A. The City Council must hold a public hearing prior to adopting or amending the methodology on which any SDC is based.

B. The City will provide written notice to persons who have requested notice of any adoption or modification of SDC methodology at least 90 days before the first public hearing on the matter. The failure of a person on the list to receive a notice that was mailed does not invalidate the action of the City. If no one has requested notice, the City must publish notice in a newspaper of general circulation in the City at least 90 days before the hearing. If the City fails to provide sufficient notice, it can cure the defect by issuing a new notice and holding a new hearing. The City may consider comments submitted at improperly noticed hearings.

C. The revised methodology must be available to the public at least 60 days before the first public hearing on the adoption or amendment of the methodology.

D. A change in the amount of a reimbursement fee or an improvement fee is not a modification of the SDC methodology if the change is based on a change in project costs, including cost of materials, labor and real property, or on a provision for a periodic adjustment included in the methodology or adopted by separate ordinance or resolution, consistent with State law, and therefore the notices described in subsection (B) of this section are not required.

E. A change in the amount of an improvement fee is not a modification of the SDC methodology if the change is the result of a change in the SDC project list adopted in accordance with this chapter, and therefore the notices described in subsection (B) of this section are not needed. [Ord. NS-2491, 2024; Ord. NS-2161, 2011]