Ordinance No. 78-53 E.
CITY OF TIGARD, MELON 1'
ORDINANCE NO. 725-53 {
AN ORDINANCE AMENDING ORDINANCE 77-26 AND ORDINANCE NO. 77-37,
TOGETHER MAKING UP THE "SYSTEM DEVELOPMENT CHARGE" ORDrNetgCF
FOR EXTRA CAPACITY STREET FACILITIES, DECLARING AN EMERGENCY.
t
WHEREAS the City Council of the City of Tigard passed Ordinance
No. 77-26 on April 11, 1977, and Ordinance No. 77-37 on May 9,
1977, the first of these Ordinances establishing the Systems
Development Charge for extra capacity street facilities, the second
amending it to create certain credits, and —
WHEREAS Ordinances No. 77-26 and 77-37 were the subject of a
declaratory judgment action in the Circuit Court of Washington
County resulting in an opinion of the Circuit Court, dated August
29, and in a judgment declaring the ordinances void on account
of certain defects, and
WHEREAS it is the wish and intention of the City Council to
conform the ordinances to the requirements identified by the Court
in its opinion, and to continue to impose the System Development
Charge for extra capacity street facilities,
NOW, THEREFORE, Ordinance No. 77-26 is amended as follows:
Section 1: "Section 1: PURPOSE" Ordinance No. 77-26 is amended
to read as follows:
A System Development Charge is hereby imposed to im-
plement the installation, construction and extension of extra
capacity street facilities and traffic control devices, as de-
fined in Section 2 hereof, and shall be charged in connection with
the development of all properties within the City of Tigard.
Section 2: "Section 2: DEFINITIONS" is, amended by re-numbering
subsection 2) Extra Capacity Street Facilities, making it now 3) ,
and adding as a new section 2) the following:
2) Development: The term "Development" as used in this
Ordinance shall include:
A. The first establishment of a use of any parcel of
land involving the construction or the placing of a structure upon
a parcel that was previously not occupied by any structure.
B. Any alteration or change in use which increases
the number of parking spaces required pursuant to Section 18.60.120
of the Tigard Municipal Code.
® o �;-
C. The initial establishment or resumption of use
after a period of non-use exceeding one year which the City Council
may find creates a substantial likelihood of increasing traffic
upon any street within the City of Tigard,
Section 3: "Section 3: SYSTEM DEVELOPMENT CHARGE IMPOSED; RATE
REVIEW" is. amended by re-designating subsection C, D, E, as sub-
sections B, C, and D; deleting subsection B, and amending sub-
section A to read as follows: "single-family residential unit ,
$400."
Section 4: ".Section 5: EXEMPTIONS" is amended by the deletion of
subsection 113) Discretionary Exemptions."
Section 5: Subsrstions 6), 7), 8) , and 9) are re-numbered, and made
subsections 7), 8) , and 9) , and 10) , respectively, and a new Section
6 is created, as follows:
SECTION 6: Credit for costs incurred in making certain
improvements at time of development.
In cases where the Planning Commission, site develop-
ment plan and Architectural Review Board or planning director
determine that certain public improvements are necessary to pro-
tect the public health, safety, and welfare before development :,i
a parcel of land may ensue, the cost of any of these required
improvements which are deemed extra-capacity facilities, as de-
fined in Section 2, shall be a credit against the total System
Development Charge that the developer would otherwise be re-
quired to pay. In determining those costs which qualify as con-
tributing to extra-capacity street facilities, it is understood
that each property in the city is considered responsible for pro-
vision for a standard local street (Tigard Municipal Code, Section
17-28.040), sidewalk, street lighting (Portland General Electric's
specifications) , and storm drainage. An average cost per lineal
k foot of a standard local street will be kept on file by the Public
Works Director and updated annually. This cost per lineal foot
shall be used as the standard for judging when the cost of required
public improvements qualifies as a credit against the system
development charge.
Section 6: Except as amended by the preceding sections of this
ordinance, Ordinance No. 77-26, shall continue in full force and
effect.
Section 7: Ordinance No. 77-37 is hereby repealed.
Section 8: Inasmuch as it is necessary for the peace, health, and
safety of the people of the City of Tigard that the foregoing change
become a permanent part of the City's records, an emergency is here-
by declared to exist and this ordinance shall be effective upon
its passage by Council and its approval by the Mayor.
PASSED: By LUMLUIMA vote of all Council Members present after being
read two times by number and title only this 11th day of
September, 1978.
F Page 2
Ordinance 78-53
M
R
Recorder - pro-tem
City of Tigard
Y
tc
APPROVED: By the Mayor this 11th day of September, 1978.
17
Mayor - City of Tigard
e
'gaga 3
ORDINANCE No. 78-53 F
u..