Section 44. The purpose of this charter provision is to insure that new development bear the full cost of existing and future capital improvements affected by the development.

Section 45. The City of Estacada shall impose system development charges upon new development associated with public capital improvements, including connections to such improvements, to the extent allowed by State law and subject to any limitations provided by federal and state constitutions and laws of the State of Oregon. System development charges shall include reimbursement fees to the City of Estacada for the costs of increased usage of existing capital improvements by new developments. System development charges shall also include improvement fees for an equitable share of projected capital improvements required to increase the capacity of improvements associated with new development. Applicants for new development permits shall pay system development charges determined in accordance with a methodology designed to allocate to new development the full cost of existing and proposed capital improvements to the extent associated with the new development. Payment of system development charges may be deferred at the discretion of the city to no later than issuance of a certificate of occupancy. The system development charges and the methodology for their determination shall be periodically updated to reflect amendments to the City of Estacada capital improvement plan and other relevant factors.

Section 46. As used in this provision, all definitions of terms shall be as defined by the laws of the State of Oregon, and, in addition, "Development" means:

(1) The first establishment of a use involving the construction or the placing of structure upon a parcel of land that was not occupied by any structure prior to that event; or

(2) Any construction, alteration or change of occupancy which increases the usage of any capital improvement or which creates additional demand upon existing capital improvements.

Section 47. If any part of this charter provision violates the Constitution of the United States, or the Constitution of Oregon, or the laws of either, it alone will be invalidated, and the remainder of this charter provision shall remain in force.

Section 48. The City of Estacada shall implement this charter provision within 90 days of its passage.

(Chapter XI, §§ 44--48 passed in the Special Election, May 18, 1999.)