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Charter, Code and Policies

City of Portland

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17.15.020 Definitions.

(Amended by Ordinance Nos. 171698, 172677, 173121, 175717, 176782, 181322, 182389, 182652, 184756, 185459, 188619, 188757 and 188758, effective January 3, 2018.)

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 their designee, certified by the State and designated as such to administer the State Building Codes for the City.

G.  “Building Permit” means that permit, including development and zoning permits, issued by the City Building Official pursuant to the State of Oregon Structural Specialty Code or as amended, and the State of Oregon Residential Specialty Code 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.

H.  “City” means City of Portland, Oregon.

I.  “City Rate Study” means the report entitled Transportation System Development Charge Update, dated June 2017and adopted as Exhibit A to Ordinance No. 188619.

J.  “Comprehensive Plan” means the current, adopted Comprehensive Plan of the City of Portland.

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 20-City Construction Cost Index published by the Engineering News Record.

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 or eligible capital 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 that have the effect of generating additional PM Peak Hour 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 their designee who is responsible for managing the Bureau of Transportation.

Q.  “Finance Director” means that person or their designee who is responsible for managing the Finance Department for the City of Portland.

R.  “Innovation Quadrant Overlay Project Report” means the report entitled Innovation Quadrant Transportation System Development Charge Overlay Project Report, dated May 2011 and adopted as Exhibit A to Ordinance. No. 184756, and as updated in Exhibit A to Ordinance No. 188758.

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 the current edition of that manual entitled “An Institute of Transportation Engineers Informational Report - Trip Generation.”  A copy of the ITE Manual shall be kept on file with the Bureau of Transportation.

V.  “Methodology” means the narrative, formulas and charts that serve as the framework for determining the system development charges, as set forth in the City Rate Study. 

W.  “Multi-Modal” means vehicular, transit, bicycle, pedestrian and wheel chair transportation.

X.  “New Development” means Development on any site which increases overall Trip generation from the site according to Table 4-3 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.

Y.  “North Macadam Overlay Rate Study” means the report entitled North Macadam Transportation System Development Charge Overlay Rate Study, dated January 2009 and adopted as Exhibit A to Ordinance 182652, and as updated in Exhibit A to Ordinance No. 188757.

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  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.  “Person Trip” means a Trip made by a person or persons to and from a Development during the PM Peak Hour.

EE.  “PM Peak Hour” means the 60-minute time period of highest Trip generation during the afternoon period between 4 p.m. and 6 p.m.

FF.  “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.

GG.  “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.

HH.  “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.

II.  “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:

1.  Required by the Bureau of Transportation as a condition of the Development approval, and

2.  Listed on the City’s TSDC Project List, and

a.  Not located on or contiguous to the Applicant’s New Development site, or

b.  Located on or contiguous to the Applicant’s New Development site, and in the opinion of the Administrator is an Over-Capacity improvement or conveyance.

JJ.  “Remodel” or “Remodeling” means to alter, expand or replace an existing structure.

KK.  “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.

LL.  “Roads” means streets, roads and highways.

MM.  “Temporary Use” means a construction trailer or other non-permanent structure.

NN.  “Transportation SDC Capital Improvement Plan,” also called TSDC Project List, 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, and within the next 20 years as described in the North Macadam Overlay Rate Study and Innovation Quadrant Overlay Project Report.

OO.  “Transportation System Development Charge,” or “SDC,” refers to the fee to be paid under this Chapter.

PP.  “Transportation SDC Rate Schedule” refers to the listing of fees for development types, as adopted in Ordinance No. 188619 and, if applicable, Ordinance Nos. 182652 and 184756 for the North Macadam and Innovation Quadrant TSDC Overlay areas, respectively.

QQ.  “Transportation System Plan,” or “TSP,”, means the current, adopted 20-year plan for transportation improvements in the City.

RR.  “Trip” means Person Trip.

SS.  “Vehicle” means a motorcycle, automobile, truck, boat or recreational vehicle, but does not include transit, bicycles and motorized wheelchairs for the disabled.

TT.  “Vehicular” means a reference to a vehicle.

UU.  “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.