HomeMy WebLinkAbout6583 ORDINANCE NO. 6 5 8 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 19.04.040
OF THE AUBURN CITY CODE, ENTITLED "ASSESSMENT OF
IMPACT FEES" FOR THE PURPOSE OF REVISING CODE
LANGUAGE TO CLARIFY INTENT
WHEREA8, a review of the current Auburn City Code provisions revealed a need
to clarify the language regarding the assessment of the traffic impact fees; and
WHEREAS, the City Council updates the traffic impact fees on an annual basis;
and
WHEREAS, applicants may be within the building permit review process as the
time of a change in the fees; and
WHEREAS, if the applicant has not begun construction of their project or paid the
tra�c impact fee they should be able to take advantage of a reduction in the fee
amount; and
WHEREAS, it is appropriate for the City to have the flexibility to allow the lowest
rate in effect between the application and issuance of a building permit.
NOW, THEREFORE, THE CITY COUNCI� OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. AMENDMENT TO CITY CODE. That Section 19.04.040 of the
Auburn City Code be, and the same hereby is, amended to read as follows:
19.04.040 Assessment of impact fees.
A. Effective July 1, 2001, the city shall collect impact fees, based on
the fee schedule of the city of Auburn, from any applicant seeking a building
permit from the city for any development activity within the city.
B. Effective May 19, 2003, where a change in use increases the trip
generation by more than one whole PM peak hour trip, the director shall calculate
a transportation impact fee based on the increases in the trip generation rate.
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Ordinance No. 6583
November 18, 2015
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C. The director shall apply a heavy truck adjustment factor to the
transportation impact fees for industrial land uses, addressing the percentage of
vehicle trips for such uses made by trucks of three or more axles and the street
capacity used by such trucks in comparison to other vehicles.
D. The amount of impact fees shall be ^'^�;.;°��based on the.
lowest rate in effect between the time an applicant submits a complete
application for a building permit and the time of permit issuanceasiag-t�e-ia�as�
fee�_��!_-�"_^ n �.`.`°^*_, or pursuant to an independent fee calculation
accepted by the director pursuant to ACC 19.04.050, and adjusted for any credits
pursuant to ACC 19.04.060.
E. Payment of impact fees shall be made by the feepayer at the time
the building permit is issued. The amount to be paid shall not be increased for
any applicant that submitted a complete application for the building permit before
the city established the impact fee rates.
F. Applicants that have been awarded credits prior to the submittal of
the complete building permit application pursuant to ACC 19.04.060 shall submit,
along with the complete building permit application, a copy of the letter or
certificate prepared by the director pursuant to ACC 19.04.060 setting forth the
dollar amount of the credit awarded. Impact fees, as determined after the
application of appropriate credits, shall be collected from the feepayer at the time
the building permit is issued.
G. The department shall not issue a building permit unless and until
the impact fees have been paid or credit(s) awarded.
H. For complete single-family building permit applications for new
development, redevelopment or a change in use, and prior to or at the time of
issuance of any single-family residential building permit for a dwelling unit that is
being constructed, the applicant may elect to record a covenant against title to
the property on forms prepared and provided by the city that requires payment of
transportation impact fees due and owing by providing for automatic payment
through escrow of these transportation impact fees due and owing to be paid no
later than at time of closing of the sale of the unit or at final inspection or
issuance of certificate of occupancy or 18 monfhs from the date of issuance of
the original building permit, whichever comes first. Failure to pay shall result in
the following:
1. If 30 days after the city has sent the responsible party written
notification of its obligation to pay the charges established in this chapter the full
amount remains unpaid, the responsible party shall be subject to the
enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall
be by regular and certified mail and to the most current available contact
information on file with the city. For the purposes of applying ACC 1.25.030 and
1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the
property(ies) on which the violation is occurring, and the impact fee amount
remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
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Ordinance No. 6583
November 18, 2015
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2. Any unpaid charges adopted by this chapter that are outstanding
30 days from the date the charges are due shall constitute a lien against the
property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (H)(1) of this section,
the city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for
the lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply
to determinations made pursuant to fhis section.
I. For complete multifamily building permit applications for new
development, redevelopment or a change in use, and prior to or at the time of
issuance of any multifamily residential building permit that is being constructed,
the applicant may elect to recorcl a covenant against title to the property on forms
prepared and provided by the city that requires payment of transportation impact
fees due and owing by providing for automatic payment through escrow of fhese
fransportation impact fees due and owing to be paid no later than at time of
closing of the sale of the unit or at final inspection or issuance of certificate of
occupancy or 18 months from the date of issuance of the original building perrimit,
whichever comes first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written
notification of its obligation to pay the charges esfablished in fhis chapter the full
amount remains unpaid, the responsible party shall be subject to the
enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall
be by regular and certified mail and to the most current available contact
information on file with the city. For the purposes of applying ACC 1.25.030 and
1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the
property(ies) on which the violation is occurring, and the impact fee amount
remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding
30 days from the date the charges are due shall constitute a lien against the
property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (I)(1) of this section,
fhe city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for
the lot or unit associated with the current development activity and shall limit 4he
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply
to determinations made pursuant to fhis section.
J. For nonresidential development composed of new development,
redevelopment or a change in use and inclusive of commercial office and retail
uses, light and heavy manufacturing uses, but excluding warehousing and
Ordinance No. 6583
November 18, 2015
Page 3 of 2
distribution uses, and institutional development including but not limited to public
and private schools and colleges and hospitals, and prior to the issuance of any
permit application and following the execution of a payment agreement on forms
prepared and provided by the city, the applicant may elect to pay transportation
impact fees due and owing, less any credits awarded, no later than prior to
issuance of certificate of occupancy or 18 months from the date of issuance of
the original building permit, whichever comes first. Failure to pay shall result in
fhe following:
1. If 30 days after the city has sent the responsible party written
notification of its obligation to pay the charges established in fhis chapter the full
amount remains unpaid, the responsible party shall be subject to the
enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall
be by regular and certifie.d mail and to the most current available contact
information on file with the city. For the purposes of applying ACC 1.25.030 and
1.25.065, the responsible party shall constitute a property owner, 4he
property(ies) for which a permit(s) has been issued shall constitute the
property(ies) on which the violation is oc.curring, and the impact fee amount
remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter fhat are outstanding
30 days from the date the charges are due shall constitute a lien against the
property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (J)(1) of this section,
the city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for
the lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply
to determinations made pursuant to this section. (Ord. 6455 § 3, 2013; Ord. 6341
§ 3, 2011; Ord. 6005 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
Section 2. ADMINISTRATIVE IMPLEMENTATION. The Mayor is hereby
authorized to implement such administrative procedures as may be necessary to carry
out the directions of this ordinance.
Section 3. SEVERABILITY. If any portion of this Ordinance or its
application to any person or circumstances is held invalid, the remainder of the
Ordinance or the application of the provision to other persons or circumstances shall not
be affected.
Ordinance No. 6583
November 18, 2015
Page 4 of 2
Section 4. EFFECTIVE DATE. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as provided by
law.
FIRST READING: OEC - 7 ^t'O!I�
SECOND READING: JAN -4 2016
PASSED: _IAN -4 7016
APPROVED: IA� -4 20�5
ATTEST:
NCY BA K S, MAYO
Danielle E. Daskam, City Clerk
APP O ED AS TO FO
niel B. ' ; City Attorney
PUBLISHED: P� a°i/��""�`� �� �'"'�"�
Ordinance No 6583
November 18, 2015
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