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17.15.040 Application.

(Amended by Ordinance Nos. 181322, 182652, 184756, 185195, 185459, 187210 and 188619, effective January 1, 2018.)  This Chapter applies to all New Development throughout the City of Portland.  The amount of the Transportation SDC shall be calculated according to this section.  For any New Development within the North Macadam Overlay Rate Study boundaries, the transportation SDC shall be the sum of two calculations, the first based upon the City Rate Study and the second based upon the North Macadam Overlay Rate Study.  For any New Development within the Innovation Quadrant area boundaries, the transportation SDC shall be the sum of two calculations, the first based upon the City Rate Study and the second based upon the Innovation Quadrant Overlay Project Report. 

A.  New Development.

1.  Except as otherwise provided in this Chapter, a Transportation SDC shall be imposed upon all Applications for New Development.

2.  The Applicant shall at the time of Application provide the Administrator with the information requested on an SDC application form regarding the previous and proposed use(s) of the property, including the following:

a.  A description of each of the previous and proposed uses for the property for which the Permit is being sought--with sufficient detail to enable the City to calculate Trip generation for the entire property under the previous use and for the proposed use(s) of the New Development.

b.  For residential uses--the number of residential dwellings, including type, e.g., single family or multi family.

c.  For commercial uses--the square footage (or other unit of measure, as applicable) for each type of commercial use, e.g., office, retail, etc.

3.  Except as otherwise provided in this Chapter, the amount of the SDC due shall be determined by estimating the Trip generation of the previous use(s) on the property and the Trip generation for all of the proposed use(s) and then calculating the total SDC for the previous use(s) and the proposed uses(s) as provided in the Transportation SDC Rate Schedule.

a.  If the Person Trips attributable to the proposed use of the New Development are within 15 percent ± of the Person Trips attributable to the total previous use of the property and do not increase or decrease Person Trips by more than 25 Person Trips, the Applicant is not required to pay any SDC and is not eligible for any SDC reimbursement or credit.

b.  If the Person Trips attributable to the proposed use of the New Development are more than 115 percent of the Person Trips attributable to the total previous use, the Applicant shall pay the difference between the SDC attributable to the proposed use and the SDC attributable to the total previous use.

c.  If the Person Trips attributable to the proposed New Development are less than 85 percent of the Person Trips attributable to the total previous use(s), and the Development had previously paid a Transportation SDC, then the Applicant shall be eligible for an SDC reimbursement under Section 17.15.060.

4.  In the event an identified use does not have a basis for Trip determination stated in the City Rate Study, the Administrator shall identify the land use or uses that has/have a Trip generation rate most similar to the use(s) in question and apply the Trips generation rate most similar to the proposed use or uses.

5.  Notwithstanding any other provision, the dollar amounts of the SDC set forth in the Transportation SDC Rate Schedule as well as the North Macadam Overlay Rate Study and the Innovation Quadrant Overlay Project Report shall on July 1st of each year be increased or decreased automatically by the difference of the 5-year moving average of the 20-City Construction Cost Index published by the Engineering News Record. 

B.  Institutional Development.

1.  Institutional Development shall be subject to assessment under this Subsection or under Subsection A. above, at the election of the Applicant.  If the Applicant elects assessment under this Subsection, this method of assessment shall be utilized on Institutional properties designated in the election for a period of not less than three years from date of initial election.

2.  Within 60 days of election of the alternate assessment under this Subsection, the Applicant Institution shall submit the proposed methodology for counting Trips to the Administrator.  The Administrator shall determine whether the proposed methodology is acceptable within 20 days from the date of election and submission, and, if the methodology is rejected, the Administrator shall provide an explanation for the decision.

3.  Within one year of the date of election of the alternative method of assessment under this Subsection, at the time(s) designated in the accepted method to count Trips, the Applicant Institution shall establish the average PM Peak Hour Trip count.  Such data and related analysis shall be based upon a methodology to calculate Trips accepted by the Administrator.

4.  The amount of the SDC shall be determined at the end of each 12-month period by multiplying the applicable dollar amount, as provided in the Transportation SDC Rate Schedule, by the change in average PM Peak Hour Trip count during the intervening 12-month period.  Such SDC, if any, shall be due and payable within 45 days from the close of the 12-month period. 

5.  For uses for which the appropriate SDC calculation is a unit of measure other than square feet, such as the number of students, movie screens, etc., the first Application submitted for such a use that is subject to this Chapter shall establish the baseline number of existing units of measure.  No SDC shall be assessed against that baseline.  A baseline Trip rate so established shall be valid, and need not be recalculated, for the next 12 months.

C.  Port Development.  At the Applicant’s option, Port Development may be subject to assessment under Subsection A. of this Section, or under this Subsection. 

1.  If the Applicant elects assessment under this Subsection C., the Applicant and the City shall negotiate an agreement for the payment of a fee in lieu of the Transportation SDC that includes the following elements:

a.  A methodology for estimating the amount of the SDC which would be imposed pursuant to Subsection A. above during a period of either 3 years or until the expiration of the SDC project list, whichever is less, but in any event not more than 10 years, as specified by the Applicant.  The methodology shall take into account the Port Development anticipated under the Applicant’s master plan during the period specified in that plan, the Trips that the Port Development is expected to generate, Trip levels against which SDCs have historically been assessed, the anticipated increases or decreases in the dollar amounts of the SDC during the specified period, any applicable credits or exemptions and any other factors which the Administrator deems to be relevant.  In no event shall the charge estimated under this Subsection be less than the SDC that would otherwise be due for the Port Development and the Applicant shall indicate its agreement to the methodology in writing.

b.  A payment period shall be imposed during which the Applicant shall pay in full the amount due within 12 months of the Applicant’s agreement to the methodology.

2.  In the event the Applicant and the City are unable to agree to a methodology under this Subsection, the normal method of calculating and assessing the SDC under Subsection A. above shall apply.