This subchapter shall be known, and may be pleaded as, the South
Hillsboro Transportation System Development Charge (SHTSDC).
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
This
subchapter is adopted to ensure that adequate transportation improvements
are available within South Hillsboro to accommodate traffic generated
by development within the area. The SHTSDC applies throughout the
South Hillsboro area as shown on the map attached as Exhibit A-2.
B.
The
SHTSDC is intended to provide funds for those transportation improvements
on the capital improvements project list as established by council
resolution.
C.
The
SHTSDC is imposed in addition to and not in lieu of the Transportation
Development Tax (TDT). New development in the South Hillsboro area
is subject to both the SHTSDC imposed under this subchapter and the
TDT charged under Washington County Code Chapter 3.17.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
As used in this chapter unless the context requires otherwise:
means a person seeking a building permit or a development
permit for property annexed into the South Hillsboro area.
means an application for a building permit or a development
permit for property annexed into the South Hillsboro area.
means the South Hillsboro area identified in Exhibit A-2.
means a roadway or street that has the functional classification
of "arterial" on the city's transportation system plan.
means that permit issued by the city building official pursuant
to the International Building Code. In addition, building permit means
a mobile home placement permit issued by the manager on a form approved
by the Department of Commerce of the state and relating to the placement
of mobile homes in the city. For those uses for which a building permit
is not provided, the final approval granted by the city for the use
shall be deemed a building permit for purposes of this subchapter.
means a roadway or street that has the functional classification
of collector on the city's transportation system plan.
means the city's comprehensive land use plan, transportation
plan, capital improvements plan, public facilities plan or equivalent
plan adopted by ordinance or resolution by the city.
means any requirement imposed on an applicant by the city
in a land use decision, limited land use decision, site plan approval,
or other city action that approves development.
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.
means the amount by which an applicant may be able to reduce
the SHTSDC.
means the city public works department.
means any man-made change to improved or unimproved real
estate, including a building or other land construction, or making
a physical change in the use of a structure or land, in a manner that
increases the usage of transportation capital improvements or which
may contribute to the need for additional or enlarged transportation
capital facilities as determined in this chapter. "Development" includes
new development.
means any permit issued by the city that allows for the use
of a property in a manner which generates vehicle travel demand on
public roadways. This definition is only applicable in the context
of the TSDC assessment.
means those improvements listed on the project list that
are necessary in the interest of public health, safety and welfare
to increase multimodal capacity to address new development. Such improvements
include, but are not limited to, signalization, channelization, widening,
drainage work, pedestrian safety, lighting, acquisition of right-of-way,
necessary easements, street extensions, railroad crossing protective
devices, bridges and bike paths.
means an SDC for costs associated with capital improvements
to be constructed after the effective date of this subchapter.
means that publication entitled "Trip Generation, 9th Edition"
(2012) published by the Institute of Transportation Engineers.
means the area determined by the council to be specifically
benefitted by a local improvement, within which properties are assessed
to pay for the cost of the local improvement.
for roads means facilities to meet the adopted standards
for a local public street or road applicable in the location of the
subject development.
means development for which a building permit or development
permit is required, and which is issued on or after the effective
date of this subchapter.
means those vehicular trips that are made for the specific
purpose of visiting the trip generator site as its primary trip destination,
as well as trips that are attracted to the trip generator site from
the existing traffic volume on roadways within the vicinity of the
generator but which requires a diversion from that roadway to another
roadway(s) to gain access to the trip generator site.
means the final occupancy permit provided for in the International
Building Code or other ordinance of the city. If an occupancy permit
is not provided for a particular use, the final inspection and approval
shall serve as the occupancy permit.
means that portion of an improvement that is built larger
or with greater capacity than is necessary to serve a new development
or mitigate for transportation system impacts attributable to the
new development.
means vehicular trips which are made as intermediate stops
on the way from an origin to a primary trip destination without a
route diversion. Pass-by trips are attracted from traffic passing
the site on an adjacent street or roadway that offers direct access
to the trip generator site.
means the most intensive lawful, permitted use existing at
a particular property not more than 10 years prior to the date of
application for a building permit. Where the site was used simultaneously
for several different uses (mixed use) all of the specific use categories
shall be considered. Where the previous use is composed of a primary
use with one or more ancillary uses that support the primary use and
are owned and operated in common, the primary use shall be deemed
to be the sole use of the property.
means the use proposed by the applicant for a new development.
Where the applicant proposes several different uses (mixed use) for
the development, all of the specific use categories shall be considered.
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 shall be deemed to be the
sole proposed use of the property.
means a transportation system capital facility or the conveyance
of an interest in real property that increases the capacity of the
transportation system, and is: (1) required as a condition of development
approval; (2) identified in the SHTSDC capital improvement projects
list; and (3) not located on or contiguous to property that is the
subject of development approval, or alternatively located on or contiguous
to property that is the subject of development approval and, in the
opinion of the manager, is required to be built larger or with greater
capacity than is necessary for the development or to mitigate for
transportation system impacts attributable to the development.
means an SDC for costs associated with capital facilities
that have already been constructed and have been determined to have
capacity available to serve new development.
means a road under jurisdiction of the city, county or state.
means the program set forth by council resolution that identifies
transportation facility improvements projected to be funded with SHTSDC
revenues and includes the estimated cost, timing and percentage of
costs eligible for funding from SHTSDC revenues for each project.
means the report entitled "South Hillsboro Transportation
System Development Charge Methodology Report," dated June 10, 2015,
as adopted and amended by the council.
means a reimbursement charge, an improvement charge or a
combination thereof assessed or collected at the time of increased
usage of transportation capital facilities or issuance of a development
permit or building permit. SHTSDC also means the charge imposed under
this chapter.
means those facilities needed on a temporary or interim basis
for construction of specific uses, structures or road improvements,
and which are intended to be discontinued when construction is complete.
Temporary construction facilities include, but are not limited to,
accessory construction structures, staging areas, parking and park-and-ride
lots in conjunction with construction of a facility.
means a use or structure on improved or unimproved real estate
that is not permanent and is used for less than 90 days in a calendar
year.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
A SHTSDC
is imposed on all development throughout the South Hillsboro area
as shown on the map attached as Exhibit A-2 and as provided for herein.
The amount of the charge shall be calculated according to HMC 3.30.050.
1.
Except
as otherwise provided in this section, a SHTSDC shall be imposed upon
all development for which an Application is filed, or was required
to be filed, after the effective date of this subchapter, and for
which a building permit or development permit is issued.
2.
At
the time of application, the applicant shall provide the information
requested on a SHTSDC application form regarding the proposed use(s)
and the previous use (if any), of the property, including the following:
a.
A description of each of the previous and proposed uses for the property
for which the building permit or development permit is being sought
with sufficient detail to allow calculation of trip generation for
the entire property under the previous use and for the proposed use(s)
of the development; and
b.
For a residential use, the number of residential dwellings, including
type (i.e., single-family, multifamily, manufactured housing, etc.);
and
c.
For a nonresidential use, the number of units (i.e., number of square
feet, students, movie screens, vehicle fueling positions, beds, etc.)
for the use (i.e., office, shopping center, etc.) to be included in
the development.
B.
The
uses listed and described in this section are exempt, either partially
or fully, from payment of the SHTSDC. Any applicant seeking an exemption
under this section shall request the exemption, in writing, not later
than the time of application for the building permit. Where a development
includes only a portion of one or more of the uses described in this
section, only that/those portion(s) of the development that qualify
under this section are eligible for the exemption. The balance of
the development that does not qualify for exemption under this section
shall be subject to the full SHTSDC.
1.
Remodeling
or replacement of an existing structure (including mobile homes) except
to the extent that the remodeling or replacement creates demands on
the transportation system greater than the existing use of the property;
2.
A
temporary use that does not exceed 90 days in a calendar year;
3.
Temporary
construction facilities as determined by the manager;
4.
A
transit improvement that has the effect of removing vehicle trips
or reducing vehicle miles of travel on the city's major roadway system,
as approved by the manager;
5.
Construction,
remodeling or expansion of a federal or state facility and uses otherwise
exempt from taxation by counties;
6.
Relocation
due to government acquisition of the entire previous use as part of
a project on the project list set by council resolution to the extent
the use at the new site does not exceed the size or impact of the
previous use. Any additional size or impact shall be subject to the
SHTSDC.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
Except
as otherwise provided in this subchapter, the amount of the SHTSDC
shall be calculated by: (1) determining the category of the proposed
use from the list rate table as set by council resolution; (2) determining
the SHTSDC rate per unit for that use set by council resolution; and
(3) determining the number of units for the proposed use. The sum
of the SHTSDC rate per unit, multiplied by the number of units for
the use, shall be the SHTSDC charge.
B.
For
new development on property that had a previous use, the amount of
the SHTSDC shall be determined by calculating the SHTSDC of the previous
use(s) on the property and subtracting that sum from the SHTSDC for
all of the proposed use(s) as provided in HMC 3.30.050(A). Except
as provided in HMC 3.30.050(C), the proposed use and the previous
use shall be determined based on the rates set by council resolution.
C.
In the
event the manager determines that a particular use does not have a
basis for SHTSDC calculation as set by council resolution, the manager
may either:
1.
Determine
the SHTSDC based on the use most similar in trip generation set by
council resolution; or
2.
At
the applicant's election (and expense), consider an alternate SHTSDC
based on a traffic study to estimate the weekday average PM peak hour
vehicle trip generation (new trips minus pass-by trips) of a same
or similar use verified by a registered traffic engineer. In the event
an alternate SHTSDC is utilized, the manager may make such adjustments
as deemed appropriate considering the location, size and other appropriate
factors.
a.
The applicant's traffic study methodology must be consistent with
the methodology report set by council resolution and follow standard
professional traffic engineering practice.
b.
The applicant's study must provide complete and detailed documentation,
including verifiable data. Supporting documentation must rely upon
generally accepted sampling methods, sources of information, demographics,
growth projections and techniques of analysis.
c.
The SHTSDC shall be determined according to the methodology set forth
in council resolution, applied to the trip generation determined by
the traffic study.
3.
If
all of the above criteria are not met, the manager shall provide the
applicant a written decision explaining the basis for rejecting the
proposed study and shall determine the SHTSDC according to HMC 3.30.050(C)(1).
D.
When
a single structure includes more than one use, the manager shall apportion
the uses for purposes of establishing the SHTSDC.
E.
Beginning
on the effective date of this HMC 3.30, and notwithstanding any other
provision of the Hillsboro Municipal Code, the rates per unit for
each land use set forth by council resolution shall on July 1 of each
succeeding year be adjusted based on the annual review as described
in HMC 3.30.140.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
Unless deferred under subsection B or C of this section, the SHTSDC is due and payable at the time of issuance of a building permit by the city. Except as otherwise provided in this section, a building permit or development permit shall not be issued for a development subject to the charge unless it is first paid in full.
B.
Notwithstanding
HMC 3.30.060(A), when the total SHTSDC amount due exceeds the amount
of SHTSDC on a single family detached residence (ITE Code 210), the
applicant may request a payment deferral. The request must be made
in writing to the manager no later than the time of application for
a building permit. The manager may grant deferral of the SHTSDC, but
the deferred amount shall be paid in full prior to the issuance of
an occupancy permit. The amount of SHTSDC due on a deferred obligation
shall be the amount in effect when the complete building permit or
development permit application is received. Deferred SHTSDC obligations
shall not be eligible for internal financing or Bancroft bonding as
provided in HMC 3.30.060(C) unless requested at the time of application
for deferral.
C.
An SHTSDC may be eligible for internal financing or a Bancroft bonding agreement pursuant to ORS 223.205 to 223.785 (the Bancroft Bonding Act). Any installment or Bancroft agreement provided by this section shall have an interest rate determined at the time of the application by the manager and in recognition of the then current market rates and costs associated with the administration of such agreements. An application for internal financing or Bancroft bonding must be made at the time of building permit application, or occupancy application for amounts deferred under subsection HMC 3.30.060(B). An application made subsequent to issuance of the building permit, or occupancy permit if allowed by HMC 3.30.060(B), shall not be considered. Any SHTSDC obligation financed under this subsection 3.30.060(C) may be filed as a lien pursuant to ORS 223.230.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
An applicant for a building permit, or occupancy permit if deferral
has been granted, shall be entitled to a credit against the SHTSDC
in an amount equal to the cost of constructing a qualified public
improvement as defined in this section. Credit eligibility shall be
determined by the manager.
A.
A qualified
public improvement constructed and accepted by the city is eligible
for credit provided it meets all the following criteria and the requirements
of HMC 3.30.070(B). The applicant has the burden of demonstrating
in its application for credit that a particular improvement qualifies
for credit.
1.
The
improvement is required to fulfill a condition of development approval
issued by the city.
2.
The
improvement will provide additional capacity or be constructed to
address an existing safety hazard. Improvements to mitigate a safety
hazard created primarily by the development are not eligible.
3.
The
improvement must implement a project on the SHTSDC project list.
4.
Improvements,
including, but not limited to, travel lanes and bike lanes, must be
at ultimate alignment, line and grade.
5.
Credit
shall not be given for minor realignments that are not designated
on the comprehensive plan.
6.
Not
more than 13.5 percent of the total eligible construction cost shall
be creditable for survey, engineering, and inspection unless otherwise
designated on the project list.
7.
Credits
shall not be given for storm or sewer improvements that are also eligible
for storm or sewer SDC credits.
B.
The
manager shall provide credit for the documented, reasonable cost of
construction of all or part of a qualified public improvement listed
in the project list set by council resolution based on the following
criteria:
1.
To
the extent an improvement is located neither on nor contiguous to
the property that is the subject of development approval, the reasonable
market value of land purchased by the applicant from a third party
and necessary to complete that improvement is creditable.
2.
Road
right-of-way located on or contiguous to the property that is the
subject of development approval shall be eligible for credit to the
extent necessary to construct the facility. The value of the right-of-way
shall be based on the market value of the property as shown on the
county tax records.
C.
For
an improvement that is eligible for both TDT and SHTSDC credits, the
TDT credits shall be calculated first. Total credits, including SHTSDC
credits, together with TDT credits, shall not be issued in an amount
that exceeds the eligible capital improvement cost for which the credits
were issued.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
A request
for credit voucher must be in writing and filed with the manager not
more than 90 days after the city accepts the improvement. Improvement
acceptance shall be in accordance with the city's practices, procedures
and standards. The amount of a credit shall be based on contract and
construction documents, and other appropriate information provided
by the applicant. In the request, the applicant must identify the
improvement(s) for which credit is sought and explain how the improvement(s)
meet the requirements of HMC 3.30.070. The applicant shall also document,
with credible evidence, the value of the improvement(s) for which
credit is sought. If, in the manager's opinion, the improvement(s)
meets the requirements of HMC 3.30.070 and the manager concurs with
the proposed value of the improvement(s), a SHTSDC credit shall be
granted for the eligible amount. The value of the SHTSDC credits shall
be determined by the manager based on the actual cost of construction,
including the value of the right-of-way, if any, as verified by construction
contracts, receipts, invoices and other credible evidence submitted
by the applicant. In the event the manager determines that the contract
amounts, including payments for right-of-way, exceed prevailing market
rates for a similar project, the manager may issue a credit based
upon the market rates.
B.
The
manager shall respond to the applicant's request in writing within
30 days of the date the city receives a technically complete request.
The manager shall provide a written explanation of the decision on
the SHTSDC credit request.
C.
If approved,
the manager shall provide the applicant with a credit voucher, on
a form provided by the department. The original of the credit voucher
shall be retained by the department. The credit voucher shall state
a dollar amount that may be applied against any SHTSDC imposed against
the subject property. In no event shall a subject property be entitled
to redeem credit vouchers in excess of the SHTSDC imposed. Credits
are limited to the amount of the charge attributable to the development
of the specific lot or parcel for which the credit is sought and shall
not be a basis for any refund.
D.
A credit
shall have no cash or monetary value. A credit shall only apply against
the SHTSDC and its only value is to be used to reduce the SHTSDC otherwise
due, subject to all conditions, limitations and requirements of this
subchapter.
E.
SHTSDC
credits may not be used to satisfy TDT obligations, other system development
charges or for other special obligations.
F.
TDT
credits issued for construction of transportation facilities as a
condition of approval for development within the South Hillsboro area
in accordance with Washington County Code 3.17 may be used to satisfy
a SHTSDC obligation upon written request of applicant, provided:
1.
A
request to use a TDT credit voucher must be made in writing to the
manager and signed by the person who owns the credit. The request
shall contain all the information necessary to establish that the
use of the TDT credit is allowable under HMC 3.30.080(F), and the
burden of proof is on the applicant. The manager shall respond in
writing to a written request to convert a TDT voucher into a SHTSDC
voucher within 30 days the date the city receives the request.
2.
When
a credit voucher or portion of a credit voucher is converted a notation
shall be placed on the initial credit voucher that a conversion has
been made. The amount converted shall be deducted from the credit
voucher.
4.
A
converted credit voucher shall follow all rules regarding redemption
of credits.
5.
The
city may charge a fee for administering the conversion of credits.
6.
A
request to convert a credit voucher, whether approved or not, constitutes
acceptance of the credit amount.
G.
When
issued by the manager, a credit is personal to the applicant and shall
remain the personal property of the applicant unless transferred by
the applicant or its authorized agent. A person claiming the right
to redeem a credit shall have the burden of demonstrating that a credit
issued to another person has been properly transferred.
H.
Credits
shall be apportioned against the property that was subject to the
requirement to construct an improvement eligible for credit. Unless
otherwise requested by the applicant, apportionment against the lots
or parcels constituting the property shall be proportional to anticipated
average weekday PM peak hour trips (new trips minus pass-by trips)
generated by the respective lots or parcels. Upon written application
to the manager, however, credits may be reapportioned from a lot or
parcel to another lot or parcel within the confines of the property
originally eligible for the credit. In the case of multi-phase development,
excess credit generated in one phase may be applied to reduce the
SHTSDC in subsequent phases of the original development project. Reapportionment
shall be noted on the original credit voucher retained by the department.
I.
Credits
originally apportioned against property in the South Hillsboro area
may be transferred to another property in the South Hillsboro area
provided that:
1.
A
request for the transfer of a credit voucher must be made in writing
to the manager and signed by the person who owns the credit. The request
to transfer a credit voucher shall contain all the information necessary
to establish that the transfer is allowed under HMC 3.30.080(J) and
the burden of proof is on the applicant. The manager shall respond
in writing to a written request to transfer a credit voucher within
30 days of the date the city received the request.
2.
A
credit voucher may not be transferred to a property outside the identified
SHTSDC area as identified by the map in Exhibit A-2.
3.
When
a credit voucher or portion of a credit voucher is transferred a notation
shall be placed on the initial credit voucher that a transfer has
been made. The amount transferred shall be deducted from the credit
voucher.
4.
When
a transfer occurs a new credit voucher shall be issued for the transferred
credit amount.
a.
The new credit voucher shall note the property to which the initial
credit was assigned, subsequent transfers shall also note the property
to which the initial credit was assigned.
b.
The new credit voucher shall note the credit voucher number from
which it was transferred, if multiple transfers occur each credit
voucher number shall be noted.
c.
The new credit voucher shall have the same expiration date as the
initial credit voucher.
d.
Apportionment against lots or parcels constituting the property to
which a transfer has been made is allowed as described in HMC 3.30.080(I).
5.
A
transferred credit voucher is subject to all of the rules for redeeming
credits.
6.
The
city may charge a fee for administering credit transfers.
7.
A
request to transfer a credit voucher, whether approved or not, constitutes
acceptance of the credit amount.
J.
A credit
must be applied to the outstanding SHTSDC obligation not later than
the issuance of the building permit or, if deferral was permitted
pursuant to HMC 3.30.060, prior to the issuance of the occupancy permit.
The applicant is responsible for presenting the credit voucher prior
to issuance of the building or occupancy permit. Except as provided
in HMC 3.30.110, under no circumstances may a credit be redeemed after
issuance of a building permit or, if deferral was granted, issuance
of the occupancy permit.
K.
A credit
voucher expires on the date 10 years after the acceptance of the applicable
improvement. This deadline may not be extended.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
The city shall create a dedicated fund entitled "South Hillsboro
Transportation System Development Charge Fund," herein "fund." All
moneys derived from this charge shall be placed in the fund.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
A capital
improvement funded in whole or in part with revenue from the SHTSDC
shall be included in the SHTSDC capital improvement projects list,
set by council resolution, and shall include, for each project, the
estimated cost, timing and percentage of costs eligible to be funded
with revenues from the SHTSDC. The SHTSDC capital improvement projects
list may be modified at any time by council resolution.
B.
SHTSDC
revenues may be used for purposes that include, but are not limited
to, the following, for any project on the Projects List:
1.
Design
and construction plan preparation;
2.
Permitting;
3.
Land
and materials acquisition, including any costs of acquisition or condemnation;
4.
Construction
of transportation capital improvements;
5.
Design
and construction of new streets, transit facilities, sanitary sewers,
drainage facilities or other public improvements required by the construction
of transportation capital improvements;
6.
Relocating
utilities required by the construction of improvements, for which
the city is legally obligated to pay under easement, franchise or
law;
7.
Landscaping
required or designed as part of the project;
8.
Construction
management and inspection;
9.
Surveying,
soils and material testing;
10.
Acquisition of capital equipment that is an intrinsic part of a facility;
11.
Demolition that is part of the construction of any of the improvements
on this list; and
12.
Payment of principal and interest, necessary reserves and costs of
issuance under any bonds or other indebtedness issued by the city
to provide money to construct or acquire transportation facilities.
C.
SHTSDC
revenue may be spent for direct costs of complying with the provisions
of ORS 223.297 to 223.314, including the consulting, legal and administrative
costs required for developing and updating the system development
charges methodologies and capital improvement project list, and the
costs of collecting and accounting for system development charges
expenditures.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
Refund of a SHTSDC may be made upon initiation of the manager
or upon written application filed with the manager. Refunds shall
be allowed upon a finding by the manager that there was clerical or
arithmetic error in the calculation of the SHTSDC. Refunds shall be
allowed for failure to redeem a credit voucher or offset provided
the claim for refund is in writing and actually received by the city
within 30 days of the date of issuance of the building permit or occupancy
permit if deferral was granted. No refund shall be granted for any
reason other than those expressly provided for herein.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
Notwithstanding
issuance of a building, development or occupancy permit without payment,
a SHTSDC liability shall survive and be a personal obligation of the
permittee.
B.
Intentional
failure to pay the charge within 60 days of the due date shall result
in a penalty equal to 50 percent of the charge. Interest shall accrue
from the 60-day point at the legal maximum rate established by statute.
C.
In addition
to an action in equity or law and any statutory rights, the city may:
1.
Refuse
to issue any permits of any kind to a delinquent party for any development;
2.
Refuse
to honor any credits held by a delinquent party for any development;
3.
Condition
any development approval for a delinquent party on full payment of
the obligation, including penalties and interest; and
4.
Revoke
any previous deferrals issued to a delinquent party, in which case
the full amount shall be due immediately, and refuse to issue any
new deferrals.
D.
For
purposes of this section, a delinquent party includes any person controlling
a delinquent corporate permittee, including, but not limited to, any
partnership, limited liability company or joint venture and, conversely,
any corporation or entity controlled by a delinquent individual permittee.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
The
city shall provide an annual accounting of the SHTSDC as part of its
normal budget and accounting process. The annual accounting shall
include:
1.
A
list of the amount spent on each project funded, in whole or in part,
with SHTSDC revenues including city expended revenues and constructed
SHTSDC creditable improvements;
2.
The
gross revenue collected from the SHTSDC, the amount of outstanding
credits and the net SHTSDC revenue; and
3.
The
costs of complying with the system development charge provisions (ORS
223.297 to 223.314, as described in ORS 223.307) and other administrative
expenses.
B.
Beginning
July 1, 2017 and notwithstanding any other provision, the SHTSDC rates
per unit for each land use set forth in the rate table adopted by
council resolution shall on July 1 of each succeeding year be adjusted
automatically based on the index described below. A final product
ending in $0.49 or less shall be rounded down to the nearest dollar,
$0.50 or more up to the next dollar. The SHTSDC index shall be calculated
based on a combination of the following indices:
C.
Beginning
not later than the 2020-2021 fiscal year or the fiscal year in which
the first LID assessment is levied in South Hillsboro, whichever is
earlier, and at intervals no longer than every five years thereafter,
the annual review shall include a more comprehensive review of the
South Hillsboro transportation funding plan. The five-year comprehensive
review shall consider whether additional revenues are needed to fund
the extra capacity improvements described in the SHTSDC project list,
and ensure that revenues do not significantly exceed projected identified
project needs. In so doing, the city shall consider:
1.
The
anticipated construction costs of facilities, based on most recent
construction cost estimates and bids for similar improvements;
2.
Additional
or further engineering of the projects on the project list;
3.
Receipt
of funds from other sources for construction of SHTSDC facilities;
4.
Any
new information about anticipated development;
5.
The
impact of facilities already completed, or expected to be completed;
6.
TDT
credits issued within the South Hillsboro area;
7.
SHTSDC
credits issued;
8.
Actual
project costs versus the original estimates and assumptions;
9.
Updated
traffic impact analyses; and
10.
The type and density of residential and other development that is
built, approved and planned.
Upon completion of a five-year comprehensive review the city
shall consider such amendments, including adjustments to the charge
imposed herein, as may be necessary to address changing conditions.
D.
Beginning
in the 2021-2022 fiscal year, the manager may initiate a comprehensive
review of the SHTSDC, at any time, for one of the following reasons:
1.
Considering
the enlargement, reduction or maintenance of the SHTSDC geographic
boundary area or project list as a result of changing conditions or
policy.
2.
Considering
the merger of the SHTSDC with other future transportation system development
charges in other plan areas such as the Witch Hazel Village South
Plan Area and/or the Rosa Urban Reserve.
(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
A.
Review
of Expenditures.
1.
A
person may challenge an expenditure of SHTSDC revenues by filing a
written petition for review with the council within two years of the
expenditure. The petition shall identify with reasonable certainty
the expenditure, the relevant facts and the specific provision of
state or local law the person believes to have been violated.
2.
Within
60 days of receiving a petition the city shall conduct an investigation
and issue a written report. Within 30 days receiving the report, the
council shall conduct a hearing to determine whether the expenditure
was proper. At least 10 days' notice of the hearing, including a copy
of the report, shall be mailed to the petitioner. Petitioner shall
have a reasonable opportunity to present his or her position at the
hearing.
3.
The
council may adopt rules of procedure governing the hearing including
that the hearing may be continued if necessary to further address
the issues.
4.
The
petitioner shall have the burden of proof. Evidence and argument shall
be limited to grounds specified in the petition. The council shall
issue a written decision stating the basis for its conclusion and
directing appropriate action be taken.
5.
If
the council determines the expenditure is improper, the council shall
order remedial action as the council deems necessary and appropriate.
If the council determines the expenditure was proper and did not violate
any applicable laws or regulations, the council shall dismiss the
petition. The council's decision is subject to review only as provided
in ORS 34.010 to 34.100.
B.
Review
of Decisions of the Manager.
1.
Discretionary
decisions of the manager under HMC 3.30 shall be in writing and mailed
by regular mail to the last known address of the applicant.
2.
A
person aggrieved by a discretionary decision of the manager may appeal
the decision to council. The appeal shall be in writing and must be
filed with the manager within 14 days of the date the manager's decision
was mailed.
3.
The
appeal shall state the relevant facts, applicable ordinance provisions
and relief sought. The appeal shall be heard by the council in the
same manner as provided for development permit applications. The city
may by resolution establish a reasonable appeal fee.
4.
The
person filing the appeal has the burden of proving that an error was
committed that resulted in substantial prejudice to the person.
5.
In
an appeal of a decision to deny a credit, the applicant has the burden
of demonstrating that the particular improvement qualified for the
credit. The manager may deny the credit requested, in whole or in
part, if it is determined that the credit application does not meet
the credit eligibility requirements or that the improvement for which
the credit is requested is not on the project list set by council
resolution. An appeal from the manager's decision shall be heard by
the council in the manner provided in this section.
6.
Submittal
of an appeal must include any applicable appeal fee and state that
the decision is being appealed.
C.
A final
decision by the council is subject to review only as provided in ORS
34.010 to 34.100. Venue shall be in Washington County Circuit Court.
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Exhibit A-2 South Hillboro area
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(Ord. 6161 § 2, 2016; Ord. 6375 § 1, 2021)
