Ordinance No. 21-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 21-Q 7
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 3.24.080 TO ALLOW FOR
SUBMITTAL OF DEFERRAL REQUESTS PRIOR TO ISSUANCE OF BUILDING PERMITS AND
LAND USE APPROVAL,IF NO BUILDING PERMIT IS REQUIRED.
WHEREAS, Chapter 3.24 of the Tigard Municipal Code ('TMC) establishes system development charges
(SDCs) for the City;and
WHEREAS,under current code, SDCs are due and payable upon issuance of the building or plumbing permit
to which the fees relate,with the exception of water SDCs,which are due and payable upon purchase of a water
meter;and
WHEREAS, the City currently allows deferral of transportation or park SDCs to occupancy if the deferral
request is submitted not later than the time of building permit application or if no building permit is required,
then upon land use application;and
WHEREAS,the City staff recommends that the deferral request submittal requirements be revised to allow for
the deferral request to be submitted prior to issuance of the building permit or,if no building permit is required
land use approval;and
WHEREAS, the proposed changes will provide applicants greater flexibility as to when they can submit a
deferral request, as well as allow more options for the timing of SDC credits.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 324.080 is amended as follows (additional text is underlined and
deleted text is shown in strikcthrough):
A. SDCs are calculated and are due and payable as follows:
1. Calculation. SDCs are calculated based on the fees in effect at the time of
submittal of the complete building or plumbing permit application to which the
fees relate. If a building or plumbing permit is not required and a land use
decision is required,SDCs are calculated based on the fees in effect at the time of
submittal of the complete land use application to which the fees relate.
2. Due and Payable.Water SDCs are due and payable upon purchase of a water
meter.All other SDCs are due and payable upon issuance of the building or
plumbing permit to which the fees relate. If a building or plumbing permit is not
required and a land use decision is required,all other SDCs are due and payable
upon issuance of the land use decision to which the fees relate.
B. The city may not issue a required building permit or allow a connection to the city's
systems until all applicable SDCs have been paid in full;deferral has been approved
pursuant to subsection D;exemption has been granted pursuant to Section 3.24.100;
ORDINANCE No. 21-6 CI
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or installment payment arrangements have been made pursuant to Section 3.24.090.
C. If development commences or a connection is made to the city's water, sanitary
sewer, or stormwater systems without the required building permit or land use
approval, all applicable SDCs will be immediately due and payable.
D. Notwithstanding subsection A.2 of this section, the applicant may request deferral
of payment of transportation or park SDCs to occupancy.The request must be made
in writing to the administrator prior to issuance of the no later than the time of
building permit application or,if no building permit is required,then upon land use
approval application. Any deferred SDC must be paid in full prior to final inspection
or the issuance of an occupancy permit.
SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity does not affect the other provisions or applications of the
ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable.This City Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By 2zI1 �J711vote of all council members present after being read by number
and tide only,this J?ti'd ay of ..4—�.��." ,2021.
Carol A. Krager,City Recofder
APPROVED: By Tigard City Council this /ff d ay of ,2021.
Jain.B. Snider,Mayor
Approved as to form:
City Attorney
Date
ORDINANCE No. 21-0 i
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