HomeMy WebLinkAbout6063ORDINANCE N0.6 0 6 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
19.08 OF THE AUBURN CITY CODE, AUTHORIZING THE
COLLECTION OF IMPACT FEES FOR PARKS, OPEN
SPACE, AND RECREATION FACILITIES
WHEREAS, the City Council of the City of Auburn ("the Council") finds that
development activity in the City of Auburn will create additional demand and need for parks
and recreation facilities; and
WHEREAS, the City of Auburn is authorized by Chapter 82.02 RCW to require new
growth and development within the City of Auburn to pay a proportionate share of the cost of
new facilities to serve such new growth and development through the assessment of impact
fees; and
WHEREAS, the City of Auburn has conducted a study documenting the formulas and
procedures for measuring the impact of new developments on parks and recreation
facilities, and has prepared a technical report which serves as the basis for the actions taken
by the Council; and
WHEREAS, the Council hereby incorporates the following study into this ordinance by
reference: "City of Auburn Parks Impact Fee Study" dated November 21, 2006.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION ONE CREATION OF NEW CHAPTER TO CITY CODE. Anew
Chapter 19.08 of the Auburn City Code is hereby created, providing for the collection of
impact fees for parks and recreation facilities, to read as follows:
Chapter 19.08
Parks Impact Fee
Sections:
19.08.010
19.08.020
19.08.030
19.08.040
Findings and authority.
Definitions.
Assessment of impact fees.
Independent fee calculations.
Ordinance No. 6063
November 9, 2006
Page ~
19.08.050 Credits and adjustments.
19.08.060 Exemptions.
19.08.070 Appeals.
19.08.080 Establishment of impact fee account for parks and recreation.
19.08.090 Refunds.
19.08.100 Use of funds.
19.08.110 Review and update of impact fees.
19.08.120 Miscellaneous provisions.
19.08.010 Findings and authority.
The council of the city of Auburn (the "council") hereby finds and determines that new
growth and residential development in the city of Auburn will create additional demand and
need for parks and recreation facilities in the city of Auburn, and the council finds that new
growth and development should pay a proportionate share of the cost of parks and
recreation facilities needed to serve the new growth and development. The city of Auburn
has conducted a study documenting the procedures for measuring the impact of new
developments on parks and recreation facilities. This study has contributed to the rates as
established in the fee schedule of the city of Auburn. Therefore, pursuant to Chapter 82.02
RCW, the council adopts this chapter to assess impact fees for parks and recreation
facilities. The provisions of this chapter shall be liberally construed in order to carry out the
purposes of the council in establishing the impact fee program.
19.08.020 Definitions.
The following words and terms shall have the following meanings for the purposes of
this chapter unless the context clearly requires otherwise. Terms otherwise not defined
herein shall be defined pursuant to RCW 82.02.090 or given their usual and customary
meaning.
A. "Act" means the Growth Management Act, Chapter 36.70A RCW, as now in
existence or as hereafter amended.
B. "Building permit," for the purposes of this chapter only, means an official
document or certification which is issued by the city' and which authorizes the construction,
alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure.
C. "Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, known as the City of
Auburn Parks, Recreation and Open Space Plan, and such plan as amended.
D. "Change in use" for the purposes of this chapter means a different use that
qualifies as a single- ormultiple-family dwelling as defined in this chapter.
E. "City" means the city of Auburn.
F. "Council" means the city council of the city of Auburn.
G. "Department" means the department of parks, arts, and recreation.
H. "Development activity" means any construction or expansion of a building,
structure, or use, any change in use of a building or structure, or any change in the use of
land, that creates additional demand and need for parks and recreation facilities.
I. "Director" means the director of the department of parks, arts, and recreation
or the director's designee.
Ordinance No. 6063
November 9, 2006
Page 2
J. "Dwelling unit" means a building, or portion thereof, designed for residential
occupancy consisting of one or more rooms which are arranged, designed or used as living
quarters for one family only.
K. "Encumbered" means to reserve, set aside or otherwise earmark the impact
fees in order to pay for commitments, contractual obligations or other liabilities incurred for
parks and recreation facilities.
L. "Feepayer" is a person, corporation, partnership, an incorporated association,
or any other similar entity, or department or bureau of any governmental entity commencing
a land development activity which creates the demand for additional parks and recreation
facilities, and which requires the issuance of a building permit. "Feepayer" includes an
applicant for an impact fee credit.
M. "Grandfathering" means that the existing land use of a developed property in
effect on January 1, 2007, the initial effective date of the impact fees ordinance, is entitled to
system capacity credits determined by the adopted impact fees rate schedule.
N. "Hearing examiner" means the examiner who acts on behalf of the council in
considering and applying land use regulatory codes as provided under Chapter 18.66 ACC.
Where appropriate, "hearing examiner" also refers to the office of the hearing examiner.
O. "Impact fee" means a payment of money imposed by the city of Auburn on
development activity pursuant to this chapter as a condition of granting development
approval in order to pay for the parks and recreation facilities needed to serve new growth
and development.
P. "Impact fee account" or "account" means the account established for the
parks and recreation facilities' impact fees collected. The account shall be established
pursuant to ACC 19.08.090 and comply with the requirements of RCW 82.02.070.
Q. "Independent fee calculation" means the parks and recreation impact
calculation prepared by a feepayer to support the assessment of an impact fee other than by
the use of the fee schedule.
R. "Interest" means the interest rate earned by local jurisdictions in the State of
Washington Local Government Investment Pool, if not otherwise defined.
S. "Multi-family dwelling" means a building designed exclusively for occupancy
by two or more families living independently of each other, and containing two or more
residential dwelling units.
T. "Owner" means the owner of record of real property; provided, that if the real
property is being purchased under a recorded real estate contract, the purchaser shall be
considered the owner of the real property.
U. "Parks and recreation facilities" means neighborhood and community parks,
open space, recreational trails, athletic fields, swimming pools, and community centers, and
any furnishings and equipment that are used at such locations and which can be capitalized.
V. "Parks and recreation project improvements" means site improvements and
facilities that are planned and designed to provide service for a particular development or
users of the project and are not parks and recreation system improvements. No parks and
recreation improvement or facility included in a capital facilities plan approved by the council
shall be considered a parks and recreation project improvement.
W. "Parks and recreation system improvements" means parks and recreation
facilities that are either included in the city of Auburn's capital facilities plan and/or are
Ordinance No. 6063
November 9, 2006
Page 3
designed to provide service to service areas within the community at large, in contrast to
parks and recreation project improvements.
X. "Single-family dwelling" means a detached building designed exclusively for
occupancy by one family and containing one residential dwelling unit. A manufactured
home may be considered aone-family dwelling, if sited per ACC 18.48.050.
Y. "State" means the state of Washington.
Z. "Surplus credits" means credits over and above those calculated as an impact
fee. For example:
1. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a positive number, the result is the impact fee due.
2. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a negative number, the result is the surplus credit and no
impact fee would be due.
19.08.030 Assessment of impact fees.
A. Effective January 1, 2007, the city shall collect park impact fees, based on the
fee schedule of the city of Auburn, from any applicant seeking development approval from
the city for any development activity that includes dwelling units within the city. The park
impact fee established hereby shall be listed on the City of Auburn Fee Schedule.
B. Effective January 1, 2007, where a change in use increases housing capacity
by more than or equal to one dwelling unit, the director shall calculate a parks and recreation
impact fee based on the increase in the housing capacity.
C. The amount of impact fees shall be determined at the time an applicant
submits a complete application for a building permit using the impact fee schedules then in
effect, or pursuant to an independent fee calculation accepted by the director pursuant to
ACC 19.08.050, and adjusted for any credits pursuant to ACC 19.08.060.
D. Payment of impact fees shall be made by the feepayer at the time the building
permit is issued for each unit in the development. 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.
E. Applicants that have been awarded credits prior to the submittal of the
complete building permit application pursuant to ACC 19.08.060 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.08.060 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.
F. The department shall not issue a building permit unless and until the impact
fees have been paid or credit(s) awarded.
19.08.040 Independent fee calculations.
A. If, in the judgment of the director, none of the fee categories or fee amounts
set forth in the fee schedule accurately describes or captures the impacts of the new
development, the applicant shall conduct an independent fee calculation and the director
may impose alternative fees on a specific development based on those calculations, once
accepted by the city.
Ordinance No. 6063
November 9, 2006
Page 4
B. Feepayers may opt not to have the impact fees determined according to the
fee schedule. Such feepayers shall prepare and submit to the director an independent fee
calculation for the development activity for which a building permit is sought. The
documentation submitted shall show the basis upon which the independent fee calculation
was made.
C. A nonreimbursable administrative fee shall be charged for each independent
fee calculation. The fee shall be deposited with the city to pay for city review of the
independent fee calculation upon submittal of the documented independent fee study.
D. After the city completes its review, the actual fees and expenses will be
determined and the cash deposit shall be adjusted to provide for a refund by the city or
additional payment by the feepayer.
E. While there is a presumption that the calculations set forth in the fee schedule
are valid, the director shall consider the documentation submitted by the feepayer, but is not
required to accept such documentation which the director reasonably deems to be
inaccurate or not reliable, and may, in the alternative, require the feepayer to submit
additional or different documentation for consideration. The director is authorized to adjust
the impact fees on a case-by-case basis based on the independent fee calculation, the
specific characteristics of the development, and/or where adjustment is deemed by the
director to be appropriate based on principles of fairness under the circumstances of the
case.
F. Determinations made by the director pursuant to this section may be
appealed to the office of the hearing examiner subject to the procedures set forth in ACC
19.08.080.
19.08.050 Credits and adjustments.
A. A feepayer can request that a credit or credits for parks and recreation impact
fees be awarded to him/her for parks and recreation improvement projects provided by the
feepayer in excess of the standard requirements for the feepayer's development if the land,
improvements, and/or the facility constructed are identified as parks and recreation system
improvements that provide capacity to serve new growth in the capital facilities plan, or the
director, at his/her discretion, makes the finding that such land, improvements, and/or
facilities would serve the parks and recreation goals and objectives of the capital facilities
plan.
B. For each request for a credit or credits, the director shall determine the value of
dedicated land by using available documentation or selecting an appraiser from a list of
independent appraisers maintained by the department to determine the value of the land
being dedicated. The value of improvements will be determined through documentation
submitted by the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit on account
the estimated cost of the appraisal as determined by the city at the time the feepayer
requests consideration for a credit.
D. After receiving the appraisal, the director shall provide the applicant with a
letter or certificate setting forth the dollar amount of the credit, the reason for the credit,
where applicable, the legal description of the site donated, and the legal description or other
adequate description of the project or development to which the credit may be applied. The
applicant must sign and date a duplicate copy of such letter or certificate indicating his/her
Ordinance No. 6063
November 9, 2006
Page 5
agreement to the terms of the letter or certificate and return such signed document to the
director before the impact fee credit will be awarded. The failure of the applicant to sign,
date, and return such document within 60 days shall nullify the credit.
E. Any claim for credit must be made no later than the time of application for a
building permit. Any claim not so made shall be deemed waived.
F. Determinations made by the director pursuant to this section shall be subject
to the appeals procedures set forth in ACC 19.08.080.
G. Pursuant to and consistent with the requirements of RCW 82.02.060, the fee
rate in the fee schedule has been reasonably adjusted for other revenue sources which are
earmarked for, or proratable to, funding parks and recreation facilities.
H. In order to grandfather the capacity rights of existing developments, the
director will utilize the adopted rates to calculate any impact fee credits and to determine any
surplus credits for off-site system improvements made by the property owner. Only in a
situation when a property owner makes off-site system capacity improvements that qualify in
accordance with subsection A of this section will any surplus credits (value computed during
the permit year and not adjusted for inflation) remain with the property or any subdivision of
that property to benefit future development where a parks and recreation impact fee is
determined to be due.
19.08.060 Exemptions.
A. The following shall be exempted from the payment of parks and recreation
impact fees:
1. Replacement of a structure with a new structure of the same use at the same
site or lot when such replacement occurs within 12 months of the demolition or destruction
of the prior structure.
2. Alterations or expansion or enlargement or remodeling or rehabilitation or
conversion of an existing dwelling unit where no additional units are created and the use is
not changed.
3. Miscellaneous improvements, including but not limited to fences, walls,
swimming pools, and signs.
4. A change in use where the increase in housing capacity is less than the
threshold stated in ACC 19.08.040(B);
5. Demolition or moving of a structure.
6. Any building permit application that has been submitted to the department
before 5:00 p.m. the business day before the first effective date of the park impact fee rate
schedule and subsequently determined to be a complete application by the city.
B. The director shalt be authorized to determine whether a particular
development activity falls within an exemption identified in this section. Determinations of
the director shall be subject to the appeals procedures set forth in ACC 19.08.080.
19.08.070 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest
in order to obtain a building permit. Appeals regarding the impact fees imposed on any
development activity may only be made by the feepayer of the property where such
development activity will occur. No appeal submitted under protest shall be permitted
unless and until the impact fees at issue have been paid. Alternatively, any feepayer may
Ordinance No. 6063
November 9, 2006
Page 6
appeal the impact fees determined by the director without first paying the fees, providing the
applicant is willing to provide a satisfactory security of the appealed fee amount in
accordance with the requirements of ACC 17.08.010(A) prior to issuance of the building
permit. Alternatively, any feepayer may appeal the impact fees determined by the director
without first paying the fees, provided the applicant is willing to postpone issuance of the
building permit until after the appeal process when the revised final fee is known.
B. Determinations of the director with respect to the applicability of the impact
fees to a given development activity, the availability or value of a credit, or the director's
decision with respect to the independent fee calculation, or any other determination which
the director is authorized to make pursuant to this chapter, can be appealed to the hearing
examiner.
C. Appeals shall be taken within 10 days of the director's issuance of a written
determination by filing with the office of the hearing examiner a notice of appeal specifying
the grounds thereof and depositing the necessary fee, which is set forth in the existing fee
schedules for appeals of administrative decisions. The director shall transmit to the office of
the hearing examiner all papers constituting the record for the determination, including,
where appropriate, the independent fee calculation.
D. The hearing examiner shall fix a time for the hearing of the appeal, give notice
to the parties in interest, and decide the same as provided in Chapter 18.66 ACC. At the
hearing, any party may appear in person or by agent or attorney.
E. The hearing examiner is authorized to make findings of fact regarding the
applicability of the impact fees to a given development activity, the availability or amount of
the credit, or the accuracy or applicability of an independent fee calculation. The decision of
the hearing examiner shall be final, except as provided in subsection (G) of this section.
F. The hearing examiner may, so long as such action is in conformance with the
provisions of this chapter, reverse or affirm, in whole or in part, or may modify the
determinations of the director with respect to the amount of the impact fees imposed or the
credit awarded upon a determination that it is proper to do so based on principles of
fairness, and may make such order, requirements, decision or determination as ought to be
made, and to that end shall have the powers which have been granted to the director by this
chapter.
G. Any feepayer aggrieved by any decision of the office of the hearing examiner
may appeal the hearing examiner's final decision as provided in Chapter 18.66 ACC.
19.08.080 Establishment of impact fee account for parks and recreation.
A. Impact fee receipts shall be earmarked specifically and deposited in special
interest-bearing accounts. The fees received shall be prudently invested in a manner
consistent with the investment policies of the city.
B. There is hereby established a separate impact fee account for the fees
collected pursuant to this chapter: the parks and recreation facilities impact fee account.
Funds withdrawn from these accounts must be used in accordance with the provisions of
ACC 19.08.110. Interest earned on the fees shall be retained in the account and expended
for the purposes for which the impact fees were collected.
C. On an annual basis, the financial director shall provide a report to the council
on the parks and recreation impact fee account showing the source and amount of all
Ordinance No. 6063
November 9, 2006
Page 7
moneys collected, earned, or received, and the parks and recreation system improvements
that were financed in whole or in part by impact fees.
D. Impact fees shall be expended or encumbered within six years of receipt,
unless the council identifies in written findings an extraordinary and compelling reason or
reasons for the delay.
19.08.090 Refunds.
A. If the city fails to expend or encumber the impact fees within six years of when
the fees were paid or, where extraordinary or compelling reasons exist, such other time
periods as established pursuant to ACC 19.08.090, the current owner of the property on
which impact fees have been paid may receive a refund of such fees. In determining
whether impact fees have been expended or encumbered, impact fees shall be considered
expended or encumbered on a first-in, first-out basis.
B. The city shall notify potential claimants by first class mail deposited with the
United States Postal Service at the last known address of such claimants. A potential
claimant or claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must submit a written request for a
refund of the fees to the director within one year of the date the right to claim the refund
arises or the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been made within
this one-year period shall be retained by the city and expended on the appropriate parks and
recreation facilities.
E. Refunds of impact fees under this section shall include any interest earned on
the impact fees by the city.
F. If and when the city seeks to terminate any or all components of the parks and
recreation impact fee program, all unexpended or unencumbered funds from any terminated
component or components, including interest earned, shall be refunded pursuant to this
section. Upon the finding that any or all fee requirements are to be terminated, the city shall
place notice of such termination and the availability of refunds in a newspaper of general
circulation at least two times and shall notify all potential claimants by first class mail to the
last known address of the claimants. All funds available for refund shall be retained for a
period of one year. At the end of one year, any remaining funds shall be retained by the city,
but must be expended for the appropriate parks and recreation facilities. This notice
requirement shall not apply if there are no unexpended or unencumbered balances within
an account or accounts being terminated.
G. The city shall also refund to the developer of property for which impact fees have
been paid all impact fees paid, including interest earned on the impact fees, if the
development activity for which the impact fees were imposed did not occur.
19.08.100 Use of funds.
A. Pursuant to this chapter, impact fees:
1. Shall be used for parks and recreation system improvements that will
reasonably benefit the new development; and
2. Shall not be imposed to make up
facilities serving existing developments; and
for deficiencies in parks and recreation
Ordinance No. 6063
November 9, 2006
Page 8
3. Shall not be used for maintenance or operations.
B. As a general guideline, parks and recreation impact fees may be used for any
parks and recreation system improvements which could otherwise be funded by a bond
issue of the city.
C. Parks and recreation facilities impact fees may be spent for parks and
recreation system improvements, including but not limited to neighborhood and community
parks, recreational trails, athletic fields, swimming pools, and community centers, including
planning, land acquisition, site improvements, necessary off-site improvements including
mitigation, construction, engineering, architectural, permitting, financing, and administrative
expenses, applicable impact fees or mitigation costs, and any other expenses which can be
capitalized.
D. In the event that bonds or similar debt instruments are or have been issued for
the advanced provision of parks and recreation system improvements for which impact fees
may be expended, impact fees may be used to pay debt service on such bonds or similar
debt instruments to the extent that the facilities or improvements provided are consistent
with the requirements of this section and are used to serve the new development.
19.08.110 Review and update of impact fees.
A. The fee rate schedules set forth in the fee schedule of the city of Auburn shall
be reviewed by the council no later than two years after the effective date of the attached fee
rate schedule, and no more than every two years thereafter.
B. The fee schedules set forth in the fee schedule of the city of Auburn shall be
reviewed by the council as it may deem necessary and appropriate in conjunction with the
annual update of the capital facilities plan element of the city's comprehensive plan.
19.08.120 Miscellaneous provisions.
A. Existing Authority Unimpaired. Nothing in this chapter shall preclude the city
from requiring the feepayer or the proponent of a development activity to mitigate adverse
environmental impacts of a specific development pursuant to the State Environmental Policy
Act, Chapter 43.21 C RCW, based on the environmental documents accompanying the
underlying development approval process, and/or Chapter 58.17 RCW, governing plats and
subdivisions; provided, that the exercise of this authority is consistent with the provisions of
RCW 82.02.050(1)(c).
B. Captions. The chapter and section captions used in this chapter are for
convenience only and shall not control or affect the meaning or construction of any of the
provisions of this chapter.
C. Severability. If any portion of this chapter is found to be invalid or
unenforceable for any reason, such finding shall not affect the validity or enforceability of any
other section of this chapter.
D. Short Title. This chapter shall be known and may be cited as the "The City of
Auburn Parks and Recreation Impact Fee Ordinance."
SECTION TWO IMPACT FEE IN CITY FEE SCHEDULE. The City of Auburn
Parks Impact Fee, as set forth below, shall be listed in the City of Auburn Fee Schedule, and
the Fee Schedule is amended accordingly.
Ordinance No. 6063
November 9, 2006
Page 9
A park impact fee shall be assessed against all new residential development in the
amount of $3,500.00 per residential dwelling unit.
SECTION THREE IMPLEMENTATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the directives
of this legislation.
SECTION FOUR
CONSTITUTIONALITY OR INVALIDITY. If any section,
subsection, clause, phrase, or sentence of this Ordinance is for any reason held to be invalid
or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this
ordinance, as it is being hereby expressly declared that this ordinance and each section,
subsection, clause, phrase, or sentence, hereof would have been prepared, proposed,
adopted, and approved and ratified irrespective of the fact that any one or more section,
subsection, clause, phrase, or sentence, be declared invalid or unconstitutional.
SECTION FIVE
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,
and on January 1, 2007.
INTRODUCED: DEC - 4 .2006
PASSED: .DEC - 4 2006
APPROVED: DEC - 4 2006
ATTEST:
Published: ~.~- ~'~~~~
Peter B. Lewis
Mayor
Ordinance No. 6063
November 9, 2006
Page 10
l 11,
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Da 'elle E. Daskam, City Clerk