Ordinance No. 84-15■
CITY OF TIGARD, OREGON
..' ORDINANCE NO. 84-
AN ORDINANCE ESTABLISHING THE SYSTEM DEVELOPMENT CHARGES TO OFFSET CAPITAL AND
MAJOR MAINTENANCE COSTS IN PROVIDING STORM DRAINAGE IMPROVEMENTS, NECESSITATED
_ BY IMPACTS OF INCREASED STORM WATER RUNOFF FROM NEW DEVELOPMENT; REQUIRING THE
CITY OF TIGARD TO COLLECT SUCH DEVELOPMENT CHARGES; AND PROVIDING FOR THE
DEPOSIT OF COLLECTED CHARGES IN THE STORM DRAINAGE SPECIAL REVENUE FUND.
WHEREAS, the Tigard City Council adopted a Capital Improvements Plan as a
planning document; and
WHEREAS, the Capital Improvements Plan cites that significant storm water
runoff and overbank flooding causes hazards to pedestrians and motorists,
damages bridge supports and street foundations, and limits efficient land use;
and
4 WHEREAS, Chapter 3.36 of the Tigard Municipal Code establishes a special
1 revenue Storm Drainage Fund; and
a
WHEREAS, the Impervious Surfaces Charges . funds the maintenance of the
existing system; and
WHEREAS, the System Development Charges is designed to be imposed on new
development to provide revenues for the construction and extension of capital
s systems.
f -
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: Purpose. The System Development Charges are imposed on all new
3 development in the City of Tigard to implement the installation,
operation, and maintenance of storm drainage improvements, as
defined in Section 3; as a means of accommodating the impacts
1 from increased storm water runoff resulting from the conversion
of raw land to developed usages.
Section 2: Definitions.
(1) "Building Permit" means any permit issued by the City
Building Department in accordance with Chapter 14 of the Tigard
Municipal Code, as amended.
(2) "Dwelling Unit" means one or more rooms with bathroom and
kitchen facilities designed for occupancy by one family such as
detached townhouses, condominiums, zero lot-time, etc., where
units are sold and deeded as single-family units.
(3) "Multiple Dwelling Unit11 (MDU) means a building or facility
consisting of more than one dwelling unit, each such unit
_ consisting of one or more rooms with bathroom and kitchen
facilities designed for occupancy by one family.
ORDINANCE NO. 84.
Page '1
(4) "Non-residential Unit" means any building or facility used
" other than as a dwelling unit and which has not been converted to
equivalent dwelling units.
(5) "Equivalent Residential Unit" (ERU) means a residential or
non-residential configuration estimated to place approximate
equal demand on the City's storm drainage system as a
single-family dwelling unit. One (1) ERU shall equal 10,000
square feet.
(6) "Development" means the first establishment of a use of any
parcel of land involving the construction or the placing of a
structure upon a parcel of land that was previously not occupied
by any structure.
Section 3: Pursuant to the general laws of the State of Oregon and the
powers granted in the Charter of the City of Tigard, the Council
does hereby declare its intents-n to acquire, n.,ni constr�ucti
�ri"��"
equip, operate and maintain within and without the city limits of
the City of Tigard, Oregon, open drainageways, underground storm
drains, equipment and appurtenances necessary, useful or
convenient for a c-mplete storm drainage system; and also
including maintenance, extension and reconstruction of the
present storm drainage system of the city.
Section 4: Such charges shall be paid by those liable and placed in a Storm
Drainage Fund into which all charges so collected shall be
deposited and kept as a .fund to be used only for the purposes
aforesaid.
Section 5: System Development Charges imposed; rate review.
(1) A System Development Charges is hereby imposed upon all lands
within the City of Tigard according to the demands which proposed
development will place on the storm drainage system, serving the
City of Tigard as follows:
Single Family Dwelling Unit = 1 ER?T = $250
Multiple Dwelling Unit (MDU) $250 per ERU
Non-Residential Unit = $250 per ERU
These charges, pursuant to this section may be amended by the
City Council by resolution to continue to recover cost of service.
Section 6: Collection. The System Development Charges is immediately due
and payable upon receipt of an application for building permit.
The applicant for such a permit shall pay and the Building
Official shall collect, the applicable System Development Charges
prior to issuing any building permit for any new development.
The Building Official shall decline to issue any such permits
until that charge has been paid in full.
ORDINANCE NO. 84
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Sectio: 77; Exemptions.
(1) The following properties shall be exempt from the charges
imposed in Section 3:
A. City owned land;
B. Non-profit institutions, following a public hearing
before the City Council in order that the Council may
find it within the public interest to subsidize the
applicant in question by waiving the required System
Development Charges.
C. Any parcel of land which has an established use is exempt
-- from the System Development Charges 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 within the
city on the effective date of the ordinance, for which a valid
and complete pending building permit application was filed on or
before the effective date or the ordinance, shall be exempt from
the System Development Charges to the extent of the structure
covered by that pending building permit application.
Section _8: Subject to constitutional limitations the employees of the city
t�.• shall at all reasonable times have access to any premises served
' by the city for inspection, repair or Lhe eiifoicemeaL ei ', e
rx provisions of this ordinance.
Section 9: That this ordinance shall be effective on and after the 31st day
,after its passage by the Council, and approval by the Mayor.
r
PASSED: By Ui),a,n irn®uS_ vote of all Council members present
after being rad by number and title only, this 71+ day of
1984, .
eputy City ecorder - City of Tigard
APPROVED: This day of 1984.
ayor - City-or-Tigard
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ORDINANCE NO. 84-LTA
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(3Mspm/1287.)