HomeMy WebLinkAboutComments WILLAMALANE 3/10/2009
MARKARIAN Molly
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Sent:
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Pat French [PatF@willamalane.org]
Tuesday, March 10, 2009 1'31 PM.
MARKARIAN Molly
Willamal;!me SDC's
1006_WPRD_ FinalSDCResolution.pdf
. Hi.Molly,
I thought the attached document might provide a general feeling of what Willamalane does for SDC's. Page 8 of the
, .
resolution probably has the information in a useful format. It provides some insight into the increases generally that take
place at the first of each year. Note, however, that on December 1 of each year, we get housing appraisal information
from RMLS and incorporate that into some formula that applies a debt service credit. All of that then cranks out the new
numbers for years 2-S (of which we are in about year 3, I believe). The bottom line is that the number you see for each
January 1 increase is not the exact number and is not a number that should be given to developers as to future year
SDC's. But it can give you some approximation of what is likely to happen.
I'll provide the current SDC amount when I respond to the Church of the Brethren packet. The number I provide at that
time will be good through the end of this year. Beyond the first of January, 2010, an increase should certainly be
anticipated. I won't be' able to provide a specific number for that increase because it isn't determinea untilDecember,
2009, but you can'get some idea of the order of magnitude from the attached resolution, page 8.
Keep in touch. You are always welcome to ask for some clarification.
Pat
Pat French, Park Planner
Willamalane Park and Recreatian District
2S0 S. 32nd Street
Springfield OR 97478
S41 736-40SS
,Date Received:~ /0 /6P1
Planner: MEM
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RESOLUTION
No. 06-07-6
RESOLUTION
A RESOLUTION UPDATING PARK AND RECREATION SYSTEM DEVELOPMENT CHARGES ON
NEW DEVELOPMENT APPLICABLE AT TIlE TIME OF APPLICATION FOR A BUILDING PERMIT.
WHEREAS, future growth should contribute its fair share to the cost of improvements and additions to
WilIamalane Park and Recreation District (the "District") that are required to accommodate the needs of such
growth; and
WHEREAS, ORS 223.297.223.314, adopted in 1989, au~horizes loc<il government<; to impose system
development charges ("SDes" or "SDC" as the context requires); and
WHEREAS, SDes provide a source of revenue 10 fund the construction or improvement of District
facilities necessitated by growth; and
WHEREAS, The District adopted an updated Park and Recreation Comprehensive Plan, dated March
2004, which included additional capi411 facilities thai were not considered in the assumptions, conclusions and
findings of the 1995 system development ch~ges repoT!- and SDC rates adopted by Resolution 94-95-23; and
WHEREAS, The District has performed a review and prepared an updated SDC methodology report,
including updated SDC rates required to fund growth required needs identified in the District's 2004 Park and
Recreation Comprehensive Plan; and
WHEREAS, SDCs are charges incurred upon the decision to develop property at a specific use, density
or intensity, .and "the incurred charge equals, or is less thim the actu~1 cost of providing public facilities
commensurate with the needs of the chosen use, density, or intensity; and
WHEREAS, decisions regarding uses, densities, and/or intensiti~s cause direct and proportional changes
in the amount of the incurred charge; and
WHEREAS, SDCs are separate from and in addition to any applicable tax, assessment, charge, fee in
lieu of assessmen~, or other fee provided by law or imposed as a condition of development; and
WHEREAS, SDCs are fees for serviCes because they are based upon a development's+r"eceipt of services
considering the specific nature of the development; and
Page I - WPRD Parks and Recreation SDC Resolution No. 06-Q7_6
WHEREAS, SDCs are imposed on the activity of development, not on the land, owrier, or property, and,
therefore, are not taxes on property or on a property owner as a direct consequence of ownership of property
within the meaning of Seetion lIb, Article XI of the Oregon Constitution or the legislation implementing that
Section;
NOW: 11-IEREFORE, the District hereby adopts the report entitled "Willamalane Park & Recr~ation
District System Development Charges Methodology Update", dated October 4, 2006 and incorporates herein by
this reference the assumptions, conclusions and findings in the report, which refer to the determination of costs
of capital improvements and the rates for the. SDCs for these capital improvements, and updates the District's
SDCs as outlined herein, and replaces Resolution No. 92~93.20, No. 9~-95-17, and No. 94-95~23 with this
Resolution No. 06-07-6.
Section 1.
Scope and Purpose.
(a)
New Development within the District contributes to the need for capacity increases and upgrades to
capital improvemcnts for parks and recreation facilities and, therefore,. New Development should
contribute to the funding for such capital improvements: This SDC will fund a portion of the neccled
capacity increases for parks and recreation facilities as identified in the District's Park and Recreation
Comprehensive Plan, dated March 2004"
(
(b)
The funding provided by this Resolution eonsti~tes a mandatory collection method based upon ORS
223.297 through 223.314 to assure the construction of capacity-increasing improvements to parks and
recreation facilities as coritemplated in the Park and R~reation Comprehensive Plan, and the list of
projects, referred to as the SDC Capacity Improvement Projects List, to be funded with money collected
under this Resolution and incorporated as Appendix A 10 the Willamalane Park and Recreation District
System Dcvelopment ChargeS Methodology Update, dated October 4, 2006.
(0)
This Resolution is intended to be a mechanism for financing only that portion of the needed capacity-
increasing parks and recreation facilities associated with New Devclopment and .does not represent a
means to fund maintenance of existing facilities or the elimination of existing deficiencies
(d)
The District hereby adopts the report entitled "Parks and Recreation System Development Charges
Methodolob'Y Update", dated October 4, 2006, and incol'JXlrates herein by this reference the
assumptions, conclusions and findings in the report, which refer to the determination of anticipated costs
of capital improvements required to accommodate growth and the rates for the District's SDCs for these
capital improve~ents. This report is hereinafter referred to as "SDC Methodology Report." The District
may from time to time amend or adopt a new SDCMelhodology Report by resolution.
Page 2 - WPRD Parks and Recreation SDC Resolution No. 06-07-6
D",t(;; Received:
Planner: MEM
3)10\ 04
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Section 2.
Definitions.
(a)
"Accessory dwelling unit" means a secondary, self-contained dwelling that may be allowed only in
conjunction with a detached single-family dwelling. An accessory dwelling unit is:subordinatc in size,
loeation,and appearance,to the primary dctached,singlc~fami]y dwelling. An ac~essl?ry dwelling unit
generally has its own outside entrance and always has a separate kitchen, bathroom and sleeping area.
An accessory dwelling unit may be located within, attached to, or detached from the primary single-
faIriilyrlwelling. . "
(I) "Cooking Facilities" means a kitchen or similar facility, generally including a vented slove, range. or
oven and cooktop;a refrigerator; and a sink. A microwave or toaster oven is NOT a cooking facility.
(m) . "County" m,cans Lane County, Oregon.
(0) "Credit" means the amount by which an Applicant may be able to reduce the SDCfee as provided in this
Resolution.
(b)
"Administrator" means that person. or persons, appointed within the District to manage and implemenl
!hjs pnrks and recreation SDC program.
(0) "Development" means a building or other land construction, or making a physical change in the use of a
structure or land. in a manner that increases the usage of parks and recreation capital improvcments or
which may contribute to the need for additional or enlarged parks and recreation capital facilities.
(c) "Alternative System Development Charge" means an SDC established pursuant 10 Section 7.
"Dwelling Unit," means a building or a pOrtion of a building consisting of one or more rooms including
sleeping. cooking, and plumbing facilities arranged and designed as permanent living quarters for one
family or household.
(p)
(d)
"Applicant""means the person who applies for a building permit.
(e)
"Building Official" means Ihat person, or designee, certified by the State and designated as such to
administer the State Building Codes for the City or County.
(q)
"Dwelling Unit, Attached Single Family" means a portion ofa building consisting of one or more rooms
.including sleeping. cooking, and plumbing faciliti~s arranged and d:.signed as permanent living quarters
for one family or houscllold; and which is attached to one. or more dwelling unils by one or more
common vertical walls. This definition also includes. but ~s notlimitcd to '"duplex", "zero lot line
qwelling". "townhousc". and "row house". With the exception of duplexes. Attac~ed Single Family
Dwelling Units typically are separately owned.
(D
"Building Permit" means that permit issued by a Building ~mcial pursuant to the State of .oregon
Structural Spccia.1ty Code Section 301 or as amended. and the Statc of Oregon One and Two Fainily
Dwelling Code Section R:I09 or as amended. In addition, "Building Pennit" means a Manufactured
Home Installation ~ennit 'issued ~y the Building Official. relating to thc. placement of manufactured
homes in tile District.
(,)
"Dwelling Unit, Detached Single Family" means a building or a portion of a building consisting of one
or more rooms including sleeping, cooking, and plumbing facilities arranged and designed as permanent
living quarters for one family or household; and not attached to any other dwelling unit or building.
(g)
"City" means thc City of Springfield. Oregon.
(h) "City Manager" mcans thaI person appOintcdby City to the position of City Manager.
"Dwelling Unit. Duplex" means one-half of a single building consisting of two dwelling units. eaCh
including one or more rooms including sleeping, cooking, and plumbing facilities arranged and designed
as permanent living quarters for onc family or household; and which is attached to onc dwelling unit by
one or more common vertical walls.
(,)
(;)
"Condition of Development Approval" is any requirement imposed on an Applicant bya City or County
land use or limited land use decision, or site plan approval.
(j)
"Congregate Care FacilitY" means a building or a portion of a building consisting of one or more rooms
including sleeping and plumbing facilities, and NOT including cooking facilities, arranged and designed
as living quarters for one or more clderly or infinn persons. This definition also in~ludes, but is not
limited to "nursi'.lg facility".
(I)
(k) "Construction Cost Index" means the Engineering News Record (Seattle) Construction Cost Index.
Page 3 - WPRD Parks and Recreation SDC Resolution No. 00-07.6
"Dwelling Unit, Multi-Family" means a pOrtion of a building consisting of one or more rooms including
sleeping. cooking. and plwnbing facilities arranged and designed as pennanent living quarters for one
family or household; and which is attached to two or more dwelling units by one or more common
vcrtieal walls. Typically. the units are in an apartment building or complex, and are not' separately
owncd.
Page 4 _ WPRD Parks and Recreation SDC Resolution No. 06-07-6
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(u)
(dd) "Qualified Public Improvement" means any parks and recreation system capital facility or conveyance
of an interest in real property that increases the capacity of the District's parks and recreation system,
and is:
"Dwelling Unit., Single Room Occupancy" means a portion of a building consisting of one or more
rooms including sleeping facilities with a sbared or private bath; and shared cooking facilities arid shared
living/activity area. This definition also includes, but is not limited to "assisted living facility".
(1) Required as a condition of development approval;
(v)
"Improvement Fec" means a fee for costs associated with capital improvements to be constructed after
the effective date of this Resolution
(2)
Identified in the District's SDC Capacity Improvement Projects List; and
(w)
"Manufactured Housing" means a Dwelling Unit constructed off-site that has sleeping, cooking and
phimbing facilities, that is intended for human occupancy, that is being used for residential purposes,
and that was constructed in accordance with federal manufactured housing construction and safety
standards and regulations in effect at the time of consti"uctio~.
(3)
(i) Not located on or contiguous to property that is the subject of development approval, or
(ii) Located in whole or in part on or contiguous to property that is the subject of
development approval and, in the opinion of the Administrator, is required to be built larger or
""ith greater capacity (over-capacity) than is necessary for the Applicant's New Development or
to 'mitigate for parks and .recreation system impacts attributable to the Applicant's New
Development.
(x)
"New Development" means development for which a Bui]ding rennit is required.
(j)
"Non-Residential Development" means any development that does not include one or more Dwelling
Units.
(ee) "Rcimbursemcnffee" means a fee for Costs associated with capital i...t-'.~, _...~nts already constructed or
under construction on the effective date of this resolution.
(z)
"Over-capacity" means that portion of an improvement that. is built larger or with greater capacity than is
necessary to serve the Applicant's New Development or mitigate for parks and recreation system
impacts attributable to the Applicant's New Development.
(gg) "Residential Facility" means a home licensed by or under the authority of the Department of Human
Resources under OR..':;; 441.400 to 443.460 that provides residential care alone or in conjunction with
treatment or training or a combination thereof for six to fifteen individuals who need not be relate.d.
This definition also includes, but is not limited to "residential facilities", "residential care facilities",
"residential treatment facilities" and "residentia] training facilities".
(0) "Remodel" or "remodeling" means to illter, expand or replace an existing structure,
(aa)
"Pennit" m~ans a Building, Pennit.
r
(bb)
"Previous use" means the most intensive use conducted at a particular property within the past 18
months prior to' the date of application for a building permit. Where the site was used simultaneously
for several different uses (mixed use) then, for the purposes of this Resolution, all of the specific use
categories shall be considered. Where the previous use is composed of a primary use with one or more
ancillary uses that support the primary use and are owned and operated in common, that primary use
shall be deemed to be the sole use oflhe property.
(hh) "Residential Home" means a home licensed by or undenhe authority of the Department of '!uman
Resources under ORS 443.400 to 443.460 that provides residential care alone orin conjunction with
. treatment or training or a combination thereof for five or fewer individuals who need not be related.
This definition also includes, but is not limited to "residential treatment homes", "residential training
homes", and "adult foster homes".
(cc)
"Proposed use," means the use proposed by the Applicant for the New Development. Where the
Applicant proposes several dilTerent uses (mixed use) for the New DeVelopment then, for purposes of
this Resolution. all' of the specific use categories shall be considered. Where the proposed use is
composc:~ of a primary use with one or more ancillary uses that support the primary proposed use and
are owned and operated in common, that primary use shall be deemed to be the sole proposed use of the
property.
(ii) "SDC Capacity Improvement Projects List" means the District program set forth in Appendix A to the
SDC Methodo]ogy Report that identifies all of the major parks and recreation improvements projected to
be funded with SDC revenues through 2022, and includes the estimated cost, timing. and percentage of
costs eligible for funding from SDC revenues for each project.
Page 5 - WPRD Parks and Recreation SDC Resolution No, 06-07-6
Page 6 - WPRD Parks and Recreation SDC Resolution No. 06:(17-6
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Date Received. :.:=-J-
Planner: MEM
(jj)
"SDC Debt Service Credit" means the estimated value of future tax payments for debt service identified
in Table 4.3 of the SDC Methoclolo!,'Y Report.
(kk) "SDC Methoclolo!,'Y Report" means the District report entitled Parks and Recreation System
Development Charges Melhodolo!,'Y Update, dated October 4, 2006.
Section 3.
Rules of Construction.
For the purposes of administration and enforcement of this Resolution, unless otherwise staled. in
this Resolution, the following rules of construction apply:
(a) In case of any difference of meaning or-implication between the text oflhis Resolution and any caption,
illustration, summary table, or illustrative table, the text shall controL
(b) The word "shall" is always mancl'!tory and not discretionary: the word "may" is permissive.
(c) Words used in the present tense shall include the future; words used in the singular number shall include
the plural and the plura] the singular, unless the context clearly indicates the contrary.
(d)
The phrase "used for" includes "armnged for", "designed for", "intended for"; "maiittaim..-d for", or
"occupied for".
(0)
Where a regulation involves two or more connected items, conditions, provisions, or events:
(1) "And" indicates that all the connected terms, conditions,. provisions or events shall apply;
(2) "Or" indicates ~hat the connected items, conditions, or provisions or events may apply singly or in
any combination.
C0
Thc word "includes" shall not limit a term to the speeific example, but is intended to extend its meaning
to all other instances or circumstances of like kind or character.
Cg)
The word "structure" includes the word "building".
(h) The words "land", "property", "site", "lot" and "premises" are used interchangeably unless the context
clearly indicates to the contrary.
Page 7 - WPRD Parks and Recreation SDC Resolution No. 06"{)7-6
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(iJ
The words "proposal", "application", and "request" are used interchangeably unless the context clearly
indicates to the contrary:.
Section 4.
Application.
This Reso]ution applies to all New Development throughout the District. The amount of the
District SDC shall be calculated according to this Section. with rates as outlined herein and in theSDC
Methodolob'Y Report.
(aj
Except as otherwise provided in this Resolution, the District SDC set [orth. herein shall be imposed upQn
all New Deve]opment [or which a technically complete Building Permit application is filed ~n or after
the effective date of this Reso]ution. Except as provided in subsection (g) of this Section, the nites Per
dwelling unit as outlined in the SDC Methodology Report shall be phased in over a period of five years,
effective January lo[each year, as follows:
2007 2008* 2009* 2010. 2011*
Single Fami]y, Detached $2,303 $2,447 $2,59] $2,735 $2,879
Single Family, Attached $2,426 $2,578 $2,730 $2,881 $3,033
Multi-Family $2,032 $2.159 $2,286 $2,413 $2,540
* beginning January I, 2008, these rates shall be adjusted as provided in subsection (g) 0[. this Seetio?
(bj
Manufactured housing shall be charged at the single-family (detached) dwelling unit SDC rate.
(oj
Accessory dwelling units shall be charged at one-half the single-family (detached) dwelling unit SDC
rate.
(d)
Single Room Occupancy dwelling units shall be charged at one-half the multi-family dwelling unit SDC
rate.
(oj
The Applicant shall at the time of Bui]ding Permit application provide the Administrator with the
information requested on an SDC worksheet regarding the previous and proposed use(s) of the New
Development, including the number and type (i.e., single family, detached, mu]ti-family, etc.) o[
dwelling units for the previous and proposed use(s) o[the New Development.
(f) Except as may otherwise be provided in this Resolution, the amount of the SDC shall be determined by
calculating thcSDC amount that would have been imposed for the previous use(s) of the property and
the SDC amount for the proposed use(s).
Page 8 - WPRD Parks and Recreation SDC Resolution No. Q6..{)7-6
(ii) The Acquisition and Development Cost Adjustment factor shall be weighted as follows:
(g)
ORS 223.304(!l) allows for periodic adjustments in SDC mtes based on changes in District~adopted cost
indices. Therefore, the District shall adjust the dollar amounts of the SDC mtes set forth in the SDC
Methodology Report on or about January I st of each year to account for changes in the expected costs of
debt service and of acquiring and constructing facilities.
1)
Change in Land Yalue Multiplied by 28%
(land portion of SDC-Eligible CIP)
Change in CCl Multiplied by 72%
(facilities portion ofSDC-Eligihle CIP)
System Development Charges Adjustment Factor
+
2)
(I) The District shall adjust SDC mtes to account for changes in valuation that may alYect future tax
revenues (the "Debt Service Credit").
3)
(iii) The Acquisition and 'Development Cost Adjustment factor shall be applied as follows:
(i)
On or about December I of each year, the District shall access iiifonnation from the local
Regional Mullipl.c Listing Service (RMLS),to obtain the current averuge assessed
valuation for single family, detached dwelling units constructeddUllng the prior t\velve
month period.
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1)
2)
System Development Charges Adjustment FaCtor
Total SDC Pcr Dwelling Unit (following any Debt Service
Credit adjustment)
Adjusted Total SDC Per Dwelling Unit
3)
(ii) Using the current avemge RMLS valuation, the District shali calculate an updated Debt
Service Credit per single family, detached dwelling unit reflecting any -'change in the net
present value'of expected future tax payments for debt service included in Table 4.3 of
the SDC Methodology Report.
Section 5.
Partial and Full Exemptions.
(iii) The District shall calculate an updated total SDC per single family, detached dwelling
unit by subtracting the updated Debt Service Credit from the Improvement F.ee per
Dwelling Unit for a Dwelling Unit Detached, Single Family as sho:",n in Table 4.4 of the
SDC Methodoloh'Y Report
The uses listed and described in this Section are exempl., either partially or fully, from payment
of the District's SDC. Any Applicant seeking an exemption under this Section shall specifically request that
exemption, in writing, no later than the time of application for the Building Pennit. Where New Development
consists of only part of one or more of the uses described in this Section, only that/those portion(s) of the New
Development that quality under this Section are eligible for an exemption. The balance of the New
Development that does not quality for any exemption under this Section shall be subjcct to the full SOC.
Should the Applicant dispute any decision by the District regarding an exemption request, the Applicant must
apply for an alternative exemption calculation under Section 7. The Applicant has the burden of proving
entitlement to any exemption so requested.
. (2) The District shall adjust S.DC rutes to account for changes in the cost of acquiring land and
. develo~ing '. parks and recreati.on facilities (the .'Acquisition and Development Cost
, Adjustment"). The Acquisition and Deve!opmen.tCost Adjustment factor shall be used to adjust
the District's SDCs. unless otherwise adjusted by the Dis~rid based o,n either: l).adoption of an
updated methodology, or 2) other adjustments or modifications made in accordance withORS
223,309(2),
(a) Non-residential uses are fully exempt.
(b) Temporary uses are fully exempt so long as the New Development use or structure will be used for not
more than 180 days in a single calendar year.
(i) "On or about December I of each year, the District shall access I) information from the
Lane County Tax Assessor ,.to obtain the perccnt~gechange in the averugc assessed
valuatio~ for vacant, residential land, during the most recent twelve month period for
which records are available; and 2) The Engineering News Record (ENR) to obtain the
percentage change in the ENR Consn:uction Cost Index' (CCI) for Seattle, Washington,
during the most recent twelve month period fOT which records are available.
(c) Altemtion permits fortenant improvements are fully exempt.
(d) Congregate Care Facilities are fully exempt.
Page 9 - WPRD Parks and Recreation SDC Resolution No. 06-07-6
(e) Any Residential Facility or Residential Home licensed by or under.the authority of the Department of
Human Resources under ORS 443.400 to 443.460 is fully exempt
Page, 10 - WPRD Parks and Recreation SDe Resolution No. 06-07-6
Dale KeceivecL~) 04
Planner: MEM
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(<)
If the Applicant disputes' the Administrator's decision with regard to an sac Credit request, including
the amount of the credit, the Applicant may seek an alternative SDC Credit calculation under Section 7.
Any request for an Alternative SDC Credit calculation must be filed with the Administrator in writing
within 10 calendar days of the written decision on the initial credit request.
(0
New Development that, in the. Administrator's opinion, will not create demands on the parks and
recreation system greater than those of the prescnt use of the property are fully exempt.
Section 6.
,SDC Credits
The District shall grant a credit against the District's SDC ("SDC Credit"), which is otherwise
assessed fOf a New Development, for any Qualified Public Improvement(s) constructed or dedicated as part of
thai New Development. The Applicant bears lite burden of evidence and persuasion in establishing entitlement
to an SDC Crcdit and to a particular valuc of SDC Credit.
(d) . Where thc amount of an SOC Credit approved by the Administrator under this Section exceeds the
amount of the SDC assessed by the District upOn a New Development, the excess credit may be applied
against SDCs tliat accrue in subsequent phases of the original development project. Any excess credit
must be used not later than ten years fro~ the date the credit is given.
Section 7.
Allemative Calculation for SOC. Rate, Credit, or Exemption.
(a)
To obtain an SDC Credit, the Applicant must specifically request, in writing, a credit prior to the City's
issuance of a building pcnnit for the New Development. In ~e request, the Applicant must identify the
improvement(s) for which credit is sought and explain how the improvement(s) meet the requirements
for a Qualified Public Improvement. The Applicant shall also document, with credible evidence, the
value of the improvement(s) for which credit is sought. If, in the Administrator's opinion, the
improvement(s) is a Qualified Public Impr.ovement, and the Administrator concurs with the proposed
value of the improvement(s), an SDC ~)edit shall be grante& The value of the SDC Credits under this
Section shall be detennined+ by the Administrator. based on the cost of the Qualified Public
Improvement, or the value of land dedicated, as follows:
An applicant may request an alternative SDC rate calculation, alternative .SDC Credit \
determination, or.alternative SDC exemption if: I) the Applicant believes that the impact on parks and
recreation facilities resulting from the New Development is, or will be, less than that contemplated in the SDC
Methodology Report, and for that rcason; the Applicant's SDC ~hould be lower than that calculated by the
District, 2) the Applicant believes the District improperly exeluded from consideration a Qualified Public
Improvement that would quality for credit under Section 6, or the District accepted for credit a Qualified Public
Improvement, but undervalued that improvement and therefore undervalued the credit, or 3) the Applicant
believes the District improperly rcjectcd a request for an cxcmption under Section 5.
(I)
For dedicated lands, the value,shall be based upOn a written appraisal of [air "1urket value by a
qualified, pr.ofessional appraiscr based upon comparable sales of similar property betwccn
unrelated parties in an arms-length transaction;
(aJ
Alternative SDC Rate Request
(2)
For improvements yet to be constructed, value shall be based upon the anticipated cost of
construction. Any such cost estimates shall be certified by a professional architect or engincer or
based on a fixed price bid from a contractor ready and able tu construct the improvemcnt(s) for
which SDC Credit is sought;
(1) If an Applicant believes that the as,sumptions for.the class of structures that includes the New
Devclopment are not appropriate for the subject New Dev~lopment, the Applicant must request,
in writing, an alternative SDC rate calculation, under this Scetion, no later than the time of
issuance of a Building Pennit for the New Development. Alternative SDC rate calculations for
occupancy must be basal on analysis of occupancy of classes of structures, not on the intended
occupancy of a particular New Development.
(3) For improvements already constructed, value shall be based on the actual cost of construction as
verified by receipts submitted by the Applicant;
(2) In support ufthe alternative SDC rate request, the Applicant must provid~ complete and detailed
documentation, including verifiable data, analyzed and certified by a suitable and competent
professional. The Applicant's supporting documentation must rely upon generally accepted
sampling methods, sources of infonnation, cost analysis, demographics, growth projections, and
techniques of analysis as a means of supporting the proposed alternative SDC rate. The
proposed alternative SDC rate calculation shall include an explanation with particularity why the
rate established in the SDC Methodolob'Y docs not accurately rcneet the New Development's
impact on the District's capital improvements.
Page 12 - WPRD Parks WId Recreation SDC Resolution No. 06-07-6
(b) The Administmtor shall respond to the Applicant's request in writing within 21 days of receipt of a
technically complete request. The Administrator shall provide a written explanation of the decision on
the SDC Credit request.
Page 11 - WPRD Parks and Recreation SDC Resolution No. 06-{l7-6
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(3)
The Administrator shall apply the alternative SDC rate if, in the Administrator's opinion, the
following are found:
(;)
The evidence and assumptions underlying the alternative SDC rate are reasonable, correct
and credible and were gathered and analyzed in compliance with generally accepted
principles and methodologies consistent with this Section, and
(ii) The calculation of the proj:iosed alternative SDC rate was by a generally accepted
methodology, and
(iii) the proposed alternative SDC rate better or more realistically reflects the actual impact of
the New Development than the rate set forth in the SDC Methodology Report.
(ii)
The evidence and assumptions underlying the Applicant's alternative SDC Credit request
are reasonable, correct, and credible and were gathered and analyzed by an appropriate
competent professional in compliance with generally' accepted principles and
methodologies, and
(ili) the proposcd alternative SDC Credit is based on realistic, credible valuation or benefit
analysis.
(4)
If, in the Administrator's opinion. anyone or more of the above criteria is not met, the
Administrator shall dcny the request and provide to the Applicant (by Certified mail. return
receipt requested) a written decision explaining the basis for rejecting the proposed alternative
SDC Credit proposal.
(c) Alternative SDC Exemption Request:
'(1)
If an Applicant has requested a full or partial exemption under Section 5 and that request has
been denied, the Applicant may request. in writing. an alternative SDC exemption under this
Section. no later than the time of application for a Building Permit for the New Development.
(4)
If. in the Administrator's opinion. all of the above criteria are not met, the Administrator shall
provide the Applicant (by Certified mail, return receipt requested) a wriUen decision explaining
the basis for rejecting the proposed alternative SDC rate.
(b) AltemativeSDC Credit Request:
(1)
If an Applicant has requested an SDC Credit pursuant to Section 6 and that request has been
denied by the District, the Applicant may request, in writing. an alternative SDC Credit
calculation, under this Section, no later than the time of application for a building pennit
(2)
In support of the alternative SDC Credit request, the Applicant must provide complete and
detailed documentation, including appraisals, cost analysis or other estimates of value. analyzed
and certified to by an appropriate professional. for the improvements for which the Applicant is
seeking credit. The Applicant's supporting documentation must rely upon generally accepted
sources of information, cost analysis, and techniques of analysis as a means of supporting the
proposed alternative SDC Credit.
Section 8.
(3)
The Administrator shall apply the alternative SDC Credit if. in the Administrator's opinion, the
following are found:
Ex.cept as may be required by ORS 223.205 - 223.295 (Bancroft Bonding Act), the SDC
required by this Resolution is due and payable in full at the time~lhe, building permit is issued. The SDCs may
be collected by the City andlor other local governments with whom the District may enter into agreement for
such collection.
(i) The improvement(s) for which the SDC Credit is sought are Qualified Public
Improvement(s). and
Page IJ - WPRD Parks and Recreation SDC Resolution No. 06-07-.6
SeCtion 9.
(2)
In support of the alternative SDC exemption request, the Applicant must provide complete and
detailed. doc'umentation demonstrating that the Applicant is entitled to one of the exemptions
described in Section 5.
(3)
The Administrator shall grant the exemption if, in the Administrator's opinion. the Applican.t has
demonstrated with credible, relevant evidence that it mects the pertine~t criteria in Section 5.
(4)
Within 21 days of receipt of the Applicant's technically complet~ request, the Administrator shall
provide a wrillen dccision eXplaining the basis for rejeCting or accepting the request.
Due Date of Payment ofSDC Charges.
Page 14 - WPRD Parks and Recreation SDC Resol~tion No. 06-tJ7--6
Refunds.
Date ReceiYed:
Planner: MEM
3110101
~
Refunds may be given by the Administrator upon finding that there was a clerical error in the
calculation of the SOC. Refunds shall not be allowed for failure to timely claim credit or for failure to timely
seek an alternative SDC rate calculation under Section 7 at the time of submission of an Application for a
Building Pennit. The District shall refund to the Applicant any SDC revenues collected from Applicant, but not
expended within ten (10) years of receipt.
(2)
permiuing;
(3)
land and materials acquisition, including any costs of acquisition or condemnation;
(4) construction of parks and recreation capital improvements;
Section 10. Dedicated Accounts, Appropriate Use of Accounts, and Accounting.
(5)
design and construction of new streets, sanitary sewers, drainage facilities. or other public
improvements required by the construction of parks and recreation capital improvements and
structures;
All monies derived from the District Improvement Fee SDC shall be placed in a District SDC
Improvement Fee account and shall be used solely for the purpose of providing capacity-increasing capital
improvements as identified in the SIX Capacity Improvement Projects List as it currenlly exists or as
hercinafler amended, and eligible administrative costs.
(6)
relocating utilities required by the construction of improvements;
(a)
Any capital improvement being funded wholly or in part with revenues fromthe District's Improvement
Fee SDC sha~1 be included in the District's SDC Capacity Improvement Projects List and shal.1 include,
for each project, the estimated cost, timing and percentage of costs e1igiblc to berunded with revenues
from the Improvement Fee SOC.
(7)
landscaping;
(8)
construction management and inspection;
(9) surveying, soils and material testing;
(b)
The SIX:: Capacity Improvement Projects List may be modificd at any time. If the District's
Improvement Fee SDGwil1 be increased by a proposed, modification of the list to include one or more
SDC-e1igible capacity-increasing capital improvements:
(10) acquisition of capital equipment that is an intrinsic part of a facility;
(I I) demolition that is part of the construction orany of the improvements on this list;
(I)
The District shall provide, at least 30 days prior to the adoption of the modification, notice of the
proposed modification to the persons who havc requested written notice.
(2)
If the District receives a mitten request for a hearing on the proposed modification within seven
days of the date the proposed modification is scheduled for adoption, the District shall hold a
public hearing.
(12) payment of principal and intcrest, ne~ssary reserves and costs of issuance under any bonds or
other indebtedriess issued by the District to provide money to construct or acquire parks and
recreation facilities;
"
(3)
If the District does not receivc a written request for a public hearing, none is required, and the
proposed modification and increase in the SDC may be adopted.
(13) direct costs of complying with the provisions of ORS 223.297 to 223.314: 'i~cl~ding the
consulting, legal, and administrative costs required for developing and updating the system
development charges methodologies and capital improvement program; and the costs of
collecting and accounting for system development charges expenditures.
(4)
Any decision of the District to increase the SDC by modifying the list may be judicially
reviewed only as provided in ORS 34.010 to 34.100.
(d)
Money on deposit in the District's SDC account shall not be used for:
(I) any expenditure that would be classified as a maintenance or repair expense; or
(c) SDC revenues may be used for purposes that include, but arc not limited to, thc following:
(1) design and construction plan preparation;
Page 15 - WPRD Parks and Recrealion SDC Resolulion No. 06-07-6
(2) costs associated with the construction of administrativc office facilities that arc 1Jlore than an
incidental part of other capital improvements; or
Page 16-WPRD Parks and Recrealion SDC Rcsolution No. 06-07-6
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(3)
costs associated With acquisition or maintenance of rolling StOCK.
(c) Annual Accounting Reports
(I)
The District shall provide an annual accounting, to be completed by January 1 of each year, for
soes showing the total amount ofSDC revenues collected and the projects that were funde~ in
the previous fiscal year.
(2)
The annual accounting shall i~C1ude:
(i) A list of the amount spent on each project. funded, in whole or in part, with SDC
revenues; and
(ii) The amount of revenue collected by thc'Oistrict from soes and attributed to the costs of
complying with the provisions ofORS223;297 to 223.314, as described hi ORS 223.307.
Section 11.
Challenges and Appeals.
(,)
Any citizen or other interested person may challe.nge the expe~diture of sue revenues by filing a
challenge to the expenditure with the Administrator within two years after the date of the disputed SDC
revenue expenditure.
(b)
Except where a different time for an Administrator's decision is provided in this Resolution, all
Administrator decisions shall be in writing and shall be delivered,to.tne Applicant within 21 days of
receipt of a technically complete application or other Applicant request for an Administrator
determination. Delivery shall be deemed compfete upon the earlier of actual delivery to the Applicant
or upon deposit by the Administrator by certified mail, addressed to the address tor notice Applicant has
desi~nated in the Application
(0)
Any person may appeal to the District Board of Directors any decision of the Administrator made
pursuant to this Resolution by filing a written request with the Administrator within fourteen (14) days
after the delivery of the Administrator's written decision to the Applicant.
(I)
The appeal to be filed with the District Board of Directors and should contain the following
information:
Section 12. DistrictRcviewofSDC.
(ii)
The legal description of the property in question (ifapplicable);
(iii) Ifissued, the date the building pennit was issued;
(iv) If paid, the date the system development charges were paid; and
(v) A statement of the reasons why the applicant is appealing a decision.
(2)
Upon receipt of such request, the District shall schedule a hearing before the District Board of
DireCtors at a regularly scheduled meeting or a special meeting called for the purpose of
conducting the hearing and shall provide the applicant written notice of the time and place of the
hearing. Such hearing shall be held within twenty-one (21) dayS of the date the appeal was filed.
(3)
The District Board of Directors shall conduct a hearing in a manner designed to obtain all
information and evidence relevant to the requested hearing. Formal rules of civil procedures and
evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial
manner with each party having an opportunity to be heard and to present information and
evidence.
(4)
Any applicant who appeals Ii ,decision pursuant to this Section and desires the immediate
issuance of a building permit shall pay prior to or at the time the request for hearing is filed the
applicable system development charges pursuant to Section 4. Said payment shall be deemed
p~id under "protest" and shall not be construed as a waiver of any review rights
(5)
An applicant may appeal a decision under this Section without paying the applicable system
development charges, but no building permit shall be issued until such system development
charges are paid in the amount initially calculated or the amount approved upon completion of
the review provided in this Sectio!1.
(6)
The District Board of Directors shall decide an appeal within sixty (60) days of the date of the
appeal to the District Board of~irectors and that decision may be reviewed under ORS 34.010 to
34.100, and not otherwise.
(i) The name and address of the applicant;
Page 17 - WPRO Parks and Recreation SOC Resolution No. 06-07--6
No later than every five (5) years as measured from date of adoption of the Resolution, the
District shall undertake a review to detcnnine that sufficient money will be available to help fund the SDC
Page 18 - WPRO Parks and Recreation SOC Resolution No. 06-07--6
Date Received'
Planner: MEM
3\ lo!ifJ
Capacity Improvement Projects List; to detenninc whether the adopted SDC rates keep pace with inflation,
whether the SDC Capacity Improvement Projects List should be modified, and to ensure thai'~ch facilities will
not be over funded by the SDC receipts.
(d)
Any decision of the District to increase the SDC by modifYing the list may be judicially re~iewcd only
as provided in ORS 34.010 to 34;100.
Section 16.. Severability.
(a)
In the event that during the. review referred to above,-it is detennincd that an adjustment to the SDC is
necessary for sufficient funding of the SDC Capacity Improvement Projects List or to ensure that such
projects arc not over.funded by the SDC, frie District Board of Directors may propose and adopt
appropriately adjusted SDCs.
The provisions of this Resolution arc severable, and it is the intention to confer the whole or any
part of the powers herein provided for. If any clause, Section or provision of this Resolution shall be declared
unconstitutional or invalid for any reason or cause, the remaining portio"ri ofthis Resolution shat! be in full force
and effect and be valid as irsuch invalid portion thereof had not been incorporated herein. It i,s hereby declared
to be the legislative intcnt that this Resolution would have been adopted had such ~ unconstitutional provision'
not been included herein.
(b)
The District may from time to time amend tbe adopted SDC Melhodolob'Y Report and rates, amend the
SDC Capacity Improvement Projects List, and/or adopt a new SDCMethodolob'Y Report by resolution.
Section 13. Time Limit on Expenditure ofSDCs.
Section 17. Effective Date.
The District shall expend SOC revenues within ten (10) years of receipt.
The provisions of this Resolution become effective January 1,2007.
Section 14. Implementing Regulations; Amendments.
ADOPTED this _day of
,2006.
The Administrator may adopt regulations to implement the provisions of this Resolution.
WILLAMALANE PARK AND RECREATION DISTRICT
Section 15. Amendment of the SDC Capacity Improvement Projcct~ List.
Any capital improvement being funded wholly or in part with revenues from the District's parks
and recreation Improvement Fee SDC shall be included in the District's adopted SDC Capaci"ty Improvement
Projects List (Appendix A to the SDC Methodology Report). This list may be modified at any time. If the
Dislrict's parks and recreation Improvement Fcc SDC will be increased by a proposed modification of the list to
include one or more SDC-eIigible capacity.incrcasing capital improvements:
Bv:
Gary P. Ross, President. Board of Directors
ArrEST:
Robert W. Keefer, Superintendent-Secretary
(a) "Ilie District shall provide, at least 30 days prior to the adoption of the modification, nOlice of the
proposed modification to the persons who have requested written notice.
(b) If the District receives a written request for a hearing on the proposed modification within seven days of
the date the proposed modification is scheduled for adoption, the Dislrict shall hold a public hearing.
(c) I.f the District does not {C(;ci'Vc a written request for a public hearing, none is required, ~d lhe propost.>d
modification andincrcase in the SOC may be adopted.
Page ]9 - WPRD Parks and Ret:reauon SDC Resolution No. 06-07-6
Page 20 - WPRD Parks and Ret:reation SDC Rcsolution No. 06-07--6
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