(Amended by Ordinance Nos. 173386, 173565, 174617, 176511, 181669 and 187150, effective July 1, 2016.)
A. “Administrator” means that person, or designee, appointed by the City Council to manage and implement this Parks and Recreation SDC program.
B. “Applicant” means the person who applies for a building permit.
C. “Application” means the Parks SDC Information Form together with other required forms and documents submitted at the time of application for a building permit.
D. “Building Official” means that person, or designee, certified by the State and designated as such to administer the State Building Codes for the City.
E. “Building Permit” means that permit issued by the City Building Official pursuant to the State of Oregon Structural Specialty Code Section 301 or as amended, and the State of Oregon One and Two Family Dwelling Code Section R-109 or 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.
F. “Campus Housing” means dormitories and other buildings arranged and designed as living quarters on a college or university campus for students enrolled at that college or university. College or university campus is any property owned or controlled by the college or university within a Conditional Use Master Plan, Impact Mitigation Plan or other campus zone boundary.
G. “Central City” means the area identified in the SDC Methodology Report as the Central City Service Area, and whose boundaries are included on the map in the SDC Methodology Report. This area is also referred to as the Central City sub-area.
H. “City” means the City of Portland, Oregon.
I. “Comprehensive Plan” means the City’s generalized, coordinated land use map and policy statement that interrelated all functional and natural systems and activities relating to the use of lands, including but not limited to sewer, water and transportation systems, educational and recreation facilities and natural resources and air and water quality management programs.
J. “Condition of Development Approval” is any 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.
K. “Cost Index” related to construction costs means the Seattle Area Engineering News Record (ENR) Construction Cost Index and related to land acquisition costs means the change in average market value of residential and commercial land in the City, according to the records of the Multnomah County Tax Assessor.
L. “Credit” means the amount by which an Applicant may be able to reduce the SDC fee as provided in this Chapter.
M. “Development” means a building or other land construction, or making a physical change in the use of a structure or land, in a manner which increases the usage of parks and recreation capital improvements or which may contribute to the need for additional or enlarged parks and recreation capital facilities.
N. “Director” means the Director of the Bureau of Parks and Recreation for the City of Portland.
O. “Dwelling Unit” means a building or a portion of a building consisting of one or more rooms which include sleeping, cooking, and plumbing facilities and are arranged and designed as living quarters for one family or household.
P. “Non-Central City” means all portions of the City outside the Central City Service Area.
Q. “Non-Residential Development” means development which does not include dwelling units.
R. “New Development” means Development for which a Building Permit is required.
S. “Occupancy Group Codes” means the use codes (A-1, B, H, e.g.) in the Oregon Structural Specialty Code, “Use and Occupancy Classification.”
T. “Occupancy Use Types” means the occupancy classifications in the Oregon Structural Specialty Code, “Use and Occupancy Classification.”
U. “Parks and Recreation SDC Capital Improvement Plan” also called the Parks and Recreation SDC-CIP, means the City program set forth in the “SDC Methodology Report” to be funded with Parks and Recreation SDC revenues.
V. “Permit” means a Building Permit.
W. “Previous use” means the most intensive use conducted at a particular property within the past 36 months from the date of completed Application. Where the site was used simultaneously for several different uses (mixed use) then, for the purposes of this Chapter, all of the specific use categories shall be considered. Where one us 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 Previous Use of the property for purposes of this Chapter.
X. “Proposed use” means the use proposed by the Applicant for the 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.
Y. “Qualified Public Improvement” means any parks and recreation system capital facility or conveyance of an interest in real property that:
1. increases the capacity of the City’s Parks and Recreation System;
2. pertains to the park categories defined in Parks 2020 or in the Park SDC/CIP: local access, city-wide access, regional, urban, neighborhood or community parks, botanic and community gardens trails, or habitat. If the proposed donation is a habitat, it must be adjacent to a Portland Parks property, or it must be a minimum of 3 contiguous acres with at least 66 percent of its area covered by the City’s environmental overlay zone. If the proposed donation is a trail, it must be designated as a recreational trail on the City’s Comprehensive Plan;
3. is approved by the Director; and
4. is in any of the following categories:
a. Is a capital improvement listed on the City’s Parks and Recreation SDC-CIP or two year funded list of City of Portland Parks and Recreation Capital Improvement Program, regardless of the improvement’s proximity to the Applicant’s New Development site, and is not a Real Property Interest already committed by contract or other obligation to public recreational use;
b. Is a public recreational trail improvement within the Willamette River Greenway overlay zone as designated on the Official Zoning Maps within the Central City plan boundary, and that exceeds all development standards currently contained in PCC Title 33 (Chapter 33.440, 33.272, and 33.248). Credits will be given for improvements which will result in enhancement for habitat or public recreational use on the landward side of the top of the bank. Credits will be valued at 100 percent of the value of Real Property Interests that ensures perpetual public access (subject to reasonable temporary closures) and/or improvements that occur on the land-ward side of the required 25’ minimum Greenway setback width, if the increase of width is at least 5’. The credit transfer mechanism described in Subsection 17.13.070 E. is applicable to Real Property Interests at 25 percent of its appraised value. The use of Greenway credit transfers are valid only for New Development within the Central City, and is not available to Applicants that are using the Willamette River Greenway Bonus Option described in City Code 33.510.210 C. 9. Reasonable improvements within the required 25’ minimum Greenway setback shall also receive full Credit only for improvements that exceed the current basic required standards described in PCC Title 33 (Chapters 33.440, 33.272, and 33.248) or landscaping or mitigation plantings that are required as a Condition of Development Approval. The Credit transfer mechanism described in Subsection 17.13.070 E. is not applicable to Greenway improvements. Greenway improvement SDC Credits may be used only on the New Development that included the Greenway improvement, including subsequent phases of multi-phase Development.
c. Is a conveyance of Real Property Interests or capital improvements for public recreational use that is required as a condition of development approval. For purposes of this section, the phrase “required as a condition of development approval” means
(1) requirements to construct improvements or convey Real Property Interests for public recreational use that are imposed as specifically listed conditions pursuant to a Code provision authorizing such conditions, or
(2) features of a development that are specifically stated as an element of a proposal that is approved by the review body.
d. An improvement or conveyance of Real Property Interests for parks and recreational use which does not otherwise meet the requirements of this section, is not already committed by contract or other obligation to public recreational use, and in the opinion of the Director in his or her reasonable discretion the improvement or conveyance serves the City’s public parks and recreation needs as well or better than the improvements or conveyance described above.
5. Conveyances of Real Property Interests or capital improvements for public recreational use specified in a development agreement between the City and a developer entered into after the effective date of this Ordinance are excluded from the definition of “qualified public improvement” unless the development agreement specifically provides otherwise. If the development agreement does include conveyances of Real Property Interests that are intended to be eligible for Parks SDC Credits, the value of the Real Property Interests must be established at the time the development agreement is finalized by the appraisal methods described in Section 17.13.070. The date of valuation is the date of the final development agreement. If there are subsequent amendments to the development agreement, the date of valuation will be the date of the original development agreement unless otherwise specified in future amendments.
6. In addition to capital improvements described in Subsection 17.13.020 Y.1. through 5., the term “qualified public improvement” also includes agreements for long-term enhanced maintenance of park facilities within the City’s Parks and Recreation System, provided the following requirements are met:
a. The Parks and Recreation System facilities for which enhanced maintenance is provided are located within the Central City Plan District as identified in PCC Chapter 33.510;
b. The long-term maintenance obligations are specifically described in a binding agreement that contains adequate financial assurances to ensure performance of the maintenance obligations for the duration of the agreement;
c. The Parks Director has determined the net present value of the maintenance obligations in order to establish the amount of SDC credits; and
d. The Parks Director has determined, in each instance where long-term maintenance obligations are accepted, that acceptance of the long-term maintenance obligations will promote the interests of the City’s Parks and Recreation System as well or better than acceptance of capital improvements.
Z. “Rate Group” means one of four rates or groups of rates, each of which has its own percentage split between land costs and development costs as follows:
|Central City||Non Central-City|
71% Land Portion
29% Improvement Portion
49% Land Portion
51% Improvement Portion
AA. “Real Property Interests” means fee title, easement, or other permanent interests in real property as documented in a written conveyance.
BB. “Remodel” or “remodeling” means to alter, expand or replace an existing structure.
CC. “Resident Equivalent” means a measure of the impact on parks and recreation facility needs created by non-residential development, as compared to the impact of a resident.
DD. “SDC Methodology Report” means the methodology report entitled Parks System Development Charge Methodology Update Report, dated April 15, 2015 and adopted as Exhibit B to Ordinance 187150.
EE. “Temporary use” means a construction trailer or other non-permanent structure.