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1994-00807-Resolution No. 93-104 Recorded 1/7/199494 -DON0'7 0128-1237 REVIEWED 93-45713 6, ") --- BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE -~e 6 (� r A Resolution Establishing System Development * 0128-1094 Charges for Parks and Recreation for Certain * Development within the Bend Urban Growth Boundary and Setting an Effective Date. RESOLUTION NO. 93-104 `~ WHEREAS, Chapter 15.12 of the Deschutes County Code authorizes the County to establish system development charges; and WHEREAS, pursuant to the requirements of ORS Chapter 223--; tine Bend Metro Parks and Recreation District commissioned a study"'of,-'parks system development charges for park development within the Bend Urban Growth Boundary; and WHEREAS, said study has recommended a level of system development charges for parks and recreation consistent with the requirements of ORS Chapter 223; and WHEREAS the District has adopted a plan of capital improvements as required by ORS Chapter 223 on which system development charge funds would be expended; and WHEREAS the Board of County Commissioners has determined that it is in the public interest to adopt system development charges for parks and recreation; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON: Section 1. Purpose. The purpose of the system development charge identified by this Resolution and imposed under the authority of Chapter 15.12 of the Deschutes County Code is to impose a portion of the cost of capital improvements for parks upon those users of the Bend Metro Parks and Recreation District who create the need for or increase the demands on parks capital improvements by construction of new dwelling units within the Bend Urban Growth Boundary. Section 2. Adoption of Base Parks System Development Charges. Pursuant to Deschutes County Code Chapter 15.12 a system development charge of $265.00 per person is adopted as the base system development charge for neighborhood and community park facilities to be applied within the Bend Urban Growth Boundary, as an improvement fee, as of July 1, 1992. For purposes of applying such base charges to applicable development proposals, the number of persons per dwelling unit shall be as follows: Single Family (2.645 persons/unit) Multi -Family (1.895 persons/unit) _ $5 i'0 y�)uffl Hotels/Motels (1 person/unit)�c 2 ncp 0 �,,,t v IFT 99 RESOLUTION NO. 93-104 (12/15/93) r_` � 4 Re-recorded to attach exhibit A to document previously recorded 12/16/93 in Volume 128 Page 1094.x. 0128-1238 0128-1095 Section 3. Methodology and Findings. The methodology used to establish the base park and recreation system development charges adopted by this resolution is contained in a document dated September 1992 prepared by Economic and Engineering Services, Inc., entitled "Bend Metro Parks and Recreation District: System Development Charges for the Parks System," attached hereto as Exhibit A and by this reference incorporated herein. The methodology is outlined in Chapter IV of that report and applied to the facts in this instance in Chapter V. That exhibit also serves as the findings supporting the adoption of this resolution. Section 4. Inflation Adjustment. The parks and recreation system development charge shall be subject to a once yearly increase from the base figures adopted in Section 1 above based upon the amount of inflation ocurring since July 1, 1992, calculated with reference to an applicable consumer price index for Bend, Oregon. The inflation factor shall be calculated as of July 1 for each year thereafter and the revised charge for each fiscal year following adoption of this resolution shall be adopted as part of the County's annual fee schedule. The inflation adjustment to be applied as of July 1, 1993 shall be 5.8% added to the basic charge. Section 5. Applicability and Collection. (a) A park and recreation system development charge calculated in accordance with the provisions of this resolution, and any amending resolution or fee schedule, shall be collected for all new single-family residential and multi -family residential construction and for all new hotel or motel construction within the Bend Urban Growth Boundary. (b) The park and recreation system development charge shall be collected and paid in full upon application for a building permit for new construction identified in Paragraph 5(a). Section 6. Initial Parks System Development Charge. The system development charge for the 1993-1994 fiscal year shall be as follows: Single Family: $280/person x 2.645 persons/unit = $740.60 Multi -Family: $280/person x 1.895 persons/unit = $530.60/unit Hotel/Motel: $280/unit Section 6A. Calculation of System Development Charge. System development charges shall be calculated for new development proposals to which system development charges are applicable, as follows: (a) Single Family: System development charge shall be charged at the single-family rate. RESOLUTION NO. 93-104 (12/15/93) 0128-1239 0128-1096 (b) Multi -family: System development charge at the multi -family rate shall be charged for each new unit, or in the case of change of use from single-family residential shall be charged at the multi -family rate for the existing unit and the new units. (c) Hotel/Motel: System development charge at the hotel/motel rate shall be charged for each new unit, or in the case of change of use from residential use shall be charged at the hotel/motel rate for the existing dwelling unit and the new units. Section 7. Credits. (a) Each lot or parcel in subdivisions and partitions approved subject to the requirement of a land dedication for parks or payment of a fee equivalent for parks acquisition under Chapter 17.44 of the County subdivision and partition ordinance, or similar authority, shall be entitled upon receipt of such fees or dedication to be credited in an amount equal to the full amount of system development charges imposed herein. (b) Where new residential or hotel/motel construction involves a change of use or replacement of existing residential or motel dwelling units, system development charges imposed shall be credited with an amount equal to the current system development charges associated with the type of dwelling unit being replaced or changed. (c) Qualified public improvements, as defined in Deschutes County Code section 15.12.010, shall be credited in accordance with ORS Chapter 223. Section 7A. Expenditures. System development charge funds shall be expended only for capital improvement projects listed in the Bend Metro Park and Recreation District's Capital Improvement Plan, as set forth in the Appendix to the Methodology adopted herein. Section 8. Definitions. (a) "New single-family and multi -family residential construction" includes (1) construction or placement of new single-family or multi -family residential unit or units on a lot or parcel not previously occupied by lawfully established residential development; (2) construction involving the addition of new dwelling units on a lot or parcel previously occupied by lawfully established residential development that results in a change of use from single-family to multi -family residential development; or (3) an increase in dwelling units at an existing lawfully established multi -family development. "New single-family and multi -family residential construction" RESOLUTION NO. 93-104 (12/15/93) 4128-1240 0128-109'7 shall not include replacement of existing such development with the same use. (b) "New hotel or motel construction" includes construction of (1) a new motel or hotel development on land previously unoccupied by motel or hotel development; (2) a new motel or hotel development on land previously occupied by residential development that results in a change of use from single- family or multi -family residential development to hotel or motel development; or (3) an increase in the number of dwelling units at an existing hotel or motel. (c) For purposes of this resolution, "single-family residential construction" shall include a free-standing single family residential dwelling, including manufactured homes, and a dwelling unit in a zero lot line subdivision. A second free- standing dwelling unit on an RM -zoned parcel shall be treated as a single-family dwelling. (d) For purposes of this resolution, "multi -family residential construction" shall include any residential development having more than one dwelling unit on a lot or parcel or combination thereof under the same ownership that is neither a single-family residence nor a hotel or motel as defined herein. (e) For the purposes of this resolution, "hotel or motel" shall include any structure, excluding condominiums, that is occupied or intended, designed or operated for transient occupancy for dwelling, lodging or sleeping purposes and includes any hotel, inn, motel, bed and breakfast, studio hotel, bachelor hotel, lodging house, public or private dormitory or nursing home or other residential care facility. Section 8. This resolution shall take effect on January 1, 1994. DATED this J-6— day of December, 1993. AT t 1 Recording Secretary BOARD OF�OUNTY COMMISSIONERS OF DESCH TES COUNTY, OREGON air POPEJ SUS LANGEN, Commiss BARRY H. SLAUGHTER, Commissioner RESOLUTION NO. 93-104 (12/15/93) EXHIBIT A . TO RESOLUTION 93-104 M28-1241 ECONOMIC AND ENGINEERING SERVICES, INC. ENERGY • RESOURCE • MANAGEMENT • CONSULTANTS 5 4I ECONOMIC AND ENGINEERING SERVICES, INC. ENERGY • RESOURCE • MANAGEMENT • CONSULTANTS 1 1 1 1 0128-1242 BEND METRO PARK AND RECREATION DISTRICT SYSTEM DEVELOPMENT CHARGES FOR THE PARKS SYSTEM SEPTEMBER 1992 FINAL REPORT Prepared By: Economic and Engineering Services, Inc. Bellevue, WA * Olympia, WA * Portland, OR Vancouver, B.C. * Washington, D.C. ' ECONOMIC AND ENGINEERING SERVICES, INC. 4380 S.W. Macadam Avenue, Suite 365 97201 ' (503) 223-3033 Portland,FOAX (503) 274-6248 4128-1243 1 File #: September 14, 1992 Mr. Ernie Drapela Bend Metro Park and Recreation District 200 N.W. Pacific Park Lane Bend, OR 97701 Re: System Development Charges - Park System Dear Mr. Drapela: 60110 Enclosed is Economic and Engineering Services, Inc., (EES) final report on system development charges for the Bend Metro Park and Recreation District's (District) park system. The conclusions and recommendations contained within this report should enable the District to implement system development charges which are cost based. EES appreciates the opportunity to assist the District in this matter. We would also like to thank you and your staff for your assistance in this project. If you have any questions, please call. Very truly yours, ECONOMIC AND ENGINEERING SERVICES, INC. andall P. Go Project Manager I Olympia. WA Bellevue, WA Vancouver. B.0 Pcrtland.OR Washington, D.0 ..,'. r � , . . . 0128'1245 SYSTEMS DEVELOPMENT CHARGES FOR THE PARKS SYSTEM Table of Contents Section Description Page Transmittal Letter Table of Contents i List of Exhibits iii I Introduction 1 Introduction 1 Scope of Services 1 Organization of Report 2 Disclaimer 2 II Executive Summary and Recommendations 3 Introduction 3 Present System Development Charges 3 Proposed System Development Charges 3 Recommendations 4 Sample Resolution or Ordinance 5 Implementation 6 III System Development Charges in Oregon 7 Introduction 7 Requirements Under Oregon Law 8 Economic Theory 9 i 0128-1246 SYSTEMS DEVELOPMENT CHARGES FOR THE PARKS SYSTEM Table of Contents Section Description Page IV System Development Charge Methodology 10 Introduction 10 Overview of Methodologies 10 Planning Standards i2 Existing and Future Capacity 13 Compliance Costs 16 Credits 17 Net System Development Charges 18 V System Development Charge Calculations 20 Introduction 20 Planning Standards 20 Parks 21 Compliance Costs 22 Credits 23 Net System Development Charge 23 Conclusion 24 ll C [l SECTION I INTRODUCTION Introduction 0128-1248 Population growth and a demand or expectation by citizens for a variety of parks and recreation activities has caused an increasing burden on municipalities' ability to finance the range of facilities desired by the general public. To provide the facilities necessitated by growth and to either minimize the amount of general taxes or to avoid or minimize user fees, many communities have implemented system development charges (SDCs) or impact fees for new development. SDCs provide the means of balancing the cost requirements for new recreation facilities to meet population growth between existing residents and new residents. New residents under SDCs are required to 'buy in" to the system in terms of both existing parks and future park addition requirements in order to mitigate the effect of growth on existing residents. The 1989 Oregon legislative session passed House Bill 3224, Chapter 449 Oregon ' Laws codified as ORS 223.297 through 223.314 (Oregon law), which set forth requirements for the calculation and accounting of SDCs. The District currently has SDCs in place for new development. However, for the District to impose SDCs after ' July 1, 1991, the District must pass a resolution or ordinance which complies with Oregon law. B. Scope of Services Economic and Engineering Services, Inc., (EES) has been retained by the City of ' Bend (City) and Bend Metro Park and Recreation District (District) to review and calculate SDCs for the parks and recreation system. As part of the process, EES has ' determined SDCs for the City and District which are fair and equitable for both existing and new residents, and complies with Oregon law. EES has also provided recommendations for accounting of funds and administrative procedures which the District needs to follow in order to be in compliance with Oregon law. 1 1 1 G 1 1 1 1 1 1 1 1 1 1 1 0128-1249. Organization of Report This report is divided into five sections. The first section is this introduction and discussion of the scope of services. The second section provides an executive summary of EES's findings and recommendations. Also included in this section are recommendations for the accounting of funds and administrative procedures, as well as a discussion of a resolution or ordinance to be enacted by the District for compliance with Oregon law. The third section of this report provides an overview of the requirements under the newly enacted Oregon law for the determination of SDCs and provides a discussion of economic theory. The fourth section provides an overview and general discussion of the methodology used in the calculation of SDCs. The fifth section of this report provides the detailed calculations determining SDCs for the District's parks system. A draft sample resolution/ordinance and the financial calculations utilized in determining SDCs are provided as exhibits. Disclaimer EES, in its calculation of the system development charges presented in this report, has used generally accepted planning and rate making principles. This should not be construed as a legal opinion with respect to Oregon law or property tax limitations. If a legal opinion is required, EES would recommend that the City and District have the SDC as provided in this report reviewed by its legal counsel to determine if they are in compliance with Oregon law and would not be considered property taxes applicable to property tax limitations. 2 A t "IV 0128-125 1 SECTION II EXECUTIVE SUMMARY AND RECOMMENDATIONS A. Introduction The Bend Metro Park and Recreation District, a distinct and separate governmental body, (District) is located in the City of Bend (City) in Deschutes County, Oregon. The District provides parks and recreation programs under its own legal authority and tax base to a 45 square mile area with an approximate population of 35,000. The District's boundary approximately follows the City of Bend's urban growth boundary. ' The District facilities are comprised of several classifications of parks. Mini Parks are less than one acre in size and are normally developed based upon the significance of the site and the desires of the community. Neighborhood Parks are 3 to 15 acres and provide a wide array of recreational facilities. Currently, there is approximately 42 acres of developed Neighborhood Parks within the City. Community Parks provide t facilities not normally provided by Neighborhood Parks. These parks are intended to serve the community as well as visitors to the City. There is also approximately 590 acres dedicated to Special Purpose Park Land. These parks are unique and specific ' in purpose, such as a sports park or nature park. B. Present System Development Charges ' The District currently does not have an SDC for parks. However, it is indicated in the Bend Metro Park and Recreation District, 1986 Comprehensive Plan, that there ' exists an eight percent land dedication ordinance administered by the City and Deschutes County on behalf of the District. This ordinance requires subdividers of land to dedicate for park purposes eight percent either of the unimproved land or of ' the development site value. Based on the review of the District's planning criteria, costs, and Oregon law, EES ' has developed new system development charges for the park system. C. Proposed System Development Charges EES has calculated SDCs for the District's park system based on generally accepted rate making principles. Details of the calculations used in determining the SDCs are ' provided in Section V of this report. The planning criteria used in the calculation of the SDC was based on the report entitled "Bend Metro Park and Recreation District, 1986 Comprehensive Plan" and other information provided by the District. The cost and timing of future investments by the District were provided from the District's capital improvement plan. Other financial and accounting information has been ' provided by the District. 1 3 0128-1252 The SDCs for the District's park system presented in this report are calculated based ' on a per person basis. Since it is commonly accepted that only residential developments create a demand for municipal parks and recreation facilities, ' nonresidential developments are not included in the calculation of SDCs for parks and it is recommended that no SDC for such improvements be assessed. However, given that the City of Bend and the surrounding area draws a very large transit ' population due to the recreational facilities provided by the City, hotels and motels have been included in the SDC. The number of occupants per household type were based on studies prepared by the District. Presented in Table 11-1 is a summary of allowable park SDCs for the District. I Table II -1 ' City of Bend Allowable Park Development Charges Park SDC $ 265 /person Single Family Residential (2.6 persons) $ 700 /unit ' Multi -Family Residential (1.895 persons) $ 500 /unit Hotel/Motel $ 265 /room ' Since the park SDC is based on maintaining the existing park standards of the District, the SDC funds will be used for the construction of new parks. Therefore, the ' SDC as provided in Table II -1 is considered an improvement fee as defined in Oregon Law. ' D. Recommendations ' Based on its review and analysis in the determination of SDCs for the District, EES makes the following recommendations: 1. That the District establish by resolution or ordinance that any capital improvement being funded wholly or in part with SDC revenues shall be included in an approved capital improvements plan, public facilities plan, ' master plan, or comparable plan which lists the capital improvements which may be funded with improvement fee revenues and the estimated cost and timing for each improvement. ' 2. That the District establish SDCs for new residential developments which are no greater than the SDCs set forth in this report. C, 11 1 0128-1253 3. That the District update the actual calculations for SDCs based on the methodology as approved by the resolution or ordinance setting forth the methodology for SDCs on an annual basis or at such time when a new capital improvements plan, public facilities plan, master plan or a comparable plan is approved or updated by the District. 4. That the District set up an accounting system that provides an annual accounting of SDC revenue collected from improvement fees and the projects that were funded with the revenue. 5. That the District establish in the resolution or ordinance enacting the methodology used in the determination of SDCs and a provision for administrative procedures allowing protests within 60 days following the adoption or modification of the SDC methodology. 6. That the District provide for an administrative review procedure by which any citizen or other interested party may challenge the expenditure of SDC funds. Such procedure provides that a challenge must be filed within two years of the expenditure of SDC funds. 7. That the District adopt by resolution or ordinance that "reimbursement fees" as such term is defined in ORS 223.299 shall be spent only on capital improvements associated with the system for which the fees were assessed, including expenditures related to the repayment of indebtedness. 8. That the District establish by resolution or ordinance that "improvement fees" as such term is defined in ORS 223.299 shall be spent only on capacity increasing capital improvements, including expenditures related to the repayment of the debt for such improvements. E. Sample Resolution or Ordinance ' Based on EES's review of Oregon law establishing the requirements for enactment of SDCs, EES has provided two sample ordinances/resolutions for enactment of SDCs. An ordinance and resolution are provided to ease the administrative burden ' associated with the update of SDCs based on annual calculations and/or changes in the capital improvements plan. ' The first sample ordinance is provided as Exhibit 1 attached to this report. This ordinance sets forth definitions, the administrative procedures for review of the ' methodology used for the determination of SDCs and the review of expenditures of SDC funds, and establishes the accounting system for revenues and expenditures. This ordinance does not specify actual SDCs. This ordinance was taken in part from a sample provided by the League of Oregon Cities. 0128-1254 Provided as Exhibit 2 is the resolution for the actual calculation of SDCs. F. Implementation ' The methodology used to calculate the system development charge takes into account the cost of money or interest charges and inflation. Therefore, EES would recommend that the District examine the SDC charge each year to determine the ' effect of interest costs and inflation on the calculation. The charge should be increased by an escalation factor each year to reflect the cost of borrowing or inflation. This method of escalation can be used for a four- to five-year period. After this, EES would recommend that the District update the charge calculation based on the actual cost of infrastructure and new facilities based on the master plan or capital ' improvements plan. C r � r � � � 4.9 � : . 0128-1256 SECTION III SYSTEM DEVELOPMENT CHARGES IN OREGON IA. Introduction ' The 1989 Oregon Legislative session passed House Bill 3224 Chapter 449 Oregon Laws codified as ORS 223.297 through 223.314 (Oregon law) which sets forth the requirements for calculation of system development charges (SDCs) and the use of funds collected through SDCs. Oregon law also requires establishment of administrative review procedures for the adoption of the methodology used in the calculation of SDCs and the collection and expenditures of funds. The law applies to ' SDCs collected after July 1, 1991. ' The imposition of regulations on SDCs in Oregon is not a new concept. A similar version of House Bill 3224 was first introduced in the 64th Oregon Legislative Assembly at the request of the Oregon Home Builders Association. While the bill ' was approved by the legislature, it was ultimately vetoed by the Governor. In vetoing the bill, the Governor requested that the League of Oregon Cities and the Oregon State Home Builders Association attempt to reach a settlement agreement as to the ' form and content of appropriate law. As a consequence of the settlement negotiations, House Bill 3224 was introduced in the 65th Oregon Legislative Assembly by the League of Oregon Cities, Oregon State Home Builders Association ' and the Oregon Builders Association of Metro Portland, and it was passed and approved. A summary of the legal requirements under Oregon law as defined in House Bill 3224 is provided in this section. It is meant to be a summary recap of the Oregon law. ' It in no way constitutes a legal interpretation of Oregon Law by EES. Additionally, a general overview of the economic theory associated with the enactment of SDCs is provided. I 1 0128-125'7 B. Requirements under Oregon Law The purpose of the recently passed Oregon law for the enactment of SDCs is to provide a uniform framework for the imposition of SDCs by local governments for specified purposes and to establish that such fees be used only for capital improvements. Capital improvements as defined under the law are as follows: • water supply, treatment and distribution; • wastewater collection, transmission, treatment and disposal; • drainage and flood control; • transportation; • parks and recreation. A SDC means a reimbursement fee, an improvement fee, or a combination thereof. As defined under Oregon law, "improvement fee" means a fee for the costs associated with capital improvements to be constructed. 'Reimbursement fee" means a fee for costs associated with capital improvements already constructed or under construction. As defined in Oregon law, the methodology setting forth the calculations for reimbursement fees and improvement fees shall make the following considerations: 'Reimbursement fees shall be established by ordinance or resolution, setting forth a methodology that considers the cost of existing facility or facilities, prior contributions by existing users, the value of unused capacity, rate making principals employed to finance publicly owned capital improvements and other relevant factors identified by the local government imposing the fee. The methodology shall promote the objective of future system users contributing no more than an equitable share to the cost of existing facilities. The methodology for establishing such fees shall be reduced to writing and be available for public inspection. " 'Improvement fees shall be established by ordinance or resolution setting ' forth the methodology that considers the cost of projected capital improvements needed to increase the capacity of the systems to which the ' fee is related. The methodology for establishing such fees shall be reduced to writing and be available for public inspection. " ' In addition to the definitive requirements for the establishment of a SDC as an improvement fee and/or replacement fee, other requirements under the Oregon law are as follows: 0128-1258 • The SDC must be based on an approved capital improvements plan, public facilities plan, master plan, or comparable plan which lists the capital improvements that may be funded with the improvement fee revenues and the estimated costs and timing for each improvement. ' • Proper administrative review procedures must be followed in the enactment of a SDC resolution or ordinance. • System development charge funds must only be spent on facilities for which they were collected. • A proper accounting system must be established which provides an annual accounting for SDCs showing the total amount of revenue collected and the ' projects that were funded. A more definitive list of the requirements under Oregon law is provided in the ' recommendations. ' C. Economic Theory System development charges are generally imposed as a condition to development. ' The objective of a SDC is not merely to generate money for the District, but to ensure fair and equitable financing is available to support needed capital additions. Imposing SDCs on new development will provide equitable payments for existing excess capacity and contribute to constructing new capacity. Through the implementation of fair and equitable SDCs, existing and future customers will not be unduly burdened with the cost of new development. n 0 0 «�, �.. ...�.d ...;,.. P x _ � � � �� '�'. . � � �' �. r �.., � w ,� �� i _ .. .. � _ ,.. .:... � � _< .w LII IA. Introduction 0128-1250 SECTION IV SYSTEM DEVELOPMENT CHARGE METHODOLOGY This section provides a generic discussion of the methodology used in the determination of park SDCs. A general theoretical framework is presented. The calculations presented in this section are examples of a hypothetical city for I illustrative purposes. Section V of this report provides the specific calculations applicable to the District's park system. The methodology used to calculate SDCs under Oregon law is not specific, except as it pertains to the facilities that can be included in the charge. Therefore, in defining the methodology, a number of factors must be considered. These factors are as ' follows: '0 The method must be easy to understand. • The method must be easy to administer. ' • The method should recognize the system planning criteria. ' • The method must strike an equitable balance between existing customers and new customers. ' • The method should conform to accepted utility ratemaking principles. • The method must conform to the requirements under Oregon law. The methodology presented in this section is based on these criteria. ' B. Overview of Methodologies A number of methods for determining SDCs have been used in the municipal parks ' and recreation field. The particular method used is dependent on the characteristics of the utility. The three main methods used can be summarized as follows: F • System Buy -in Approach, • Replacement Cost Approach, and • Existing and Future Capacity Approach. 10 0128--1261 The system buy -in approach calculates the SDC based on the average investment per customer. The system buy -in approach is based on the premise that new customers are entitled to park service at the same cost as existing customers. The downside of this approach is that it does not recognize the time value of money associated with the investment in excess capacity by existing customers, nor does it take into consideration the cost of constructing additional capacity to serve new customers. The replacement cost approach determines the SDC by calculating the average investment per customer based on a reconstructed system in current dollars. That is, the cost of the system is recalculated assuming the prices in effect today. The advantage of this method is that it provides existing customers compensation greater than the average investment. This helps to reflect the time value of money associated with investment in excess capacity and the cost of additional capacity. However, the method suffers from the fact that the calculation of the average system investment based on replacement cost does not reflect an accurate cost of excess existing and future capacity based on the particulars of the system. The data necessary to reprice the system based on replacement cost may also be difficult or impossible to obtain. The existing and future capacity approach charges the new customer for excess and future capacity based on the quantifiable costs of excess and future capacity. The method also recognizes the time value of money for existing customers' investment in excess capacity and new customers' investment in future capacity additions. The method provides an equitable balance between new and existing customers, since new customers are given the benefit of any excess capacity of the system and existing customers are not burdened with the cost of new capacity additions. The only disadvantage to this method is the collection of data. To calculate the SDC under this method it is necessary to determine the amount of excess capacity on the system and the cost. The use of this method is also recognized in Oregon law by the definition of SDCs as a reimbursement fee and/or improvement fee as discussed in Section III. Given the foregoing discussion on the various methods to calculate SDCs and the advantages and disadvantages of each, the method used in this report is the existing and future capacity approach. For ease in understanding and clarity, the calculation of the SDC can be separated into five main steps. These are as follows: • Determination of planning standards, • Calculation of average and future capacity costs, • Compliance costs, 1 1 11 0128-1262 fl • Calculation of credits, and I• Determination of net SDC. Presented in the rest of this section is a discussion of each step and an example calculation for a hypothetical system. ' C. Planning Standards In order to put the calculation of the SDC on an equal basis, it is necessary to determine an equivalent unit of measurement. Once this is done, all quantities such as existing capacity, capacity additions, credits and compliance costs can be defined in terms of these units. Since all the component parts will be calculated on the same ' basis, they can then be linearly added in calculating the net SDC. ' In determining the units for use in the calculation of the park SDC, it is first necessary to examine the planning criteria used in the determination of parks and recreational facilities. While many different measurements can be used to determine the amount ' of park space, the most common is the use of acres per population. This is usually expressed as acres per 1,000 population. The appropriate number of persons for various types of dwellings that utilize the parks and recreational facilities are then ' determined based on the average number of people per household. This, in turn, defines the cost for a single family residence, multi -family residence, etc. This is somewhat different than a definition of equivalent residential units used in SDCs for ' water systems, wastewater systems, etc. However, the definition of the SDC using a per person basis is necessitated by the planning criteria used in the park systems. Table IV -1 provides the determination of units and planning standards for the example system. For ease in understanding, the example assumes one standard for all types of parks. However, depending on the planning criteria used by the utility, district parks, community parks, and neighborhood parks have different service standards. u 1 12 0128-1263 Table IV -1 Example System Equivalent Units ' Unit 1 person Planning Standard 5 acres/1,000 population Usage 0.005 acres/person Residential (2.6 persons) 0.013 acre/unit ' Multi-Family(2.3 persons) 0.0115 acre/unit Existing and Future Capacity In determining the SDC for parks using the existing and future capacity method, two ' different approaches are used depending on the type of park. For regional and community parks, an incremental existing excess capacity is determined as the last park constructed by the utility. For parks which are designed to serve specific areas ' within the city, such as neighborhood parks, an average investment is used in the determination of existing excess park space and future park space. This is ' appropriate since the SDC for neighborhood parks is generally the same regardless of location. ' To determine the amount and price of excess capacity for regional and community parks, the last installed component is used as the starting point. To determine the units of excess capacity, the number of persons of the component is first calculated ' based on the service standard. Next, the number of persons associated with growth are determined based on the actual population growth. This quantity is then subtracted from the original number of persons to determine the remaining excess ' capacity. Future capacity in number of persons is determined based on the level of service criteria and persons per residence conversion factor. Table IV -2 provides an ' example of units of excess capacity and future capacity for regional and community parks. n 0 13 Table IV -2 Example System Excess and Future Capacity Per Person Basis IParks - Existins Parks - Future 0 11 I I77 J 0128-1264 Lone Valley Regional Park: Westside Park: Year Developed 1980 Year 1994 Total Acreage 100 Planned Acreage 20 Design Criteria 0.005 acre/person Design Standard 5 acres/1000 residents Total Person 20,000 persons Remaining Capacity 4,000 persons Population 1991 27,000 persons Population 1980 23,000 persons Growth 4,000 persons Remaining Capacity 16,000 persons Once the number of persons of excess and planned future capacity are calculated, the average cost of capacity can be determined. In determining the average cost per person of capacity, two components are utilized. The first component is the average cost of existing capacity on the system, and the second component is the average cost of future capacity additions to the system. These two costs are then weighed based on capacity available to serve new growth to ascertain the average cost of capacity. The use of an average investment in excess existing and planned future capacity is common. Charges for service are generally based on the recreation and not the location of the customer. The use of an average investment method for determination of SDCs provides for an equitable sharing of costs and minimizes the administrative burden of tracking SDC charges based on the varying users of facilities. The price per person for excess capacity is determined in current dollars based on the cost of borrowing. The use of the present value factor assures that existing customers are compensated for the carrying cost of investment in excess capacity. The average ' investment price is then calculated based on the present value cost per person and the remaining number of persons available to meet new development. 14 E 0128-1265 Future capacity additions are normally determined for a five- to ten-year projection period. The cost and number of persons are determined based on the approved master plan. The average price per person is then discounted to current dollars using the assumed cost of borrowing for the utility. The use of a discount rate assures that the new customers are fairly compensated for the up -front payment of future capacity additions. The average investment is then calculated by multiplying the cost per person times the number of persons. Once the average investment has been calculated for each park, a total average investment and number of persons are calculated. Dividing the average investment by the total number of persons provides the amount of the gross SDC per person for each component. Presented in Table IV -3 is an example calculation of gross SDCs for regional and community parks. ' Table IV -3 Example System ' Gross System Development Charge Regional Community Parks ' Price/person Persons Average Year Investment Persons Price/yerson 1991 1991 Investment ' Historical: 1980 $2,403,000 20,000 $120.15 $252.90 16,000 $4,046,367 ' 1981-1991 0 0 0 0 0 0 Projected: 1991 0 0 0 0 0 0 1992 0 0 0 0 0 0 1993 0 0 0 0 0 0 ' 1994 700,000 4,000 1995 0 0 175.00 142.85 4,000 0 0 0 571,409 0 Total 20,000 $4,617,776 ' Gross System Development Charge $ 230.89 ' For neighborhood parks and facilities, a slightly different calculation is utilized for determination of population. Neighborhood parks and facilities are often utilized only by nearby residents. Therefore, the number of persons should be factored, ' where data is available, on an estimate of the persons served in the neighborhood 15 i 0128-1266 rather than number of persons in the total community. However, the financial and t ratemaking principles used in the calculation of the SDC for neighborhood parks and facilities is the same as for regional and community parks and facilities. Presented in Table IV -4 is an example calculation of the gross SDC for neighborhood parks. Table IV -4 ' Example System Gross System Development Charge Neighborhood Parks ' Description Year Persons Acres Investment Served Price (person) Price Usable ($/person) Parkland $1991 (,persons) Average Investment North Park -1 1985 10.6 $800,000 2,210 $361.99 543.48 543.25 712.39 954 207 $518,261 147,465 South Park -1 1987 2.3 250,000 460 Northwest Park -1 1990 20.6 1,500,000 4,120 364.08 389.56 1,854 722,244 ' North Park 2 1992 7.3 600,000 1,460 410.96 384.07 1,460 560,742 South Park -2 1995 8.5 859,669 1,700 505.69 385.79 1,700 653,843 Total 6,175 $2,604,555 Neighborhood Park SDC $421.79 ' To the extent that the current standards for park space are below the planning standards and no plan is available to raise the existing standards, then the use of the existing standards is recommended. This assures that new customers do not subsidize ' the existing population by increasing the existing standards. In this case, an average investment in various park space is utilized and the SDC is considered an ' improvement fee. E. Compliance Costs ' As allowed under Oregon law, the SDC can include the cost of compliance. Compliance costs include: the cost of determining SDCs, including engineering, legal and administrative costs; the cost of review procedures; and the cost of accounting for revenues and expenditures. To provide for equity among new customers and recognize the greater expenses associated with first time compliance, an average of ' compliance costs over a five- to ten-year period is used. The compliance cost portion ' 16 7i 0128-126'7 of the SDC is calculated as the net present value of compliance costs over the period divided by the projected number of persons. Table IV -5 gives an example calculation of the compliance cost portion of the charge. ' Total $ 46,250 $ 39,659 502 Compliance Cost SDC $79.00 ' F. Credits To assure that the new development is not charged twice for investment in existing ' capacity, a determination of any credits must be made. Credits for park and recreation facilities generally come from property tax payments. While in many cases land has been donated to the City, it is accounted for in the cost of existing I facilities. The credit for property tax payments is accounted for in two ways. The first is the ' amount of property tax that will be assessed in the future for payment of General Obligation bonds. The second credit associated with property taxes is for taxes assessed on raw land for construction of existing capacity. The credit for property taxes is determined as the present value of property tax payments divided by the number of persons to determine the property tax credit per person. While the ideal I method would be to determine a credit by tax lot, the amount of data required and 1 17 Table IV -5 Example System System Development Charge ' Compliance Costs Cost Additional Year Cost 1990 Persons 1990 $15,000 $15,000 100 ' 4,630 102 1991 5,000 1992 6,000 5,144 90 1993 6,500 5,160 65 t1995 1994 6,750 4,961 65 7,000 4,764 80 ' Total $ 46,250 $ 39,659 502 Compliance Cost SDC $79.00 ' F. Credits To assure that the new development is not charged twice for investment in existing ' capacity, a determination of any credits must be made. Credits for park and recreation facilities generally come from property tax payments. While in many cases land has been donated to the City, it is accounted for in the cost of existing I facilities. The credit for property tax payments is accounted for in two ways. The first is the ' amount of property tax that will be assessed in the future for payment of General Obligation bonds. The second credit associated with property taxes is for taxes assessed on raw land for construction of existing capacity. The credit for property taxes is determined as the present value of property tax payments divided by the number of persons to determine the property tax credit per person. While the ideal I method would be to determine a credit by tax lot, the amount of data required and 1 17 0128-1268 the administrative burden precludes this method. Therefore, the use of an average ' credit per person for property tax provides an equitable method of reflecting property tax payments for utility infrastructure. Table IV -6 provides an example of the credit for property taxes. Table IV -6 Example System System Development Charges ' Property Tax Credit Historical Tax Payments ' (Principal & Interest) $ 40.56 /person Future Annual Tax $8.60 /person Property Tax $ 1,273 /person Present Value (20 yr. at 8%) $84.44 /person SDC Property Tax Credit $ 125.00 'G. Net System Development Charge ' Once all the components have been calculated for the SDC, the net SDC can be determined. The net SDC is merely the sum of the average and future cost of capacity, the buy -in costs, compliance costs less any credits. This charge is expressed on a per person basis. Table IV -7 provides a summary of the calculation of the net SDC for the example presented in this section. 18 � 1 ITable IV -7 ' Example System Net System Development Charge 1 1 i 1 1 A 1 Description Community Parks Neighborhood Parks Compliance Costs Property Tax Credit Total Net System Development Charge Single Family Resident Multi -Family 19 0128-1269 Chary -e $ 230.89 421.79 79.00 125.00 $ 606.68 $ 610 /person $1,586 $1,403 0128-1271 SECTION V SYSTEM DEVELOPMENT CHARGE CALCULATIONS IA. Introduction ' Presented in this section are the detailed calculations for the determination of SDCs for the District's park system. The calculations are based on the methodology as discussed in Section IV of this report. The calculation of the SDCs presented in this ' section are based on future capacity increasing capital improvements as identified in the District's capital improvements plan and planning criteria based on the District's ' current developed park land. To the extent that the cost and timing of future capital improvements change, then the SDCs presented in this section should be updated to reflect the cost of these adjustments. B. Planning Standards ' The equivalent unit for measurement used in the determination of park SDCs is population. The number of persons for single family and multi -family customers was obtained from the District based on the average persons per dwelling unit consistent ' with the District's and City's planning documents. The planning standards utilized by the District in its "Metro Park and Recreation District, 1986 Comprehensive Plan" are ' based on the National Recreation and Park Association guidelines. These guidelines suggest approximately 5 acres/1,000 population. However, the current standard based on population and developed acres is 3.97 acres/1,000. This includes ' neighborhood parks, community parks and community river parks. While it is conceivable that the District will upgrade the existing park standard to the 5 acres/1,000 population standard in the future, no definite plan or funding source has been identified at this time. Therefore, to assure equitable treatment of future customers, the current park standard is utilized in the determination of the park SDC. ' A summary of the planning standards is presented in Table V-1. The population projection and detailed calculation of the planning standards are provided as Exhibit ' 3 in the Technical Appendix. Projected population was based on the growth rates used by both the City and District in their planning documents. The base population is based on the population for the urban growth boundary. The planning standard for I motels is based on 2 persons per room at a 50 percent occupancy rate. I l 1 20 h n I n �J 0128-12'72 Table V-1 Bend Metro Park District Planning Standards Population - 1991 Developed Acres Planning Standard Usage Residential (2.645 persons) Multi -Family (1.895 persons) Hotel C. Parks 35,129 139.5 acres 3.97 acres/1,000 population 0.00397 acres/person 0.010501 acres 0.007523 acres 0.00397 acres/room The District's park and recreational facilities consist of mini parks, neighborhood parks, community parks, and special use parks. For the calculation of the SDC presented in this report, only neighborhood and community parks have been included in the calculations. To the extent that special use park land is also used as a neighborhood park or a community park in the District's planning documents, the cost of these parks have been included under the same usage standard as neighborhood parks. The City's policy with respect to park SDC is to collect the same charge regardless of the location of the residence. However, the City has divided the land area into thirteen (13) sections for accounting purposes. Land dedication funds collected in one of the thirteen areas is deposited into that area's dedication account. Therefore, in determining the cost of park development, an average cost per acre or person has been developed based on future planned park capacity. Since the actual park planning standard is below the desired park planning standard ' no excess park capacity exists within the District. Park SDC funds will therefore be used to maintain the existing park standard by addition of park acreage or capacity. To maintain the existing park standard, the District has prepared a capital improvements plan detailing the cost and timing of future additions. A copy is provided as Exhibit 4 in the Technical Appendix. The basis for the development of the capital improvements plan is a developed cost per acre. The cost of each type of park was provided by the District. Next, to assure ' that future customers are treated equally, an average cost per acre was developed. 1 21 0128-12'3 The amount of each type of park development was assumed to be developed based ' on the existing developed park area by park type. This results in a cost per developed park land of $63,443/acre. Details are provided in Table V-2. Table V-2 fl Bend Metro Park District Cost per Developed Acre Type Cost Acre Neighborhood $72,000 Community 36,000 River Community 85,120 TOTAL: Percent Weighted Developed Cost 30.25% $21,780 36.05% 12,978 33.70% 28.685 100% $63,443 Based on the planning standard of 3.97 acres/1,000 population, the SDC for parks is $251.87 per person. Details of the calculation are provided in Table V-3. Table V-3 Bend Metro Park District Developed Park Land SDC Cost per acre Planning Standard Developed Park Land $63,443 0.00397 areas/person $251.87/person D. Compliance Costs ' The cost to the District for compliance with Oregon law in the determination of SDCs includes the cost of engineering, legal and administrative costs. Also included is the cost of accounting for revenues and expenditures. The cost for each of these items ' has been conservatively estimated for the period from 1991-1996. The number of persons added during this period is estimated in Exhibit 3. A summary of the ' compliance cost SDC is provided in Table V-4. 1 22 0128-12'4 Table V-4 ' E. Credits ' As discussed in Section IV, it is necessary to determine if any credits are applicable in the determination of the SDC to assure that new customers are not charged "twice" for the cost of facilities. Based on EES' review of the District's financing practices for ' park and recreational facilities, no credits are applicable to the calculation of the SDC. While the District does collect property taxes for the park system, these monies are deposited in a separate account for operations and maintenance of the park and ' recreational facilities. A separate account is maintained within the District's financial system to track expenditure and revenues for construction of new park capacity. ' F. Net System Development Charge ' Once all of the components have been calculated for the SDC, the net SDC can be determined. The net SDC is the sum of the existing and future cost of capacity, compliance costs less any credits. This charge is expressed on a per person basis. ' Table V-5 provides a summary of the calculation of the net SDC for the City's parks system. 1 1 23 Bend Metro Park District Compliance Costs ' Cost Additional Year Cost 1991 Persons ' 1991 1992 $25,000 10,000 $25,000 9,346 719 703 1993 10,500 9,171 717 1994 11,025 9,000 731 1995 11,576 8,831 746 1996 12.155 8.666 760 Total $80,256 $70,014 4,376 Compliance Cost SDC $16.00 ' E. Credits ' As discussed in Section IV, it is necessary to determine if any credits are applicable in the determination of the SDC to assure that new customers are not charged "twice" for the cost of facilities. Based on EES' review of the District's financing practices for ' park and recreational facilities, no credits are applicable to the calculation of the SDC. While the District does collect property taxes for the park system, these monies are deposited in a separate account for operations and maintenance of the park and ' recreational facilities. A separate account is maintained within the District's financial system to track expenditure and revenues for construction of new park capacity. ' F. Net System Development Charge ' Once all of the components have been calculated for the SDC, the net SDC can be determined. The net SDC is the sum of the existing and future cost of capacity, compliance costs less any credits. This charge is expressed on a per person basis. ' Table V-5 provides a summary of the calculation of the net SDC for the City's parks system. 1 1 23 0128-12'75 Table V-5 Bend Metro Park District Net System Development Charge Description Charge Neighborhood Parks $ 251.87 Compliance Costs $ 16.00 Total $ 267.87 Net System Development Charge $ 265 /person Single Family (2.645 persons/unit) $ 700 /unit Multi -Family (1.895 persons/unit) $ 500 /unit Hotels/Motels $ 265 /room G. Conclusion The system development charges presented in this section are based on the planning criteria used by the District and generally accepted rate making principals. 24 L [1 Technical Appendix Emil 0128-1277 L r J Ll C Exhibit 1 SDC Resolution - General A-2 U128-1278 0128-12'79 ORDINANCE NO. 1 AN ORDINANCE ESTABLISHING SYSTEMS DEVELOPMENT CHARGE AND RELATED PROCEDURES BY THE BEND METRO PARK AND RECREATION DISTRICT. WHEREAS, during the 1989 Session of the Legislative Assembly of the State of Oregon a uniform framework for the imposition of the systems development charge (SDC) ' by local governments was established by the provisions of ORS 223.297 to 223.314, inclusive, and ' WHEREAS, among other things, the statutory provisions define and limit the purpose, use and method of calculation of and accounting for SDC imposed and collected by the District, and ' WHEREAS, to analyze and evaluate the District's existing method for calculation, imposition, collection and expenditure of SDC and to determine compliance with the provisions of ORS 223.297 to 223.314, inclusive, the District retained the services of Economic and Engineering Services, Inc. (EES), and ' WHEREAS, in September, 1992, EES presented and filed its report and recommendations entitled 'Bend Metro Park and Recreation District System Development Charges for the Parks System, April, 1992" a copy of which is on file in the office of the Business Manager of the District for examination by the public, and ' WHEREAS, based upon the report and recommendation of EES, the District finds that it is necessary to amend the existing method of calculating, imposing and administering the park SDC by providing: ' (a) That any capital improvement being funded wholly or in part with SDC revenues shall be included in an approved capital improvements plan, public facilities plan, master plan or comparable plan which lists the capital improvements which may be funded with improvement fee revenues and the estimated cost and timing for each improvement, and (b) That the District shall set up an accounting system that provides an annual accounting of SDC revenue collected and the projects that were funded with the ' revenue, and (c) That the District shall establish by resolution administrative review procedures by which any citizen or other interested person may challenge an expenditure of SDC revenues in accordance with the requirements of ORS 223.302(2), and A-3 0128-1280 (d) That portion of the District's SDC defined as an "improvement fee" under the provisions of ORS 223.299(2) shall be spent only on capacity increasing capital ' improvements, including expenditures related to the repayment of the debt for such improvements, and ' (e) That the portion of the District's SDC defined as "reimbursement fees" under the provisions of ORS 223.299(3) shall be spent only on capital improvements associated with the systems for which the fees were imposed, including expenditures related to ' the repayment of indebtedness, and (f) That the SDC be a fee imposed by the District upon the person, firm or corporation seeking to build a new residential or multi -family dwelling. The SDC shall be calculated to include an "improvement fee" and a "reimbursement fee" as those terms are defined by ORS 223.299(2) and (3), respectively. The SDC is a fee related only to the building of a new residential or multi -family dwelling by a person, firm or corporation irrespective of the applicant's right, title, interest, estate or ownership of the property within which the facilities are located, and (g) That the SDC revenues imposed and collected by the District shall be placed in ' a separate, restricted fund and accounted for and expended in compliance with the provisions of ORS 223.297 to 223.314, inclusive, and ' WHEREAS, the District has determined to amend the existing SDC regulations in the manner set forth below. ' BE IT RESOLVED BY THE COMMISSION Section 1: Purpose. The purpose of the SDC is to impose a portion of the cost of ' capital improvements for park's upon those customers of the District who create the need for or increase the demands on capital improvements by construction for new residents. Section 2: Scope. The SDC imposed by this Ordinance is separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law or imposed as a condition of development or based upon the ownership of property. Section 3: Definitions. As used in this Ordinance, the following terms shall mean: ' (a) Capital improvements. Facilities or assets used for providingParks and recreational facilities. b Improvement fee. A fee defined b ORS 223.299 2 for costs associated () P Y () with capital improvements to be constructed after the date the fee is adopted. 1 � a< 1 0128-1281 (c) Reimbursement fee. A fee defined by ORS 223.299(3) for costs associated ' with capital improvements constructed or under construction on the date the fee is adopted. ' (d) Systems development charge. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement payable at the time of connection to the capital improvement. "System development charge" 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 costs of complying with requirements or conditions imposed by a land use decision. ' Section 4: Method of Establishing Systems Development Charge. Systems development charge shall be established or revised by Resolution of the District. ' Section 5: Authorized Expenditures (a) Reimbursement fees shall be applied only to capital improvements for the District's parks and recreational facilities including expenditures relating to repayment of indebtedness. 0 �7 (b) Improvement fees. (i) Improvement fees shall be spent only on capacity increasing capital improvements, including expenditures relating to repayment of future debt for the improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provided new facilities. The portion of the improvements funded by improvement fees must be related to demands created by development. (ii) A capital improvement being funded wholly or in part from revenues derived from the improvement fee shall be included in the plan adopted by the District pursuant to Section 7 of this Ordinance. (c) Notwithstanding subsections (a) and (b) of this section, SDC revenue may be expended on the direct costs of complying with the provisions of this Ordinance; including the costs of developing SDC methodologies and providing an annual accounting of SDC expenditures. A-5 0128-1282 Section 6: Expenditure Restrictions. ' (a) SDC shall not be expended for costs associated with the construction of ' administrative office facilities that are more than an incidental part of other ' capital improvements. ' (b) SDC shall not be expended for costs of the operation or routine maintenance of capital improvements. (e) In lieu of payment under section 9(a), the customer building may exercise Section 7: Improvement Plan. The Bend Metro Park and Recreation District shall ' adopt a plan that: assessment lien for a public improvement and shall be duly recorded in the ' (a) Lists the capital improvements that may be funded with improvement fee revenues; ' (b) Lists the estimated cost and time of construction of each improvement; ' (c) Describes the process for modifying the plan. ' Section 8: Collection of Charge. '(a) The SDC is payable upon issuance of a building permit. (b) If a building is constructed without an appropriate permit, the SDC is immediately payable upon the earliest date that a permit was required. ' (c) The (Appropriate Individual) shall collect the applicable SDC from the applicant prior to issuance of a permit that allows construction of a residential ' or multi -family dwelling. (d) The (Appropriate Individual) shall not allow a building permit to be issued until the charge has been paid in full. (e) In lieu of payment under section 9(a), the customer building may exercise his right under state law to 'Bancroft" the SDC. Such charge shall thereupon ' become a first lien against the property served and have the same effect as an assessment lien for a public improvement and shall be duly recorded in the ' Docket of (Appropriate Agency) Liens. Section 9: Segregation and Use of Revenue. (a) All funds derived from the SDC shall be segregated by accounting practices from all other funds of the District. The SDC shall be used for no ' purpose other than those set forth in Section 5 of this Ordinance. 0128-1283 ' (b) The (Appropriate Individual) shall provide the District with an annual accounting, based on the District's fiscal year, for SDC showing the total ' amount of SDC revenues collected for each type of facility and the projects funded from each account. Section 10: Administrative Review Procedure. (a) Any customer or other interested person aggrieved by a decision made by ' the (Appropriate Individual) under this Ordinance relating to the expenditure of SDC revenues may appeal the decision or the expenditure to the District by filing a written request with the (Appropriate Individual) describing with 1 n Ll u particularity the decision of the (Appropriate Individual) or the expenditure from which the person appeals. (b) An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure. Appeals of any other decision must be filed within ten (10) days of the date of the decision. (c) The District shall determine whether the (Appropriate Individual's) decision or the expenditure is in accordance with this Ordinance and the provisions of ORS 223.249 to 223.314, inclusive, and may affirm, modify or overrule the decision. If the District determines that there has been an improper expenditure of SDC revenues, the (Appropriate Agency) shall direct that a sum equal to the misspent amount shall be deposited within one year to the credit of the account or fund from which it was spent. (d) A legal action challenging the methodology adopted by the District shall not be filed later than 60 days after the adoption of the SDC. Section 11: Prohibited Connection. No person, firm or corporation shall construct a residential or multi -family dwelling unless the SDC has been paid. Section 12: Construction. The rules of statutory construction contained in ORS Chapter 174 are adopted and by this reference made a part of this Ordinance. Section 13: Severability. The invalidity of a section or subsection of this Ordinance shall not affect the validity of the remaining sections or subsections. INTRODUCED AND ADOPTED this day of , 1992. By ATTEST: BEND METRO PARK AND RECREATION DISTRICT A-7 1 Exhibit 2 ' SDC Resolution I Specific Calculations IJ 11 11 A-8 0128-1284 0128-1285 RESOLUTION NO. ' A RESOLUTION BY THE BEND METRO PARK AND RECREATION DISTRICT AMENDING SYSTEMS DEVELOPMENT CHARGE FOR THE PARK SYSTEM AND DECLARING EFFECTIVE DATE. I� 11 11 u WHEREAS, in September, 1992, the District received the report and recommendation of Economic and Engineering Services, Inc. (EES), which included, among other things, a recommendation that the District's systems development charge (SDC) for the parks system be changed to provide revenues necessary for capital improvements constructed and to be constructed by the District, and WHEREAS, pursuant to Section 4 of Ordinance , the District by this Resolution amends the SDC for the park system as set forth below. BE IT RESOLVED BY THE DISTRICT THAT: Section 1: Definitions. As used in this Resolution, the following terms shall mean: (a) Connection to S, sy tem. The issuance of a building permit for construction of a residential, multi -family dwelling or hotel/motel. (b) Change in Usage. A condition wherein the number of residential dwellings will increase from the number specified on the original building permit. (c) Equivalent Unit of Measure. A single person. All other definitions as used in this Resolution shall have the same meaning as defined in Ordinance No. Section 2: Collection of Charge. (a) The (Appropriate Agency) shall collect the SDC as determined by the (Appropriate Individual) when: (i) The customer connects the system, (ii) When a change in usage occurs as determined by the (Appropriate Individual). Such change in usage may be determined by the (Appropriate Individual) upon issuance of a new building permit. (b) To the extent that the (Appropriate Individual) finds that a change in usage has occurred in accordance with subsection (a) (ii), then the customer will be required to pay an additional sum equal to the current system development charge on a dollar/person basis times the increase in number of persons. In no instance will a refund be provided if it is found that the charge A-9 0128-1286 ' in usage results in a decrease in the number of persons. ' Section 3: Methodology. (a) The methodology used to establish the reimbursement fee shall consider the cost of then existing facilities, prior contributions by then existing users, the value of unused capacity, rate -making principles employed to finance publicly owned capital improvements, and other relevant factors identified by ' the District. The methodology shall promote the objective that future systems users shall contribute no more than an equitable share of the cost of then existing facilities. (b) The methodology used to establish the improvement fee shall consider the cost of projected capital improvements needed to increase the capacity of the ' systems to which the fee is related. (c) Based on the principles for the establishment of reimbursement fees and ' improvement fees, the methodology for the determination of SDC shall consist of the following: (i) The number of acres per person for park development shall be determined by the District based on the planning criteria for parks. (ii) The costs of existing plant and future plant shall be divided by the number of persons for which the park provides service to determine a ' charge on a $/persons basis. (iii) The cost of existing plant shall be reduced by the amount of plant ' which was contributed to the District. (iv) The charge as determined in subsection (ii) above will be adjusted ' by a present value factor to adjust for the interest earned on funds from the actual date of construction or planned date of construction. (v) The SDC for compliance costs shall be determined by dividing the estimate cost for compliance for the next six years by the number of persons added in each year. Such charge each year shall be adjusted to reflect the interest earning on funds. A-10 1 0128-1287 1 Section 4: System Development Charge Calculations. (a) Based on the methodology as specified in Section 3, the SDC for parks is ' $267.87/person. Such charge consists of: (i) The SDC for future plant is $251.87/person and is considered an improvement fee. (ii) The SDC for compliance costs is $16.00/person and is considered an improvement fee. ' (b) The number of persons per dwelling type shall be determined by the District at appropriate times as determined by the District. For the purpose of the charge set forth herein the number of persons per dwelling unit shall ' be as follows: Single Family Residential (per unit) 2.645 persons Multi -Family Residential (per unit) 1.895 persons Motel/Hotel (per room) 1.000 person Section 5: Schedule of Charges Based on the report of EES, the District may impose a maximum SDC for parks of $267.87/persons. In consideration, the Commission has determined that the SDC shall be ' $265.00/person the charge for various types of dwelling units shall be as follows: Single Family Residential 2.645 persons $700/unit Multi -Family Residential 1.895 persons $500/unit Motel/Hotel 1.000 persons WAM11 Section 6: The SDC established in Section 5 above shall be effective at 8:00 a.m. PST, , 1992. INTRODUCED AND ADOPTED this day of , 1991. BEND METRO PARK AND RECREATION DISTRICT By. ATTEST: ' By A-11 1 J Exhibit 3 Planning Standards A-12 0128-1288 Bend Metro Park District Projection of ERUs Exhibit 3 0128-1289 Page 1 of 2 (1)Population projections are based upon a two percent growth rate. A-13 Additional Year Population (1) ERU's 1990 34,440 0 1991 35,129 689 1992 35,831 703 1993 36,548 717 1994 37,279 731 1995 38,025 746 1996 38,785 760 1997 39,561 776 1998 40,352 791 1999 41,159 807 2000 41,982 823 2001 42,822 840 2002 43,678 856 2003 44,552 874 2004 45,443 891 2005 46,352 909 (1)Population projections are based upon a two percent growth rate. A-13 1 LF� 1 i 1 fl EXHIBIT 3 Page 2 of 2 Bend Metro Park District Determination of Planning Standards )p 0128-1290 Total Developed Undeveloped Acreage Acreage Acreage Neighborhood Parks Canal Park 23.50 10.50 13.00 Columbia Park 2.00 2.00 0.00 Harmon Park 3.00 3.00 0.00 Hillside #1 8.00 8.00 0.00 Hillside #2 4.40 4.40 0.00 Kiwanis Park 4.50 4.50 0.00 Larkspur Park 14.60 0.00 14.60 Stover Park 2.20 2.20 0.00 Sylvan Park 3.80 3.80 0.00 Summit Park 3.80 3.80 0.00 Sunburst Park 9.20 0.00 9.20 Vlhaga Park 4.00 0.00 4.00 Blakley Area 5.00 0.00 5.00 Hamby Area 5.00 0.00 5.00 Deschutes Rd. Site 5.00 0.00 5.00 College Area Site 5.00 0.00 5.00 N. Highline Site 5.00 0.00 5.00 S. Highline Site 5.00 0.00 5.00 Total Neighborhood Parks 11300 42.20 70.80 Planning Standard Neighborhood Parks (1) 1.20 acre/1000 Community Parks Juniper Park 22.30 22.30 0.00 Ponderosa Park 19.00 8.00 11.00 Big Sky I Park 97.20 0.00 97.20 Skyline Park 23.80 20.00 3.80 Westgate Park 103.30 0.00 103.30 Bend Sports Park 33.40 0.00 33.40 Kalanee Park 80.00 0.00 80.00 Blakley Area 25.00 0.00 25.00 Glen Vista 25.00 0.00 25.00 Total Community Parks 429.00 50.30 378.70 Planning Standard Community Parks (1) 1.43 acre/1000 Community River Brooks Park 0.60 0.60 0.00 Drake/Mirror Park 13.10 13.10 0.00 Flume Park 4.30 2.00 2.30 Pacific Park 3.20 3.20 0.00 Pageant Park 0.30 0.30 0.00 Pioneer Park 5.10 5.10 0.00 Riverview Park 1.00 1.00 0.00 Sawyer Park 41.60 20.00 21.60 Simondson Open Space 0.40 0.40 0.00 Woodriver Park 4.50 0.00 4.50 River Run Trail 2.00 1.00 1.00 Magill River Easement 0.30 0.30 0.00 Miler Site 4.00 0.00 4.00 Ulleoren Site 3.50 0.00 3.50 Shevlin Ind. Riverfront 10.00 0.00 10.00 Total Community River 93.90 47.00 46.90 Planning Standard Community River Parks (1) 1.34 acre/1000 Total All Parks 635.90 139.50 49640 Planning Standard 3.97 acre/1000 (1) Based on a 1991 population, for the urban growth boundary, of 35,129. A-14 P �_ I -1 J 0 Exhibit 4 Capital Improvement Plan A-15 0128-1291 Exhibit 4 Bend Metro Park District Park System Development Charges Development of ERUs Total: `128~-1292 Page 1 of 2 Growth Rate: SDC Escalation: Equivalent System Residential Development Units Charge A-16 0 $0 Change in Year Population Population 287 642 1990 34,410 0 1991 35,129 719 1992 35,832 703 1993 36,548 717 1994 37,279 731 1995 38,025 746 1996 38,785 760 1997 39,561 776 1998 40,352 791 1999 41,159 807 2000 41,982 823 2001 42,822 840 2002 43,678 856 Total: `128~-1292 Page 1 of 2 Growth Rate: SDC Escalation: Equivalent System Residential Development Units Charge A-16 0 $0 288 0 282 600 287 642 293 687 299 735 305 786 311 842 317 900 323 963 330 1,031 336 1,103 343 1,180 2.00% 7.00% SDC Revenue $0 0 169,200 184,254 201,273 219,773 239,876 261,716 285,439 311,200 340,201 370,633 404,840 $2,988,405 § Ix Em E u a kom� »E IL ta■ 2ECL � 2�= k 2 L w 2aa A.1 0128-1293 S, wSj °0°°°c § 16 toca 2 0 c k g ; � A ~ K a0000§00000c § K § k 00 00 M 0 C ~ J £ § A 00C § $ ■,�,f������� 2�°§§i00,,,0c § § 0c 0 0 0 0 c #7 §_ $ $00c § § K o 0 0 a o 0 0 0 0 0 C ! &22x2§§2E@§) § Ix Em E u a kom� »E IL ta■ 2ECL � 2�= k 2 L w 2aa A.1 0128-1293