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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. ,` MOW { 4 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 j ,_. , 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) i