Grants Pass Municipal Code

Title 3 
SYSTEM DEVELOPMENT CHARGES 
Chapters: 
3.10 System Development Charges 
3.20 Sewer System Development Charges 
3.30 Transportation System Development Charges 
3.40 Parks System Development Charges 
3.50 Storm Water and Open Space System Development Charges 
This Chapter has been created by Ord. 4708 §2, 1991. This Chapter has been 
amended by Ord. 5101 §1, 2002, Ord. 5196, 2003, Ord. 5214, 2004 Ord. 5236, 2004 
Ord. 5289, 2005. 
Chapter 3.10 
SYSTEM DEVELOPMENT CHARGES 
Sections: 
3.10.010 Definitions. 
3.10.020 Purpose. 
3.10.030 Scope. 
3.10.040 System Development Charges Established. 
3.10.050 Methodology. 
3.10.060 Compliance with State Law. 
3.10.070 Collection of System Development Charges. (Ord. 5007 §1, 2000) 
3.10.080 Credits. 
3.10.090 Appeal Procedures. 
3.10.100 Prohibited Connection. 
3.10.110 Enforcement. 
3.10.200 Annual Adjustments for System Development Charges. (Water) 
3.10.210 Annual Adjustments for System Development Charges. (Sewer) 
3.10.010 Definitions. 
The following words and phrases, as used in Chapter 3.10 of the Grants Pass 
Municipal Code shall have the following definitions and meanings. 
A. Capital Improvements. Public facilities or assets used for the following: 
1. Water supply, treatment, storage, or major transmission as 
identified in the adopted master plan for the water utility. 
2. Sanitary sewerage treatment capacity, interceptor sewers, 
transmission and pumping facilities as identified in the master plan 
for the wastewater utility. 
B. Development. The construction, alteration or enlargement of a building or 
existing use, the addition of facilities or making a physical change in the 
use of a structure or land which alters the usage of any capital 
improvements or which will contribute to the need for additional capital or 
enlarged improvements to the utility system. 
C. Qualified Public Improvement. That portion of a required capital 
improvement that is beyond the facilities necessary to serve the 
development and in excess of the minimum development standards; and 
is identified in the adopted master plan of the water or wastewater utility. 
Improvements required to serve a development of land as identified in the 
Development Code of the City of Grants Pass and required from the 
developer prior to the completion of a development are not included in the 
definition of this term to the extent such improvements are sized or 
established to meet the needs created by a development. 
D. Reimbursement Fee. A fee for costs associated with the capital 
improvements constructed or under construction on the date the fee is 
adopted in accord with this ordinance. 
E. System Development Charges. A reimbursement fee assessed or 
collected at any of the times specified in Section 3.10.070. It shall not 
include new service installation fees as defined in Section 8.08.020, since 
such fees are designed by the City only to reimburse the City for the costs 
for such connections. Nor shall the System Development Charges include 
costs for capital improvements, which by City policy the Development 
Code or State Statute are paid by assessments or fees in lieu of 
assessments for projects of special benefit to a property. Advance 
financing fees collected for prior construction of specific improvements are 
similarly not included in this definition. 
3.10.020 Purpose. 
The purpose of the System Development Charges is to reimburse the rate 
payers for the capacity of systems developed to serve the growth of the 
community and to impose an equitable share of the public costs of capital 
improvements upon the developments that create the need or consume provided 
capacity. 
3.10.030 Scope. 
The System Development Charges 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 contract or law imposed as a condition of 
development. A System Development Charges is to be considered in the nature 
of a charge for service rendered or facility capacity consumed which has been 
previously provided for by the taxpayers and ratepayers of the utility systems. 
Proceeds from the fees shall be utilized exclusively to provide system capacity to 
replace that consumed, or to extinguish existing debt incurred to provide 
capacity. 
3.10.040 System Development Charges Established. 
A System Development Charge is hereby imposed upon all development within 
the City and all development outside the boundary of the City that connects to or 
otherwise uses the sanitary sewer system, or water system of the City. The City 
Manager is authorized to make interpretations of this chapter, subject to appeal 
to the City Council. Charges shall be established by resolution in accord with 
Section 8.42, and applicable subsections, of this Code and in accord with the 
methodologies identified in Section 3.10.050 of this Code. 
3.10.050 Methodology. 
The methodology used to establish System Development Charges shall be to 
consider the cost of the existing facilities, prior contributions by rate payers and 
tax payers, the value of unused capacity, rate-making principles employed to 
finance publicly owned capital improvements, and other factors related to the 
cost of providing the utility capacity. The methodology shall promote the 
objective that future system users shall contribute an equitable share of the cost 
of existing facilities, and contribute to the eventual replacement of capacities 
consumed to provide service. Method of adoption and the features of adopted 
methodologies shall include: 
A. Specific methodological approaches shall be established by resolution, 
and shall include a provision for a credit to the reimbursement fee for 
qualified public improvements constructed by the developer. 
B. Fees required as a portion of a Local Improvement District, a charge in 
lieu of a Local Improvement District assessment, or the cost of complying 
with requirements or conditions imposed by a land use decision are 
separate from and in addition to the System Development Charges and 
shall not be used as a credit against such charge. 
C. The formulas and calculations used to compute specific System 
Development Charges shall be based upon a computed consumption of 
system capacity and typical conditions and relationships between classes 
of users of the systems capacity. Whenever the impact of individual 
developments present special or unique situations such that the calculated 
fee is disproportionate to the actual impact of the development, alternate 
fee calculations may be approved or required of the developer by the City 
Manager. The burden to establish special and unique circumstances as 
defined in this section shall be solely the responsibility of the developer. 
"Special and unique" shall mean circumstances which are beyond those 
described in the resolution adopted by the Council establishing the fees 
and methodology, to an extent not less than 25% of the capacity 
consumption calculations of the adopted methodology. All data submitted 
to support alternate calculations under this provision shall be site specific. 
Major or unique developments may require special analyses to determine 
alternatives to the standard methodology. When such analysis is 
required, the developer shall be solely responsible for calculating and 
submitting the anticipated System Charges, utilizing the methodology 
adopted for the affected utility. 
D. The City Manager shall annually review all fees established by this 
chapter, and shall review methodologies not less than once each three 
years. To the extent these reviews warrant changes, the Manager shall 
recommend such change to the City Council. 
E. When a written appeal is filed challenging the methodology adopted by the 
Council, the City Manager shall prepare a written report and 
recommendation within 20 working days of receipt for presentation to the 
Council within 50 days of the date of the receipt of the appeal. The 
Council shall by resolution, approve, modify or reject the report and 
recommendation of the City Manager, or may adopt a revised 
methodology by resolution. Any legal action contesting the City Council 
decision in the appeal shall be filed within 60 days of the Council decision. 
For appeals of other than methodology, see 3.10.090. 
3.10.060 Compliance with State Law. 
All revenues received from the System Development Charges shall be budgeted 
and expended as provided by state law, and shall be exclusively for the benefit of 
the utility for which the fees are collected. Such revenues and expenditures shall 
be for provision of system capacity, inclusive of administrative, engineering, and 
similar costs defined by state law, or the payment of current or future debt, and 
shall be accounted for as required by state law. Financial reporting shall be 
included in the City Comprehensive Annual Financial Report. 
3.10.070 Collection of System Development Charges. 
The collection of System Development Charges shall be in accord with the 
following: 
A. The System Development Charges are payable upon, and as a condition 
of, issuance of: 
1. A building, plumbing, or a development permit for a development as 
defined in this chapter. 
2. A permit or other authorization to connect to the water or sanitary 
sewer system, except as provided in Subsection E of this section. 
(Ord. 5007 §1, 2000) 
B. If development is commenced or connection is made to the water system 
or sanitary sewer system without an appropriate permit or authorization, 
the System Development Charges are immediately payable upon the 
earliest date that a permit was required, and it will be unlawful for anyone 
to continue with the construction or use constituting a development until 
the charge has been paid. 
Penalties applied for commencing or connecting shall be as described 
here, and as further identified in Section 3.10.110 of this Code. 
C. Any and all persons causing a development or making application for a 
permit, or otherwise responsible for the development, are jointly and 
severally obligated to pay the charge, and the City Manager may collect 
the charges from any individual, partnership, corporation, or person 
involved with the development. The City Manager shall not allow any 
connection to the water or wastewater system until all charges described 
in this Section, together with all other applicable fees and charges 
described in this Code, shall have been paid in full. 
D. All System Development Charges shall be paid in full when due, or in 
accord with the provisions of ORS 223.208 when Local Improvement 
Districts have been formed. 
E. The City Manager or his designated representative is authorized to 
negotiate standby water utilization agreements. Any such agreement 
must be authorized by resolution of the City Council. The City Council 
may permit the waiver of System Development Charges if all of the 
following conditions are met: (Ord. 5007 §1, 2000) 
1. No human consumption, domestic utilization, or livestock use is 
permitted from the connection; (Ord. 5007 §1, 2000) 
2. Water utilization is restricted to avert peak day and peak hour 
demand; (Ord. 5007 §1, 2000) 
3. Water connection is subject to termination or interruption at the sole 
discretion of the City; (Ord. 5007 §1, 2000) 
4. The water connection is not in conjunction with any other utilization 
of municipal water on the property served; (Ord. 5007 §1, 2000) 
5. The water system connection is not for fire protection or fire flow 
systems; (Ord. 5007 §1, 2000) 
6. Municipal water is not the primary source of supply for the intended 
use. (Ord. 5007 §1, 2000) 
3.10.080 Credits. 
As required by statute, the City of Grants Pass shall allow credits against System 
Development Charges for the construction of qualified public improvements to 
the following extent: 
A. When development occurs on a parcel previously connected to municipal 
utilities that gives rise to System Development Charges, the charge 
applicable to the existing use shall be calculated. If the charge is than the 
System Development Charge for the proposed use, the difference 
between the System Development Charges for the existing use and the 
System Development Charges for the proposed use shall be the charge 
required of the development. If the change in use results in a charge for 
the proposed use being less than the System Development Charges for 
the existing use, no System Development Charges shall be required; 
however, no refund or credit shall be given. 
B. A credit shall be given for the cost of a qualified public improvement 
associated with the development. If a qualified public improvement is 
located partially on and partially off the parcel of land that is the subject of 
the approval, or if the improvement is contained within the parcel but sized 
to serve areas exterior to the subject development, the credit shall be 
given only for the cost of the portion of the improvement not attributable 
wholly to the development. 
C. Applying the methodology adopted by resolution, the City shall grant a 
credit for a capital improvement constructed as part of the development 
that reduces the development's demand upon existing capital 
improvements or the need for replacement of existing capacities. All such 
facilities must be identified on the master plan applicable to the utility 
identified for construction. 
D. In situations where the amount of credit exceeds the amount of the 
System Development Charges, the excess credit is not transferable to 
another development. It may be transferred to another phase of the 
original development plan submitted, providing such phased development 
is contiguous to the development for which credits are granted, and is a 
continuation of the scope of the project originally filed by the developer 
with the City. 
E. Credit shall not be transferable from one type of capital improvement to 
another, all water related credits may be utilized exclusively for water 
related charges and all sanitary sewer credits exclusively for sanitary 
sewer. 
3.10.090 Appeal Procedures. 
In accord with the statutory requirements for appeal procedures, the following will 
be the process for the City of Grants Pass: 
A. A person aggrieved by a decision required or permitted to be made by the 
City Manager or designee under this Code, or a person challenging the 
propriety of an expenditure of a System Development Charges revenue 
may appeal the decision or expenditure by filing a written appeal with the 
Finance Officer of the City for consideration by the Council. Such appeal 
shall describe with particularity the decision or the expenditure from which 
the person appeals and shall include all information required in this 
Section. 
B. An appeal of an expenditure must be filed within 2 years of the date of the 
alleged improper expenditure. Appeals of any other decision must be filed 
within 10 working days of the date of the decision. 
C. The appeal shall state: 
1. The name and address of the appellant; and 
2. The nature of the determination being appealed; and 
3. The reason the determination is challenged; and 
4. The remedy sought by the appellant; and 
5. The specifics of the situation under consideration; and 
6. The date of the determination or expenditure. 
An appellant who fails to file such a statement within the time permitted 
waives rights to objections, and the appeal shall be automatically 
dismissed. 
D. Unless the appellant and the City agree in writing to a longer period, an 
appeal shall be heard within 30 days of the receipt of the written appeal. 
At least 10 working days prior to the hearing, the City shall mail notice of 
the time and location thereof to the appellant. 
E. The City Council shall hear and determine the appeal on the basis of the 
appellant's written statement and any additional evidence submitted at the 
hearing. At the hearing, the appellant may present testimony and oral 
argument personally or by counsel. The City may present written or oral 
testimony at this same hearing. The rules of evidence as used by courts 
of law do not apply. 
F. The appellant shall carry the burden of proving that the determination 
being appealed is incorrect and what the correct determination should be, 
of that the expenditure was improper. 
G. The City Council shall render its decision within 15 days after the hearing 
date and the decision of the Council shall be final. The decision shall be 
in writing but written findings shall not be made or required unless the 
Council elects to make findings for presidential purposes. Any legal action 
contesting the Council decision on the appeal shall be filed within 60 days 
of the Council decision. Appeals of methodology are determined in the 
manner described in Section 3.10.050. 
3.10.100 Prohibited Connection. 
From and after the effective date of this ordinance, no person may connect any 
premises for service, or cause the same to be connected, to any sanitary sewer 
or portion of the water system unless the appropriate System Development 
Charges have been paid and all other provisions governing the payment of fees 
and charges have been met. 
3.10.110 Enforcement and Penalties. 
Any service connected to the City water or sanitary sewer system after the 
effective date of this ordinance for which a fee is due hereunder and has not paid 
said fee, shall be subject to immediate termination of service, reimbursement of 
all costs incurred by the City associated with the identification, termination, 
reconnection, and compliance requirements, and a fee of $250 per day for each 
day of violation. These costs shall be penalties, and shall be levied in addition to 
any fees or charges incurred through the prosecution of the unlawful act of 
connecting to the utility system. 
3.10.200__Annual Adjustments for System Development Charges. 
The City Council may annually adjust the System Development Charges for 
Water Service. The method of adjustment will be the U. S. Bureau of Labor and 
Statistics, Cost of Living Index, CPI-U, All Cities, October publication. The City 
Council will consider a resolution annually to determine whether or not to apply a 
cost of living to the system development charges. The Council may elect to 
apply the cost of living index, modify to any level lower than the published index, 
or not to apply the index in any one year. The cost of living in any one-year shall 
not exceed a total of 2.5%. Action not to apply the index in any one year, or 
period of years, will not prohibit the Council from elected to apply the index in 
ensuing years. 
This Chapter has been amended by Ord. 5101, 2002. 
This Chapter has been amended by Res. 4805, 2004. 
This Chapter has been amended by Res. 4917, 2005. 
Chapter 3.20 
SEWER SYSTEM DEVELOPMENT CHARGES 
Sections: 
3.20.010 Definitions. 
3.20.020 Sewer SDC Calculation Methodology. 
3.20.030 Determination of Reimbursement Charge. 
3.20.040 Determination of Improvement Charge. 
3.20.050 Combined Sewer System Development Charge. 
3.20.075 Sewer System Development Charges Payable. 
3.20.100 Allocation of Sewer System Development Charges. 
3.20.010 Definitions. 
Commercial. Development which does not qualify as residential, multi-family, or 
public/quasi-public. 
Development. Any man-made change to improved or unimproved real estate, 
including but not limited to construction, installation or change of a building or 
other structure, land division and partition, establishment or termination of a right 
of access, storage on the land, drilling and site alteration such as that due to land 
surface paving, excavation or clearing. 
Multi-family. Dwellings served by a water meter with three or more living units in 
a single building, except where the units are defined as commercial occupancies 
under the Uniform Building Code. 
Public/Quasi-Public. Development used to house government, schools (both 
public and private), and non-profit corporations and which meet all of the 
following criteria: 
1. Not more than 10% of the building is used for the sale, manufacture, 
production, repair, or service of a product sold to third persons, whether or 
not sold by the sewer customer of this class; and 
2. The sewer discharge consists of typical domestic waste; and 
3. Not more than 10% of the building is used for residential purposes. 
Residential. Single family dwellings or duplex dwellings, including mobile homes, 
modular homes, and manufactured homes, located on a single lot intended for 
occupancy by a single family (2 families for a duplex), which contain separate 
kitchen, bedroom, and bathroom facilities. 
Sewer System. Includes all sewer service provided by the City of Grants Pass, 
both within and outside the City limits, and includes sewer service provided to 
any special service district. 
Sewer System Development Charge (Sewer SDC). A charge to sewer service 
customers which is composed of a combination of reimbursement charges and 
improvement charges and is assessed or collected at the time of increased 
usage of sewer capital improvements. Sewer System Development Charges do 
not include connection or hook-up fees that reimburse the City for the cost of 
inspecting and installing connections to sewer capital improvements. 
3.20.020 Sewer SDC Calculation Methodology. 
Except as specifically modified herein, the provisions of Chapter 8.09 shall apply 
to the method for calculating Sewer System Development Charges and other 
sections of this Chapter. The methodology in this Chapter incorporates the 1992 
Brown and Caldwell Facility Plan for the City of Grants Pass and the 1994 CH2M 
Hill Wastewater Rate and System Development Charge Study for the City of 
Grants Pass. 
3.20.030 Determination of Reimbursement Charge. 
The reimbursement charge portion of the Sewer System Development Charge is 
based on the following calculations: 
A. Value of Fixed Assets. As of June 30, 1993 the value of sewer system 
fixed assets net of depreciation was estimated to be approximately 4.7 
million dollars. The depreciated fixed assets net of contributions is 
approximately 3.9 million dollars. 
B. Capacity. The existing capacity of the sewer system under current 
conditions is estimated to be approximately 4.7 million gallons per day 
(mgd) based on the average dry weather flow. 
C. Unit Cost. Dividing the net investment by the existing capacity yields a 
unit cost of capacity of $825,567 per mgd. 
D. Equivalent Dwelling Unit Reimbursement Charge Calculation. The unit 
cost is then multiplied by the number of units in an equivalent dwelling unit 
(EDU) to determine the reimbursement charge per dwelling unit. The 
calculation is: 
Fixed Assets Net of Depreciation $4,727,257 
Less Contributed Capital 847,094 
Depreciated Fixed Assets Net of Contributions $3,880,163 
Depreciated Fixed Assets Net of Contributions $3,880,163 
Divided by the Existing Capacity (mgd) 4.7 
Unit Cost of Existing Capacity ($/mgd) $ 825,567 
Unit Cost of Existing Capacity ($/mgd) $ 825,567 
Multiplied by the Capacity Requirement per EDU (mgd) .00019 
Reimbursement Charge Per EDU $ 157 
Reimbursement Charge Per EDU $ 157 
3.20.040 Determination of Improvement Charge. 
The improvement charge portion of the sewer SDC is based on the following 
calculations: 
A. Upgrade and Expansion. The City plans to spend approximately 27 
million dollars on capital improvements over the next 20 years for plant 
upgrade and expansion projects. 
B. Adjusted Cost. The cost of upgrade and expansion is adjusted for inflation 
at a rate of 3% per year for a total cost for the Capital Improvement 
Program (CIP) of 34.3 million dollars. Approximately 10.5 million dollars of 
the adjusted cost is for upgrades to the sewer system, which will be 
financed through user rates paid by all customers. The remaining 23.8 
million dollars of the inflation-adjusted cost is for improvements to expand 
capacity for the benefit of future users and is capable of being paid by 
SDCs or a combination of SDCs and rates. 
C. Equivalent Dwelling Unit Improvement Charge Calculation. The 
calculation for the improvement charge is: 
Cost of Capacity Increasing Improvements $23,813,189 
Less Debt Financed Improvements 0 
Improvements, Less Debt $23,813,189 
Improvements, Less Debt $23,813,189 
Divided by the Capacity Added by CIP (mgd) 2.6 
Unit Cost of Added Capacity ($/mgd) $ 9,158,919 
Unit Cost of Added Capacity ($/mgd) $ 9,158,919 
Multiplied by the Capacity Requirement per EDU .00019 
Improvement Charge Per EDU $ 1,744 
Improvement Charge Per EDU $ 1,744 
3.20.050 Combined Sewer System Development Charge 
(This section amended by Res. 4917, 2005) 
The combined sewer SDC for reimbursement charges and improvement charges 
per equivalent dwelling unit (EDU) is: 
Improvement Charge per EDU $ 1,911 
Reimbursement Charge per EDU 157 
Combined Charge per EDU $ 2,068 
3.20.075 Sewer System Development Charges Payable 
A. Sewer SDCs shall be charged and payable for new development, 
regardless of the type of use associated with the development, as set forth 
in 8.11.100. 
B. Sewer SDCs shall be charged and payable for the alteration, expansion, 
or replacement of any development (regardless of the type of use 
associated with the development) as set forth in 8.11.100, if the alteration, 
expansion, or replacement results in a demand on sewer system capital 
improvements as compared to the prior use of the system. The amount of 
the SDC to be paid shall be the difference between the rate for the 
proposed development and the rate that would be imposed for the 
development prior to the alteration, expansion, or replacement. If the 
difference is less than 0, no SDC will be charged and no credit will be 
given. 
3.20.100 Allocation of Sewer System Development Charges 
(This section amended by Res. 4917, 2005) 
A. Commercial and Multi-Family. 
1. Sewer SDCs for commercial and multi-family development shall be 
based on the size of the water meter servicing the development, as 
follows: 
Meter Size Equivalent Meter Factor SDC 
3/4" 1.00 $ 1,096 
1" 1.78 1,951 
1 2" 4.00 4,384 
2" 7.11 7,793 
3" 16.00 17,536 
4" 28.44 31,170 
6" 64.00 70,144 
8" 113.78 124,703 
2. Separate Water Meters. The SDC may be reduced if the development 
installs a separate water meter for water, which cannot be deposited 
into the sewer system. The SDC shall not be applied to the nonsewer 
service water meter. 
B. Public/Quasi-Public. 
1. Based On Water Meter Size. Sewer SDCs for public/quasi-public 
development shall be based on the water meter size, subject to 
reductions as set forth in Subsection B. 
2. Non-Sewer Contributions. 
a. Estimated Non-Sewer Contributions. The SDC may be 
reduced by the size of meter which would be needed to serve 
only those fixtures that discharge to the sewer system 
assuming a size and quantity sufficient to make the 
development's plumbing system fully operable. The size and 
quantity sufficient to make the development's plumbing system 
fully operable shall be determined by the City Manager using 
the standards from the Uniform Plumbing Code and American 
Water Works Association. 
b. Separate Water Meters. The SDC may be reduced if the 
development installs a separate water meter for water, which 
cannot be deposited into the sewer system. The SDC shall 
not be applied to the non-sewer service water meter. 
C. Residential. Sewer SDCs for residential development shall be based on 
the number of bathrooms per unit, whether finished or roughed in, as 
follows: 
For 1 toilet $ 768 
For 2 toilets 1,096 
For 3 toilets 1,424 
For 4 toilets 1,752 
For more than 4 toilets 2,082 
3.20.210 Annual Adjustments for System Development Charges. 
The City Council may annually adjust the System Development Charges for Sewer 
Service. The method of adjustment will be the U. S. Bureau of Labor and Statistics, 
Cost of Living Index, CPI-U, All Cities, October publication. The City Council will 
consider a resolution annually to determine whether or not to apply a cost of living to the 
System Development Charges. The Council may elect to apply the cost of living index, 
modify to any level lower than the published index, or not to apply the index in any one 
year. The cost of living in any one-year shall not exceed a total of 2.5%. Action not to 
apply the index in any one year, or period of years, will not prohibit the Council from 
elected to apply the index in ensuing years. 
This Chapter has been amended by Ord. 5101 §3, 2002, Ord. 4985, 2003, Res. 4835, 
2004 Ord. 5289, 2005. 
Chapter 3.30 
TRANSPORTATION SYSTEM DEVELOPMENT CHARGE 
Sections: 
3.30.010 Findings. 
3.30.020 Definitions. 
3.30.030 Transportation System Development Charge Established. 
3.30.031 Special Area Transportation System Development Charge for 
Intersection Control and Improvement on Redwood Avenue. 
3.30.032 Annual Adjustments for System Development Charges. 
3.30.033 Total Fees Adopted. 
3.30.040 Compliance with State Law. 
3.30.041 Compliance with State Law: Special Area Transportation System 
Development Charge for Intersection Control and Improvement on 
Redwood Avenue. 
3.30.042 Categories of Uses. 
3.30.045 Adoption of Trip Calculation Data. 
3.30.047 Principles of Categorization. 
3.30.048 Calculation of Charges. 
3.30.049 Calculation of Charges for Special Area Transportation System 
Development Charge for Intersection Control and Improvement on 
Redwood Avenue. 
3.30.050 Collection of Charge. 
3.30.051 Collection of Charges for Special Area Transportation System 
Development Charge for Intersection Control and Improvement on 
Redwood Avenue. 
3.30.060 Exemptions. 
3.30.061 Exemptions for Special Area Transportation System Development 
Charge for Intersection Control and Improvement on Redwood 
Avenue. 
3.30.070 Credits. 
3.30.071 Credits for Special Area Transportation System Development 
Charge for Intersection Control and Improvement on Redwood 
Avenue. 
3.30.080 Appeal Procedures. 
3.30.081 Appeal Procedures for Special Area Transportation System 
Development Charge for Intersection Control and Improvement on 
Redwood Avenue. 
3.30.090 Construction. 
3.30.100 Prohibited Construction. 
3.30.110 Severability. 
Table A-1 Appendix for Transportation System Development Charge 
3.30.010 Findings. 
A. The Transportation System Development Charge (SDC) 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 
residential and business development which requires essential municipal 
services based upon the nature of the development. The timing and the 
extent of development is within the control and discretion of the developer. 
(Ord. 5023 §1, 2000) 
B. The Transportation SDC imposed in this Chapter is not a tax on property 
or on a property owner as a direct consequence of ownership of property 
within the meanings of Section II.b., Article XI of the Oregon Constitution 
or the legislation implementing that section. The Transportation SDC is 
not a fee supplanting any property tax based system as envisioned in 
Article XI of the Oregon Constitution. 
C. If the Transportation SDC herein imposed is viewed under Section II.b., 
Article 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: 
1. It allows the owner to control the quantity of the service by 
determining the extent of development to occur upon the property. 
2. It allows the owner to determine when the service is to be initiated 
or increased by controlling when the development occurs. 
3. State law and the Ordinances of the City of Grants Pass 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. 
D. Among the basic services required of every property with a structure 
designed for human occupancy (except ancillary buildings) are street 
facilities to accommodate and control motorized vehicular traffic, 
pedestrian traffic, and bicycle traffic. 
E. The Transportation SDC imposed in this Chapter is based upon the actual 
costs of providing planned transportation capital improvements and does 
not impose charges on persons not receiving a service and imposing a 
burden upon the City's existing transportation system. 
F. The Transportation 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 
development. A Transportation SDC is to be considered in the nature of a 
charge for consumption of existing capacity and a service to be rendered. 
G. The Transportation SDC is an incurred charge for the acquisition and 
capital development of facilities to accommodate and control motorized 
vehicular traffic, pedestrian traffic, and bicycle traffic. This is a new 
program to protect the capacity for current and future users of this system 
and as such does not represent a product or service that was wholly or 
partially paid for by ad valorem taxes on October 15, 1999, or thereafter. 
No shift, transference, or conversion of programs previously financed by 
property tax will occur. 
H. In accord with those findings, no public vote is required for the adoption of 
this Transportation SDC. 
3.30.020 Definitions. 
A. As used in this Chapter, except where the context otherwise requires, the 
words and phrases defined below have the meaning identified. For any 
definitions not complete or modified in this section, the general definitions 
of Chapter 30 of the Grants Pass Development Code apply. In cases of 
conflict, the specific provisions of this chapter will apply. 
1. Development" means a development which thereby increases the 
use of any transportation facility or which creates the need for 
additional transportation facilities beyond those in place October 15, 
1999, and shall be determined by the necessity for a building permit 
or a development permit. Any act defined as “Development” in 
Article 30.020 of the Grants Pass Development Code shall not apply 
to this section to the extent that the definition includes land division, 
partitions, rights of access, storage, drilling or any site alteration. 
2. "Residential Development" means any development designed to be 
occupied by a family or individual as defined in Article 30 of the 
Grants Pass Development Code for living and sleeping, and which 
may or may not include cooking and eating facilities. 
3. "Business Development" means a building designed for use by a 
commercial or industrial business. 
4. “Non-Profit” development as utilized in this ordinance shall refer to 
religious, social service and eleemosynary activities possessing a 
designation from the Federal Internal Revenue Service 
Section 501(c)(3). 
5. “Categories of Uses” means the grouping and categorization of 
development into similar categories to establish relative traffic 
impacts for groups of developments. 
6. “Mixed Use” development means the inclusion of more than one 
separate category of development use within one building or 
identified development. 
7. "Transportation Capital Improvement(s)" means all City 
transportation facilities to accommodate and control motorized 
vehicular traffic, pedestrian traffic, and bicycle traffic. 
8. "Transportation System Development Charge (Transportation 
SDC)" means a fee for costs associated with transportation capital 
improvements acquired, which is assessed or collected at any of 
the times specified in Section 3.30.050. Transportation 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. 
9. "Qualified Public Improvements" means a capital improvement that 
is identified in the Grants Pass Urban Area Transportation Systems 
Development Charge Methodology, attached as Exhibit “1”, which 
may be amended from time to time. 
3.30.030 Transportation System Development Charge Established. 
A. Effective October 15, 1999, a Transportation System Development 
Charge is hereby imposed upon all development within the corporate 
limits of the City of Grants Pass, Josephine County, as defined in this 
Code. 
B. Said charge will also be imposed upon development in accord with this 
Code within the unincorporated Urban Growth Boundary of the City of 
Grants Pass pursuant to the intergovernmental agreement between the 
City of Grants Pass and Josephine County entitled “Intergovernmental 
Agreement for the Orderly Management of the Grants Pass Urban Growth 
Boundary Area,” dated August 5, 1998. 
C. The fee imposed as a Transportation System Development Charge shall 
be established and amended from time to time by City Council resolution, 
said fee not shifting, transferring or converting any governmental product 
or service wholly or partially financed from ad valorem taxes. 
D. Fees are established by classification of land use and development 
intensity. 
3.30.031 Special Area Transportation System Development Charge for Intersection 
Control and Improvement on Redwood Avenue Established 
(Added by Ord. 5289, 2005) 
A. Effective April 21, 2005, a special area Transportation System 
Development Charge for Intersection Control and Improvement on 
Redwood Avenue is hereby imposed upon all development within the 
defined boundaries of the Special Area as provided in this code. 
B. Said charge will also be imposed upon development in accord with this 
Code within the unincorporated Urban Growth Boundary of the City of 
Grants Pass pursuant to the intergovernmental agreement between the 
City of Grants Pass and Josephine County entitled “Intergovernmental 
Agreement for the Orderly Management of the Grants Pass Urban Growth 
Boundary Area,” dated August 5, 1998. 
C. The fee imposed as a special area Transportation System Development 
Charge for Intersection Control and Improvement shall be established and 
amended from time to time by City Council resolution, said fee not shifting, 
transferring or converting any governmental product or service wholly or 
partially financed from ad valorem taxes. 
D. Fees are established by classification of land use and development 
intensity. 
3.30.031.1 Special Area Transportation System Development Charge for Intersection 
Control and Improvement on Redwood Avenue in Addition to all other 
imposed fees (Added by Ord. 5289, 2005) 
A. All system development charges imposed as a consequence of the 
establishment of a special area shall be in addition to all fees and charges 
required for any other act of development, and shall specifically be in 
addition to system development charges for transportation established in 
3.30.030 of this code. 
3.30.031.2 Special Area Transportation System Development Charge for Intersection 
Control and Improvement on Redwood Avenue Area Defined 
(Added by Ord. 5289, 2005) 
A. The system development charge imposed for the special area shall apply 
to all lands bordered on the east by the boundary of Allen Creek Road 
beginning where Allen Creek Road intersects with the Redwood Highway 
(U.S. 199), or a line extended northerly from the terminus of Allen Creek 
Road directly northerly to the Rogue River; thence westerly and north 
westerly along the Rogue River to the point where the Rogue River and 
the Urban Growth Boundary intersect; thence westerly coterminous with 
the Urban Growth Boundary to the westerly extent of the Urban Growth 
Boundary; thence southerly coterminous with the Urban Growth Boundary 
to the north line of the Right of way of Redwood Highway (U.S. 199); 
thence easterly to the westerly right of way line of Allen Creek Road, the 
point of beginning of this described area. A map depicting the boundary is 
included as an attachment to Chapter 3 of the Grants Pass Municipal 
Code. In the event of dispute about any land inclusion in this boundary, 
the written description of the area shall prevail. 
3.30.031.3 Reference Adoption of Methodology (Added by Ord. 5289, 2005) 
A. The methodology establishing the Special Area Transportation System 
Development Charge for Intersection Control and Improvement is adopted 
by reference, said document dated March 2005. The methodology utilized 
in this special area may be modified from time to time as provided in 
Oregon law; however, such modifications shall be made only following 
required notification and public hearing. 
3.30.031.4 Adoption of Rates for Special Area Transportation System Development 
Charge (Added by Ord. 5289, 2005) 
A. The City Council may adopt that fee identified in the referenced 
methodology. The Council may elect to discount the fee, establish 
phasing schedule, or otherwise determine the method to implement total 
fees, however, each year of the diminishment of the fee or discount shall 
not be considered to be an increase as identified in state law. The cost of 
living increase established in 3.30.032 shall be applied to total fees 
applicable in this special area. 
3.30.032 Annual Adjustments for System Development Charges. 
The City Council may annually adjust the System Development Charges for 
Transportation Service. The method of adjustment will be the U. S. Bureau of 
Labor and Statistics, Cost of Living Index, CPI-U, All Cities, October publication. 
The City Council will consider a resolution annually to determine whether or not 
to apply a cost of living to the system Development charges. The Council may 
elect to apply the cost of living index, modify to any level lower than the published 
index, or not to apply the index in any one year. The cost of living in any oneyear 
shall not exceed a total of 2.5%. Action not to apply the index in any one 
year, or period of years, will not prohibit the Council from elected to apply the 
index in ensuing years. Application of the index shall be accumulated during any 
period of City Council permitted phasing of adopted fees. 
3.30.033 Total Fees Adopted. 
The City Council establishes the fee for Transportation to be that fee identified in 
the referenced methodology. The Council may elect to discount the fee to permit 
a phasing schedule for implementing total fees, however, each year of the 
diminishment of the fee discount shall not be considered to be an increase as 
identified in state law. The cumulative cost of living increase shall be applied to 
total fees to the extent adopted by the City Council, and any phasing schedule 
may be modified by Resolution. 
3.30.040 Compliance with State Law. 
A. The revenues received from the Transportation System Development 
Charge shall be deposited in an account named “Transportation SDC 
Fund." This activity shall be budgeted and accounted for as provided by 
state law. 
B. The capital improvement plan required by state law as the basis for 
expending revenues from the improvement fees portion of the 
Transportation System Development Charge shall be the Grants Pass 
Urban Area Transportation Systems Development Charge Methodology), 
attached as Exhibit “1", which may from time to time be amended. 
3.30.041 Compliance with State Law; Special Area Transportation System 
Development Charge for Intersection Control and Improvement 
(Added by Ord. 5289, 2005) 
A. The revenues received from the Special Area Transportation System 
Development Charge for Intersection Control and Improvement 
Transportation shall be deposited in an account named “Redwood 
Intersection SDC Account." This activity shall be budgeted and accounted 
for as provided by state law. 
B. The capital improvement plan required by state law as the basis for 
expending revenues from the improvement fees for revenues derived from 
the Special Area Transportation System Development Charge for 
Intersection Control and Improvement may only be expended in accord 
with the adopted capital investment plan for such revenues. The Capital 
plan shall be adopted by Resolution accompanying this 
ordinance, and may be modified from time to time however; such 
modifications shall be made only following required notification and public 
hearing. 
3.30.042 Categories of Uses. 
The categories of development for the administration of the Transportation 
System Development Charge are as follows: 
A. Residential Development 
1. Single Family Residential shall mean a single family detached 
dwelling. This category shall include all single-family homes 
located on discrete properties, whether such units are modular, 
mobile, or constructed on site. This category shall apply to all 
housing units that meet the definitions of residential units as 
contained in Chapter 30 of the Grants Pass Development Code, 
regardless of age restrictions or considerations for “retirement” or 
similar criteria. Any Boarding house, bed and breakfast, rooming 
house, or similar use with five or fewer bedrooms shall be 
considered a single-family unit. 
2. Multi-family means a building or buildings divided into more than 
one dwelling unit for the purpose of renting for occupancy as 
defined in Chapter 30 of the Grants Pass Development Code. The 
Multi-family category shall include all facilities auxiliary to the multifamily 
use including recreation rooms, common dining facilities, 
swimming pools, laundry or other facilities designed for exclusive 
use by the occupants of the multi-family development. All System 
Development Charges for multi-family shall be on the basis of 
number of units provided all auxiliary facilities are for the use of the 
residents. Facilities included with multifamily developments that 
are for public use shall be treated as a mixed use, and such 
facilities will have fees determined by their category of use. The 
category of multifamily shall include “residential facilities,” “group 
quarters,” ”group care homes” (except those for the elderly), and 
“transient quarters” as defined in the Grants Pass Development 
Code. 
3. Condominium and Mobile Home Park category shall include both 
condominium developments and mobile home parks. 
Condominiums shall include all structures that contain dwelling 
units within single or multiple buildings where space is 
independently sold to independent occupancies, including any 
auxiliary and recreational uses intended for the residents of the 
facility. Mobile Home parks and manufactured dwelling parks as 
defined in the Grants Pass Development Code are included in this 
category, and shall be as defined by the Oregon Statute, including 
all auxiliary facilities identified for the use of occupants of the 
mobile home park. 
4. Elderly Care Facilities include congregate care facilities with 
limited medical assistance, nursing homes where residents are 
unable to care for themselves without supervised medical 
assistance, convalescent homes, chronic care facilities, and 
facilities for the terminally ill shall all be classified in this category. 
Senior and retirement facilities for independent living that do not 
include group meals, supervised medical assistance, and are 
characterized by occupants that independently operate motor 
vehicles shall be categorized as multi-family developments. Where 
a mixed use facility includes independent living facilities along with 
nursing, congregate, and medically supervised facilities, designed 
and limited to the elderly, defined as those ages 55 or greater, all 
units in the facility shall be considered in this category. Unit as 
defined in this category shall be either a Abed@ for nursing and 
similar facilities, or a dwelling area such as an apartment for semiindependent 
living arrangements. 
B. Business Development 
1. General Office includes all non-retail office uses engaged in the 
provision of service or professional assistance, with the exception 
of medical offices housing professional medical care providers that 
provide direct patient consultation, or non-profit social services as 
defined in this Code. This category includes such services as 
financial, insurance, internet services, engineering, accounting, 
research, management, investing, legal, recreational and 
amusement services, utility customer service areas, and similar 
types of uses. This category will be utilized for any non-designated 
office building structures that cannot be utilized for purposes of 
retail as defined in this Code. 
2. Medical Office includes all office areas that house physicians, 
dentists, optometrists, chiropractors, practical nurses, hearing 
specialists, or similar care providers that rely on patient visitation for 
the provision of care. The medical office category shall include 
clinics, emergent care facilities that provide routine treatment for 
patients, outpatient surgical care facilities, and similar facilities. 
Medical care providers that do not accommodate direct patient 
visitation shall be classified as general office. 
3. Hospital is an institution where medical or surgical care is given to 
patients and overnight accommodations are provided. Hospital 
does not include medical clinics, nursing homes or congregate care 
facilities as defined in this Code. Medical care offices located 
within the same building as a hospital shall be independently 
classified using the mixed use approach, identifying the office areas 
as a medical office, inclusive of waiting areas, reception, and 
examining rooms associated with the provision of individual patient 
care. 
4. Retail/ Commercial is the general category that will be utilized for 
all commercial enterprises that do not fit logically into any other 
category defined in this Code. Retail/General Commercial includes 
all enterprises that sell merchandise directly to the public, except 
automobile related sales that are independently classified in this 
Code. This category is intended to include any intended land use 
that is engaged primarily in selling merchandise for personal or 
household consumption and rendering services which are 
incidental to the sale of the goods. Business development in this 
category are engaged in activities to attract the general public to 
buy; they may process their products, but such processing in 
incidental or subordinate to the selling of the product. This 
category includes establishments identified as wholesale, who limit 
sales to other dealers or institutions unless such establishments 
can be classified as warehouse or manufacturing facilities in this 
Code. This category includes restaurants, markets, grocery 
facilities, furniture, lumber, plumbing, electrical, paint, glass, 
wallpaper, stationery, and convenience stores. Retail/General 
Commercial for purposes of this ordinance shall include 
recreational facilities that offer training, classes, swimming, weight 
training, or similar recreational activities. The categorization of 
retail uses are established by relative traffic generation in accord 
with the Institute of Transportation Engineers, Trip Generation 
Handbook, in the latest available addition. 
a. Minor Traffic Retail/ Commercial is a category of uses that 
generate between 5 and 25 trip ends per thousand square 
feet of building area as defined in the Trip Generation 
Manual. Uses characteristic of this category include 
furniture stores, toy/children=s superstore, wholesale 
market, recreational facilities, wholesale nursery. 
b. General Retail/Commercial is a category of uses that 
generate between 25.1 and 89 trip ends per thousand 
square feet as defined in the ITE Trip Generation Handbook. 
This includes shopping centers, pharmacies, lumber stores, 
super stores and discount stores, specialty retail, paint store, 
home improvement stores, retail nursery or garden center. 
Neighborhood commercial small groceries and convenience 
that are designed to serve only the neighborhood in which 
they are located, and are physically located on a roadway 
classified in the master transportation plan as local collector 
or below, and are contained within a neighborhood 
commercial zone, are included in this category. 
c. Moderate Traffic Retail/Commercial is a category of uses 
that generate between 89.1 and 186 trip ends per thousand 
square feet as defined in the ITE Trip Generation Manual. 
Uses typical of this category include, grocery stores (free 
standing), convenience stores located on a collector or 
arterial roadway, movie theaters, gas stations. (Ord. 5196, 
2003) 
d. High Traffic Retail/Commercial is a category of uses that 
generate more than 186 trip ends per thousand square feet 
as defined in the ITE Trip Generation Manual. The typical 
uses include bank drive in facilities and fast food outlets. All 
convenience stores located outside of neighborhood 
commercial zones will be classified as moderate traffic retail 
in accord with this Code. Drive through prepared beverage 
facilities shall be categorized as high traffic retail in this 
category. 
5. Automobile Sales is the active use of land and buildings for the 
sale or resale of automobiles, trucks, or recreational vehicles, 
whether new or used. 
6. Hotel/Motel is a commercial lodging facility providing sleeping 
accommodations to the general public. Restaurants or 
restaurant/lounges which are associated with these establishments 
and are open to the general public will be classified separately as 
retail/commercial. Boarding houses, bed and breakfasts, rooming 
houses, and similar uses with six or more bedrooms shall be 
included in this category. 
7. Non Profit category includes churches, social service providers, 
and fraternal organizations that meet the Internal Revenue Service 
standards for charitable or eleemosynary status. This category will 
not be available for not-for-profit organizations that offer 
retail/commercial, hospital, or restaurant facilities that are retail in 
character when such uses are not directly physically connected in 
the same building with the primary social service or eleemosynary 
purpose of the non-profit. This category includes churches, 
synagogues, temples, classrooms associated with such institutions, 
whether or not occupied daily, dining facilities, day care or similar 
uses within a single structure. This category also includes fraternal 
lodges, clubhouses, recreation, meeting rooms, and entertainment 
facilities. The gross floor area of the entire facility shall be used to 
calculate fees for such institutions, provided however, that any 
restaurant or lounge routinely open to the public will we treated as a 
retail/commercial as defined in this Code. 
8. Industrial category shall include establishments engaged in the 
creation of new products or the storage and distribution of 
materials. Uses included in this category include construction 
contracting areas, manufacturing, warehousing, mini-warehouses, 
and utility maintenance facilities. 
C. Government Facility category includes facilities used primarily in the 
administration of state or federal government. Local governmental facilities 
are exempt under this Code. Local government for this Code includes 
school districts, county governmental facilities, city facilities, and facilities 
owned and operated by special districts formed under Oregon Law as 
local governments, or any Chapter 190 combination governmental entity 
controlled by local governments. Examples of governmental facilities that 
are not exempt under this Code include a freestanding post office or 
postal service center, administrative offices for state agencies, and similar 
facilities. 
3.30.045 Adoption of Trip Calculation Data 
The following chart of trip generation data and the adoption of the local standards for 
trip generation calculation is adopted as the standard for calculation of System 
Development Charges for Grants Pass. The Group Rate identified in the attached chart 
is the number of trips that is assigned in this Code to all uses within the category. (Ord. 
5196, 2003). (See Res. 4917: “The rate trip end is adjusted to $259. The trip end rate 
will not affect fees charged until 01-01-07”) 
Group 
Uses Included 
Range of Trips 
Average 
of Trips 
Group 
Rate 
Single Family 
Residential 
Single family residential 
9.57/home 
9.57 
9.57/unit 
Multi Family 
Residential 
Multi family residential, 
defined care facilities 
6.63/unit 
6.63 
6.3/unit 
Condominiums, 
Mobile Home Park 
Res. Condos, Mobile home 
4.81 to 5.86/unit 
5.33 
5.1/unit 
Elderly Care 
Facilities 
Nursing homes, elderly 
congregate care 
2.15 to 2.51/unit 
4/1000 ft 
2.33 
2.25/unit or 
4/1000 ft 
General Office 
General office, corp. office, 
office park, research park, 
single tenant office 
7.7 to 
11.5/1000/ft 
9.9 
10/1000 ft. 
Medical Office 
Medical/Dental, clinic 
31 to 36/1000 ft 
33 
24/1000 ft 
Hospital 
Hospital 
16.78/1000 ft 
16.78 
16/1000 ft 
Minor Traffic 
Retail/Commercial 
Furniture store, toys, whole 
sale, nursery, recreation 
facility 
5 to 29/1000/ft 
15 
6/1000 ft 
General 
Retail/Commercial 
Shopping center, home imp, 
electronics, toys, clothing, 
pharmacy, lumber, super 
store, specialty retail, paint 
store, casino 
26 to 88/1000/ft 
48 
36/1000 ft 
Moderate Traffic 
Retail/Commercial 
Grocery, video, restaurant, 
grocery, convenience stores, 
movie theaters, gas station 
90 to 186 
126 
48/1000 ft 
High Traffic Retail 
Fast food, drive through bank 
496/1000 ft 
496 
96/1000 ft 
Automobile Sales 
New car sales, used car sales, 
recreational vehicle sales 
16 to 62/1000 ft 
35 
24/1000 ft. 
Motel, Hotel 
Motel, hotel 
8.92 to 
9.11/room 
9.0 
9/unit 
Non-profit 
Offices, church, day care 
9.11 to 79/ 1000 
ft 
44 
6/1000 ft 
Industrial 
Heavy, Light, Industrial Park, 
Manufacturing, Warehouse, 
Mini-warehouse 
1.5 to 6.97/1000 
ft 
4.5 
4.5/1000 ft 
Government 
Facility 
Post Office, government office 
69 to 166/1000 ft 
114 
48/1000 ft 
3.30.047 Principles of Categorization. 
A. The use of categories of development is based on the representation of 
the developer or principal owner of interest in a project at the time a 
project is proposed or altered to a sufficient extent to require a building or 
development permit in accord with the Grants Pass City Development 
Code. 
1. In assigning categories of use during the building permit process or 
the development process the City shall rely on the representation of 
the principal owner or developer of the project on the intended 
uses, so long as such uses are permitted in the Development 
Code. 
2. Each building is categorized based on the primary activity of the 
establishment that will, or does, occupy the building or site. The 
primary activity will be established by the relative number of 
transactions or visits from the general public rather than the volume 
of sales or dollars. 
3. Where distinct and separate economic activities are performed at a 
single physical location, or in a single building, each activity may be 
treated as a separate establishment and independently categorized 
if such activity constitutes an impact of 50 or more traffic trip ends 
per day in accord with the classification system adopted in this 
Code. 
4. Incidental uses within a building or site shall be determined on the 
basis of the nature of the business as a whole rather than the 
specific use of a particular portion of the building or site. As 
examples, an office in a retail store shall all be classified retail, the 
shipping and receiving area of a retail outlet that is predominantly 
retail shall all be classified retail. Similar incidental uses shall all be 
classified in accordance with the primary use of the building or site. 
5. Free standing buildings and structures for which a development 
permit is required in Grants Pass City Development Code shall be 
categorized directly in the category of use as defined in this Code. 
When such a use is combined with six or more independently 
owned and operated enterprises, it shall be a shopping center, 
even if those independently owned and operated businesses are 
contained in leased area within a single structure, unless such 
buildings are exclusively for use as office space or in the exclusive 
ownership of governmental, non-profit, or eleemosynary 
organizations, in which case they shall be classified as office, 
government, or non-profit respectfully. 
6. 
Occupancy or change of occupancy shall not create liability under 
this Code unless such change of occupancy requires a building 
permit or development permit in accord with the Grants Pass City 
Development Code. 
7. 
Free standing uses operated by non-profit organizations as defined 
in this Code that are not physically attached to the primary location 
of service provision shall be classified by their intended functional 
use. As an example, a day care constructed and operated by a 
Church at a site other than the church primary location shall be 
classified as a day care and charged the fee for day care. 
8. 
Outside sales areas, as defined in the Grants Pass City 
Development Code and otherwise permitted in the appropriate 
zone, will not be included in the calculation of square footage for 
this Code. 
3.30.048 Calculation of Charges 
All developments as defined in this ordinance and subject to the transportation 
system development charge shall be established in one or more categories in 
accordance with this Code. The adopted group rate identified for that category 
shall be utilized as the number of trips for that category of use, by square 
footage, residential units, or other methodology adopted. The group rate is 
multiplied by the square footage, unit number or other applicable indicator, the 
product of which is multiplied by the cost per trip adopted by Resolution of the 
City Council. 

A. 
Whenever reference is made to square footage, it shall apply to gross 
square footage of the building or development. 
B. 
Where two potential rates may be applied to a single category such as 
elderly care facilities, the calculations shall be made utilizing both 
methods, and the lesser of the two fees established as the applicable fee 
for the development. 
C. 
Mixed use developments shall have each discrete use calculated in 
accordance with this Code. The total System Development Charge shall 
be the sum of each category of use. 
D. 
Where categories are not clear the City shall identify the most similar 
category and the rationale for such a determination. Any aggrieved party 
may utilize the appeal procedures of this Code to seek adjustments or 
change as identified in this Code. 

3.30.049 
Calculation of Charges for Special Area Transportation System 
Development Charge for Intersection Control and Improvement 
(Added by Ord. 5289, 2005) 
All provisions of 3.30.048 shall apply to properties within the boundaries of the special 
area transportation system development charge. In addition to all charges calculated in 
accord with 3.30.048, an identical method will be utilized to calculate charges applicable 
within the special area boundary. The rate per traffic trip generated in accord with the 
referenced chapter shall be the rate adopted by the City Council by resolution for the 
special transportation area of intersection control and improvement, and shall be in 
addition to all charges incurred under the provisions of the transportation system 
development charge. 

3.30.050 
Collection of Charge. 
A. 
The Transportation System Development Charge is due and payable upon 
issuance of a building permit, or prior to occupancy, for the following: 
1. 
New on-site residential construction or expansion which creates 
additional residential units. 
2. 
Any construction creating or expanding residential units for more 
than four families, which requires the issuance of a Development 
Permit. 
3. 
Any construction which creates a new business building, which 
required the issuance of a Development Permit. 
4. 
Any construction which expands or remodels a business building, 
which includes an increase in the number of vehicle trips which will 
be generated and which required the issuance of a Building Permit 
or Development Permit. Only those newly created vehicle trips will 
be used to generate the Transportation System Development 
Charge. 
B. 
The Transportation System Development Charge is due and payable upon 
issuance of the first manufactured home placement permit granted upon 
an individual building lot. 
C. 
In the case of a manufactured dwelling park or mobile home park, fifty 
percent (50%) of the Transportation System Development Charge shall be 
due and payable for all spaces in the manufactured home park at the time 
land use approval is granted. The remaining balance of the 
Transportation System Development Charge shall be due and payable at 
the time the placement permit is granted for each space. 
D. 
The owner(s) of vacant lots or spaces within an existing manufactured 
home park that has received all necessary land use approvals prior to 

October 15, 1999, shall pay a Transportation System Development 
Charge of 100% of the applicable Transportation System Development 
Charge for each space at the time the placement permit is granted for that 
lot or space. 

E. 
If a development is commenced without appropriate permit, the 
Transportation System Development Charge is immediately payable. 
F. 
The City Building Official shall collect the Transportation System 
Development Charge 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 development occurs or any person 
having received benefit from the development. The Building Official shall 
not issue any permit or allow construction described in Section 3.30.050 
until the charge has been paid, or arrangements for payment made. 
G. 
The conversion of existing buildings from one use to another shall require 
the payment of a transportation system development charge only if the 
new use is required to obtain a building permit or development permit prior 
to occupancy and the new use will increase the traffic movements and 
impacts when compared to the prior use. Such conversions shall be 
required to pay only the incremental increase in traffic impacts in accord 
with the classification of the proposed use and the utilization that was 
either in effect October 15, 1999, or for which an SDC has been previously 
paid. 
H. 
Where a structure which is benefited by transportation capital 
improvements is destroyed or removed, no Transportation System 
Development Charge shall be imposed for the replacement of the 
structure, provided however, to the extent that any replacement expands, 
alters, or increases traffic volumes, an incremental fee as described in this 
Code shall be due and payable. 
I. 
The Transportation System Development Charges may be subject to the 
payment in installments under the provisions of the Bancroft Bonding Act 
of the State of Oregon. 
3.30.051 
Collection of Charge for Special Area Transportation System Development 
Charge for Intersection Control and Improvement. 
(Added by Ord. 5289, 2005) 
A. 
The Special Area Transportation System Development Charge is due and 
payable upon issuance of a building permit for any property within the 
defined boundaries of the special area, or prior to occupancy, for the 
following: 
1. 
New on-site residential construction or expansion which creates 
additional residential units. 
2. 
Any construction creating or expanding residential units for more 
than four families, which requires the issuance of a Development 
Permit. 
3. 
Any construction which creates a new business building, which 
required the issuance of a Development Permit. 
4. 
Any construction which expands or remodels a business building, 
which includes an increase in the number of vehicle trips which will 
be generated and which required the issuance of a Building Permit 
or Development Permit. Only those newly created vehicle trips will 
be used to generate the Transportation System Development 
Charge. 
B. 
The Special Area Transportation System Development Charge for 
Intersection Control and Improvement is due and payable upon issuance 
of the first manufactured home placement permit granted upon an 
individual building lot. 
C. 
In the case of a manufactured dwelling park or mobile home park, fifty 
percent (50%) of the Special Area Transportation System Development 
Charge for Intersection Control and Improvement shall be due and 
payable for all spaces in the manufactured home park located within the 
boundaries of the special area at the time land use approval is granted. 
The remaining balance of shall be due and payable at the time the 
placement permit is granted for each space. 
D. 
The owner(s) of vacant lots or spaces within an existing manufactured 
home park located within the special area that has received all necessary 
land use approvals prior to April 21, 2005, shall pay a Special Area 
Transportation System Development Charge for Intersection Control and 
Improvement of 100% of the applicable for each space at the time the 
placement permit is granted for that lot or space. 
E. 
If a development is commenced without appropriate permit within the 
boundaries of the special area, the charge is immediately payable. 
F. 
The City Building Official shall collect the Special Area Transportation 
System Development Charge for Intersection Control and Improvement for 
all lands within the special area 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 development occurs or any 
person having received benefit from the development. The Building 
Official shall not issue any permit or allow construction described in 
Section 3.30.050 until the charge has been paid, or arrangements for 
payment made. 
G. 
The conversion of existing buildings from one use to another within the 
boundaries of the special area shall require the payment of a 
transportation system development charge for intersection control and 
improvement only if the new use is required to obtain a building permit or 
development permit prior to occupancy and the new use will increase the 
traffic movements and impacts when compared to the prior use. Such 
conversions shall be required to pay only the incremental increase in 
traffic impacts in accord with the classification of the proposed use and the 
utilization that was either in effect April 21, 2005, or for which an SDC has 
been previously paid. 
H. 
Where a structure which is benefited by transportation capital 
improvements is destroyed or removed, no Charge shall be imposed for 
the replacement of the structure, provided however, to the extent that any 
replacement expands, alters, or increases traffic volumes, an incremental 
fee as described in this Code shall be due and payable. 
I. 
The Special Area Transportation System Development Charge for 
Intersection Control and Improvement may be subject to the payment in 
installments under the provisions of the Bancroft Bonding Act of the State 
of Oregon. 
3.30.060 Exemptions. 
A. 
Exemptions to the Transportation System Development Charge are as 
follows: 
1. 
All pending building/placement permit applications for existing lots 
of record submitted prior to October 15, 1999 
2. 
All existing structures for which a building/placement permit has 
been issued and which were established and existing prior to 
October 15, 1999. 
3. 
Garages (attached or detached), and other detached non-habitable 
accessory buildings. 
4. 
All local governments. Local government for this Code includes 
school districts, county governmental facilities, city facilities, and 
facilities owned and operated by special districts formed under 
Oregon Law as local governments, or any Chapter 190 combination 
governmental entity controlled by local governments. 
B. 
Any development which is exempt from the Transportation System 
Development Charge by reason of its intended use shall lose such 
exemption immediately upon a change in use to a type of development 
which is not exempt from the Transportation System Development Charge 
obligation. Upon such loss of exemption, the Transportation System 
Development Charge shall be immediately due and payable upon the 
entire development which was previously exempt when any action is taken 
with the structure that requires the issuance of a building or development 
permit. 

3.30.061 
Exemptions For Special Area Transportation System Development 
Charge for Intersection Control and Improvement. 
(Added by Ord. 5289, 2005) 
A. 
Exemptions to the Special Area Transportation System Development 
Charge for Intersection Control and Improvement are as follows: 
1. 
All pending building/placement permit applications located within 
the special area for existing lots of record submitted prior to April 
21, 2005. 
2. 
All existing structures located within the special area for which a 
building/placement permit has been issued and which were 
established and existing prior to April 21, 2005. 
3. 
Garages (attached or detached), and other detached non-habitable 
accessory buildings. 
4. 
All local governments. Local government for this Code includes 
school districts, county governmental facilities, city facilities, and 
facilities owned and operated by special districts formed under 
Oregon Law as local governments, or any Chapter 190 combination 
governmental entity controlled by local governments. 
B. 
Any development which is exempt from the Special Area Transportation 
System Development Charge for Intersection Control and Improvement by 
reason of its intended use shall lose such exemption immediately upon a 
change in use to a type of development which is not exempt from the 
charge obligation. Upon such loss of exemption, the charge shall be 
immediately due and payable upon the entire development which was 
previously exempt when any action is taken with the structure that 
requires the issuance of a building or development permit. 
3.30.070 
Credits. 
A. 
Subject to the approval by the City Council, the City of Grants Pass may 
grant a credit against the Transportation System Development Charge for 
the contribution of construction or land or both for any qualified public 
improvements. 
1. 
Prior to issuance of a building or development permit, the applicant 
may submit to the City, a proposed plan and estimate of value of 
land or construction or both which the applicant desires to 
contribute to the City as a full or partial offset to a cash payment for 
a Transportation System Development Charge. The proposal shall 
include all of the following: 

a. 
A designation of the development for which the proposed 
plan is being submitted; and 
b. 
A legal description of any land proposed to be contributed 
and a written appraisal based on comparable sales of similar 
property between unrelated properties; and 
c. 
A time schedule for completion of the plan. 
2. 
The principle factors the City will use to determine the eligibility and 
value of a proposal as a credit against a Transportation System 
Development Charge shall include but are not limited to the 
following: 
a. 
The size and location of the improvement; and 
b. 
The cost of maintenance; and 
c. 
The extent to which the proposal satisfies capital 
improvement requirements identified in the Grants Pass 
Urban Area Master Transportation Plan (adopted 1997); and 
d. 
The extent to which the proposed improvements are in 
excess of those required as a condition of land use approval. 
3. 
If the City Council approves the proposed contribution, it shall 
establish the amount to be allowed as a credit to the Transportation 
System Development Charge. The credit can only be applied to 
the current development including all phasing. 
4. 
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 Transportation System 
Development Charge charges. Any difference between the amount 
paid and the amount credited shall be refunded to the applicant up 
to but not exceeding the amount of the Transportation System 
Development Charge. 
5. 
The decision of the City Council 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. 
B. 
The City Manager shall be responsible for all recording and accounting 
associated with the distribution of credits. 
3.30.071 
Credits for The Special Area Transportation System Development Charge 
for Intersection Control and Improvement . (Added by Ord. 5289, 2005) 
A. 
Subject to the approval by the City Council, the City of Grants Pass may 
grant a credit against the Charge for the contribution of construction or 
land or both for any qualified public improvements. 
1. 
Prior to issuance of a building or development permit, the applicant 
may submit to the City, a proposed plan and estimate of value of 
land or construction or both which the applicant desires to 
contribute to the City as a full or partial offset to a cash payment for 
the Special Area Transportation System Development Charge. The 
proposal shall include all of the following: 
a. 
A designation of the development for which the proposed 
plan is being submitted; and 
b. 
A legal description of any land proposed to be contributed 
and a written appraisal based on comparable sales of similar 
property between unrelated properties; and 
c. 
A time schedule for completion of the plan. 
2. 
The principle factors the City will use to determine the eligibility and 
value of a proposal as a credit against a Special Area 
Transportation System Development Charge shall include but are 
not limited to the following: 
a. 
The size and location of the improvement; and 
b. 
The cost of maintenance; and 
c. 
The extent to which the proposal satisfies capital 
improvement requirements identified in the Resolution 
establishing the Capital Facilities for the Special Area 
Transportation System Development Charge for Intersection 
Control and Improvement, and 
d. 
The extent to which the proposed improvements are in 
excess of those required as a condition of land use approval. 
3. 
If the City Council approves the proposed contribution, it shall 
establish the amount to be allowed as a credit to the Charge. The 
credit can only be applied to the current development including all 
phasing, and in no event shall any credit applicable to the special 
area transportation system development charge for intersection 
control and improvement be transferable to any development 
exterior to the boundaries of the defined special area. 
4. 
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 charges. Any 
difference between the amount paid and the amount credited shall 
be refunded to the applicant up to but not exceeding the amount of 
the charge incurred under the terms of the Special Area 
Transportation System Development Charge for Intersection 
Control and Improvement. 
5. 
The decision of the City Council 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. 
B. 
The City Manager shall be responsible for all recording and accounting 
associated with the distribution of credits. 
3.30.080 Appeal Procedures. 
A. 
Parties challenging the methodology for establishing the Transportation 
System Development Charge must appeal the methodology by filing a 
Notice of Appeal with the City Manager 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. The filing of such an appeal 
shall temporarily stay the payment of any Transportation System 
Development Charge until the appeal is determined upon determination of 
the appeal and subject to legal action pursuant to ORS 233.304(5). All 
Transportation System Development Charges due as a result of 
developments occurring subsequent to the effective date of this ordinance, 
and not otherwise exempt, shall be immediately due and payable. 
B. 
An appeal of an expenditure must be filed with the City Manager within 
two years of the date of alleged improper expenditure. Appeals of any 
other decision must be filed within 14 days of the final determination of the 
transportation system development charge in the building permit, mobile 
home park authorization, or other final permit authorization for a 
development to proceed. Prior to the formal appeal provisions of this 
Code, any applicant may file a written request for re-determination with the 
Director of Community Development. Such a request may be filed without 
fee, and shall result in the written determination by the Director of the 
category of use and determination of fee for any development subject to 
this Code. Any party still aggrieved may pursue the further appeal 
described in this Code. 
C. 
An appeal fee, established by Council resolution, shall accompany all 
appeals of Transportation System Development Categorization or Trip 
Calculation, or expenditures from the Transportation SDC Fund account. 
D. 
The Notice of Appeal shall state: 
1. 
The name and address of the applicant; and 
2. 
The address or tax lot of the subject property; and 
3. 
The nature of the determination being appealed; and 
4. 
If issued, the date the building/placement permit or development 
permit was issued; and 
5. 
If paid, the date the Transportation System Development Charge 
was paid and the amount of payment; and 
6. 
A detailed description of the reasons the determination is incorrect; 
and 
7. 
A detailed description of what the correct determination of the 
system development charge should be. 
An applicant who fails to correctly file an appeal within the time permitted 
waives the objections and the appeal shall be dismissed. 

E. 
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 7 
days prior to the hearing, the City shall mail notice of the time and location 
thereof to the appellant. No further public notification shall be required. 
F. 
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. This is not a land use action. 
G. 
The appellant shall carry the burden of proving that the determination 
being appealed is incorrect and what the correct determination should be. 
H. 
The City Council shall issue a written decision within 20 days after the 
hearing date and that decision shall be final. The Council may affirm, 
amend, modify, or reverse the determination being appealed, with such 
findings adopted by resolution of the City Council. The City Council may 
increase, decrease, or make no changes in the categorization, calculation, 
or application of the Transportation System Development Charge. 
I. 
The decision of the City Council shall be final. 
3.30.081 
Appeal Procedures for the Special Area Transportation System 
Development Charge for Intersection Control and Improvements. 
(Added by Ord. 5289, 2005) 
A. 
Parties challenging the methodology for establishing the Special Area 
Transportation System Development Charge for Intersection Control and 
Improvements must appeal the methodology by filing a Notice of Appeal 
with the City Manager within 60 days of passage of the Ordinance 
adopting the provisions for the Special Area Transportation System 
Development Charge for Intersection Control and Improvements. Such 
appeals shall describe with particularity the portion of the methodology, 
calculations or assumptions which are being asked for reconsideration. 
The filing of such an appeal shall temporarily stay the payment of any 
charge until the appeal is determined upon determination of the appeal 
and subject to legal action pursuant to ORS 233.304(5). All charges due 
as a result of developments occurring subsequent to the effective date of 
this ordinance, and not otherwise exempt, shall be immediately due and 
payable. 
B. 
All other appeal procedures contained in 3.30.080 shall apply to the 
Special Area Transportation System Development Charge for Intersection 
Control and Improvements in the same manner as if fully enumerated 
herein. 
C. 
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. This is not a land use action. 
3.30.090 Construction. 
The rules of statutory construction contained in ORS Chapter 174 are adopted 
and by this reference made a part of this Chapter. 

3.30.100 Prohibited Construction. 
No development, modification of existing buildings or enterprises, or 
intensification of use creating 50 or more traffic movements per day may be 
made unless the applicable provisions of this Code have been met, and 
applicable Transportation System Development Charges paid. 

3.30.110 Severability. 
The invalidity of a portion of this Chapter shall not affect the validity of the 
remainder. 

This Chapter has been amended by Ord. 5101, 2002. 
This Chapter has been amended by Res. 4805, 2004. 
This Chapter has been amended by Res. 4917, 2005. 

Chapter 3.40 

PARKS SYSTEM DEVELOPMENT CHARGE 
Sections: 

3.40.010 Findings. 
3.40.020 Definitions. 
3.40.030 Parks System Development Charge Established. 
3.40.040 Compliance with State Law. 
3.40.050 Collection of Charge. 
3.40.060 Exemptions. 
3.40.070 Credits. 
3.40.080 Appeal Procedures. 
3.40.090 Construction. 
3.40.110 Prohibited Construction. 
3.40.120 Severability. 
3.40.200 Annual Adjustments for System Development Charges. 
3.40.010 Findings. 
A. 
The Parks System Development Charge (SDC) 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 residential and 
business development which requires essential municipal services based 
upon the nature of the development. The timing and the extent of 
development is within the control and discretion of the developer. 
B. 
The Parks SDC imposed in this Chapter is not a tax on property or on a 
property owner as a direct consequence of ownership of property within 
the meanings of Section II.b., Article XI of the Oregon Constitution or the 
legislation implementing that section. The Parks SDC is not a fee 
supplanting any property tax based system as envisioned in Article XI of 
the Oregon Constitution. 
C. 
If the Parks SDC herein imposed is viewed under Section II.b., Article 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: 
1. 
It allows the owner to control the quantity of the service by 
determining the extent of development to occur upon the property. 
2. 
It allows the owner to determine when the service is to be initiated 
or increased by controlling when the development occurs. 
3. 
State law and the Ordinances of the City of Grants Pass 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. 
D. 
Among the basic services required of every property with a structure 
designed for human occupancy (except ancillary buildings) are parks, 
open space, recreation facilities, and trails. 
E. 
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. 
F. 
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 development. 
A Parks SDC is to be considered in the nature of a charge for 
consumption of existing capacity and a service to be rendered. 
G. 
The Parks SDC is an incurred charge for the acquisition and capital 
development of the park, trail, open space, and recreation system. This is 
a new program to protect the capacity for current and future users of this 
system and as such does not represent a product or service that was 
wholly or partially paid for by Ad Valorem taxes on June 30, 1995 or 
thereafter. No shift, transference, or conversion of programs previously 
financed by property tax will occur. 
H. 
In accord with those findings, no public vote is required for the adoption of 
this Parks SDC. 
3.40.020 Definition. 
A. 
As used in this Chapter, except where the context otherwise requires, the 
words and phrases have the following meaning: 
1. 
"Development" means a development which thereby increases the 
use of any parks or which creates the need for additional parks. 
2. 
"Residential Development" means any development designed to be 
occupied by a family or individual for living and sleeping. May or 
may not include cooking and eating facilities. 
3. 
"Business Development" means a building designed for use by a 
commercial or industrial business. 
4. 
"Parks Capital Improvement(s)" means all City parks, trails, open 
space, and recreation centers which are used or designed for 
recreational purposes including real property acquired for 
ownership, access, or use for current or future expansion or 
creation of parks, trails, or open space. 
5. 
"Parks System Development Charge (Parks SDC)" means a fee 
for costs associated with parks capital improvements acquired, 
which is assessed or collected at any of the times specified in 
Section 6.47.050. 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. 
"Qualified Public Improvements" means a capital improvement that 
is identified in the Grants Pass Park and Recreation Master Plan 
adopted which may from time to time be amended. 
3.40.030 Parks System Development Charge Established. 
A. 
Effective June 30, 1997, a Parks System Development Charge is hereby 
imposed upon all development within the corporate limits of the City of 
Grants Pass/Josephine County. 
B. 
Immediately upon execution or modification of an intergovernmental 
agreement between the City of Grants Pass and Josephine County, which 
provides for the collection and distribution of this Parks System 
Development Charge, said charge will also be imposed upon all 
development within the unincorporated Urban Growth Boundary of the 
City of Grants Pass. 
C. 
The fee imposed as a Parks System Development Charge shall be 
established and amended from time to time by City Council resolution, 
said fee not shifting, transferring or converting any governmental product 
or service wholly or partially financed from ad valorem taxes. 
(This Chapter has been amended by Res. 4805, 2004) 

3.40.040 Compliance with State Law. 
A. 
The revenues received from the Parks System Development Charge shall 
be deposited in an account named "Parks Land Activity." This activity 
shall be budgeted and accounted for as provided by state law. 
B. 
The capital improvement plan required by state law as the basis for 
expending revenues from the improvement fees portion of the Parks 
System Development Charge shall be the Grants Pass Parks and 
Recreation Master Plan (1984) which may from time to time be amended. 
3.40.050 Collection of Charge. 
A. 
The Parks System Development Charge is due and payable upon 
issuance of a building permit for the following: 
1. 
New on-site residential construction or expansion which creates 
additional residential units. 
2. 
Any construction creating or expanding residential units for more 
than four families, which requires the issuance of a Development 
Permit. 
3. 
Any construction which creates a new business building or enlarges 
a business building, which required the issuance of a Development 
Permit. 
B. 
The Parks System Development Charge is due and payable upon 
issuance of the first manufactured home placement permit granted upon 
an individual building lot. 
C. 
In the case of a manufactured home park, fifty percent (50%) of the Parks 
System Development Charge shall be due and payable for all spaces in 
the manufactured home park at the time land use approval is granted. 
The remaining balance of the Parks System Development Charge shall be 
due and payable at the time the placement permit is granted for each 
space. 
D. 
The owner(s) of vacant lots or spaces within an existing manufactured 
home park that has received all necessary land use approvals prior to 
June 30, 1997, shall pay a Parks System Development Charge of 100% of 
the applicable Parks System Development Charge for each space at the 
time the placement permit is granted for that lot or space. 
E. 
If a development is commenced without appropriate permit, the Parks 
System Development Charge is immediately payable. 
F. 
The City Building Official shall collect the Parks System Development 
Charge 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 development occurs or any person having received benefit 
from the development. The Building Official shall not issue any permit or 
allow construction described in Section 6.47.050 until the charge has been 
paid in full. 
G. 
Where a structure which is benefited by parks capital improvements is 
destroyed or removed, no Parks System Development Charge shall be 
imposed for the replacement of the structure. 
H. 
The Parks System Development Charges may be subject to the payment 
in installments under the provisions of the Bancroft Bonding Act of the 
State of Oregon. 
3.40.060 Exemptions. 
A. Exemptions to the Parks System Development Charge are as follows: 
1. 
All pending building/placement permit applications for existing lots 
of record submitted prior to June 30, 1997. 
2. 
All existing structures for which a building/placement permit has 
been issued and which were established and existing prior to June 
30,1997. 
3. 
Garages (attached or detached), and other detached nonhabitable 
accessory buildings. 
4. 
All local, state and federal governments and political subdivisions. 
B. 
Any residential development which is exempt from the Parks System 
Development Charge by reason of its intended use shall lose such 
exemption immediately upon a change in use to a type of development 
which is not exempt from the Parks System Development Charge 
obligation. Upon such loss of exemption, the Parks System Development 
Charge shall be immediately due and payable upon the entire residential 
development which was previously exempt. 
3.40.070 Credits. 
A. 
Subject to the approval by the City Council, the City of Grants Pass may 
grant a credit against the Parks System Development Charge for the 
contribution of construction or land or both for any qualified public 
improvements. 
1. 
Prior to issuance of a building or development permit, the applicant 
may submit to the City, a proposed plan and estimate of value of 
land or construction or both which the applicant desires to 
contribute to the City as a full or partial offset to a cash payment for 
a Parks System Development Charge. The proposal shall include 
all of the following: 

a. 
A designation of the development for which the proposed 
plan is being submitted; and 
b. 
A legal description of any land proposed to be contributed 
and a written appraisal based on comparable sales of similar 
property between unrelated properties; and 
c. 
A time schedule for completion of the plan. 
2. 
The principle factors the City will use to determine the eligibility and 
value of a proposal as a credit against a Parks System 
Development Charge shall include but are not limited to the 
following: 
a. 
The size and location of the improvement; and 
b. 
The cost of maintenance; and 
c. 
The extent to which the proposal satisfies capital 
improvement requirements identified in the Parks and 
Recreation Master Plan; and 
d. 
The extent to which the proposed improvements are in 
excess of those required as a condition of land use approval. 
3. 
If the City Council approves the proposed contribution, it shall 
establish the amount to be allowed as a credit to the Parks System 
Development Charge. The credit can only be applied to the current 
development including all phasing. 
4. 
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 System 
Development Charge charges. Any difference between the amount 
paid and the amount credited shall be refunded to the applicant up 
to but not exceeding the amount of the Parks System Development 
Charge. 
5. 
The decision of the City Council 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. 
The City Manager shall be responsible for all recording and accounting 
associated with the distribution of credits. 

3.40.080 Appeal Procedures. 
Parties challenging the methodology for establishing the Parks System 
Development Charge must appeal the methodology by filing a Notice of 
Appeal with the City Manager 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. The filing of such an appeal shall temporarily 
stay the payment of any Parks System Development Charge until the 
appeal is determined upon determination of the appeal and subject to 
legal action pursuant to ORS 223.304(5). All Parks System Development 
Charges 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. 

An appeal of an expenditure must be filed with the City Manager within 
two years of the date of alleged improper expenditure. Appeals of any 
other decision must be filed within 14 days of the date of the decision. 

An appeal fee, established by Council resolution, shall accompany all 
appeals of Parks System Development Charges or expenditures from the 
Parks Lands Activity account. 

The Notice of Appeal shall state: 

1. 
The name and address of the applicant; and 
2. 
The address or tax lot of the subject property; and 
3. 
The nature of the determination being appealed; and 
4. 
If issued, the date the building/placement permit or development permit was 
issued; and 
5. 
If paid, the date the Parks System Development Charge was paid 
and the amount of payment; and 
6. 
A detailed description of the reasons the determination is incorrect; 
and 
7. 
A detailed description of what the correct determination of the 
appeal should be. 
An applicant who fails to correctly file an appeal within the time permitted 
waives the objections and the appeal shall be dismissed. 
B. 
A. 
B. 
C. 
D. 
E. 
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 7 
days prior to the hearing, the City shall mail notice of the time and location 
thereof to the appellant. 
F. 
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. 
G. 
The appellant shall carry the burden of proving that the determination 
being appealed is incorrect and what the correct determination should be. 
H. 
The City Council shall issue a written decision within 20 days after the 
hearing date and that decision shall be final. The Council may affirm, 
amend, modify, or reverse the determination being appealed. 
3.40.090 Construction. 
The rules of statutory construction contained in ORS Chapter 174 are adopted 

and by this reference made a part of this Chapter. 

3.40.100 Prohibited Construction. 
No development or intensification of use may be made unless the applicable 

Parks System Development Charge has been paid. 

3.40.110 Severability. 
The invalidity of a portion of this Chapter shall not affect the validity of the 

remainder. 

3.40.200__Annual Adjustments for System Development Charges. 

The City Council may annually adjust the System Development Charges for Parks 
Service. The method of adjustment will be the U. S. Bureau of Labor and Statistics, 
Cost of Living Index, CPI-U, All Cities, October publication. The City Council will 
consider a resolution annually to determine whether or not to apply a cost of living to the 
system development charges. The Council may elect to apply the cost of living index, 
modify to any level lower than the published index, or not to apply the index in any one 
year. The cost of living in any one-year shall not exceed a total of 2.5%. Action not to 
apply the index in any one year, or period of years, will not prohibit the Council from 
elected to apply the index in ensuing years. 

This Chapter was created by Ord. 5214, 2004 
Chapter 3.50


STORM WATER AND OPEN SPACE SYSTEM DEVELOPMENT CHARGE 

Sections: 

3.50.010 Findings. 
3.50.020 Definitions. 
3.50.030 Storm Drainage System Development Charge Established. 
3.50.040 Compliance with State Law. 
3.50.050 Identification of Storm Drainage Basins. 
3.50.060 Adoption of Calculation Data. 
3.50.070 Principles of Categorization. 
3.50.080 Calculation of Charges. 
3.50.090 Collection of Charge. 
3.50.100 Exemptions. 
3.50.110 Credits and Construction in Lieu. 
3.50.120 Appeal Procedures. 
3.50.130 Construction. 
3.50.140 Prohibited Construction. 
3.50.150 Severability. 
3.50.010 Findings. 
A. 
The Storm Drainage Water and Open Space System Development 
Charge (SDC) 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 residential and business development, which 
requires essential municipal services based upon the nature of the 
development. The timing and the extent of development are within the 
control and discretion of the developer. 
B. 
The Storm Water and Open Space SDC imposed in this Chapter is not a 
tax on property or on a property owner as a direct consequence of 
ownership of property within the meanings of Section II.b., Article XI of the 
Oregon Constitution or the legislation implementing that section. The 
Storm Water and Open Space SDC is not a fee supplanting any property 
tax based system as envisioned in Article XI of the Oregon Constitution. 
C. 
If the Storm Water and Open Space SDC herein imposed is viewed under 
Section II.b., Article 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: 
1. 
It allows the owner to control the quantity of the service by 
determining the extent of development to occur upon the property. 
2. 
It allows the owner to determine when the service is to be initiated 
or increased by controlling when the development occurs. 
3. 
State law and the Ordinances of the City of Grants Pass 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 is a routine obligation of the owner of the affected property 
and essential to the health and safety of the community. 
D. 
Among the basic services required of every property with a structure 
designed for human occupancy (except ancillary buildings) are storm 
water and open space facilities to accommodate and control rain water, 
snow melt, excess irrigation waters deposited on hard surfaces or 
otherwise running off of lands, and provision of open space treatment 
systems to assure the quality of runoff water returning to receiving 
streams. 
E. 
The Storm Water and Open Space SDC imposed in this Chapter is based 
upon the actual costs of developing a master plan for the provision of 
storm water and open space facilities in areas other than the Sand Creek 
Storm Drainage Basin, and are based on the combination of plan 
development and the actual costs of providing planned piping facilities and 
construction of capital improvements in the Sand Creek Basin, and does 
not impose charges on persons not receiving a service and imposing a 
burden upon the City's existing storm water and open space system. 
F. 
The Storm Water and Open Space 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 development. This SDC is a charge for the provision of 
required plan updates and the construction of planned facilities required to 
maintain service levels for storm water and open space facilities. 
G. The Storm Water and Open Space SDC is an incurred charge for the 
planning, acquisition and capital development of facilities to accommodate 
and control storm water runoff, directly associated open space, and water 
quality control facilities to clean surface water runoff prior to return to natural 
surface water conveyances. This is a new program to protect the capacity for 
current and future users of this system and as such does not represent a 
product or service that was wholly or partially paid for by Ad Valorem taxes on 
October 15, 1999, or thereafter. No shift, transference, or conversion of 
programs previously financed by property tax will occur. 
H. 
In accord with those findings, no public vote is required for the adoption of 
this Transportation SDC. 
3.50.020 Definitions. 
A. 
As used in this Chapter, except where the context otherwise requires, the 
words and phrases defined below have the meaning identified. For any 
definitions not complete or modified in this section, the general definitions 
of Chapter 30 of the Grants Pass Development Code apply. In cases of 
conflict, the specific provisions of this chapter will apply. 
1. 
"Development" means a development which thereby increases the 
use of any drainage facility or which creates the need for additional 
drainage facilities beyond those in place September 15, 2003, and 
shall be determined by the necessity for a building permit or a 
development permit. Any act defined as “development” in Article 
30.020 of the Grants Pass Development Code shall not apply to 
this section to the extent that the definition includes land division, 
partitions, rights of access, storage, drilling or any site alteration. 
2. 
"Residential Development" means any development designed to be 
occupied by a family or individual as defined in Article 30 of the 
Grants Pass Development Code for living and sleeping, and which 
may or may not include cooking and eating facilities. 
3. "Business Development" means a building designed for use by a 
commercial or industrial business. 
4. "Storm Water and Open Space Capital Improvement(s)" means all 
plan development as well as drainage facilities to accommodate and 
control storm water runoff, provide for open space associated with 
those drainage ways, and assure water quality for storm water 
returned to natural surface water systems. 
5. "Storm Water and Open Space System Development Charge (SWOS 
SDC)" means a fee for costs associated with storm water master plan 
updates or capital improvements acquired, which is assessed or 
collected at any of the times specified in Section 3.50.080. SWOS 
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. "Qualified Public Improvements" means the creation of a storm water 
master plan and shall include the construction of capital improvements 
identified in the Sand Creek Basin and enumerated in the revised 
Master Storm Drainage Facilities and Management Plan for the Grants 
Pass Urban Growth Boundary Area as originally prepared by H.G.E, 
Inc. and adopted in 1983. 
3.50.030 Storm Water and Open Space System Development Charge Established. 
A. 
Effective March 1, 2004, a Storm Water and Open Space System 
Development Charge is hereby imposed upon all development within the 
City Limits of the City of Grants Pass, Josephine County, as defined in this 
code. 
B. 
Said charge will also be imposed upon development in accord with this 
code within the unincorporated Urban Growth Boundary of the City of 
Grants Pass pursuant the intergovernmental agreement between the City 
of Grants Pass and Josephine County entitled “Intergovernmental 
Agreement for the Orderly Management of the Grants Pass Urban Growth 
Boundary Area”, dated August 5, 1998. 
C. The fee imposed as a Storm Water and Open Space System Development 
Charge shall be established and amended from time to time by City Council 
resolution, said fee not shifting, transferring or converting any governmental 
product or service wholly or partially financed from ad valorem taxes. 
D. Fees are established by development for the update of the Master Plan, and 
by development area for the identified portion of the Sand Creek Basin. 
3.50.040 Compliance with State Law. 
A. 
The revenues received from the Storm Water and Open Space System 
Development Charge shall be deposited in an account named “Storm 
Water and Open Space SDC Fund." Two separate categories shall be 
established in accord with this code, one for the collection of fees in the 
Sand Creek Basin as defined in this code, and a separate account within 
the fund for the update of the master plan for storm water and open space. 
This activity shall be budgeted and accounted for as provided by state law. 
B. 
The capital improvement plan required by state law as the basis for 
expending revenues from the improvement fees portion of the Storm 
Water and Open Space System Development Charge shall include the 
update to storm drainage basins throughout the City and Urban Growth 
Boundary, and the specific pipeline improvements identified for the sub 
basins in Sand Creek as identified in the methodology update dated 14 
January, 2004, and adopted by separate resolution with a listing of capital 
investments for the identified portion of the Sand Creek Sub-Basin. 

3.50.050 Identification of Basins. 
The two separate categories of storm basins identified in this code shall be that 
portion of the Sand Creek Basin specifically included in the attached map Exhibit 
“A”, and all other drainage areas in the Urban Growth Boundary. 

3.50.060 Adoption of Calculation Data 
The methodology for the Master Plan update for storm water and open space 
identifies a single fee for all development to fund the pending updates for design 
of each drainage basin. The calculations of the pipe sizing for installation in a 
portion of Sand Creek identified in this code by Exhibit “A” is summarized to 
create a single charge of $10,890 per acre of development. Said fee shall be 
$.25 per square foot of developed property as defined in this code. 

3.50.070 Principles of Categorization 
The use of categories of development is based on the representation of the 
developer or principal owner of interest in a project at the time a project is 
proposed or altered to a sufficient extent to require a building or development 
permit in accord with the Grants Pass City Development Code, or at the time of 
land development or subdivision as defined. 

In assigning categories of use during the building permit process or 
the development process the City shall rely on the representation of 
the principal owner or developer of the project on the intended 
uses, so long as such uses are permitted in the development code. 
The total land area identified in the approved site plan shall be the 
basis for calculation for area charges, except for construction on an 
existing lot of record where the total land area exceeds one-half 
acre in total size. 

Occupancy or change of occupancy shall not create liability under 
this code unless such change of occupancy requires a building 
permit or development permit in accord with the Grants Pass City 
Development Code. 

Outside sales areas, as defined in the Grants Pass City 
Development Code and otherwise permitted in the appropriate 
zone, will not be included in the calculation of square footage for 
this code, except to the extent such areas are paved or treated in a 
manner that would create impervious surfaces increasing the runoff 
from the site to the storm drainage and open space system. 

3.50.080 Calculation of Charges 
All developments as defined in this ordinance and subject to the Storm Water 
and Open Space system development charge shall be established in one of two 
drainage areas in accordance with this code. The development within the 
boundaries of the Sand Creek Basin shall have all area developed subject to the 
area fee. In addition to such fees for lands within the basin, all lands within the 
Urban Growth Boundary shall be responsible for the payment of the uniform fee 
applicable to the development of an updated storm water and open space 
development plan, including those lands within the Sand Creek Basin identified 
for separate charges in this code. 

Whenever reference is made to square footage, it shall apply to gross square footage 
owned by the applicant, except where development is for the purposes of a single family 
residence on a lot of record that exceeds one-half acre in size, in which case, the actual 
area for the site plan shall be the basis for the square footage connection. 

3.50.090 Collection of Charge. 
A. 
The Storm Water and Open Space System Development Charge is due 
and payable when land is developed or subdivided, or upon issuance of a 
building permit, or prior to occupancy, for the following: 
1. 
New on-site residential construction or expansion which creates 
additional residential units. 
Any construction which creates a new business building, which 
required the issuance of a Development Permit. 

Any construction which expands or remodels a business building, 
which includes an increase in impervious surface that generates 
runoff to the drainage system when such an expansion increases 
by 25% or more the area of such impervious surface that existed at 
the time of adoption of this code. 

2. New on-site construction on an existing lot of record at 
the time of the adoption of this code shall have an implied 
residential area for any lands not further subdivided or 
separated into any additional lot configurations. Such 
area shall be the actual building square footage and all 
impervious surface constructed exterior to the building, 
except to exempt therefrom any driveway that is required 
under the code that is greater than 100 foot in length. 
B. 
The Storm Water and Open Space System Development Charge is due 
and payable upon issuance of the first manufactured home placement 
permit granted upon an individual building lot. 
C. 
In the case of a manufactured dwelling park or mobile home park shall be 
required to pay fifty percent (50%) of the Storm Water and Open Space 
System Development Charge for all spaces in the manufactured home 
park at the time land use approval is granted. The remaining balance of 
the System Development Charge shall be due and payable at the time the 
placement permit is granted for each space. 
D. 
The owner(s) of vacant lots or spaces within an existing manufactured 
home park that has received all necessary land use approvals prior to 
March 1, 2004, shall pay a Storm Water and Open Space System 
Development Charge of 100% of the applicable Charge for the total 
square footage of each space at the time the placement permit is granted 
for that lot or space. 
E. 
If a development is commenced without appropriate permit, the Storm 
Water and Open Space System Development Charge is immediately 
payable. 
F. 
The City Manager or his designated representative shall collect the Storm 
Water and Open Space System Development Charge 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 
development occurs or any person having received benefit from the 
development. The City shall not issue any permit or allow construction 
described in Section 3.50.080 until the charge has been paid, or 
arrangements for payment made. 
G. 
The conversion of existing buildings from one use to another shall not 
create any liability for storm water and open space system development 
charges as defined in this chapter. The expansion of any structure or 
outside sales area that increases impervious surfaces, if the expansion is 
required to obtain a building permit or development permit prior to 
occupancy shall be required to pay only the incremental increase in 
impervious area in the Sand Creek Basin, and all such alterations both 
within Sand Creek and in all other areas within the Urban Growth 
Boundary shall be assessed the single SDC fee for Storm Water and 
Open space in all other areas of the Urban Growth Boundary. 
H. 
Where a structure which is benefited by storm drainage capital 
improvements is destroyed or removed, no System Development Charge 
shall be imposed for the replacement of the structure, provided however, 
to the extent that any replacement expands, alters, or increases 
impervious areas, an incremental fee as described in this code shall be 
due and payable. 
I. 
The Storm Water and Open Space System Development Charges may be 
subject to the payment in installments under the provisions of the Bancroft 
Bonding Act of the State of Oregon. 

3.50.100 Exemptions. 
A. 
Exemptions to the Storm Water and Open Space System Development 
Charge are as follows: 
1. 
All pending building/placement permit applications for existing lots 
of record submitted prior to March 1, 2004. 
All existing structures for which a building/placement permit has 
been issued and which were established and existing prior to 
March 1, 2004. 

All local governments. Local government for this code includes 
school districts, county governmental facilities, city facilities, and 
facilities owned and operated by special districts formed under 
Oregon Law as local governments, or any Chapter 190 combination 
governmental entity controlled by local governments. 

All individual building lots within a subdivision or development that 
has constructed improvements in accord with the existing adopted 
Master Plan named in the attached listing as having completed all 
storm drainage proportional installation requirements. 

B. 
Any development which is exempt from the Storm Water and Open Space 
Charge by reason of its intended use shall lose such exemption 
immediately upon a change in use to a type of development which is not 
exempt from the Charge obligation. Upon such loss of exemption, the 
System Development Charge shall be immediately due and payable upon 
the entire development which was previously exempt when any action is 
taken with the structure that requires the issuance of a building or 
development permit. 
C. 
Any natural feature, such as wetlands, creeks or streams, that provide 
and/or protect open space and preserve existing vegetation and drainage 
areas through dedication to the City, separate tracts of land recorded on 
plats, conservation easements, or identified preserved natural features 
which are established during the site review and subdivision process. 
(Added by Ord. 5236, 2004) 
3.50.110 Credits and Construction in Lieu of SDC Payment 
A. 
In all areas except the Sand Creek basin, and subject to the approval by 
the City Council, the City of Grants Pass may grant a credit against the 
Storm Water and Open Space System Development Charge for the 
contribution of construction or land or both for any qualified public 
improvements. 
1. 
Prior to issuance of a building or development permit, the applicant 
may submit to the City, a proposed plan and estimate of value of 
land or construction or both which the applicant desires to 
contribute to the City as a full or partial offset to a cash payment for 
a Storm Water and Open Space System Development Charge. The 
proposal shall include all of the following: 
a. 
A designation of the development for which the proposed 
plan is being submitted; and 
b. 
A legal description of any land proposed to be contributed 
and a written appraisal based on comparable sales of similar 
property between unrelated properties; and 
c. 
A time schedule for completion of the plan. 
2. 
The principle factors the City will use to determine the eligibility and 
value of a proposal as a credit against a storm Water and Open 
Space System Development Charge shall include but are not 
limited to the following: 
a. 
The size and location of the improvement; and 
b. 
The cost of maintenance; and 
c. 
The extent to which the proposal satisfies capital 
improvement requirements identified capital improvements 
identified in the Sand Creek Basin and enumerated in the 
revised Master Storm Drainage Facilities and Management 
Plan for the Grants Pass Urban Growth Boundary Area as 
originally prepared by HGE, Inc. and adopted in 1983; and 
d. 
The extent to which the proposed improvements are in 
excess of those required as a condition of land use approval. 
3. 
If the City Council approves the proposed contribution, it shall 
establish the amount to be allowed as a credit to the Storm Water 
and Open Space System Development Charge. The credit can 
only be applied to the current development including all phasing. 
4. 
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 System Development 
Charge charges. Any difference between the amount paid and the 
amount credited shall be refunded to the applicant up to but not 
exceeding the amount of the System Development Charge. 
5. 
The decision of the City Council 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. 
B. The City Manager shall be responsible for all recording and accounting 
associated with the distribution of credits. 
C. In the Sand Creek Basin, any applicant may apply to construct identified 
facilities in lieu of payment of System Development Charges. Construction of 
any such facilities shall be approved in writing by the City Manager or his 
designated representative, and shall constitute specifically identified portions 
of the capital facilities required for construction as the same are adopted by 
resolution. The Manager or his designated representative shall grant credit 
for such development in accord with the portions of such construction that 
exceed the minimum requirements of the development and are identified on 
the adopted listing of capital facilities from the Master Plan. 
3.50.120 Appeal Procedures. 
A. 
Parties challenging the methodology for establishing the Storm Water and 
Open Space System Development Charge must appeal the methodology 
by filing a Notice of Appeal with the City Manager 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 that are being asked for reconsideration. The filing of such 
an appeal shall temporarily stay the payment of any Storm Water and 
Open Space System Development Charge until the appeal is determined 
upon determination of the appeal and subject to legal action pursuant to 
ORS 233.304(5). All Storm Water and Open Space System Development 
Charges due as a result of developments occurring subsequent to the 
effective date of this ordinance, and not otherwise exempt, shall be 
immediately due and payable. 
B. 
An appeal of expenditure must be filed with the City Manager within two 
years of the date of alleged improper expenditure. Appeals of any other 
decision must be filed within 14 days of the final determination of the 
storm water and open space system development charge in the building 
permit, mobile home park authorization, or other final permit authorization 
for a development to proceed. Prior to the formal appeal provisions of this 
code, any applicant may file a written request for redetermination with the 
Director of Community Development. Such a request may be filed without 
fee, and shall result in the written determination by the Director of the 
category of use and determination of fee for any development subject to 
this code. Any party still aggrieved may pursue the further appeal 
described in this code. 
C. 
An appeal fee, established by Council re