Ordinance No. 91-19 CITY OF TIGARD, OR
ORDINANCE NO_
AN ORDINANCE ADOPTING THE CITY OF TIGARD PARRS
SYSTEMS DEVELOPMENT CHARGE; REPEALING ORDINANCE 87-71: AND
DECLARING AN EMERGENCY
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section _1: The Tigard City Council hereby finds:
A. ORS 223.208 and 223.297 through 223.314 grant the City
the authority to impose sysTcem I I=
deveiapmeni charges SDC) to
equitably spread the cost of essential park land acquisition and
capital improvements to new development.
B. The purpose of the Parks SDC is to impose an equitable
share of the public cost of park land acquisition and park
development upon those developments that create the need for or
increase the demands on capital improvements. The Parks SDC is
separate from and in addition to any applicable tax, assessment,
charge, fee in lieu of assessment, or fee otherwise provided by law
or the cost of complying with requirements or conditions imposed
upon a land development. The Parks SDC is to be considered in the
nature of a charge for a service rendered or to be rendered, or a
charge for facilities provided or to be provided.
C. The Parks SDC is a charge upon the act of development by
whomever seeks the development permit. It is a fee for service
because it contemplates a development's receipt of essential
municipal services based upon the nature of that development. The
ti tni nn -nr1 extent ofdavai
yrs ,.�„ vYmenz are within the control and
discretion of the developer.
D. The Parks SDC is not intended to be a tax on property or
on a property owner as a direct consequence of ownership of
property within the meaning of Sec 11b, Art. XI of the Oregon
Constitution or the legislation implementing that section.
E. Even if the SDC herein imposed is viewed under Sec 11b,
Art XI of the Oregon Constitution as a tax against property or
against a property owner as a direct consequence of ownership of
that property, it is an incurred charge within the meaning of that
Section and the statutes implementing it because:
1) It allows the owner to control the quantity of the park
services by determining the extent of development to
occur upon the property.
2) It allows the owner to determine when park services are
to be initiated or increased by controlling when the
development occurs.
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3) State law and the ordinances of this city require the
owner to provide certain basic infrastructure services to
the property when it is developed for human occupancy.
The provision of these basic services, including park
facilities, are a routine obligation of the owner of the
affected property and essential to the welfare of the
community.
F. The Parks SDC imposed by this ordinance is based upon the
cost of providing existing or planned for capital improvements and
does not impose a charge on persons not receiving a service and
otherwise imposing a burde% upon the City's existing capital
iin-provements.
G. Given the mobility of the population and the geographic
size of the City, most park improvement projects and land
acquisitions benefit new development regardless of where in the
City it occurs. Development is occurring throughout the City and
no single area of the City is experiencing or has experienced such
a high level of new development as to require SDC revenue from
development in one area to be dedicated to that same area. It is
more cost efficient to use SDC revenue from new development in the
entire community to finance the growth related portions of park
capital improvements and land acquisition based upon city-wide
priorities rather than to hold the SDC revenue generated in one
area of the community for improvements in just that area.
H Among the basic services which the City provides are park
facilities. These are facilities which are necessary to maintain
an adequate level of recreational space and facilities as specified
in the Natsral Features and Open Space 'Element of the Tigard
Comprehensive Plan. These facilities may include but are not
limited to mini-neighborhood parks, neighborhood parks` community
centers, and other recreational facilities which include but are
not limited to athletic fields, playgrounds, restrooms and picnic
facilities, hard court areas, and pedestrian and bicycle pathways.
I. Whenever the City Council has authorized an
intergovernmental agreement which permits the City to impose a
Parks SDC outside the city limits, the Community Development
Director may establish the methodology, and after its adoption by
Council resolution, impose the charge and collect and expend the
revenue as if it was for City park capital improvements.
Section 2: As contained in this ordinance, the following
definitions shall apply:
Development: Development means constructing a building or
making a physical change in the use or appearance of a
structure or land which increase the usage of any capital
improvements or which creates the need for additional park
capital improvements.
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Public Improvement Charge: A fee for costs associated with
capital improvements to be constructed after the date the fee
is adopted. This term shall have the same meaning as the term
"improvement feel, as used in ORS 223.297 through 223.314.
Qualified Public Improvements: A capital improvement that is:
a) Required as a condition of development approval;
b) Identified in a capital improvement plan, park plan or
any other facility plan intended to guide the development
of public infrastructure.
c) Not located on or contiguous to a parcel of land that is
subject of the development approval.
Reimbursement fee: A fee for costs associatci with capital
improvements constructed or under construction on the date the
fee is adopted.
Systems development charge: A reimbursement fee, a public
improvement charge or a combination thereof assessed or
collected upon issuance of: 1) A building permit; 2) A
development permit for development not requiring the issuance
of a building permit; 3) A permit to connect to the water,
sanitary sewer, or storm sewer systems.
Section 3: Cost of Complying with the Conditions of Land Use
Approval are Separate:
The cost of complying with the requirements or conditions imposed
by a land use decision are separate from and in addition to the
Parks System Development Charge, unless the improvement required
qualifies for a credit under this ordinance.
Section 4: SDC Compliance with Sime Law:
The revenues received from the Parks Systems Development Charge
shall be budgeted and expended;as provided for by state law. The
accounting of such revenues and expenditures required by state law
shall be included in the City's Comprehensive Annual Financial
Report required by ORS Chapter 294. The capital improvement plan
required by state law as the basis for expending systems
development charge revenue for park capital improvements shall be
based upon the attached Exhibit "A which also identifies the
methodology which is used to establish the SDC.
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Section 5: Exemptions From the Parks SDC: The following are
exempt from the Parks SDC:
1) Any development which does not increase the need for or usage
of the City's parks facilities. This shall include any
modification to a dwelling that does not increase the number
of dwelling units within the structure or does not change the
use of the structure.
2) whenever the impact of individual developments presents
special or unique situations such that the calculated fee is
not proportionate to the actual impact of the development, the
feepayer may opt to submit an alternative fee calculation
study addressing whether the development provides public or
private facilities which provide additional public parks
capacity or which l.eseen demand on public facilities. The
study shall be prepared by qualified professionals and the
methodology shall be consistent with the best professional
process.
The study and supporting documentation shall be submitted to
the City Administrator who shall consider the study and
determine whether to adjust the fee. The adjustment may be up
to 25% of the calculated charge for the project. The decision
of the City Manager may be appealed to the City Council by
submitting a written appeal within 60 days of the decision.
Section 6: Collection of System Development Charge: The Parks
System Development Charge is payable upon the issuance of:
a) A building permit; or
b) A development permit for development not reyairing a
building permit.
If development is commenced without an appropriate permit, the
Parks SDC shall be payable upon the earliest date that a permit was
required.
The Community Development Director or his/her designee shall
collect the system development charge from the permittee. The
Director shall not issue any permit until the charge has been paid
in full.
Section 7: SDC Credits:
A credit shall be given for the cost of a qualified park
improvement associated with a development. The credit provided for
by this section shall be only for the parks system development
charge. The credit is transferable and can be used against parks
charges for other developments within the City but must be used
within five years of issuance.
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Section 8: Parks SDC Appeal Procedures:
1) A person aggrieved by a decision required or permitted to be
made by the Community Development Director or his/her designee
or a person challenging the propriety of an expenditure of
system development charge revenues may appeal the decision or
the expenditure " y filing with the Community Development
Director's office a written request for consideration by the
hearings officer and by paying a $235 appeal fee. Such appeal
shall describe with particularity the decision or the parks
system expenditure which is being appealed.
2) An appeal of an expenditure must be filed within two years of
the date of the alleged improper expenditure. The methodology
shall not be at issue when taking an appeal of an expenditure.
3) An appeal challenging the methodology may only be filed within
sixty (60) working days following passage of the resolution
adopting a methodology.
4) The appeal shall state:
a) The name and address of the appellant;
b) The nature of the determination being appealed;
c) The reason the determination is incorrect; and
d) What the correct determination of the appeal should be or
how the correct determination should be derived
An appellant who fails to file such a statement within the
time permitted waives his/her objections, and his/her appeal
shall be dismissed.
5) Unless the appellant and the City agree to a longer period, an
appeal shall be heard by a Hearings Officer within 15 working
days of the receipt of the notice of intent to appeal. At
least 10 working days prior to the hearing, the City shall
mail notice of the time and location thereof to the appellant.
6) The Hearings Officer shall hear and determine the appeal on
the basis of the appellant's written statement and any
additional evidence he/she deems appropriate. At the hearing,
the appellant may present testimony and oral argument
personally or by counsel. The rules of evidence as used by
courts of law do not apply.
7) The appellant shall carry the burden of proving that the
determination being appealed is incorrect and what the correct
determination should be or how a correct determination should
be derived,
8) The Hearings Officer shall issue a written decision within 10
working days after the hearing dame and decision of the
hearings officer shall be final.
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9) When the appeal challenges the system development charge
methodology, the Hearings Officer shall prepare a written
report and recommendation an submit it to the Community
Development Director for presentation to the Council at its
next regular meeting, By Council resolution, the report and
recommendations of the hearings officer shall be approved,
modified or rejected and different methodology adopted. The
implementation of any change in methodology shall be suspended
until the Council has acted. Any legal action contesting the
Council's decision on the appeal shall be filed within 60 days
of the Council's decision.
Section 9: Parks SDC Methodology:
The methodology used to establish a Parks SDC shall consider the
coal: cf then-existing facilities, prior contributions by then-
existing users, and other relevant factors identified by the
Community Development Director. The methodology shall promote the
objective that future system users shall contribute an equitable
share of the cost of then-existing facilities. The methodology
used to establish the public improvement charge shall consider the
cost of projected capital improvements needed to increase the
capacity of the park system to which the fee is related.
Hereinafter, the methodology and the associated systems development
charge(s) may be changed by the City Council by resolution.
} The Community Development Director shall review the methodology
established by this ordinance after it has been implemented for
four months and shall report the result to the Tigard Parks and
Recreation Hoard and the City Council or such other public body of
the City concerned with the impact of City imposed charges and the
cost of capital improvements financed in whole or in part by the
systems development charge. Following that review, the Community
Development Director, upon findings that conditions are such that
warrant changes to the methodology, shall_propose such revisions
for consideration by the City Council.
Section 10: Systems Development Charges Established:
A Parks System Development Charge is hereby imposed upon all new
residential development within the City as follows:
a) Single Family Dwelling. . . . . . .$500.00
b) Manufactured Homes on IndividualLots . . .$500.00
C) Multi-Family Units . �
. . . . . .$300.00
d) Spaces Within'a Manufactured Home Park. . $250.00
The methodology used to establish the above system development-
charges, which is attached as Exhibit "A", is also hereby adopted.
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Section 11: Repeal of Ordinance 87-71:
l
Ordinance 87-71, attached as Exhibit "B" is hereby repealed.
Section 11: Declaration of an Emergency:
Because of the need to have new development bear its equitable
share of the cost for public facilities, the matters herein
contained concern the public welfare, and in order to allow its
order implementation, an emergency is declared and this ordinance
shall become effective upon its signing.
PASSED: By U YlA a(n )C)Ik 5 vote of all Council members
present after bei g read by number and title only, this
�'�` day of f 1991.
C ne Wheatley, Citt Recorde
APPROVED: This _7�no.
t , 1991.
.��
ld R. Edwards, Mayor
Ap r ed as to fo ;
J"
C orn
Dat
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EXHIBIT "A" -- PARRS SDC METHODOLOGY
CITY OF TIGARD:
YEAR 2000 PARKS CAPITAL IMPROVEMENTS LIST
Based on 1991 Land and Facilities Standards and Costs and
Assuming a Population Growth of 10,700 persons
Component Existing Amount or Cost Cost
Standard Facility Units P/Person
Required
Parks - Land Acqusi.-
tion and Development:
- Community, 4.03/Acre/ 43.12 Ac. $40,000/Ac. $161,20
- Neighborhood, 1,000 pop.
- Mini-Parks
Basic Park Improvements:) .50 sq. ft. 87.77
Facility Requirements to Maintain_
1991 Stand ards:2
Softball/Baseball .069/1,000/pop 1 $57,0003 ea. 5.32
ball Diamonds
Multi-Use Hard .069/1,00/pop. 1 7,7Q0 ea. .71
Courts
Soccer Fields . 10/1,000/pop. 1 64,800' ea. 6.05
Playground .34/1,000/pop. 4 20,000 ea. 7.48
Equipment Sets
Horseshoe Court .068/1,000/pop. 1 500 ea. .05
Picnic Shelters .068/1,000/pop. 1 10,000 ea. .93
Restrooms .34 fixtures/ 4 10,000 fix. 3.74
1,000/pop.
Total Possible Park System Development Charge Per Person. . . . . . . .$273.25
'Basic Park Improvements include grading, basic irrigation,
primary pedestrian paths, lawn development and landscaping. $.50
sq. ft. is the estimated current standard of improvement.
'The facility amounts have been rounded to the nearest whole
number.
'The actual cost of constructing a softball diamond is
approximately $1.20 per square foot. In this case the basic park
improvement cost of $.50 sq. ft. has been taken into account.
' A regulation soccer field costs about $1.20 sq. ft to
construct. The cost per facility has taken into account the $.50
sq. ft. basic park improvement cost.
EXHIBIT "A" Continued:
System Development Charge By Type of Unit
1) Single Family Unit (2.626 Persons Per Unit' * $273.25 = $717.56
2) Manufactured Homes on Individual Lots (2.626 Persons Per Unit
$273.35) = $717.56
3) Multi-Family Units (1.858 Persons Per Unit * $273.25) = $507.70
4) Manufactured Home Spaces in Manufactured Home Parks (1,858 Persons Per
Unit * $273.25) _ $507.70
rb/sdcnewrb
'Average household size as per 1987 Portland Metropolitan
Statistical Area estimates and information from the Portland State
L. University Center for Census and Population Research.
CTIY Of ITGARD, URL:GOIU
ORDINANCE- NO. 87-_"
AN ORD iNANC L Of 111(" I IGARD C:lA Y COUNCI I... AMENDING SECTION 3. 1.6.030 Or' THE
I TGARD MUNICIPAL CODE RELATING TO SYSI-EM DI VGI_OPMI NI- CIIARGI=S - PARKS AND
RE CREA"I ION E A( I 11.1.1E IS, AND SL f IN(, AN E.f F EC:I IVE^ DA II:.
WIII RI.A:�t, N `;Yti;I oin dovolopmonL char,-le k imposod on new r-oriklontiAl development
to iacgiiire, d;,velcip, and oxparid alldll;.ional pmrk rand i-ocreaLion fracali.tle;i: and
WIIrm-A!;, the chrirgos cur•reril:ly in oFFoct have not. hr_en adiust.od since 1984
even thouc7h casts associated with acgi.lisit.ion, dove.lopmenL, and expansion of
park and recreation I'acili.ties have incvoasod: and
WHI Ri A;:, the C i Ly Council has adopted a park plan as approved by the Par•!,
Board Lhat seLs For•t-h the costs related to park facility expansion: and
W1 It"REAS, a smwvoy of neighboring communities indicates thaL the City of 5•rr�ti'1
Tigard' ; curr-orit systems development: charge For- parks is well under the J
avera+.le of oi.hvr- City',.-, .in the ar•oa; and
W111-_1?[W;, Lhe Tigard City Council desires Lo remove tl•e formula for determining
charges from Lhe Ii"gird Municipal. Code and Lo set; Lhe charges by resolution
from Lhis Lime for•Lh.
"VIII C1 TY OF 17 CARD ORDAIN« AS FOLLOWS:
Section t: 'Section 3`16,030 Formala fordel erminiric�_char,ge' is amended by
doleti.rig the exist:irig language and adopting the following
r_oplacomprit .language:
"3.16.030 Determination (,f charges . 'the Tigard City Council
shall set the systems development charge by r-esolution."
Sect ion 7: lhis cwdiniance shall be effective on and after- January 1, 1988.
PAS!"rl): fty (kJICar,irr,o".-Svole of all Counci.I members present
after being read by number and title only, this '27--L day
1987.
A-,,r zeC")R. Wilson, City Recorder
APPROVED: This day of -�e��i .� or1987.
Thomas M. Brian, Mayor
Approv ad as to form:
iLy Atom, y
la-7Z
I Date
f. Cs/19000
ORD CNANCF_ NO, 97--?_L_
T