(A) Responsibility. Each responsible person shall pay a street maintenance fee as set forth by resolution of the City Council.
(B) Residential fees.
(1) Detached single family residences shall be considered one equivalent dwelling unit (EDU) (ITE code 210).
(2) Multi-family residences shall be considered one EDU per each dwelling unit (ITE codes 220, 221, 222, 223, 224, 230, 231, 232, 233, and 240).
(3) Senior adult housing and congregate care facilities shall be considered one-half EDU per dwelling unit (ITE codes 250, 251, 252, 253, and 255).
(4) Assisted living facilities shall be considered one-half EDU per bed (ITE code 254).
(C) Non-residential fees.
(1) Each non-residential developed property in the City shall be assigned to a category of use according to the land use type listed in division (E) below.
(2) Upon request of the responsible person, the Engineer shall review the category of use assignment. The Engineer shall consider evidence provided by the responsible person that relates to the actual trip generation patterns of the property in question. The determination of category of use shall not be considered a land use decision, as that term is defined in ORS 197.015.
(D) Fee calculation. The street maintenance fee shall be calculated by multiplying the number of EDUs by the trip rate per EDU for that properties assigned category of use (listed in division (E) below) and then by the charge per unit as established by resolution of the City Council to determine the monthly fee to be billed.
(E) Category of use.
(1) Category 1 shall be established at one trip per EDU. Land uses include all residential, wholesale market, furniture store, general heavy industrial, mini warehouse, high cube warehouse, and utilities (ITE codes 120, 151, 152, 170, all 200s, 860, and 890).
(2) Category 2 shall be established at two trips per EDU. Land uses include nursing homes and discount clubs (ITE codes 620 and 861).
(3) Category 3 shall be established at four trips per EDU. Land uses include general light industrial, industrial park, manufacturing, warehouses, hotel, motel, general office, single tenant office, office park, auto care center, self-service car wash, tire store, supermarket, and superstores (ITE codes 110, 130, 140, 150, all 300s, 710, 714, 715, 750, 760, 840, 848, 849, 850, 854, 864, 866, 867, and 947).
(4) Category 4 shall be established at eight trips per EDU. Land uses include truck terminals, health clubs, elementary school, middle/junior high school, high school, church, hospital, business park, building materials/lumber, specialty retail, nursery retail (garden center), nursery wholesale, shopping centers, restaurants, quick lubrication, auto parts sales, gasoline service stations with and without convenience markets and car wash, convenience market, home improvement superstore, and video rental (ITE codes 30, 473, 491, 492, 520, 522, 530, 536, 560, 610, 770, 812, 814, 817, 818, 820, 823, 837, 843, 851, 852, 853, 862, 896, 925, 931, 932, 944, 945, and 946).
(5) Category 5 shall be established at 16 trips per EDU. Land uses include day care center/pre school, clinics, medical/dental office, hardware/paint store, freestanding discount, fast food restaurant with drive through, car sales, and bank/savings (ITE codes 565, 630, 720, 813, 815, 816, 841, 863, 870, 911, 912, 933, 934, 935, 936, 937, 938, and 940).
(6) Category 6 shall be established at 32 trips per EDU. Land uses are pharmacy/drug store, government office building, fire and police stations, and U.S. post office (ITE 880, 881, 730, 732, and 733).
(7) Category 7 shall be established at 64 trips per EDU. Land uses are parking lots and park and ride facilities (ITE code 90).
(F) Equivalent dwelling units.
(1) The units used in calculating the street maintenance fee shall be the greater of the number of units assigned per the meter size or the number of individually occupied spaces (i.e., three commercial spaces sharing a one-inch meter would be three units instead of the two and one-half units assigned to the one-inch meter).
(2) When no water meter exists, the unit used in calculating the street maintenance fee shall be 1,000 gross square feet of building area with the following exceptions:
(a) The unit for parking and outside storage facilities shall be one acre;
(b) The unit for tennis courts or racquet courts shall be one court; and
(c) The unit for quick lubrication vehicle stops or gas stations shall be one fueling or service position.
(G) Unlisted uses. In the event that a property is occupied by a use that is not expressly listed in any of the above categories, the Engineer shall determine which category the property should be placed in, based on similarity in expected trip generation. If no category is appropriate, the Engineer shall determine the trips per unit shall be based on a transportation study, the trip generation manual, or any other method for determining trips. Any determination by the Engineer under this section may be reviewed under the procedure described in § 92.67(B). The result of the review may be appealed to the City Council by filing a notice of appeal and paying the appropriate fee within ten days of the date notice of the result of the review is mailed to the property owner.
(Ord. 624, passed 2-2-2011)