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The City of Portland, Oregon

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City of Portland

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17.13.020 Definitions.

(Amended by Ordinance Nos. 173386, 173565, 174617, 176511, 181669, 187150 and 189244, effective November 7, 2018.)

A.  “Acquisition” means the addition, by purchase or donation, of a real property interest, and includes such physical activities, referred to as “stabilization,” as are necessary to make the land suitable for development or use, including, but not limited to, fencing, demolition of existing structures, landscaping and restoration, or installation of security systems.

B.  “Administrator” means that person designated by the Director to manage and implement this Parks and Recreation SDC program.

C.  “Applicant” means the person or entity who applies for a building permit.

D.  “Application” means the Parks SDC Information Form together with other required forms and documents submitted at the time of application for a building permit.

E.  “Building Official” means that person, or other designated authority charged with the administration and enforcement of the state building codes for the City, or a duly authorized representative.

F.  “Building Permit” means a permit issued by the City Building Official pursuant to the state building codes. 

G.  “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.

H.  “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. 

I.  “City” means the City of Portland, Oregon.

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,” as related to construction costs, means the Seattle Area Engineering News Record (ENR) Construction Cost Index and, as related to land acquisition costs, means the change in the sum of the Central City and Non-Central City (the Sub-Areas) ratios of unimproved land values to the number of accounts, 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 Agreement” means a written agreement approved by the Director that is:

1.  An agreement between the City and another entity that includes as an element the conveyance to the City of capacity-increasing Real Property Interests or capacity-increasing capital improvements, for parks and recreation use, in connection with the undertaking of a New Development that is subject to the SDC imposed by this Chapter; or

2.  An agreement between agencies of the City that includes as an element the acquisition of capacity-increasing Real Property Interests or construction of capacity-increasing capital improvements, for parks and recreation use, in connection with a New Development that is subject to the SDC imposed by this Chapter; or

3.  An agreement for the donation of capacity-increasing Real Property Interests or capital improvements, for parks and recreation use, that provides for the consideration of the donation as a Qualified Public Improvement in a subsequent New Development subject to the SDC imposed by this Chapter; or

4.  An agreement under Subsections 1.-3. of this Section that, instead of or in addition to the conveyance of Real Property Interests or capital improvements, provides for donation to the City of money to be used for the acquisition of capacity-increasing Real Property Interests or the development of capacity-increasing capital improvements, for parks and recreation use.

N.  “Director” means the Director of Portland Parks & Recreation for the City of Portland.

O.  “Dwelling Unit” means one or more habitable, as defined in City Code Section 24.15.075.

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.  When a Development contains both Dwelling Units and other uses, that portion of the Development containing Dwelling Units shall be considered “Residential Development,” and that portion devoted to other uses shall be considered “Non-Residential Development.”

R.  “New Development” means development for which a Building Permit is required, including existing development for which a required Building Permit was not obtained.

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,” as amended in accordance with this Chapter, of projects to be funded with Parks and Recreation SDC revenues.

V.  “Permit” means a Building Permit.

W.  “Previous Use” means the most intensive permitted use conducted at a particular property within 36 months before the date of completed Application.  Where the property was used simultaneously for several different uses (mixed use), for the purposes of this Chapter all of the specific use categories shall be considered. 

X.  “Proposed Use” means the use proposed by the Applicant for the New Development. 

Y.  “Qualified Public Improvement” means any parks and recreation system capital facility or conveyance of a Real Property Interest that increases the capacity of the City’s Parks and Recreation System, is approved by the Commissioner-in-Charge or designee, and meets the definition and requirements of qualified public improvements under ORS 223.304(4) and 223.304(5).  Additionally, unless there is a conflict with ORS 223.304(4) or 223.304(5), the following will be considered qualified public improvements:

1.  A conveyance of Real Property Interests or capital improvements for public recreational use specified in a Development Agreement between the City and a developer entered into before the effective date of this Ordinance.  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.

2.  A donation of money to the City to be used for acquisition of Real Property Interests or capital improvements for parks and recreational use, if memorialized in a Development Agreement.

3.  A donation of a habitat or trail.  If the 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 donation is a trail, it must be a major public trail designated on the City’s Official Zoning Maps.

4.  An improvement or conveyance of Real Property Interests for parks and recreational use that does not otherwise qualify as a Qualified Public Improvement; is not separately eligible for a credit, bonus, or other compensation; and, in the opinion of the Director in their reasonable discretion, serves the City’s public parks and recreation needs.

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 49% Land Portion
29% Improvement 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 A to Ordinance 187150, as may be modified.

EE.  “Temporary use” means a construction trailer or other non-permanent structure.