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ENB-4.05 - System Development Charges Administrative Rules

SYSTEM DEVELOPMENT CHARGES ADMINISTRATIVE RULES

Administrative Rules Adopted by Bureau of Environmental Services Pursuant to Rule-Making Authority

ARB-ENB-4.05


Link to Full Text of Administrative Rules  (PDF Document, 306 kb). What follows is the Table of Contents and an excerpt from the administrative rules:

TABLE OF CONTENTS

1.  Applicability

2.  Purpose

3.  Definitions

4.  Regulatory Authority

5.  General Determination of System Development Charges (SDCs)

6.  Sanitary SDCs

7.  Non-Residential Sanitary Use Review

8.  Stormwater SDCs

9.  SDC Credits

10.  Administrative Review and Appeals

Appendix

A.  Explanatory Information


These are administrative rules of the Bureau of Environmental Services (BES) for the Systems Development Charges program. See the Explanatory Information in Appendix A for applicable code citations, policies, and other information relating to these rules.  


1.  Applicability 

A System Development Charge (SDC) is a charge for connection and use, or increased usage, of City sewers, sewage treatment systems, storm sewers and drainage systems. This charge is collected to reimburse the City ratepayers for design, construction, and acquisition costs to the City's sanitary sewer, storm sewer, and drainage system.

2.  Purpose

Chapter 17.36 of the Portland City Code (PCC) requires properties connecting to sewer and drainage systems under City control to pay the appropriate fees and charges. The intent of the SDC is to recover from new development, as defined in PCC Section 17.04.G, an equitable share of the costs of providing additional capacity in, operating, and maintaining the City sanitary sewer, storm sewer and drainage system.

3.  Definitions

These rules use terms defined in PCC Chapter 17.36 and the following:

A.  “Accessory Dwelling Unit” means a separate, smaller dwelling unit on the same tax lot as the primary dwelling structure.

B.  “Facial Challenge” means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as-applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations.

C.  “Return on Equity” means the rate of return on ownership interest by all ratepayers who have funded capital construction of the City’s sewer, storm sewer and drainage system and assets.

D. “Residential Equivalent Dwelling Unit (EDU)” is the estimated monthly equivalent impact on the sanitary or stormwater system of an average single-family residential dwelling. For the sanitary SDC, an EDU is sanitary flows from an average single-family residential dwelling to the City’s sanitary sewer system, which is adjusted periodically to ensure an accurate average. For the stormwater SDC, an EDU has the following characteristics: 2,400 square feet of impervious area, 70 linear feet of frontage, and the amount of vehicle trips for the category single-family dwelling set by the latest Institute of Transportation Engineers (ITE) Trip Generation Manual currently in effect.

4.  Regulatory Authority

Oregon Revised Statues section 223.297 authorizes local jurisdictions to collect systems development charges for “…equitable funding for orderly growth and development in Oregon’s communities and to establish that the charges may be used only for capital improvements.”

PCC 17.36.040 authorizes the Director of BES to collect fees, including SDCs.

Link to Full Text of Administrative Rules  (PDF Document, 306 kb)


HISTORY

Signed by Bureau of Environmental Services Director September 29, 2004.

Filed for inclusion in PPD September 29, 2004.

Amended by Bureau of Environmental Services Director June 13, 2007.

Amended by Bureau of Environmental Services Director June 11, 2012.

Amended by Director of Bureau of Environmental Services January 24, 2014.

Amended by Director of Bureau of Environmental Services July 1, 2014.

Amended by Director of Bureau of Environmental Services January 8, 2015.

Amended by Director of Bureau of Environmental Services March 12, 2019.

Amended by Director of Bureau of Environmental Services July 17, 2019.

Amended by Director of Bureau of Environmental Services September 18, 2020.