12.10.040 System Development Charges Imposed – Method for Establishment.
A. SDCs for water, wastewater, and transportation are imposed on all development within the City, on all development outside the City that connects to the water and/or sewer facilities of the City, and on all other development that increases the usage of the water and/or sewer system or that contributes to the need for additional or enlarged capital improvements, unless the development is exempt from payment of SDCs by the provisions of this chapter or other State or local law. The owner of the property on which the activity for which an SDC is imposed is ultimately responsible for payment of SDCs, regardless of whether the owner is also the entity engaged in the activity requiring payment of SDCs. SDCs must be paid to the City at the time established under BC 12.10.100(A).
B. The amount of system development charges will be set and revised by resolution of the City Council, relying on a methodology adopted by resolution. Any resolutions setting or revising the amount of any SDC will state the amount of the charge and the methodology used to set the amount of the charge, and, if the charge applies to a geographic area smaller than the entire city, the geographic area subject to the charge.
1. Changes in the system development charges will also be adopted by resolution.
2. The resolution and/or methodology may include definitions of categories for determining the amount of SDC due for certain types of development, which may be updated by resolution. If a particular development or type of use is not clearly included in a specified category, the City may make a case-by-case determination of the amount payable for the development using any methodology reasonably calculated to determine impacts on the system (transportation, water, and/or sewer) of the development or use. Either the City or the developer/applicant may request a case-by-case determination of impacts to determine the amount of SDCs owed, but the choice to make a case-by-case determination shall be the City’s. The City may request any additional information from applicant to justify a rate; if additional information is not provided the City will determine the applicable rate based on available information and the City’s assessment of impacts to the system(s) from the development and/or use. The City may make a case-by-case determination of the amount payable by any development at the time of the application or development that requires the payment of SDCs. City actions and determinations for case-by-case determinations under this section are at the sole discretion of the City.
C. The SDC project list, methodology and amount of charge may be adopted in a single resolution, and more than one type of SDC (water, sewer, and transportation) may be included in a single resolution.
D. The provisions of the Bend Code and adopted fee resolutions control over any inconsistent statement in an adopted SDC methodology regarding assignment of use categories or City administration of SDCs. [Ord. NS-2491, 2024; Ord. NS-2298, 2017; Ord. NS-2247, 2015; Ord. NS-2161, 2011]