propriety of an expenditure of Parks SDC revenues may appeal the decision or the expenditure by filing a notice of appeal with the City Finance Director. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and shall comply with subsection (5) of this section.
(3) Decisions of the Parks and Recreation Commission concerning the grant or denial of Parks SDC credits may be appealed to the Albany City Council by filing a notice of appeal with the Finance Director or his/her designee within 10 days of the mailing of the decision by the City as called for in AMC 15.20.090(2)(g).
(4) An appeal of an expenditure must be filed within one year of the date of alleged improper expenditure. Appeals of any other decision must be filed within 14 days of the date of the decision.
(5) An appeal fee, established by Council resolution, shall accompany all Parks SDC appeal requests.
(6) The notice of appeal shall state:
(a) The name and address of the applicant;
(b) The address or tax lot of the subject property;
(c) The nature of the determination being appealed;
(d) If issued, the date the building/placement permit or development permit was issued;
(e) If paid, the date the Parks SDC was paid and the amount of payment;
(f) The reason(s) the determination is incorrect; and
(g) What the correct determination of the appeal should be.
An applicant who fails to file an appeal within the time permitted waives his/her objections, and his/her appeal shall be dismissed.
(7) Unless the appellant and the City agree to a longer period, an appeal shall be heard within 30 days of the receipt of the notice of appeal. At least seven days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant.
(8) The City Council shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the City Council deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.
(9) The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be.
(10) The City Council shall issue a written decision within 20 days after the hearing date and that decision shall be final. (Ord. 5084 § 1, 1993).
15.20.200 Construction.
The rules of statutory construction contained in ORS Chapter 174 are adopted and by this reference made a part of this chapter. (Ord. 5084 § 1, 1993).
15.20.300 Prohibited construction.
No residential development or intensification of use may be made unless the applicable Parks SDC has been paid. (Ord. 5084 § 1, 1993).
15.20.400 Severability.
The invalidity of a section or subsection of this chapter shall not affect the validity of the remaining sections or subsections. (Ord. 5084 § 1, 1993).
Chapter 15.30
CONNECTION CHARGES
Sections:
15.30.010 Application of connection charges.
15.30.020 Timing and procedures for determination of connection charge.
15.30.030 Determination of the amount of the connection charge.
15.30.040 Use of monies raised through connection charges.
15.30.050 Failure to pay connection charge.
15.30.010 Application of connection charges.
Except as provided in Chapter 10.16 AMC, relating to properties within the North Albany sanitary basin, a connection charge shall be due and payable when any person, corporation, or legal entity, connects to or accesses the City’s sanitary sewers, water distribution facilities, storm drains, and/or improved streets, from or for the benefit of any real property against which no assessment has previously been levied or for which the cost of constructing the sanitary sewer, water distribution facility, storm drain, and/or improved street has not been paid by the property owner or predecessor thereof. The City Council shall by separate resolution establish, and may from time to time amend, a methodology which shall be used to determine the criteria by which a determination will be made concerning the application of any particular connection charge to any particular property within the City. (Ord. 5565 § 4, 2003).
15.30.020 Timing and procedures for determination of connection charge.
If the sanitary sewer, water distribution facility, storm drain, and/or improved street is to be utilized pursuant to any activity involving a land division, the amount of the applicable connection charge shall be paid, in full, prior to the signing of the final plat. In all other cases, the connection charge shall be assessed and paid, in full, prior to the issuance of any building permit or encroachment permit authorizing construction on real property which will utilize or connect to any of the City facilities in AMC 15.30.010. (Ord. 5565 § 4, 2003).
15.30.030 Determination of the amount of the connection charge.
The City Council shall, by separate resolution, establish and may, from time to time, revise, a methodology for determining a fair and equitable connection charge when such charge is due pursuant to AMC 15.30.020. (Ord. 5565 § 4, 2003).
15.30.040 Use of monies raised through connection charges.
Revenues obtained through connection charges shall only be used for the same type of facility for which the charge was collected. For example, street connection charges shall only be utilized for authorized street fund purposes. Connection charges may be used to repay third persons, other governmental entities, or the City in the event that these entities provided the original funding which constructed the improved facility to which connection is allowed. Funds not so utilized shall be set aside and budgeted for in-fill improvements within each applicable capital fund. (Ord. 5565 § 4, 2003).
15.30.050 Failure to pay connection charge.
Any development permit, building permit, or encroachment permit erroneously issued by the City without payment of the connection charge required by this chapter shall be void and, in addition to any other remedy or consequence which may follow from the use or occupancy of premises without the required permit, failure to pay the connection charge within 10 days following written notice by the City, addressed to the property owner at the address shown on the applicable county tax records, shall constitute a misdemeanor punishable under the general penalty provided at AMC 1.04.010. (Ord. 5565 § 4, 2003).
