For purposes of this chapter, the following definitions apply:
"Accessory dwelling unit (ADU)"means a second or third residential dwelling unit on the same lot as a primary residential dwelling unit, either attached to or detached from the primary unit, and with separate facilities for sleeping, cooking, and sanitation.
"Administrator"means the person, or persons, appointed by the city to manage and implement the SDC program or portions thereof.
"Applicant"means the person who applies for a land use decision or building permit.
"Building official"means the person, or designee, certified by the state and designated as such to administer the state building codes for the city.
"Building permit"means the permit issued by a building official, as required by the State of Oregon Structural Specialty Code Section 105.1 or the Oregon Residential Specialty Code Section 105.1. In addition, "building permit" means a manufactured home installation permit issued by the building official, relating to the placement of manufactured homes in the city.
"Capital improvements"means facilities, real property, or assets used for the following:
1. Water: supply, treatment, or distribution;
2. Sanitary sewer: wastewater collection, transmission, treatment, or disposal;
3. Stormwater: water quality or quantity management, drainage, or flood control;
4. Parks: active or passive parks, open space, or recreational trails; or
"City"means the City of Tigard, Oregon.
"County"means Washington County, Oregon.
"Credit"means the amount by which an applicant may be able to reduce an SDC as provided in this chapter.
"Development"means a building or other land construction, including a physical change in the use of a structure or land, in a manner which increases the demand on or creates the need for new or enlarged capital improvements.
"Improvement fee"means the SDC for costs associated with capital improvements to be constructed.
"Over-capacity"means that portion of a capital improvement that is built larger or with greater capacity than is necessary to serve the development or to mitigate for system impacts attributable to the development.
"Previous use"means the most intensive use conducted at the subject property within the past 18 months prior to the date of application for a building permit, or land use decision if no building permit is required. Where the subject property was used simultaneously for several different uses (mixed-use) then all of the specific use categories will be considered for purposes of this chapter. Where the previous use was composed of a primary use with one or more ancillary uses that supported the primary use and were owned and operated in common, the primary use will be deemed to be the sole previous use of the subject property for purposes of this chapter.
"Proposed use"means the use proposed by the applicant for the subject property. Where the applicant proposes several different uses (mixed-use) then all of the specific use categories will be considered for purposes of this chapter. Where the proposed use is composed of a primary use with one or more ancillary uses that support the primary proposed use and are owned and operated in common, the primary use will be deemed to be the sole proposed use of the subject property for purposes of this chapter.
"Qualified public improvement"means any capital improvement that increases the capacity of the city's system and is:
1. Required as a condition of development approval;
2. Identified as a need and included on the project list; and
3. Not located on or contiguous to the subject property; or
4. Located contiguous to or in whole or in part on the subject property and, in the opinion of the administrator, is required to be built larger or with greater capacity (over-capacity) than is necessary to serve the development of the subject property or to mitigate for system impacts attributable to the development of the subject property. There is a rebuttable presumption that improvements built to the city's minimum standards are required to serve the development and to mitigate for system impacts attributable to the development.
"Regulated affordable housing"means housing that:
1. Is rented or sold to households earning 80% or less of the median family income as defined annually by Housing and Urban Development (HUD) for the Portland-Vancouver Metropolitan Statistical Area (MSA); and
2. Is subject to a local, state, or federal compliance agreement, contract, restrictive covenant, or similar instrument that guarantees that the housing will continue to be rented or sold to qualifying households for a minimum of 20 years from the date of occupancy.
"Reimbursement fee"means the SDC for costs associated with capital improvements already constructed, or under construction when the fee is established, for which the city determines that capacity exists.
"Residential dwelling unit"means a building or a portion of a building consisting of one or more rooms that includes sleeping, cooking, and plumbing facilities and are arranged and designed as permanent living quarters for one family or household.
"Short-term rental"means rental of a residential dwelling unit, or any portion thereof, to overnight guests for fewer than 30 consecutive days.
"Temporary water use"means a water service connection to the city water system for limited periods of time or duration that has minimal, if any, permanent impact on system capacity, such as service to temporary buildings, temporary irrigation systems, or special events.
(Ord. 18-06 §1; Ord. 18-25 §1; Ord. 19-10 §1; Ord. 23-05 §1)