3.32.150 Implementation rules

        A.    The following rules apply to the application of this subchapter and the TUF:

        1.     City and county owned parking lots not associated with public services other than parking are not subject to the TUF as they do not themselves generate traffic.

        2.     Parking lots owned and operated by TriMet for mass transit passengers, such as “Park and Ride,” are not subject to the TUF as they reduce overall trip generation through the use of public transportation.

        3.     Publicly owned park land, open spaces and greenways are not subject to the TUF unless there is public off-street parking.

        4.     Areas used for commercial farming or forestry operations are subject to the TUF according to the predominant use of any buildings on the site. A site used exclusively for farming or forestry and not for residential or commercial uses is not subject to the TUF. If there is more than one developed property on the site, the category will be determined based on the use on the property for the longest portion of a calendar year. If more than one use is made of a farming or forestry site and two or more uses predominate, then each use will be reviewed and a combination of the uses will determine the TUF.

        5.     Railroad and public rights-of-way are not subject to the TUF.

        6.     Railroad property containing buildings, such as maintenance areas, non-rolling storage areas and property used for the transfer of rail transported goods to non-rail transport are subject to the TUF.

        7.     Categories within the ITE Manual will be determined by reference to weekday average trip generation rates.

        8.     For NDP with an ITE Manual analysis by acreage rather than square footage, the manager will convert the ITE Manual trip generation rates to a square footage calculation and assign the appropriate TUF. If conversion to a square footage calculation is not practical, then the manager may assign a special trip generation rate for that developed property.

        9.     Developed property building area will be multiplied by the number of stories, designed for development use.

        10.   The TUF applies to all developed property, including that owned by local, state and federal governments, and to all developed properties that are not subject to ad valorem property tax levies.

        11.   The TUF is due and payable from and after the date when the developed property is connected to the public water or sanitary sewer system.

        12.   A developed property that undergoes a change in use must continue to pay the existing TUF. After receiving information about the change in use, the manager may determine that a different category applies to the developed property. Thereafter, the city will charge and collect the TUF that applies to the revised designation.

        13.   The manager will review the effectiveness of the provisions of this subchapter and make appropriate recommendations for amendments or the adoption of administrative rules by resolution. Administrative rules may provide guidance concerning the application and interpretation of the terms of this subchapter. Rules adopted by the council will be consistent with this subchapter.