All terms not defined below shall be defined by the city's Land Development Code (LDC).
"Accessory Dwelling Unit"means a unit complying with the LDC, and ADUs will be charged the adopted rate for the Institute of Transportation Engineers (ITE) classification of "220 - Apartment."
"Arterial"means that term as defined and used in the city's Transportation System Plan (TSP).
"Average Weekday Trips"are the average 24 hour total of all vehicle trips counted to and from a study site from Monday through Friday.
"Assignment"refers to the transfer of a credit voucher or portion of a credit voucher that is transferred to another party.
"Board"means the board of county commissioners of Clackamas County, Oregon.
"Building Official"means that person, or designee, certified by the state and designated as such to administer the State Building Codes for the city.
"Building Permit"means that permit issued by the city building official pursuant to the most recently published versions of the State of Oregon Structural Specialty Code, and the Oregon Residential Specialty Code. In addition, "building permit" shall mean the manufactured home installation permit issued by the city or county building official, relating to the placement of manufactured homes.
"Bus Transit Corridor"includes current fixed-route public bus service (excludes dial-a-ride shuttles and taxi service).
"City"means the city of Happy Valley, Oregon.
"City Attorney"means the legal counsel of the city of Happy Valley, Oregon.
"Collector"means that term as defined and used in Chapter 8 of the city's Transportation System Plan.
"Comprehensive Plan"means the city generalized, coordinated land use map and policy statement that interrelates all functional and natural systems and activities relating to the use of lands, including, but not limited to, sewer and water systems, transportation facilities, recreational and natural resources, and air and water quality management programs.
"Construction Cost Index"means that index published by the Engineering News Record (ENR) Northwest (Seattle, Washington) titled "Construction Cost Index."
"Contiguous"means that a property and an improvement or portion thereof share a common boundary line. A determination of contiguous includes all property subject to the development approval. The boundary lines and area of an improvement shall be determined by the right-of-way and easement areas for the improvement. In addition, multiple properties under common ownership separated by features such as a common area, non-motorized vehicle or pedestrian way, creek, wetland, park, or similar areas; up to a distance of not more than 100 feet between the properties at the boundary with the improvement, are deemed to include the feature in their combined boundary line. Any portion of an improvement that is located beyond the frontage of a property, as determined by the extension of boundary lines perpendicular to the frontage of the property, is not deemed to be contiguous to that property. An intersection improvement shall be deemed contiguous to all property with frontage on the intersection, or that touches the intersection at a point.
"Council"means the city council of the city of Happy Valley.
"Development Agreement"means the tool the city will use to secure the developer's compliance with the commitment to build-out a phased master-plan project, qualifying the initial phases for a reduction under the station area and/or mixed-use reduction provisions.
"Development Permit"means a grading, excavation, engineering, building permit, land use or similar permit issued by the city that approves new development as defined by this section.
"Department"means the city's economic and community development department.
"Department Director"means the director of the city's economic and community development department, or designee.
"Finance Director"is that person employed by the city of Happy Valley that has the responsibility of managing the finance department, or designee.
"Floor Area Ratio (FAR)"means the ratio of the total amount of enclosed gross floor area within a structure to the amount of buildable acreage. For purposes of calculation, both floor area and net site area shall be converted to square feet. (For example, a single-story building constructed on one-quarter of the net developable site would have a floor area ratio of 0.25. If a second story were added, the floor area ratio would increase to 0.50, etc.)
"Gross Floor Area,"for the purposes of this chapter, will mirror the definition in the most recent ITE manual.
"Guest Home"means a unit complying with the LDC. Guest homes will not be charged a TSDC assessment because these units share a kitchen and laundry facility with the primary dwelling on the parcel, and as such are not used for boarding, lodging or rental.
"Improvement Fee"means a fee for costs associated with capital improvements to be constructed.
"Internal Capture Rate"is defined as a percent reduction of trip generation for component land uses to account for trips made internally on site. A reduction of trip generation rates can potentially decrease traffic impact and help reduce external congestion. The internal capture rate is the percent reduction of trip generation estimates for land uses to account for trips made internally on a mixed-use development site.
"ITE Trip Generation Manual"means the most recently published edition of the manual entitled Trip Generation, published by the Institute of Transportation Engineers. A copy of the ITE Trip Generation Manual shall be kept on file with the department.
"Methodology"means the narrative, formulas and charts that serve as the framework for determining the TSDC.
"Minimum Standard Facility"means the facilities necessary to meet the adopted standards for a local public street or road applicable in the location of the subject development.
"Mixed-Use Development"is generally a land development project with a structure, or structures, containing two or more different and interacting land uses. These areas are characteristically higher density, compact walkable areas. Mixing of uses typically includes residential (townhomes, apartments, or detached homes on small lots), retail (mostly specialty and convenience), restaurants, hotels, office buildings, movie theatres, and any other compatible and complimentary uses. Reference Table 2—Mixed-use Development TSDC Reduction Requirements, in Section
3.04.030(G), for further definition of project requirements to qualify for a mixed-use development reduction.
"Multi-Modal"means vehicular, transit, bicycle, pedestrian and wheel chair transportation.
"Over-Capacity"means that portion of an improvement that is built larger or with greater capacity than is necessary to serve the applicant's new development or mitigate for transportation system impacts attributable to the applicant's new development.
"PM Peak Hour Trips"means all vehicle trips to and from a study site during the 60 minute time period of highest trip generation during the afternoon period between 4:00 p.m. and 6:00 p.m.
"Qualified Public Improvement"means a capital improvement that is required as a condition of development approval, identified in the TSDC capital project list adopted by resolution and is:
1. Not located on or contiguous to the new development site; or
2. Located on or contiguous to the new development site, and as demonstrated in the traffic study for the new development is required to be built larger or with greater capacity (over-capacity) than is necessary for the new development to mitigate for transportation system impacts attributable to the new development.
"Rate Schedule"means the TSDC associated with new development types, as adopted by resolution.
"Reimbursement Fee"means a fee for costs associated with capital improvements already constructed or under construction when the fee is established, for which the local government determines that capacity exists.
"Right-of-Way"means that portion of land that is dedicated for public use. Public uses may include, but are not limited to, pedestrian facilities (e.g., sidewalks, plazas), utility placement, signage, etc.
"Station Area Development"includes parcels with some portion of the development site located within a 0.25-mile radius (straight line distance measurement) of a light rail station platform or a bus transit corridor, both of which facilitate travel to multiple geographic routes, typically resulting in reduced impact to the transportation system by encouraging multi-modal transportation and reducing the impact on the surrounding transportation system. Reference Table 1—Station Area Development TSDC Reduction Requirements, in Section
3.04.030(F), for further definition of project requirements to qualify for a station area reduction.
"TSDC Capital Project List"means a list of capital projects adopted by the council, identifying the estimated cost, timing, and portion of project costs to be funded by the TSDC.
"Zone of Influence"shall be identified by drawing a border around the outermost intersections/facilities studied in the Traffic Impact Analysis as measured in relationship to the city limits to develop a boundary. If the improvements that generated the original credits are within the zone of influence boundary of the development receiving the credit, including within areas of unincorporated Clackamas County, or otherwise located within the city limits of the city of Happy Valley, the credits may be reassigned because the two developments have similar impacts and traffic patterns.
(Ord. 528 § 1, 2017; Ord. 548 § 1, 2019)