3.32.070 Fee determination

        A.    The TUF will be calculated as a monthly service charge and collected from owners or occupants of developed property in a manner similar to the collection of water or sewer fees. Fees need not be invoiced monthly but will not be invoiced for intervals longer than three months.

        B.    The amount of the TUF will be determined by the TC and approved by council resolution. The TUF may be modified annually based on one or more of the following factors:

        1.     Cost of Service Adjustment. A rate adjustment reflecting a change in the annual amount of revenue required to maintain the transportation facilities defined by this subchapter after including other city revenue that may be pledged for that purpose;

        2.     Inflationary Index Adjustment. A rate adjustment reflecting the annual changes in the cost of labor, materials and other services linked to changes to broader economic conditions as measured by the Oregon Department of Transportation (ODOT) Four-Quarter Moving Average Construction Cost Index.

        C.    The annual adjustment to the TUF determined by this section will not be automatic or predetermined. The TC will review the TUF program annually for goals, accomplishments, adequacy of collected revenue and the availability of other revenue sources to determine and recommend any modification to the amount of TUF collected.

        D.    Monthly service fees will be established for the following types and classes of developed property:

        1.     Residential Developed Properties (RDP). Developed uses whose primary purpose is domestic shelter excluding hotels, motels and other commercial establishments that provide temporary shelter.

        a.     Single-family includes developed property with one, two or three separate residences. A mobile or modular home located on a developed property, whether alone or with one other dwelling, is considered a single-family dwelling. Each dwelling unit is subject to the TUF for this class. An accessory dwelling is not considered a single-family dwelling.

        b.     Multifamily includes developed property with four or more attached dwellings, condominiums or town homes and mobile homes in parks as defined in state law. Multifamily also includes accessory dwelling units. Each dwelling is subject to the TUF for this class.

        2.     Nonresidential Developed Properties (NDP).

        a.     Group 1—those that generate fewer than seven average daily trips per 1,000 gross square feet of developed area.

        b.     Group 2—those that generate seven to 20 average daily trips per 1,000 gross square feet of developed area.

        c.     Group 3—those that generate 21 to 52 average daily trips per 1,000 gross square feet of developed area.

        d.     Group 4—those that generate 53 to 150 average daily trips per 1,000 gross square feet of developed area.

        e.     Group 5—those that generate 151 to 400 daily trips per 1,000 gross square feet of developed area.

        f.      Group 6—those that generate more than 400 average daily trips per 1,000 gross square feet of developed area.

        g.     Group 7—those others with trip generating characteristics that are either not documented in the ITE Manual or have special circumstances that merit separate fee calculation. Examples include gas stations, hospitals, universities, churches, transit centers, fairgrounds and aviation facilities.

        E.     The amount of the TUF for the various types and groups of developed properties will be determined by the following:

        1.     The TUF shall be allocated between RDP and NDP based on the following distribution by center lane mile of roadway:

        a.     Arterial, collector and neighborhood route roadways shall be allocated equally between RDP and NDP.

        b.     Local commercial, local industrial, commercial alley and industrial alley roadways shall be allocated entirely to NDP.

        c.     Local residential and residential alleys shall be allocated entirely to RDP.

        2.     The amount of the TUF for the various groups of NDP shall be based on the distribution of traffic volumes between the groups as estimated using the Institute of Transportation Engineers Trip Generation Manual, 7th Edition.

        F.     The TUF for NDPs will be a minimum charge equal to the lowest monthly RDP rate per dwelling unit.

        G.    Periodically, the city will reevaluate the allocation of costs for developed property classes and related rate structure to ensure transportation utility costs are fairly apportioned. A fee examination will take place at least once every five years. (Ord. 6111 § 1, 2015; Ord. 5961 § 1, 2011)