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17.13.010 Scope and Purposes.

(Amended by Ordinance Nos. 181669 and 187150, effective July 1, 2016.)

A.  New development within the City of Portland contributes to the need for capacity increases for parks and recreation facilities and, therefore, new development should contribute to the funding for such capacity increasing improvements.  This SDC will fund a portion of the needed capacity increases for urban, neighborhood, and community parks, trails, and habitat facilities as identified in the City of Portland Parks and Recreation SDC Capital Improvement Plan (SDC-CIP).

B.  ORS 223.297 through 223.314 grant the City authority to impose a SDC to equitably spread the costs of essential capacity increasing capital improvements to new development.

C.  The SDC is incurred upon the application to develop property for a specific use or at a specific density.  The decision regarding uses, densities, and/or intensities causes direct and proportional changes in the amount of the incurred charge.  The SDC is separate from other fees provided by law or imposed as a condition of development.  It is a fee for service because it contemplates a development’s receipt of parks and recreation services based upon the nature of that development.

D.  The SDC imposed by this Chapter is not tax on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11b, Article XI of the Oregon Constitution or legislation implementing that section.  This Chapter does not shift, transfer, or convert a government product or service, wholly or partially paid for by ad valorem property taxes, to be paid for by a fee, assessment or other charge, within the meaning of Section 11g, Article XI of the Oregon Constitution.

E.  The funding provided by this Chapter constitutes a mandatory collection method based upon the guidelines set forth in ORS 223.297 through 223.314 to assure the provision of capacity increasing improvements for parks and recreation facilities as contemplated in Parks 2020 Vision, July 2001; Recreational Trail Strategy, June 2006; Parks Natural Area Acquisition Strategy, November 2006; and the Parks and Recreation SDC-CIP incorporated as an Appendix to the most recently adopted Parks SDC Methodology Report.  The Parks and Recreation SDC-CIP is not to be confused with the City of Portland Parks and Recreation Capital Improvement Program.

F.  This Chapter is intended only to be a financing mechanism for a portion of the capacity increases needed for parks and recreation facilities associated with new development and does not represent a means to fund maintenance of existing facilities or the elimination of existing deficiencies.

G.  The City hereby adopts the report entitled “Park System Development Charge Methodology Update Report” (dated April 15, 2015), and incorporates herein by this reference the assumptions, conclusions and findings in the report which refer to the determination of anticipated costs of capital improvements required to accommodate growth, and the rates for the parks and recreation SDC to finance these capital improvements.  This report is hereinafter referred to as “SDC Methodology Report” and is attached to Ordinance No. 187150 passed by Council on May 27, 2015.  The City Council may from time to time amend or adopt a new SDC Methodology Report by ordinance.