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City of Portland

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17.13.080 Alternative Calculation for SDC Rate.

(Amended by Ordinance Nos. 181669 and 189244, effective November 7, 2018.)

A.  Pursuant to this section, an Applicant may request an alternative Parks and Recreation SDC rate calculation if the Applicant believes that the Applicant’s SDC should be lower than that calculated by the City.

B.  Alternative SDC Rate Request

1.  The Applicant’s alterative SDC rate calculation request must provide the Applicant’s reasons that the City’s occupancy assumptions for the class of structures that includes the New Development are inaccurate because:

a.  For residential development, the number of persons per Dwelling Unit is or will be fewer than the number of persons per Dwelling Unit established in the SDC Methodology Report; or

b.  For non-residential development, the number of resident equivalents per 1,000 square feet is or will be fewer than the number of resident equivalents per 1,000 square feet established in the SDC Methodology Report.

2.  Alternative SDC rate calculations must be based on analysis of occupancy of classes of structures, not on the intended occupancy of a particular New Development. 

3.  The City will not entertain an alternative SDC rate calculation request filed after the City has completed the final inspection for the New Development.  Upon the timely request for an alternative SDC rate calculation, the Administrator will review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal.

4.  The Applicant must provide complete and detailed documentation, including verifiable dwelling occupancy data, analyzed and certified by a suitable and competent professional.  The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, demographics, growth projections, and techniques of analysis.  The request must demonstrate that the rate established in the SDC Methodology Report does not accurately reflect the New Development’s impact on the City’s capital improvements.

5.  The Administrator shall apply the Applicant’s alternative SDC rate calculation if, in the Administrator’s opinion:

a.  The evidence and assumptions underlying the alternative SDC rate calculation are reasonable, correct and credible and were gathered and analyzed in compliance with generally accepted principles and methodologies consistent with this Section;

b.  The proposed alternative SDC rate better or more realistically reflects the actual impact of the New Development than the rate set forth in the SDC Methodology Report.

6.  The Administrator will respond with a written decision to the Applicant within 21 days of receipt of the Alternative SDC rate calculation request by email or certified mail and either approve or deny the request.