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The following definitions apply to this chapter:

A. Actual cost – Monies expended by the developer for the construction of a qualified public improvement less any credits or reimbursements received from any agency other than the City.

B. Capital Improvements – Public Facilities or Assets Used for Transportation. “Capital improvement” does not include costs of the operation or routine maintenance of capital improvements.

C. Contiguous – When a property and an improvement or portion thereof share a common boundary line, they are contiguous. Determination of what is contiguous shall include the area of 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 one or more of the following – common area, nonmotorized vehicle or pedestrian way, creek, wetland, park, or similar areas – shall be deemed to include the boundary of such additional area in their boundary line, up to 100 feet between the properties at the boundary with the improvement. 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, shall not 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 any point.

D. [Intentionally omitted.]

E. [Intentionally omitted.]

F. Credit – The amount by which an applicant may be able to reduce the TSDC as provided in this chapter.

G. Development – Any human-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; or:

1. The act of bringing about growth; to construct or alter a structure, to make a change in use or appearance of land, to divide land into parcels, or to create or terminate rights of access; or

2. Any plat, partition, subdivision or planned unit development that is created under the City’s land division or zoning regulations. “Development” includes “new development.”

H. [Intentionally omitted.]

I. Improvement fee – An SDC for costs associated with capital improvements to be constructed after the effective date of the ordinance codified in this chapter.

J. Improvement fee credit – A credit granted for the construction of a qualified public improvement under the provisions of ORS 223.304(4).

K. Lot – Any continuous area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership. An abutting “platted lot” or property described by metes and bounds in the same ownership shall be considered a part of such “lot.” See also “Parcel.”

L. New development – Development which occurs on or after the effective date of the ordinance codified in this chapter.

M. Owner – The owner of record of real property as shown in the records of Washington County Department of Records and Elections, or a person purchasing a piece of property under contract, or a public body or public agency with authority to exercise the power of eminent domain which has formally enacted a resolution of its intent to acquire the property described in the application.

N. Parcel – See “Lot.”

O. Permittee – The person who is proposing to use or who is using the land pursuant to any permit required herein.

P. Qualified public improvement – A capital improvement that is:

1. Required as a condition of development approval; and

2. Identified in the adopted improvement plan pursuant to BC 3.07.080; and either:

a. Not located on or contiguous to a parcel of land that is the subject of the development approval; or

b. Located on or contiguous to property that is the subject of development approval and, in the opinion of the finance director, is required to be built larger or with greater capacity (overcapacity) than is necessary for the applicant’s new development or to mitigate for transportation system impacts attributable to the applicant’s new development.

Q. Reimbursement fee – A TSDC for costs associated with transportation capital facilities that have already been constructed or are under construction and which have been determined to have capacity available to serve new development.

R. Transportation system development charge or “TSDC” – A reimbursement fee, an improvement fee 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. “TSDC” includes the charge imposed under this chapter. A TSDC does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision. [BC 3.07.020, added by Ordinance No. 4661, 7/14/15; amended by Ordinance No. 4794, 12/1/20]