[Ord. No. 2124, Enacted, 9-17-1996]
The City Manager is hereby authorized to enter into cooperative agreements with any other entity authorized to be a holder pursuant to LOC Chapter 59 in order to accomplish the purpose of this Chapter. Such an agreement may include provision of staff support, waiver of any applicable city fees and charges and extension of the incentive program set forth in LOC Chapter 59 to persons who donate conservation easements to the holder. Such an agreement shall include a requirement that any conservation easement within the city limits of the City of Lake Oswego conveyed to the holder other than the City shall grant the City a third party right of enforcement before the donor or the holder may take advantage of any fee waivers or incentives.
[Ord. No. 2124, Enacted, 9-17-1996; Ord. No. 2316, Amended, 3-5-2002; Editorial addition, Amended, 7-16-2004, corrected citation "...LOC" to read as "LOC § 59.04.010]
1. 
At the time of conveyance of a conservation easement to the City or to another holder who has entered into a cooperative agreement with the City under LOC § 59.04.010, the donor may elect to take advantage of one of the following incentives for the donation:
a. 
A credit against any Park and Recreation Systems Development Charge (SDC) imposed against the property pursuant to LOC Chapter 39 at the time of future development, if the conservation easement is determined by the City Manager to further the City’s Park, Recreation and/or Pathways Master Plans or Capital Improvement Plans;
b. 
A credit against any Transportation SDC that may be imposed against the property subject to the easement at the time of future development, if the easement provides for public pathway or walkway access and is determined by the City Manager to further the City’s Pathway Master Plan or Capital Improvement Plan;
c. 
A credit against the surface water management component of the City Utility User Fee imposed pursuant to LOC Chapter 38, if the conservation easement protects a wetland or stream corridor that provides for conveyance of surface water or enhances the water quality of surface water and if the conservation easement includes a right of entry for City staff (as opposed to the general public) for the purpose of operating, maintaining and/or enhancing the stream or wetland subject to the easement to improve surface water conveyance or quality; or
d. 
A credit against the percentage of open space reservation or dedication required pursuant to LOC Article 50.46 (Park and Open Space) at the time of future development of the property, upon a determination by the City Manager that allowance of such a credit would not leave unprotected another significant natural area on the property that otherwise would be required to be protected.
2. 
The incentive credits provided in subsection 1 of this section shall be personal to the donor of the conservation. Such credits or the rights to such credit shall expire upon sale or transfer of the property subject to the conservation easement to a new owner.
3. 
The implementation of each incentive credit will differ on a case by case basis, taking into consideration the size, value, impact on the property and nature of the donated conservation easement. The credit will be implemented by agreement between the City Manager and the donor which shall set forth the nature and duration of the credit based upon these factors.
[Ord. No. 2124, Enacted, 9-17-1996; Ord. No. 2890, Amended, 3-17-2022]
1. 
Property Taxation. ORS 271.785 requires that real property that is subject to a conservation easement shall be assessed on the basis of the real market value of the property less any reduction in value caused by the conservation easement or a highway scenic preservation easement. The statute provides that such an easement shall be exempt from assessment and taxation the same as any other property owned by the holder. Every time the City accepts a conservation easement, it shall notify the assessor of the County in which the property subject to the easement is located and call to the assessor’s attention ORS 271.785.
2. 
Other Tax Issues. The City may inform the donor that election to accept a credit could affect the donor’s tax situation. In no event shall the City be held responsible for any negative tax consequences of acceptance or non-acceptance of an incentive credit under this section.