Ordinance No. 82-84 CITY OF TIGARD, OREGON
ORDINANCE NO. 82-IJ
AN ORDINANCE Or THE TIGARD CITY COUNCIL AMENDTNG CHAPTER 3.16, DEVELOPMENT
CHARGES -- RECREATION FACILITIES, OF THE TIGARD MUNICIPAL CODE; AND FIXING AN
Eg MQC.TIVE DATE:
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council finds it necessary and prudent to update
the language in Chapter 3.16 to reflect the Tigard Comprehensive
Plan Element and to allow purchases of major park maintenance
equipment from the Park SDC Fund, and thus repeals Chapter 3.16,
Development Charges =Recreation Facilities of the Tigard
Municipal Code in its entirety and replaces Chapter 3.16 with the
attached Exhibit "A", to read as follows:
SECTION 2: This ordinance shall be effective on February 1, 1983; provided,
however, that the Council shall review TMC Chapter 3.16 at its
first regular meeting in October 1983.
PASSED: By the City Council by te&4(m,v"0us vote of all Council members
present after being read by number and title only, this a2 o day
Of 1982.
Cit order - City ofand
Approved: By the Mayor this day of p,? c,,,,d e✓ 01
, 1982.
Mayor - City of Tigard
ORDINANCE NO. _82 ?q
(0447A)`
Chapter 3.16
Y1.
DMJaQPHRHT CHARGES--
RECREATION FACILITIRS
Sections:
3.16.010 Charge Imposed-Purpose.
3.16.020 Definitions.
3.16.030 Formula for determining charge.
3.16.040 Payment.
3.16.050 Exemptions.
3.16.060 Dedications in lieu of fees.
3.16.070 Park and recreation development fund.
3.16.050 Appeals.
3.16.040 Scope--Constructioa.
3.16.010 Charge Imposed--Purpose. A system development charge is hereby
imposed to acquire, develop, and expand additional park and recreation
facilities and the purchase of major park and recreation maintenance equipment
as defined in Section 3.16.020, and shall be collected in connection with the
development of all residentially designated properties within the City of
Tigard, as provided in the Tigard Comprehensive plan.
3.16.020 Definitions. For the purpose of this chapter, the following
definitions and their derivatives shall apply:
(1) "Additional park and recreational facilities" means those areas and
facilities deemed necessary for public health, safety, and general welfare to
maintain an adequate level of recreational apace and facilities as specified
lit
` in the Natural Features and Open Space Element of the Tigard Comprehensive
Plan. Said areas and facilities include but are not limited to parks; open or —
undeveloped land suitable for passive or active recreation; pathways; swimming
pools; play courts; playgrounds; and gymnasiums.
(2) "Building permit" means any permit issued under ORS 456.750 to
456.450.
(3) "Development" means and includes:
(A) The establishment of a residential use of any parcel of land or
the construction or the placing of a structure upon a parcel not previously
occupied by any residential structure;
(H) Any alteration or change in use which increases the number of
parking spaces required pursuant to Title 15 of the Tigard Municipal Code; or
(C) The resumption of use after a period of non-use exceeding one
ratr which the City Council may find creates a substantial likelihood of
increasing the need for parks or park facilities.
(4) "Major park and recreation maintenance equipment" means an,;
substantial acquisition in excess of $5,000 of equipment, or components
thereof for use in maintaining parks and recreational areas.
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3 16 030 Formula for determining charge. (a) The following formula has
( -wean used as the basis for determining the system development charge:
b.
r
system Development Charge Formula
1-
A S P x $ S
(6f s Park acreage standard (Fee u Natural Features and
t
9 Open Space Element) i
*(P) a Average number of people per unit
**($) - Average sale price of residential land
(S) a System charge ti
*The present (1980) average number of people per household as verified by
Portland State University's Center for Population Research are as follows:
;
Single-family - 3.28
Multi-family - 1.95 r
Mobile home - 1.61
a
**The present average sale price of unimproved residential land as
estimated by Washington County's office of assessment and taxation is $9,500
per acre.
Using these figures and the Natural Features and Open Space Element
standard of one acre of park for every one hundred people and an average i
appraised value of residential land of $9,500/acre**, the fee assessed per
unit would be as follows:
Single-family . Mobile Home Multi-family.
1 ac/100 x 3.28 x $9,500 .01 x 1.61 Z $9,500 .01 x 1.95 x $9,500
- .01 x 3.28 x $9,500 m .0161 x $9,500 - .0195 x $9,500
.0328 x $9,500 m $152.95 a $185.25
s�311.60
(b) The system development charge is imposed upon the development of all
lands in the City of Tigard, according to the demands which the proposed
development of said lands place uponthe park and recreation system serving
the City as described above. Charges are set at one-third of the figures
derived from the formula set out in_subsection (a) of this section and rounded
to the nearest even ten. Thus the charges to be made are as follows:
(1) Single-family residential unit $100,00;
(2) Multi-family residences 60.00 per unit;
(3) Mobile homes 50.00 per space.
3.16.040 Payment. The system development charge shall be immediately due
Fv
and payable upon development, including receipt of an application for a
residential 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 or additions,
alterations or changes in use which creates a dwelling unit as defined in this
title. The building official shall decline to issue any such permit until
_ such charge has been paid in full.
3,16.030 Exemptions. The following properties shall be exempt from the
\` charges imposed in Section 3.16.030:
(1) City-owned land;
(2) Any single dwelling unit on a lot of more than one acre in size;
%v. A«^S p•� C! C. !=--d which «_- Mn o7G3�'-`9 9 sheduse is �4aaapteemr teemteem ?4a
®.
system development charge to tgee 'aEta.nt Or any structure then --,sting on the
land or covered by a building pormi% iacuad on or before August 11, 1977.
3.16.060 Dedications in lieu of fees. (a) Developers of subdivisions
who apply for several building permits simultaneously with preliminary or
final plat approval shall be afforded the option of dedicating land in lieu of
the system development charge under such conditions as may be provided by the
approval authority under such plan and this title. Any such offered
dedication may be accepted only if the land offered can be used for
recreational purposes in a manner consistent with the Natural Features and
Open Space element of the Tigard Comprehensive Plan; or if the land is to be
sold by the City to obtain funds for such purposes pursuant to such element;
and provided further that such land has not been used to obtain a density
trade-off in a planned development pursuant to TMC Title 18.
However, no dedication shall be accepted for land '•ahic h, according to the
Natural Features and Open Space Element of the Tigard Comprehensive Plan, is
inadequate in size or unsuitable in location or topography for the facilities
necessary to satisfy the needs of the new City residents.
(b) If any dedication does not fulfill the required system development
charge for the number of units in the subdivision, as set forth in Section
3.16.030, a fee shall be collected to make up the difference. The formula and
average cost per acre of unimproved residential property, as defined in
subsection (a) of Section 3.16.030, shall be kept on file by the building
official and updated annually by Council Resolution. One-third of this cost
per acre shall be used as the standard for determining the value of any land
dedicated in lieu of the system development charge.
(e) Credit against the system development charge shall be given for
additional park and recreational facilities provided within the development or
at an established recreation site provided that such facilities will at all
times be available and accessible to the general public, and provided further
that the approval authority determines such facilities to be necessary to
serve the needs of the public, as provided in the Natural Features and Open
Space Element of the Tigard Comprehensive Plan.
3.16.070 part[ and recreation development fund. There is hereby created a
dedicated fund entitled "Park and Recreation Development Fund." All funds
derived from the system development charge provided by this chapter shall be
placed is 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 lime for
the creation of the two park and reccomLion a:.al:.P .o.-.t dictr ic_s. AlA
revenues collected on account of park and recreation facilities shall be
placed in the fund and expended for acquisition or development of additional
park and recreation facilities within the district in which they are
collected. Any expenditure of'funds for major park and recreation maintenance
equipment shall be expended equally from each district if used on a citywide
basis; otherwise. such expenditures shall be pro-rated by anticipated use of
the equipment. All such funds shall be used for no purpose other than those
activities nocammar,; for acquisition, develoMent or expansion of recreational
facilities as defined in Section 3.16.020.
OWN
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,_. , 16•ogo Appeals. Any person who is a6grieved by any decision required
or pecaitted to be made by the City Administrator. Planning Director or
Building Official under this chapter may appeal that decis'On to the City
Caounc:i by f ili ng a wr!ttep reouest with the city Recorder describing with �...
piLrticularity the decision of the officer fcom which t;.a r.?.r*On a,,e�la. :»
.ds..s t „ v;r" detvrmine whether the decisions is e
i*s��v e-----E3a a appeal, the. Co uic:.i ...t+ t
correct and may affirss. taodifv, a=_tend or uve_sule rh__ ��c:=ieu• -_
3 16 090 Scope-=:gq_nstruction. (a) The system development charge :
provided in his chapter is separate from and in addition to any applicable
taw. assessment, charge. or fee otherwise provided by law.
(b) The rules of statutory construction provided in ORS 174.010 through
174.110 are adopted and by this reference made a part of this chapter.
(0447A)
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