74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 196
Senate Bill 366
Sponsored by Senator SCHRADER; Representative TOMEI (Presession
filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes school district to establish impact fee on creation
of lot or parcel. Directs county recording officer to assess and
collect impact fee before recording subdivision or partition
plat. Authorizes county recording officer to charge separate fee
to recover administrative costs.
A BILL FOR AN ACT
Relating to school impact fee.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 3 of this 2007 Act:
(1) 'Affordable housing' means housing units made available to
families with a household income that is less than or equal to 80
percent of the area-wide median household income, as determined
by the Housing and Community Services Department, for families
with the same number of members and for which the monthly housing
payment does not exceed 30 percent of the monthly income of the
family.
(2) 'Capital improvement' includes, but is not limited to,
acquisition of land, construction, reconstruction, renovation or
improvement of school facilities, acquisition or installation of
new technology or other capital expenditures that improve a
school district's ability to educate students. 'Capital
improvement ' does not include costs of the operation or routine
maintenance of school facilities.
(3) 'School district' has the meaning given that term in ORS
330.003. + }
SECTION 2. { + (1) A school district may adopt by resolution
an impact fee on the creation of new lots or parcels as provided
in this section.
(2) Prior to the adoption of an impact fee, the school district
shall:
(a) Prepare a facilities plan that contains a list of the
capital improvements the school district intends to fund, in
whole or in part, with moneys collected for the impact fee and
the estimated cost of and proposed timing for each capital
improvement; and
(b) Hold a public hearing at which the school district provides
interested persons an opportunity to comment on the adoption of
the impact fee.
(3) In the resolution establishing an impact fee, the school
district shall include:
(a) The methodology for calculating the impact fee; and
(b) Findings demonstrating that:
(A) The new capital improvements are needed to meet the demands
placed on school facilities by the new lots or parcels; and
(B) The impact fee is calculated with due consideration given
to the estimated cost of and timing for the capital improvements
identified in the facilities plan that are needed to meet the
demands placed on school facilities by the new lots or parcels.
(4) A school district shall exempt lots or parcels dedicated to
the development of affordable housing from the assessment and
collection of the impact fee authorized under this section.
(5) An impact fee collected pursuant to this section may not
exceed $6,500 per new lot or parcel, plus an amount not to exceed
one percent of the impact fee to recover the administrative costs
of the county recording officer to assess and collect the impact
fee, but the school district may annually adjust the impact fee
based on the higher of:
(a) The percentage increase in the real market value for the
period, as provided by the county assessor, of the land in the
school district, excluding buildings, structures and
improvements; or
(b) The Engineering News-Record Construction Cost Index for the
period.
(6) A school district that adopts an impact fee resolution
pursuant to this section shall transmit the resolution to the
county recording officer responsible for recording a subdivision
or partition plat, pursuant to ORS 92.120, within the boundaries
of the school district.
(7) A school district may use moneys collected as an impact fee
only to pay:
(a) For capital improvements to school facilities that are
needed to meet the demands placed on the facilities by the new
lots or parcels;
(b) The administrative costs of the school district to
implement the impact fee authorized under this section; and
(c) The administrative costs of the county recording officer to
assess and collect the impact fee.
(8) If the impact fee does not include an amount to recover the
administrative costs of the county recording officer to assess
and collect the impact fee, the recording officer that assesses
and collects the impact fee may establish a separate fee to
recover those costs, in an amount that does not exceed one
percent of the impact fee.
(9) The county recording officer:
(a) Shall assess and collect the impact fee before recording a
subdivision or partition plat pursuant to ORS 92.120;
(b) May, if the impact fee does not include an amount to
recover the costs of the county recording officer to assess and
collect the impact fee, collect a fee pursuant to subsection (8)
of this section; and
(c) Shall deliver the moneys collected for the impact fee,
minus the amount retained to recover administrative costs, to the
appropriate school district. + }
SECTION 3. { + A school district that adopts an impact fee
pursuant to section 2 of this 2007 Act shall annually prepare a
report relating to the collection and expenditure of moneys
generated by the impact fee, make the report available to the
public and file a copy of the report with the Secretary of State
no later than June 30 of each year for the preceding year. + }
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