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Ordinance No. 77-71 CITY OF TIGARD, OREGON ORDINANCE NO. 77- 71 AN ORP,INANCE ESTABLISHING AND IMPOSING A SYSTEM DEVELOPMENT CHARGE TO MAKE ADEQUATE PROVISION FOR YANKS AND RECREATION FACILITIES, FIXING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. Whereas after appropriate and lengthy consideration of public agency reports, staff studies , comments, and criticisms of interested persons and the general public, the City Council has determined that it is reasonable and necessary to enact and impose a system develop- ment charge on buildings serving as residential dwelling units, as defined in Section 18.08. 150, Tigard Municipal Code, for the purpose of protecting the public health, safety, and general welfare by im- posing costs of additional parks and recreation facilities upon prop- erties which create needs for such additional facilities. Therefore, in order to implement the decision described above, the City of Tigard ordains as follows: SECTION 1: Purpose A system development charge is hereby imposed to imple- ment the acquisition, development, and expansion of ad- ditional recreational spaces and facilities as defined in Section 2 hereof, and shall be charged to properties which create additional needs for those facilities. SECTION 2: Definitions (1) Building permit - Any permit issued by the building official in accordance with Title 14 of the Tigard Municipal Code as amended. (2) Additional park and recreational facilities - Those spaces or facilities that are necessary for public health, safety, and general welfare to maintain an adequate level of recreational space and facilities as specified in the Tigard Community Plan and En- vironmental Design and Open Space Plan thereto Said spaces and facilities include but are not limited to parks; open, undeveloped land suitable for passive or active recreation; pathways; swim- ming pools; play courts; playgrounds; and gymna- siums. SECTION 3: System Development Charge Imposed: Rate review (1) The following formula is hereby established as the basis for determing the system development_charge. Ordinance No. 77- 7 System Development Charge Formula (A) = Park acreage standard *(P) = Average # of people per unit A X P X $ = S **($) = Average sale price of residential land (S) = System charge * The present average number of people per household as varified by Portland State University's center for popula- tion research are as follows: Single family - 3.28 Multi-family - 1.95 Mobile home - 1.61 ** The present average sale price of unimproved residen- tial land as estimated by Washington County's Office of Assessment and Taxation is $9,500 per acre. Using these figures and the proposed standard of one acre of park for every 100 people and an average appraised value of residential land of $9,500/acre**, the fee as sessed per unit would be as follows: Single Family Multi-Family "s 1 ac./100 X 3.28 X $9,500 .01 X 1.95 X $9,500 = .01 X 3.28 X $9,500 = .©195 X $9,500 = 0328 X $9,500 = $185.25 $311.60 Mobile Home .01 X 1.61 X $9,500 .0161 X $9,500 , _ $152.95 (2) A system development charge is hereby imposed upon all lands within the City of Tigard according to the demands which proposed development of said lands will place upon the park and recreation system serv- ing the City of Tigard. The charges are set at one third of the figures derived from the established formula as defined in Section 3(1) hereinand rounded off to the nearest even ten and thereby adjusted ac- cording to purchase price of the dwelling unit, ac- cording to Section :5(3) herein. The remaining two .; Page 2 �s" Ordinance No. 77- 7( r s. r; s, �M thirds to be made up by state and federal grants and/ or special levies. A. Single family residential unit having a purchase price over $40,000.00. .$100.00 B. For single family residential units priced below $40,000, see Section 5(3); herein. C. Multi-family residences. .$ 60.00/unit j D. Mobile home court spaces $ 50.00/space ! SECTION 4: Collection The system development charge is immediately due and pay- able upon receipt of an application for building permit. The applicant for such permit shall pay and the building official shall collect the applicable system development charge prior to issuing any building permit for any new construction and/or additions, alterations or change in use which creates a dwelling unit as defined in Section 18.08.150 of the Tigard Municipal Code. The building of- ficial shall decline to issue any such permits until that charge has been paid in full. SECTION 5: Exemptions (1) The following properties shall be exempt from the charges imposed in Sections 3 and 5(3) herein. A. City owned land u. Any sinfilo dEvelling unit on a lot of more than one acre in size. _-- -- C. Any parcel of land which has an established use is exempt from the system development charge to the extent of any structure then existing on the land or covered by a building permit issued on or before the effective date of this ordinance. (2) Temporary exemption - Any parcel of land located ps. within the city on the effective date of the ordi- nance, for which a valid, and complete pending build- ing permit,application was filed on or before the effective date of the ordinance, shall be exempt from the system development charge to the extent of the structure covered, by that pending building per mit application. Page 3 1 Ordinance No. 77-_2L A (3) Discretionary Exemptions In accordance with the City's adopted Housing Poli- cies and Housing Assistance Plan, which generally seeks to encourage the provision of a range of hous- ing types and costs, the City Council hereby de- termines that it is in the interest of the City to assist and encourage the development of reasonably priced single family housing and that to this end the system development charge fee is -to be modified as follows: 1. For single family dwellings having a purchase price of $36,000 to $39,999, the fee shall be $75 per unit . 2. For single family dwellings having a purchase price less than $36,000, the fee shall be $50 per unit. The above housing unit purchase prices will be re- viewed by the Council annually using information sup- plied by the Oregon State Housing Division to ascer- tain that they adequately address the City's estab- lished housing policy regarding the provision of ade- quate amounts and types of housing to meet the needs of low and moderate income persons. SECTION 6: Dedications in lieu of fees (1) Developers of subdivision who apply for several building permits simultaneously shall be afforded the option of dedicating land in lieu of the system development charge. Any such offered dedication may be accepted only if the land offered can be used for recreational purposes in a manner consistent with the park and recreation element of the Tigard Com- munity Plan and the Environmental Design and Open Space Plan as they now exist or as subsequently amended; or if the land can be sold by the City to obtain funds for such recreational purposes; and provided that such land has not been used to obtain a `density trade-off in a planned development pursu- ant to Chapter 18.56, Tigard Municipal Code. However, no dedication shall be accepted for land which, according to the park and recreation element of the Tigard Community Plan and Environmental De- sign e sign and Open Space Plan, may be inadequate in size or unsuitable in location or topography for the fa- cilities necessary to satisfy the needs of the new residents. Page 4 Ordinance No. 77 ?t i { (2) If any dedication does not fulfill the required sys- tem development charge for the number of units in the subdivision, as set forth in Section 3 herein, a fee shall be collected to make up the difference. The formula and average cost per acre of unimproved residential property, as defined in Section 3-1 herein, will be kept on file by the building offi- cial and updated annually. One third of this cost per acre shall be used as the standard for determin- ing the value of any land dedicated in lieu of the system development charge. (3) Credit against the system development charge may be given for recreational facilities provided within a subdivision or at an established recreation site provided that such facilities will at all times be available and accessible to the general public, and provided that the Planning Commission, Site Develop- ment Plan and Architectural Review Board, Park and Recreation Board and/or Planning Director determine such facilities to be necessary to serve the needs of the public. SECTION 7: Fund Creation: Segregation and use of revenues There is hereby created a dedicated fund entitled Park and Recreation Development Fund. All. funds derived from the system development charge are to be placed in one of two park and recreation development district funds and be segregated by accounting practices from all other funds of the City. Pacific Highway (designated State Highway 99W) shall serve as the dividing line for the creation of the two park and recreation development dis- tricts. All revenues collected on account of park and recreation facilities shall be placed in the fund and ex- pended for acquisition and/or development of park and re- creation facilities within the district in which they are collected. All such funds shall be used for no purpose other than those activities necessary for acquisition, development or expansion of recreational facilities as defined in Section 2 herein. SECTION 8: Appeals Any persons who is aggrieved by any decision required or permitted to be made by the City Administrator under this ordinance may appeal that decision to the City Coun- cil by filing a written request with the City Recorder, describing with particularity the decision of the City Administrator from which the person appeals. In consider- ing the appeal, the Council shall determine whether the City Administrator's decision is correct and may affirm, modify, extend or overrule that decision. Page 5 Ordinance No. 77--2 r SECTION 9: Scope The system development charge provided in this ordinance is separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law. Construction. - The rules of statutory construction pro- vided in ORS 1.74.010 to 174 ,110 are adopted and by this reference made a part of this ordinance. SECTION 10: Emergency Clause The earliest imposition of the provisions of this ordi- nance is necessary to derive necessary revenues, to pro- mote fairness by imposing costs upon properties which cause expenses to be incurred and to preserve the peace, health, and safety of the public. Accordingly, an emergency is declared, and this ordinance will take ef- fect immediately upon its passage by the Council and ap- proval by the mayor. PASSED: By majorit vote of all Council members present, after being reavt'hree times by number and title only this /( day of �,�.a 1977. yy�L- ��rt.L.1 Recorder - City Tigard APPROVED: By the Mayor this L day of 14eu1977. Mayor City of Tigard y r u Page Ordinance No. 77- 71