[Ord. No. 2373, Add, 12-4-2003]
LOC Chapter 37 shall be known as the Street Maintenance Fee Ordinance.
[Ord. No. 2373, Add, 12-4-2003]
For the purposes of this chapter, the following terms are defined
as follows:
All transportation-related components located on City-owned
property, City right-of-way or City easements within the City limits
that the City is contractually or legally obligated to operate and
maintain. The components include streets, alleys, curbs and gutters,
bridges, sidewalks and paths, including improvements and installations
related to any and all components, which are designated for use by
motor vehicles, pedestrians, bicycles or other vehicle use.
A parcel or lot of real property upon which any improvement
exists, and upon which activities occur that generate or receive motor
vehicle traffic. Improvement on developed property includes, but is
not limited to, buildings, parking lots, landscaping and outside storage.
One or more habitable rooms that are occupied or that are
intended or designed to be occupied by one family with housekeeping
facilities for living, sleeping, sanitary facilities, cooking and
eating.
The sum (in square feet) of the area at each floor level,
including cellars, basements, mezzanines, penthouses, corridors, lobbies,
stores and offices that are included within the principal outside
faces of exterior walls, not including architectural setbacks or projections.
Included are all stories or areas that have floor surfaces with clear
standing headroom (6 feet, 6 inches minimum) regardless of their use.
For the purposes of trip generation calculations, the gross floor
area of any parking garages within the building shall not be included
with the gross floor area of the entire building.
Institute of Transportation Engineers Trip Generation Manual,
6th edition, or most current edition as appropriate.
Property with a building consisting of two or more dwelling
units, including, but not limited to, apartments, townhouses, condominiums
and duplexes.
A use of property that is primarily not for single-family
or multi-family dwellings.
The utility customer under LOC Chapter 38, if the street maintenance fee is billed with the utility billing under that Chapter, otherwise the person having possession or control of the property.
Property with a building consisting of a single, detached
dwelling unit.
[Ord. No. 2373, Add, 12-4-2003]
A Street Maintenance Fee is hereby established, in an amount
to be determined, and adjusted from time to time, by resolution of
the City Council. The fee shall be based upon the relative direct
and indirect use of, or benefit from, the City street system that
results from activities within the City, as determined in accordance
with the provisions of this Chapter, and shall be imposed upon the
persons responsible for each developed property upon which such activities
occur.
[Ord. No. 2373, Add, 12-4-2003]
The following shall not be subject to the Street Maintenance
Fee:
1.
City-owned
parking lots, which are not associated with public services other
than parking.
2.
Parking
lots owned and operated by Tri-Met for mass transit passengers, such
as "Park and Ride" lots.
3.
Publicly
owned parkland, open spaces, and greenways, unless public off-street
parking designed to accommodate the use of such areas is provided.
4.
Areas
encompassed by railroad and public rights-of-way, except for developed
railroad property such as maintenance areas, non-rolling storage areas
and areas used for the transfer of rail-transported goods to non-rail
transport shall be subject to Street Maintenance Fees.
[Ord. No. 2373, Add, 12-4-2003]
All funds collected pursuant to this Chapter shall be used to
pay costs of operation, maintenance, repair, engineering, improvement,
renewal, replacement and reconstruction of the City street system.
