(Amended by Ordinance Nos. 171698, 172677, 173121, 175717, 176782, 181322, 182389, 182652, 184756 and 185459, effective June 27, 2012.)
A. “Accessway” means a walkway that provides pedestrian and/or bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop. Accessways generally include a walkway and additional land on either side of the walkway, often in the form of an easement or right-of-way, to provide clearance and separation between the walkway and adjacent uses. Accessways through parking lots are generally physically separated from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include landscaping, trees and lighting. Where Accessways cross driveways, they may be raised, paved or marked in a manner which provides convenient access for pedestrians.
B. “Administrator” means that person as appointed by the Director of Transportation to manage and implement this SDC program.
C. “Alternative System Development Charge” means any SDC established pursuant to Section 17.15.070 of this Chapter.
D. “Applicant” means the person who applies for a Building Permit.
E. “Application” means the written request by an Applicant for a Building Permit.
F. “Building Official” means that person, or his designee, certified by the State and designated as such to administer the State Building Codes for the City.
G. “Building Permit” means that permit issued by the City Building Official pursuant to the State ofOregon Structural Specialty Codeor as amended, and the State ofOregon Residential Specialty Codeor as amended. In addition, Building Permit shall mean the Manufactured Home Installation Permit issued by the City Building Official, relating to the placement of manufactured homes in the City.
H. “City” meansCity of Portland,Oregon.
I. “City Rate Study” means the methodology report entitled Update of Transportation System Development Charges, dated July 2007 and adopted as Exhibit A to Ordinance No. 181322.
J. “Comprehensive Plan” means the current, adopted Comprehensive Plan of the City ofPortland.
K. “Condition of Development Approval” is a Bureau of Transportation requirement imposed on an Applicant by a city land use or limited land use decision, site plan approval or building permit either by operation of law, including but not limited to the City Code or Rule or regulation adopted thereunder, or a condition of approval.
L. “Construction Cost Index” means the National Highway Construction Cost Index published by the Federal Highway Administration.
M. “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in this Chapter.
N. "Developer" means the person constructing a Qualified Public Improvement prior to the construction of the New Development.
O. “Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage or activities which has the effect of generating additional weekday or weekend trips. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land.
P. “Director of Transportation” means that person or her or his designee who is responsible for managing the Bureau of Transportation.
Q. “Finance Director” means that person or his or her designee who is responsible for managing the Finance Department for the City ofPortland.
R. “Innovation Quadrant Overlay Project Report” means the methodology report entitled Innovation Quadrant Transportation System Development Charge Overlay Project Report, dated May 2011 and adopted as Exhibit A to Ordinance. No. 184756.
S. “Innovation Quadrant Transportation System Development Charge TSDC Overlay” means a transportation system development charge (TSDC) zone over the Innovation Quadrant area, as it presently exists or may be amended in the future, in which additional SDCs are collected and expended on capacity-increasing projects to serve future users within the Innovation Quadrant.
T. “Institutional Development” means development associated with a medical or educational institution and associated uses, on a site of at least five acres in area. Medical institutional campuses include medical centers and hospitals. Educational institutional campuses include universities, colleges, high schools, and other similar institutions offering course of study leading to a high school diploma or a degree certified by a recognized accreditation body. Associated uses on institutional campuses may include some commercial or light industrial uses, residential and other uses.
U. “ITE Manual” means that manual entitled “An Institute of Transportation Engineers Informational Report - Trip Generation” Seventh Edition (2003) or as amended. A copy of the ITE Manual shall be kept on file with the Bureau of Transportation.
V. “Multi-Modal” means vehicular, transit, bicycle, pedestrian and wheel chair transportation.
W. “New Development” means Development on any site which increases overall trip generation from the site according to Table 4-9 of The City Rate Study or pursuant to Section 17.15.070 of this Chapter. Except as provided under Section 17.15.050, New Development for purposes of this Chapter includes remodeling to the extent that it generates additional trips.
X. “Non-Motorized” means transportation that is neither vehicular or transit. Non-motorized includes pedestrian and bicycle transportation. Pedestrian transportation includes wheelchair transportation regardless of whether the wheelchair is motorized or hand propelled.
Y. “North Macadam Overlay Rate Study” means the methodology report entitled North Macadam Transportation System Development Charge TSDC Overlay Rate Study, dated January 2009 and adopted as Exhibit A to Ordinance 182652.
Z. “North Macadam Transportation System Development Charge TSDC Overlay” means a transportation system development charge (TSDC) zone over the entire North Macadam urban renewal area (URA), as it presently exists or may be amended in the future, in which additional SDCs are collected and expended on capacity-increasing projects to serve future users within North Macadam.
AA. “Over-capacity” means that portion of an improvement that is built larger or with greater capacity (over-capacity) than is necessary to serve the Applicant’s New Development or mitigate for transportation system impacts attributable to the Applicant’s New Development. There is a rebuttable presumption that improvements built to the City’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development.
BB. “Pedestrian Connection” means a continuous, unobstructed, reasonably direct route between two points that is intended and suitable for pedestrian use. Pedestrian connections include but are not limited to sidewalks, walkways, stairways and pedestrian bridges. On developed parcels, pedestrian connections are generally hard surfaced. In parks and natural areas, pedestrian connections may be soft-surfaced pathways. On undeveloped parcels and parcels intended for redevelopment, pedestrian connections may also include rights-of-way or easements for future pedestrian improvements.
CC. “Permit” means a Building Permit.
DD. “Planned light rail station” means a station included in local and regional transportation plans for which a full funding agreement has been executed by the Federal Transit Administration or other U. S. governmental agency, which agreement contains the terms and conditions applicable to the approval of a light rail project and the grant of federal funds for that project which includes construction of planned stations and other light rail facilities.
EE. “Port Development” means a planned development owned or operated by a unit of government involving a facility used for cargo freight or passenger transportation by air, water, rail or public mass transit, including accessory uses. Uses that are accessory to Port Development are those which send or receive cargo freight or are related to passenger movement or service.
FF. “Previous use” means the most recent permitted use conducted at a particular property. Where the site was used simultaneously for several different uses (mixed use) then, for purposes of this Chapter, all of the specific use categories shall be considered. Where one use of the site accounted for 70 percent or more of the total area used, then that dominant use will be deemed to be the sole previous use of the site. Where the previous use is composed of a primary use with one or more ancillary uses that support the primary use and are owned and operated in common, that primary use shall be deemed to be the sole use of the property for purposes of this Chapter.
GG. “Proposed use” means the use proposed by the Applicant for a New Development. Where the Applicant proposes several different uses (mixed use) for the New Development then, for purposes of this Chapter, all of the specific use categories shall be considered. Where the proposed use is composed of a primary use with one or more ancillary uses that support the primary proposed use and are owned and operated in common, that primary use shall be deemed to be the sole proposed use of the property for purposes of this chapter.
HH. “Qualified Public Improvement” means any transportation system capital improvement or conveyance of an interest in real property that increases the capacity of the City’s Transportation System and is in one of the following categories:
1. Is a capital improvement listed on the City’s SDC-CIP regardless of the improvement’s proximity to the Applicant’s New Development site or
2. Pertains to an arterial or collector street and is required by the Bureau of Transportation as a condition of the development approval and in the opinion of the Administrator is built larger or with greater capacity (over-capacity) than is necessary to serve the Applicant’s New Development or mitigate for transportation system impacts attributable to the Applicant’s New Development. There is a rebuttable presumption that improvements built to the Bureau of Transportation’s minimum standards are required to serve the Applicant’s New Development and to mitigate for transportation system impacts attributable to the Applicant’s New Development. Potentially eligible improvements include, but are not limited to:
a. vehicle travel, turning or refuge lanes and traffic signals and sidewalks
b. bicycle lanes, bicycle parking facilities or bicycle lockers, other than those required by the Bureau of Transportation to serve the Applicant’s New Development, or
c. any improvement to traffic or transportation safety that corrects an identified safety problem or defect in the City’s transportation system.
II. “Remodel” or “Remodeling” means to alter, expand or replace an existing structure.
JJ. “Right-of-Way” means that portion of land that is dedicated for public use including use for pedestrians, bicycles, vehicles and transit, utility placement and signage.
KK. “Roads” means streets, roads and highways.
LL. “Temporary use” means a construction trailer or other non-permanent structure.
MM. “Transit Oriented Development” means
1. All development located within the following subdistricts of the Central City Plan District as shown on Map 510-8 of PCC Chapter 33.510: DT 1 through DT 6-2; UD 1-1 and UD 1-2; RD 3,4,5-1 and 5-2; GH 1; CE 2 and 3; and LD 1-4.
2. Any development located in any other subdistrict of the Central City Plan District that either
a. includes at least 40 units of housing per net acre, or
b. achieves a floor area ratio of 2 to 1.
3. Any development, except an auto-related use as defined in City Code 33.910, located outside the Central City Plan District that is within 500 feet of a street with fixed-route frequent (every 15 minutes or better during the day) transit service or within 1,000 feet of a light rail station and that either:
a. includes at least 30 units of housing per acre of site, and there are no drive through facilities, or
b. achieves a floor area ratio of 1 to 1, and there are no drive through facilities, or
c. is located in a commercial zone where no parking is required by the Planning and Zoning code of the City if Portlandand no on-site parking is provided and there are no drive through facilities.
For purposes of this definition, “site” shall include the building footprint and all associated land required for parking, landscaping and the like. For the purpose of this definition, “fixed-route frequent transit service” shall include the I-205 light rail corridor and “light rail station” shall include the I-205 light rail stations.
NN. “Transportation SDC Capital Improvement Plan,” also called SDC-CIP, means the City program set forth in the City Rate Study that identifies all of the major transportation system and facilities capacity, safety, reconstruction, bicycle, pedestrian, transit and bridge improvements projected to be necessary to accommodate existing and anticipated transportation system demands within the next 10 years as described in the Update of Transportation System Development Charges, (dated July 2007), and within the next 20 years as described in the North Macadam Transportation System Development Charge TSDC Overlay Rate Study, (dated January 2009).
OO. “Transportation System Development Charge,” or “SDC,” refers to the fee to be paid under this Chapter.
PP. “Transportation System Plan” or “TSP”, means the current, adopted 20-year plan for transportation improvements in the City ofPortland.
QQ. “Vehicle” means motorcycles, automobiles, trucks, boats and recreational vehicles, but does not include transit, bicycles and motorized wheelchairs for the disabled.
RR. “Vehicular” means a reference to a vehicle.
SS. “Walkway” means an area intended and suitable for use by pedestrians, that meets standards of the American with Disabilities Act, located in public right-of-way.