3.900 Definitions.
The purpose of Sections 3.900 – 3.913 is to establish the process for creating and administering Reimbursement Districts. Reimbursement Districts provide the means whereby a developer who finances some or all of the costs of a public street, sanitary sewer, or storm drain improvement may recover some or all of his costs for such improvement from other benefiting property owners.
For purposes of this provision, the following terms shall be defined as follows:
(1) “City” means the City of Medford.
(2) “Applicant” means a person, as defined in Subsection (7), who is required or chooses to finance some or all of the cost of a street, sanitary sewer, or storm drain improvement which is available to provide service to property, other than property owned by the person, and who applies to the City for reimbursement for the expense of the improvement. The “applicant” may be the City. The reference to applicant does not include persons building improvements for an agreed amount under a contract with a subdivider or developer.
(3) "Benefiting properties" means those properties which are, or may be, partially relieved of a cost or expense associated with development or construction of a public improvement, and which is different in degree from the value or benefit received by the general public. Benefiting property includes parcels within the City’s urban growth boundary but outside the current City limits.
(4) “Development” occurs when a person applies for and receives approval from the City for a development permit, permit for connection to public improvements, permit for new construction, or a permit for additions, repairs, alterations, or modifications exceeding 25% of the building’s value within any 12 month period.
(5) “Director of Public Works” or “Director” means the person holding the position of Director of Public Works or any officer or employee designated by the Director to perform duties stated within this chapter.
(6) “Increase the use” means:
(a) For sanitary sewer or storm drain improvements, to make a physical change, following the construction of the improvement for which the reimbursement district was formed, that requires a building or development permit on the property that increase the volume discharged into the line.
(b) For street improvements, to make a physical change, following construction of the improvement for which the reimbursement district was formed, requiring a building or development permit on the property that increases the trips on the street or creates a new entrance onto the street.
(7) “Person” means a natural person, the person’s heirs, executors, administrators, or assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent, employee or representative thereof.
(8) “Public improvement” means any or all of the following: a street, stormwater, or sanitary sewer improvement that will be dedicated to and accepted by the city.
(9) “Reimbursement agreement” means the agreement between the applicant and the City which is authorized by the City Council, providing for the installation of and payment for reimbursement district public improvements.
(10) “Reimbursement district” means the area which is determined by the City Council to be the aggregate of those properties defined in Subsection (3) potentially deriving a benefit from the construction of street, sanitary sewer, or storm drain improvements, financed in whole or in part by the applicant regardless of whether the properties are in the City.
(11) “Reimbursement fee” means the fee required to be paid upon development by this section for the costs of financing a public street, sanitary sewer, or stormwater improvement that serves a development. A reimbursement fee is not intended to limit or replace, and is in addition to, any other existing fees or charges collected by the city.
(12) “Sanitary Sewer Improvement” means public sanitary sewer improvements conforming to City standards, including, but not limited to, extension of a sanitary sewer line to, through, or adjacent to property, other than the applicant’s property, so that sanitary sewer service can be provided for such other property without further extension of the line. With respect to line extensions, only the costs of an eight (8) inch sanitary sewer line may be used to determine the amount of the reimbursement fee. Costs of temporary pump stations are excluded. If System Development Charge (SDC) credits are available for the oversizing of lines, pursuant to Section 3.835, the total costs eligible for reimbursement shall be reduced by the value of the SDC credits in order to determine the actual amount to be reimbursed.
(13) “Storm Drain Improvement” means storm drain improvements conforming to City standards, including, but not limited to, extension of a storm drain line to, through, or adjacent to property, other than the applicant’s property, so that storm drain service can be provided for such other property without further extension of the line. With respect to line extensions, only the costs of storm drain lines up to and including twenty-four (24) inch diameter may be used to determine the amount of the reimbursement fee. If System Development Charge (SDC) credits are available for the oversizing of lines, pursuant to Section 3.891, the total costs eligible for reimbursement shall be reduced by the value of the SDC credits in order to determine the actual amount to be reimbursed.
(14) “Street improvement” means a new street or street improvement conforming to City standards, and including, but not limited to, such appurtenances as paving, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, street lights and public right-of-way acquisition, all as included in the initial street construction. Reimburseable street improvements shall be limited to full-width street improvements. Construction of half-streets or half-streets plus eight (8)- or twelve (12)- feet shall not be eligible for reimbursement district. Reimbursement districts shall not be available for construction of arterial or collector streets. Arterial and collector street improvements are subject to SDC credits pursuant to Section 3.815, regarding SDCs.