Chapter 17.19 Northwest Transportation Fund

City Code Chapter

(Chapter added by Ordinance 177993, effective November 21, 2003.)

17.19.010 Purpose.

  1. The purpose of the Northwest Transportation Fund is to ensure that a source of funding is available to finance the implementation of mitigation measures and the construction of transportation improvements that become necessary when new development causes the use of transportation facilities in the area to intensify.

17.19.020 Applicability.

  1. The Northwest Transportation Fund applies to commercial development in Subdistrict B in the Guild’s Lake Industrial Sanctuary Plan District and the area north of NW Pettygrove Street, on sites zoned EX in the Northwest Plan District. For each contribution to the Northwest Transportation Fund, a bonus of one square foot of additional floor area above the 1:1 base floor area ratio (FAR) that may be in non-residential use is earned, up to the maximum total floor area that is allowed on the site. The amount of floor area that is allowed on the site is regulated by Title 33, Planning and Zoning.

17.19.030 Payment.

(Amended by Ordinances 182389 and 182760, effective June 5, 2009.)  

  1. Applicants must remit the Northwest Transportation Fund fee prior to the issuance of building permits.
  2. A.  The Northwest Transportation Fund fee of $2.90 is based upon a cost per square foot of non-residential development up to the amount of floor area allowed by Title 33, Planning and Zoning. Any appeal of the application of the Northwest Transportation Fund fee is to the Director of Transportation. The Director of Transportation may establish an appeal fee that will cover the full cost of processing the appeal.
  3. B.  The Northwest Transportation Fund fee will be increased or decreased on July 1 of each year. The change will occur automatically, and the new dollar amount will be filed with the City Auditor. The change will be based on the 10-year moving average percentage fluctuation of the Oregon Composite Construction Cost Index. Any increase or decrease that is not a multiple of $.05 will be rounded to the nearest multiple of $.05.
  4. C.  The Bureau of Transportation is authorized to refund the Northwest Transportation Fund fee, without further Council action, where the non-residential development approved by building permit is not constructed and the building permit is cancelled. There is a charge of $500 for processing a refund request.

17.19.040 Implementing Regulations.

(Amended by Ordinance 182389, effective January 2, 2009.)

  1. The City Council delegates authority to the Director of the Bureau of Transportation to adopt administrative rules and procedures necessary to implement provisions of this Chapter. All rules relating to this delegated authority shall be filed with the City Auditor and be available for public inspection.

17.19.050 Dedicated Account and Appropriate Use of Account.

  1. All monies derived from the Northwest Transportation Fund shall be placed in the Northwest Transportation Fund Account. Funds in the Northwest Transportation Fund shall be used to provide transportation improvements in the area bounded by NW Pettygrove Street, NW Nicolai Street, the I-405 freeway, and NW 27th Avenue or in the immediate vicinity, as need arises. Funds may be used to address existing transportation deficiencies and the transportation impacts of growth. Funds in the Northwest Transportation Fund may be used for purposes that include:
  2. A. Transportation analysis
  3. B. Design and construction plan preparation
  4. C. Permitting
  5. D. Right-of-way acquisition, including costs of acquisition or condemnation
  6. E. Relocation of public utilities
  7. F. Construction of new lanes for vehicular or transit use
  8. G. Construction of turn lanes
  9. H. Construction of bridges
  10. I. Design, purchase and installation of traffic signs and signals
  11. J. Design and construction of pedestrian or bicycle facilities
  12. K. Design and construction of drainage facilities
  13. L. Design and construction of curbs, curb extensions, and medians
  14. M. Construction management and inspection
  15. N. Surveying and soils and materials testing, including environmental testing
  16. O. Landscaping
  17. P. Transit facilities
  18. Q. Demolition that is part of the construction of any of the improvements
  19. R. 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 the transportation facilities.
  20. S. Administrative costs of establishing, maintaining, and administering the fund.