3.815 Explanation of SSDC Methodology.
This section explains and defines the method of calculating the SSDC:
(1) Travel. The relevant travel by land-use type and average daily trip-ends for that land-use is determined by the Eleventh Edition of the Institute of Transportation Engineers (ITE) manual. In the absence of a specific classification from within the ITE manual for a particular developed use, the City Engineer shall determine the appropriate classification by interpreting the ITE manual and assigning the category which most accurately reflects the traffic generated by the proposed developed use.
(2) Pass-by Trip Factor. The determination of whether or not a classification qualifies for a pass-by adjustment shall be made by the City Engineer based on the ITE manual. Pass-by rates may be adjusted by the City Engineer to reflect traffic patterns within the City.
(3) Credit for Land and Improvements.
(a) If land is required to be deeded or dedicated to the City for collector or arterial street right-of-way as a condition of development approval, the developer shall receive compensation by credit for that exaction as described in subsection (3)(c) of this section. Credits for right-of-way shall be equal to the value of such land on the date of the final order of either the Planning Commission or the Site Plan and Architectural Commission, whichever occurs first and includes the condition for the dedication. Said value will be determined by the real market value last recorded on the tax assessor’s records for the parcel being developed or the value indicated by an appraisal by a licensed fee appraiser selected by the City if the developer agrees to pay for the appraisal and deposits the estimated cost in advance. The tax assessor’s value shall be used unless a written request to have the land value determined via appraisal is submitted to the City Engineer within 60 calendar days of said final order. The appraisal shall determine the value of the parent parcel prior to project influence and shall be done in accordance with accepted methods used in the industry for establishing the value of public right-of-way. Land required to be deeded to the City for any other classification of streets other than collector or arterial will be deemed to be for the developer’s benefit and will not be compensated for by credits.
(b) Where it is a condition of development approval that the developer either provide in part or in its entirety a street improvement or traffic device that provides additional total capacity to collector or arterial streets of the City, the developer will receive compensation by credit for the reasonable cost of that additional capacity, as described in subsection (3)(c) of this section, unless the need for the improvement is specifically attributable to that development. If, for his convenience, the developer wishes to provide a greater facility than required or wishes to construct a facility prior to the time that the City ordinarily would, the City, at its sole discretion, may elect to participate but shall not be required to do so. The credits provided by this subsection apply to both on-site and off-site improvements.
(c)
(i)
(A) All SSDC credits for eligible land dedications and street improvements will be paid in cash in accordance with the parameters identified below. All cash payments will be approved administratively, per applicable expense authority limits of the City’s contracting and purchasing code. For those developments whose credit period began (see subsection (3)(c)(iii) of this section) prior to June 4, 2009, payments shall be made to the entity applying for the building permit unless a written agreement already existed prior to June 4, 2009, between the developer who constructed the improvements or dedicated the right-of-way, and the City. For those developments whose credit period begins after June 4, 2009, payments shall be made to the developer who constructs the improvements or dedicates the right-of-way, unless otherwise provided for in a written agreement between said developer and the City. Such an agreement is also subject to the restrictions of Section 3.723.
(B) Payment of Credits for Residential Land Divisions. The total credit allowed for a single- or multifamily residential land division development shall be calculated following the construction of the improvements, or following the recording of final plat, whichever comes later, and will be prorated across the number of dwelling units to be constructed in said development. The proration for a single- or multifamily development will be based on the ratio of the chargeable trips for each dwelling unit to the total chargeable trips for the entire development using the numbers in Table 3.1, located at the end of this article. Cash payment shall be made as each building permit is issued. The maximum credit to be allocated to each individual dwelling unit shall be no more than the value of the corresponding SSDC fee which will be due for that same dwelling unit at the time the total credit value for the development is calculated. Credits in excess of the SSDC fees to be generated from such a development shall be paid in cash upon recording of the final plat.
(C) Payment of Credits for Nonresidential Land Divisions. Credits for commercial and industrial land divisions shall be calculated at the same point in the review process as those for residential land divisions. Cash payments shall be made as each building permit fee is paid which has a SSDC fee as part of said building permit. The cash payment resulting from a new building permit in a nonresidential land division shall be equal to the amount of the SSDC fee calculated for said building permit. Credits shall be paid out as building permits are issued, on a “first-come, first-served” basis until used up. Total credits for the development shall be reduced by the amount of each payment until: (1) all parcels in the land division are fully developed, (2) the credits are reduced to zero, or (3) the credit period expires, whichever comes first. If credits remain after all parcels are developed, and if the credit period has not expired, the remaining credits shall be paid in cash to the developer.
(D) Credits for other types of developments, such as those approved by the Site Plan and Architectural Commission, shall be determined after the completion of the improvements, and/or recording of the right-of-way dedication. Distribution or assignment of these credits shall be in accordance with subsection (3)(c)(i)(A) of this section.
(ii) When a change to a component in the SSDC formula of Section 3.811(2) occurs, street construction credits for all developments shall be applied based on the date of the first submittal of the public improvement drawings to the Engineering Division for review and approval. Street construction credits for developments whose public improvement drawings are submitted to the City for review before the effective date of the change shall be determined using the old SSDC rate. Those developments for which public improvement drawings are submitted on or after the effective date of the change will be credited using the new SSDC component. Credits generated by right-of-way dedications are not affected by the changes in the SSDC formula in Section 3.811(2).
(iii) The length of the credit period for all developments shall be 10 years, which is the maximum allowed by ORS 223.304(5)(d). For subdivisions and land partitions, the credit period shall begin with the date the final plat is recorded with the Jackson County Clerk’s Office. For other types of development, the credit period shall begin with the date the improvements are accepted by the City. Plats which were recorded after May 16, 1992, and whose credit period had been set through previous ordinances at either three years or five years, shall have their credit periods extended to 10 years.
(iv) Credits allowed under this subsection (3) shall be paid as building permits are issued for construction within the platted area to which the credit was assigned until the total credits for the development have been used up or the credit period has expired. At the expiration of the credit period, any remaining credits shall be canceled and forfeited.
(d) When a change in use of an existing building results in increased usage of the arterial and collector street system, the occupant whose activities cause the increased usage shall be charged for the new use less a credit equal to the current SSDC for the prior use, whether occupied or vacant, and regardless of the length of the vacancy. Said credit shall also be subject to the conditions of Section 3.807. No refund will be given for a decrease in street usage. Credit may also be given for demolished or destroyed buildings previously existing on a parcel after annexation. The burden of proof showing that there was a permitted building on the subject parcel, and the nature of its use, shall fall on the applicant. No cash credits may be given for excess credits due to demolished buildings.
NOTE: Table 3.1 referenced herein appears at the end of this article.