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BURN
WASHINGTON
Memorandum
TO: Councilmember Lynn Norman, Chair, Planning & Community Development Committee
Councilmember Nancy Backus, Vice-Chair, Planning & Community Development Committee
Councilmember John Partridge, Planning & Community Development Committee
CC: Mayor Pete Lewis
FROM: Kevin Snyder, AICP, Director, Planning & Development Department
DATE: January 6, 2011
SUBJECT: DISCUSSION & INFORMATION: Ordinance No. 6341 - Fee Deferrals
At the Committee's December 13, 2010 meeting the Committee discussed draft Ordinance No. 6341 (see
attached) and heard back on the ordinance from representatives from the Federal Way and Kent School
Districts and the Seattle-King County Association of Realtors. This Ordinance would allow the voluntary
deferral of the payment of water, sanitary sewer and storm drainage system development charges and fire
impact fees, park impact fees, school impact fees and transportation impact fees. Please note that an applicant
could always choose to pay these fees at time of building permit issuance. As proposed this deferral would be
applicable to single-family residential development, multi-family residential development, commercial retail and
office development, light and heavy manufacturing and institutional uses, but would not be applicable to
distribution and warehousing development. Staff is recommending that this ordinance be effective for a period
of two years from ordinance passage. This timeframe will allow the City Council and staff to evaluate the
effectiveness, economic development impacts and overall operation of the fee deferral opportunities. At the
end of the two year period, the City Council could elect to continue a portion or all of the fee deferral
opportunities.
During the Committee's discussion, the Committee discussed issues and concerns for failure to pay the
required fees. Staff has previously built language into the draft ordinance to address this concern. Subsequent
to the meeting, staff has developed additional language pertaining to failure to pay as a misdemeanor action
subject to fining or jail or both. This new language is signified in the ordinance by NEW.
Following the economic downtown in 2009, several cities and counties in the Puget Sound have passed
ordinances authorizing the deferral of the payment of residential oriented impact fees and/or system
development charges to later in the development process rather than payment of time of building permit
issuance. These communities have included the Cities of Federal Way, Kent, Kirkland Sammamish and
Snohomish County. The Cities of Renton and Maple Valley are currently evaluating the potential of fee
deferrals and may take action at the end of the year or early in 2011. Staff has also identified that other
communities in other parts of the state are currently evaluating the potential implementation of fee deferral
opportunities. At the request of Mayor Lewis, staff evaluated the potential applicability of fee deferrals in the
City of Auburn.
Similar to other communities, the City of Auburn has been impacted by the national economic downturn that
has impacted the local economy. These impacts have included a diminishing number of residential units being
built, a diminishing number of new non-residential projects being built and diminishing occurrences of
expansions of existing non-residential development. These impacts adversely impact the City's residential and
non-residential development inventory, employment opportunities and revenue for the provision of government
services. As the Planning and Community Development Committee is aware, the City has very few incentive
tools in economic development toolbox. The deferral of impact fees and system development charges is one of
these tools that can effectively assist owners, developers and builders in this difficult economic climate where
financial lending institutions have increased their lending standards that make the payment of some of these
fees at time of permit issuance more difficult to finance now than just a few years ago.
Staff recommends that that fee deferral opportunities in the City of Auburn be applied to both residential and
non-residential development as identified above. This broader application than some other communities have
taken is a positive economic development action that will distinguish the City of Auburn in the highly
competitive regional marketplace and be an effective community marketing tool.
ORDINANCE NO. 6 3 4 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTERS
13.41, 19.02, 19.04, 19.06 AND 19.08 OF THE AUBURN
CITY CODE
WHEREAS, RCW 82.02 authorizes the City Council to establish and implement
impact fees for parks, transportation, school and fire
bears a proportionate share of the cost of capital
demands for park, transportation, schools and fire serv
and development.; and
WHEREAS, the City Council has previ
that it is reasonable and in the
e that new development
itures necessary to meet the
with new growth
ined through ordinance action
and impose a utility systems
re of the costs of providing
or revised uses of existing
s utility for the cost of construction of
drainage facilities from those
ment and use create direct or indirect needs for
in the local economy, a
ential units are being built, a diminishing number of new
non-residential projects are being built and a diminishing number of expansions of
existing non-residential development are occurring, all of which adversely impact the
City's residential and non-residential development inventory, employment opportunities
and revenue for government services; and,
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 1 of 64
WHEREAS, unless the City acts, the residential and non-residential markets
within the City may continue to languish and adverse consequences of decreased
revenues, limited residential and non-residential permit activities, abandoned projects,
and underutilized land will occur; and,
WHEREAS, the City Council finds that a need exists to amend certain chapters
of the Auburn City Code to provide more flexibility to applicants for residential and non-
residential development on the timing of payment of impact fees and system
development charges; and,
WHEREAS, the ordinance am
exempt from State Environmental Policy Act (
WHEREAS, the City Coun
City Code to be consistent with and
Plan; and,
le
ds that it is in the interest of the public
health, safes
development
NOW,
and welfare
WASHINGTON, DO
pt this ord
intent of the City's Comprehensive
to promote continued economic
E CITY COUNCIL OF THE CITY OF AUBURN,
follows..
Section 1. Amendment to City Code. That Chapter 13.41 of the Auburn City
Code, entitled `Utility Systems Development Charge,' regarding the imposition of utility
systems development charges within the City of Auburn, is hereby amended to read as
follows..
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 2 of 64
WHEREAS, the Auburn C
Chapter 13.41
UTILITY SYSTEMS DEVELOPMENT CHARGE
1. Water system infrastructure including: water sources, treatment facilities,
interties, pump stations, pressure reducing stations, standby generators,
reservoirs, distribution, and transmission mains and appurtenances needed for
distribution, fire protection and pressure.
uding: lift stations, standby generators,
nances needed to collect and transport
eliminate a storm and sanitary sewer
3. Sto
gene
improvements ar
storm drainage, E
storm and surfac
disposal facilities.
B. "Impervious surface," for the purpose of calculating a system development charge
and only as it pertains to this chapter, means a hard surface area that prevents the
entry of water into the soil mantle. Common impervious surfaces include, but are not
limited to, roof tops, walkways, patios, concrete or asphalt paving. Open, uncovered,
retention/detention facilities shall not be considered as impervious surfaces for the
purpose of SDC fee calculation.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 3 of 64
2. Sanitary sewer system infrastructure it
force mains, conveyance lines and appur
C. "Utility systems development charge" is a charge imposed on new customers, or
existing customers revising use of their property, in recognition of the previous
investment of the city and its customers in the utility systems. (Ord. 6283 § 2, 2009;
Ord. 5801 § 17 2003; Ord. 4830 § 17 1996; Ord. 4479 § 27 1990; Ord. 3510 § 27 1980.)
2, 1990; Ord. 3510 § 1, 1980.)
except those
set forth on th
B. The utility systems development charge as set forth in the city fee schedule will be
computed to consider the future and/or current value of the utility system's fixed assets,
excluding contributions by developers, and outstanding bonded indebtedness, and will
also consider an appropriate service unit.
C. The utility systems development charge imposed shall be reviewed annually by the
city council and the charges may be revised to reflect changes in utility asset value,
depreciation of the utility system fixed assets, bonded indebtedness, and the number of
ERU, RCE or ESU customers served. (Ord. 5819 § 4, 2004; Ord. 5801 § 1, 2003; Ord.
5709 § 17 2002; Ord. 5619 § 27 2001; Ord. 5125 § 2, 1998; Ord. 4830 § 17 1996; Ord.
4479 §27 1990; Ord. 3510 § 17 1980.)
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 4 of 64
13.41.040 Collection.
The water, sanitary sewer and storm drainage utilities systems development charges
are immediately due and payable upon obtaining a permit for connection to the city
utility. Systems development charges for parcels that will utilize infiltration for storm
water disposal are immediately due and payable upon obtaining a building permit to
develop the parcel. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990;
Ord. 3610 § 27 1981; Ord. 3510 § 47 1980.)
For residential development
, during the effective
period
of 2010 through
2012 and p
rior to issuance of a
permit a
pplication, the applicant may
elect to record a covenant a
gainst title to the prop
erty on
forms prepared and provided
by the City that requires
payment of water,
sanitary
sewer and storm drainage
development charges due
and owing, less any
credit
s awarded, by providing for
automatic aavment throuah escrow of these devel
opment
charaes due and owina to be
shall not alter the applicability of this section. Failure to pay at time of closing shall result
in a lien action on the affected property by the Citv of Auburn. shall immediatelv
until such time that all outstanding water, sanitary sewer and storm drainage
development charaes are paid in full.
occupancv or at time or connection to the city s water. sewer or storm arainaae
systems, whichever comes first. Failure to pay at time of certificate of occupancy shall
constitute a breach of contract subject to legal action by the City, shall immediately
suspend any and all permits previously issued associated with the current development
action and shall limit the granting of any future permits until such time that all
outstandina water. sanitarv sewer and storm drainaae development charaes are paid in
full
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 5 of 64
In all instances described herein, failure to pay the regujred aforementioned fees is a
misdemeanor punishable by a fine of up to $1.000 or by a mail sentence of up to 90
days, or by a combination of said fine and jail sentence. The mayor or designated city
official is entitled to use any methods or processes available under the law to enforce
the requirements hereof. (NEW)
13.41.070 Appeals.
Appeals of the publ
shall be filed with thi
tor's determinations made pursuant to this chapter
department and shall be heard by the city's hearing
13.41.080 Scope.
The utility systems development charge provided for in this chapter is separate from
and in addition to any applicable tax, assessment charge, or other fee otherwise
provided by law. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4493 § 2, 1991; Ord.
3510 § 87 1980.)
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 6 of 64
Section 2. Amendment to City Code. That Chapter 19.02 of the Auburn City
Code, entitled `School Impact Fees,' regarding the imposition of school impact fees
within the City of Auburn, is hereby amended to read as follows:
Chapter 19.02
SCHOOL IMPACT FEES
Sections:
19.02.010
19.02.020
19.02.030
19.02.040
19.02.050
19.02.060
19.02.070
19.02.080
19.02.090
19.02.100
19.02.110
19.02.115
19.02.120
19.02.130
19.02.140
on an
he impact fee;
e city and disti
ilities plan and
19.02.010 Purpose.
The city council hereby finds and determines that continuing growth and development in
19.02.020 Definitions.
For purposes of this chapter, the following terms shall have the indicated meanings:
A. "Capacity" means the number of students the district's facilities can accommodate
district-wide, based on the district's standard of service, as determined by the district.
Purpose.
Definitions.
Determination of the amoun
Interlocal agreement betweE
Submission of district capita
Annual council review.
Fee collection.
Exemptions.
Adjustments, exceptions an,
Impact fee accounts and ref
Impact fee formula.
Impact fee calculation and s
Impact fee calculation and s
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 7 of 64
B. "Capital facilities plan" means the district's facilities plan adopted by the school board
consisting of:
1. A forecast of future needs for school facilities based on the district's enrollment
projections;
2. An identification of additional demands placed on existing public facilities by new
development;
3. The long-range construction and capital improvement projects of the district;
4. The schools under construction or expansion;
5. The proposed locations and capacities of expanded or new school facilities;
6. An inventory of existing school facilities, including permanent, transitional and
relocatable facilities;
At least a six-year finan
least a six-year forecast p
projected funding levels, a
including bond issues authc
8. An identifica
populations and
a reaso
9. Any
C. "Capital impro
structures (inclu(
initial furnishings
useful life of at
school facilities serving the student
ng deficiencies will be eliminated within
the district.
ment" means land, improvements to land, structures and relocatable
g site planning, acquisition, design, permitting and construction),
end selected equipment. Capital improvements have an expected
past 10 years. Other capital costs, such as motor vehicles and
motorized equipment, computers and office equipment, office furnishings, and small
tools are considered to be minor capital expenses and are not considered capital
improvements.
D. "City" means the city of Auburn.
E. "Classrooms" means educational facilities of the district required to house students
for its basic educational program. The classrooms are those facilities the district
determines are necessary to best serve its student population. Specialized facilities as
ponent, updated as necessary to maintain at
financing needed for school facilities within
'ying sources of financing for such purposes,
the voters;
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 8 of 64
identified by the district, including but not limited to gymnasiums, cafeterias, libraries,
administrative offices, and child care centers, shall not be counted as classrooms.
F. "Construction cost per student" means the estimated cost of construction of a
permanent school facility in the district for the grade span of school to be provided, as a
function of the district's design standard per grade span.
G. "Design standard" means the space required, by grade span and taking into account
the requirements of students with special needs, that is needed in order to fulfill the
educational goals of the district as identified in the district's capital facilities plan.
J. "District" means the Auburn,
successor entities.
K. "Elderly" means
L. "Encumbered" m
pay for commitme
facilities as set out
M. "Grade span" means
students; e.g., elementary,
opted capital facilities plan.
ategories into which the district groups its grade of
le or junior high school, and high school.
N. "Impact fee" means a payment of money imposed upon development as a condition
of development approval to pay for school facilities needed to serve new growth and
development that is reasonably related to the new development that creates additional
demand and need for public facilities, that is a proportionate share of the cost of the
school facilities, and that is used for such facilities that reasonably benefit the new
development. "Impact fee" does not include a reasonable permit or application fee.
0. "Impact fee schedule" means the impact fees to be charged per dwelling unit of
development that shall be paid as a condition of residential development within the city.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 9 of 64
P. "Interlocal agreement" means the agreement between the district and the city
governing the operation of the school impact fee program and describing the
relationship, duties and liabilities of the parties.
Q. "Net fee obligation" means the maximum impact fee obligation that may be assessed
as determined in the school district capital facilities plan. The net fee obligation is based
on a formula that takes into consideration factors such as site acquisition costs,
permanent and temporary facilities construction costs, state match credits, tax credits,
developer-provided facility credits (if applicable) and a local share discount factor.
R. "Permanent facilities" means facilities of the district with a fixed foundation which are
not relocatable facilities.
S. "Relocatable facilities" means any stri
that is intended to be used as an educai
within the district, to provide specialized
that families move into new residential d
completed on permanent school facilities.
T. "Relocatable facilities cost per
siting a relocatable facility in the d
as a function of the district's desiar
U. "Site cost per
span of the schi
grade span.
V. "Sta
program year, the class s
students with special nee(
believes will best serve i
district. The district's star
classrooms housed in rel
any other specialized facil
the
in one or more sections,
e needs of service areas
between the time
at construction is
ated cost of purchasing and
of the school to be provided
cost of a site in the district for the grade
)n of the district's design standards per
housed in relocatable facilities.
W. "Student factor" means the number derived by the district to describe how many
students of each grade span are expected to be generated by a dwelling unit. Student
factors shall be based on district records of average actual student-generated rates for
comparable developments constructed over a period of not more than five years prior to
the date of the fee calculation; provided, that if such information is not available in the
district, data from adjacent districts, or districts with similar demographics or county-
wide averages may be used. Student factors must be updated on an annual basis and
space to meet t
ities, or to cover
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 10 of 64
separately determined for single-family and multifamily dwelling units and for grade
spans.
X. "Transitional facilities" means those school facilities that are being used pending the
construction of permanent facilities; provided, that the necessary financial commitments
are in place to construct the permanent facilities. (Ord. 5950 § 17 2005; Ord. 5078 § 17
1998.)
as an impact fee
school district has
incorporated into the city's
hat schedule shall continue in
dopting by reference the fee
y formulas or methodologies
used to arrive at the
B. If residential
Auburn, and a
another legislai
district has ado
comprehensive
effect on an in
amounts that have beE
formulas or methodolog
C. Any impact fee imposed shall be reasonably related to the impact caused by the
development and shall not exceed a proportionate share of the cost of system
improvements that are reasonably related to the new development. The impact fee
formula shall take into account the future revenues the district will receive from the
development, along with system costs related serving the new development.
D. The impact fee shall be based on a capital facilities plan adopted by the district and
incorporated by reference by the city as part of the capital facilities element of the city's
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 11 of 64
comprehensive plan, adopted pursuant to Chapter 36.70A RCW, for the purpose of
establishing the fee program.
E. Separate fees shall be calculated for single-family and multifamily types of dwelling
units, and separate student generation rates must be determined by the district for each
type of dwelling unit. For the purpose of this chapter, mobile homes shall be treated as
single-family dwellings, and duplexes and attached single-family dwellings shall be
treated as multifamily dwellings.
F. The fee shall be calculated on a district-wide basis using the appropriate factors and
data to be supplied by the district. The fee calculations shall also be made on a district-
wide basis to assure maximum utilization of all available school facilities in the district
which meet district standards.
ment between the city and district.
authorization and adoption of a scl
district shall enter into an interlocal
impact fee program, and describ
19.02.050 Submission of district capital facilities plan and data.
A. On an annual basis (by July 1st or on a date agreed to by district and the city and
stipulated in the interlocal agreement) any district for which the city is collecting impact
fees shall submit the following materials to the city council:
1. The district's capital facilities plan (as defined herein) as adopted by the school
board;
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 12 of 64
2. The district's enrollment projections over the next six years, its current
enrollment and the district's enrollment projections and actual enrollment from the
previous year;
3. The district's adopted standard of service;
4. The district's overall capacity over the next six years, which shall take into
account the available capacity from school facilities planned by the district but not
yet built and be a function of the district's standard of service as measured by the
number of students which can be housed in district facilities; and
5. An inventory of the district's existing faciliti
B. To the
existing facilities, the district's capital facilii
other than impact fees for building or ac
existing student population in order to eli
period of time.
C. Facilities to meet future deman
service. If sufficient funding is n
facilities plan which m
plan should document
that the district plans t
D. The di
improve
E. In its dev
district shall
the following
es a deficiency in its
the sources of funding
facilities to serve the
s within a reasonable
showing the capital
Ian component of its capital facilities plan, the
and shall demonstrate its best efforts by taking
1. Establish a six-year financing plan, and propose the necessary bond issues,
levies, and/or financing measures required by and consistent with that plan and as
approved by the school board consistent with state law; and
2. Where applicable, apply to the state for funding, and comply with the state
requirements for eligibility to the best of the district's ability. (Ord. 5078 § 1, 1998.)
19.02.060 Annual council review.
On at least an annual basis, the city council shall review the information submitted by
the district pursuant to ACC 19.02.050. The review shall be in conjunction with any
update of the capital facilities plan element of the city's comprehensive plan. The city
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 13 of 64
council may also at this time determine if an adjustment to the amount of the impact
fees is necessary; provided, that any school impact fee adjustment that would increase
the school impact fee shall require the submittal of a written request for the adjustment
by the applicable school district concurrent with the submittal of the annual capital
facilities plan pursuant to ACC 19.02.050. In making its decision to adjust impact fees,
the city council will take into consideration the quality and completeness of the
information provided in the applicable school district capital facilities plan and may
decide to enact a fee less than the amount supported by the capital facilities plan. (Ord.
5950 § 17 2005; Ord. 5078 § 17 1998.)
pact fee schedule, at the time
The school impact fee shall
the applicable school district.
ity and maintained in
>trict from the school
s associated with the
A. Impact fees shall be imposed
the issuance of a building permi
and collected by the
issuance of a reside
mobile home located
fee has
the bou
city of P
B. Applicants for
manufactured/mobil
fees assessed befo
in effect
the fee.
and multifamily residential building permits and for
Iding permits shall pay the total amount of the impact
ig permit is issued, using the impact fee schedules then
ufactured/mobile home park shall be responsible to pay
C. The city shall not issue the required building permit or manufactured/mobile home
building permit unless and until the impact fees set forth in the impact fee schedule
have been paid.
D. The city will impose an application fee, as provided for in the city's adopted fee
schedule, per dwelling unit which is subject to and not otherwise exempt from this
chapter to cover the reasonable cost of administration of the impact fee program. The
fee is not refundable and is collected from the applicant of the development activity
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 14 of 64
permit at the time of permit issuance. (Ord. 6077 § 2, 2007; Ord. 5261 § 1 (Exh. A),
1999; Ord. 5078 § 17 1998.)
E. For complete single-family building permit applications, during the effective period of
during the effective period of 2011G through 20132==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 school impact fees due and owing by providing for automatic
aavment throuah escrow of these school impact fees due and owina to be aaid at time
any permits previously issued for the lot or unit associated with the current development
action and shall limit the arantina of anv future aermits for the lot or unit until such time
F. For complete multi-familv buildina aermit
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 15 of 64
durina the effective aeriod of
G. In all instances described herein, failure to pay the required-aforementioned fees is a
misdemeanor punishable by a fine of up to $1.000 or by a mail sentence of up to 90
days, or by a combination of said fine and jail sentence. The mayor or designated city
official is entitled to use any methods or processes available under the law to enforce
the requirements hereof. (NEW)
19.02.080 Exemptions.
The following development activities are exempt from the requirements of this chapter:
A. Reconstruction, remodeling or construction
including nursing homes, retirement centers, ass
housing projects for persons age 55 and over,
recorded declaration of restrictions Drecludina
B. Rebuilding of lega
explosion, act of natt
takes place within a
units are created.
C. Alter,
family c
created.
as residents of
,stroyed or damaged by fire, flood,
ihe; provided, that such rebuilding
on and that no additional dwelling
or rebuilding of existing single-
io additional dwelling units are
D. Condominium projects in which existing dwelling units are converted into
condominium ownership and where no new dwelling units are created.
E. Any development activity that is exempt from the payment of an impact fee pursuant
to RCW 82.02.100.
F. Any development activity for which school impacts have been mitigated pursuant to a
condition of a plat, PUD or similar approval to pay fees, dedicate land or construct or
improve school facilities, unless the condition of the plat or PUD approval provides
otherwise. The condition of the plat, PUD or similar approval must also predate the
effective date of fee imposition by the city or its predecessor in interest as provided
herein and/or was actually imposed by the city or its predecessor in interest, specifically
of ho
ng projects for the elderly,
rig facilities or other types of
lave recorded covenants or
ch recorded
t the exemptic
declaration of
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 16 of 64
as a mitigation for impacts addressed in this chapter. Proof must also be submitted to
the city that the required mitigation has been tendered for the development activity
which would otherwise be subject to this chapter.
H. The replacement of a mobile home wi
mobile home park. (Ord. 5261 § 1 (Exh. B),
ne within an existing
998.)
e impact fee with the approval of
anable to use or will not need the
urity, as defined by the district, is
:o and held by the district, which
curitv interest.
B. The fee amount e
eligible payment pre,
as a condition of aaD
ry agreement.
D. The standard impact fees may be adjusted by the planning director, if one of the
following circumstances exist:
1. The developer demonstrates that an impact fee assessment was improperly
calculated; or
e shall be reduced by the amount of any
►r development activity in question, either
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 17 of 64
2. Unusual circumstances identified by the developer demonstrate that if the
standard impact fee amount was applied to the development, it would be unfair or
unjust taking into account the purposes and intent of this chapter and Chapter
82.02 RCW.
E. In cases where a developer requests a fee calculation adjustment, exception or a
credit pursuant to subsection (C) of this section, the planning director shall consult with
the district and the district shall advise the planning director prior to the planning director
making the final impact fee determination.
F. A developer may provide, and the planning director shall review, studies and data as
a part of a request for a fee calculation adjustment, exception, or credit.
H. Impact fees may be
development activity.
applicant's obligation t
all applicable time limit
19.02.100 It
A. Impact fE
bearing acc
interest sha
i a permit or other approval of
rotest shall not excuse the
remedies and to comply with
ed specifically and retained in a special interest-
rict solely for the district's school impact fees. All
t and expended for the purposes or purposes for
which impact fees were imposed. Annually, the district, based in part on its report
prepared pursuant to ACC 19.02.050, shall prepare a report on the impact fee account
showing the source and amount of all moneys collected, earned or received, and capital
or system improvements for which impact fees were used. The district shall submit a
copy of this report to the city. The city finance director shall maintain separate school
impact fee and administration fee accounts pursuant to ACC 19.02.070, and shall
prepare, for the city council, a report on the source and amount of all school impact fees
collected and transferred to the district.
B. Impact fees for the district's capital improvements shall be expended by the district
only in conformance with the capital facilities plan element of the city's comprehensive
plan.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 18 of 64
C. Impact fees shall be expended or encumbered by the district for a permissible use
within six years of receipt by the district, unless there exists an extraordinary or
compelling reason for fees to be held longer than six years. Such extraordinary or
compelling reasons shall be identified to the city by the district in a written report. In any
decision approving such an extension, the city council shall identify the district's
extraordinary and compelling reasons for the fees to be held longer than six years in the
written findings. Provided that any party that voluntarily elects to use the alternative fee
payment method specified in Section 19.02.070 shall sign as a condition of use of the
the City to recovery of school impact fees not spent with the statutory six-year
timeframe.
ntial claimants by first-class mail deposited
3ed to the current owner of the property as
E. An owner's request for a refund mus-
year of the date the right to claim the
whichever date is later. Anv impact fee
district in
for which
retained <
fees shall
wi
)Iication for a refund has been made within this one-year period, shall be
pended consistent with the provisions of this section. Refunds of impact
e any interest earned on the impact fees.
F. Should the city seek to terminate any or all school impact fee requirements, all
unexpended or unencumbered funds, including interest earned, shall be refunded to the
current owner of the property for which a school impact fee was paid. Upon the findings
that any or all fee requirements are to be terminated, the city shall place notice of such
termination and the availability of the refunds in a newspaper of general circulation at
least two times and shall notify all potential claimants by first-class mail addressed to
the owner of the property as shown in the county tax records. 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 district, but must be expended by the district, consistent
with the provisions of this section. The notice requirement set forth above shall not
apply if there are no unexpended or unencumbered balances within the account or
accounts being terminated.
Ordinance No. 6341
January 6. 2011 aeam_oF
Page 19 of 64
G. A developer may request and shall receive a refund, including interest earned on the
impact fees, when:
1. The developer does not proceed to finalize the development activity as required
by statute or city provisions including the Uniform Building Code; and
uired by this section shall be
the district on invested funds
rd. 5078 § 1, 1998.)
the costs of auk
to be funded L
Separate fees
because of the
(student factor)
be based upon the formula set forth
the appropriate proportionate share of
I to serve new growth and development
the factors defined in ACC 19.02.020.
for single-family and multifamily dwelling units
school facilities. Separate student generation rates
by the district for each type of dwelling unit.
Given the following variables:
A = Full cost fee for site acquisition costs = Al + A2 + A3
Al = Elementary school site cost per student x the student factor
A2 = Middle school site cost per student x the student factor
A3 = High school site cost per student x the student factor
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 20 of 64
B = Full cost fee for school construction = B1 + B2 + B3
B1 = Elementary school construction cost per student x the student factor
B2 = Middle school construction cost per student x the student factor
B3 = High school construction cost per student x the student factor
C = Full cost fee for temporary facilities maintenance = C1 + C2 + C3
C1 = Elementary school temporary facility cost per student x the student factor
C2 = Middle school temporary facility cost per student x the student factor
C3 = High school temporary facility cost per student x the student factor
D = State match credit = D1 + D2 + D3
D1 = Boeckh Index x SPI square footage per student for elementary school x state
match % x student factor
D2 = Boeckh Index x SPI square footage per student for middle school x state match %
x student factor
D3 = Boeckh Index x SPI square footage per student for high school x state match % x
student factor
TC = Tax payment credit = the net present value of the average assessed value for
the dwelling unit type in the school district, <(1+I)n>-1
1(1=1)n x the current school district capital property tax levy rate, 1(1+I)n, where I = the
current interest rate for outstanding bond issues
n = the number of years left before the bond or capital levy is retired, up to a maximum
of 10 years
FC = Facilities credit = the per dwelling unit value of any site or facilities provided
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 21 of 64
directly by the
development subject to ACC 19.02.090
FC = Value of fee payer's contribution
Number of dwelling units in the development
(Then the unfunded need (UN):
UN=A+B+C-D-TC
The Fee Obligation:
Total Unfunded Need x 50% = Fee Calculation
Where, in addition to the definit
A. "Boeckh Index" means the
under WAC 180-27-060.
B. "SPI square footage per
determined by WAC 180-27-0
,,ans the ca
PI square foi
able student
school construction determined
,e allocations per grade span
ion set forth in Attachment A of the
per student per grade span times state
r.
means the percentage of school construction costs for
aceive state funding pursuant to RCW 18A.525.166 and
Education.
E. "Tax payment credit" or "TC" means the calculation in the formula of the district's
average real property tax-determined value for single-family dwelling units or multifamily
dwelling units times the district's capital property tax rate as adjusted by the current
interest rate for any bonds being retired by a capital tax and the number of years each
capital levy tax shall be imposed up to 10 years. The district's capital tax rate consists of
authorized tax levies to retire bonded indebtedness incurred for school district capital
purposes under Chapter 28A.530 RCW and school facility levies for construction,
remodeling, and modernization under RCW 84.52.053. (Ord. 5950 § 1, 2005; Ord. 5096
§ 1, 1998.)
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 22 of 64
19.02.115 Impact fee calculation and schedule for the Dieringer School District.
The impact fee calculation and schedule below is based upon a review of the impact fee
calculation for single-family residences and for multifamily residences set forth in the
most recent version of the Dieringer School District Capital Facilities Plan adopted by
the Auburn city council as an element of the Auburn comprehensive plan. The
calculation is the determination of the appropriate proportionate share of the costs of
public school capital facilities needed to serve new growth and development to be
funded by school impact fees based on the factors defined in ACC 19.02.020.
19.02.130 Impact fee calculation and schedule for the Kent School District.
The impact fee calculation and schedule is based upon a review of the impact fee and
calculation for single-family residences and for multifamily residences set forth in the
most recent version of the Kent School District's Capital Facilities Plan adopted by the
Auburn city council as an element of the Auburn comprehensive plan. The calculation is
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 23 of 64
the determination of the appropriate proportionate share of the costs of public school
capital facilities needed to serve new growth and development to be funded by school
impact fees based on the factors defined in ACC 19.02.020.
Effective January 1, 2010, the school impact fee shall be as follows:
Per Single-Family Dwelling $5,394.00
Unit
Per Multifamily Dwelling Unit $3,322.00
(Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3, 2007; Ord. 6060 § 3, 2006;
Ord. 5950 § 17 2005; Ord. 5233 § 17 1999.)
funded by school impact fees based o
Effective January 1,
follows:
Per Single-Family Dwelling $3,832.00
Unit
Per Multifamily Dwelling Unit $2,114.00
Code, entitled `Transportation Impact Fees,' regarding the imposition of transportation
impact fees within the City of Auburn, is hereby amended to read as follows:
Chapter 19.04
TRANSPORTATION IMPACT FEES'
Sections:
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 24 of 64
19.04.010
Findings and authority.
19.04.020
Definitions.
19.04.030
Reserved.
19.04.040
Assessment of impact fees.
19.04.050
Independent fee calculations.
19.04.060
Credits and adjustments.
19.04.070
Exemptions.
19.04.080
Appeals.
19.04.090
Establishment of an impact fee account for transportation.
19.04.100
Refunds.
y finds and determines that new
~w residential, commercial, retail,
rn will create additional demand
conducted extensive st
new developments on
rates as established in
Chapter 82.02 RCW,
tran
order to carr
fee program.
19.04.020 Definitions.
The following words ai
this chapter, unless the
herein shall be defined
meaning.
shall have the following meanings for the purposes of
clearly requires otherwise. Terms otherwise not defined
to RCW 82.02.090, or given their usual and customary
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. In the case of increased impacts
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 25 of 64
19.04.110 Use of funds.
19.04.120 Review and update of impact fees.
19.04.130 Miscellaneous provisions.
on transportation facilities caused by a change in use or occupancy of an existing
building or structure, and where no building permit is required, the term "building permit"
shall specifically include business registrations.
C. "Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as
amended.
D. "City" means the city of Auburn.
E. "Council" means the city council of the city of Aubu
F. "Department" means the department of public we
G. "Development activity" means any coi
or use, any change in use of a building
that creates additional demand and need
H. "Director" means the d
designee.
"Downtown plan area"
f
r
J. "Dwelling unit" me<
occupancy, consisting
living quarters for one f
of a building, structure,
anae in the use of land
public works or the director's
ilding, or portion thereof, designed for residential
more rooms which are arranged, designed or used as
l y.
K. "Encumber" means to reserve, set aside or otherwise earmark the impact fees in
order to pay for commitments, contractual obligations or other liabilities incurred for
public 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 or land use change which creates the demand for additional
n or expansion
ture, or any ch
saortation faciliti
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 26 of 64
transportation facilities, and which requires the issuance of a building permit. "Feepayer"
includes an applicant for an impact fee credit.
M. "Gross floor area (GFA)" means the total square footage of any building, structure, or
use, including accessory uses.
dwelling units.
U. "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.
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 27 of 64
V. "PM peak hour" means the hour of the highest transportation demand for the entire
Auburn transportation system which, between noon and midnight, typically occurs
between the hours of 4:00 p.m. and 6:00 p.m.
W. "Single-family dwelling" means a detached building designed exclusively for
occupancy by one family and containing one dwelling unit. A manufactured home may
be considered a one-family dwelling, if sited per Chapter 18.31 ACC.
X. "Square footage" means the square footage of the gross floor area or gross floor
leasable area of the development.
Y. "State" means the state of Washington.
nts and facilities that
elopment or users of
s. No transportation
d by the council shall
AA. "Transportation system improve
included in the city of Auburn's capital
to service areas within the commun
sportation facilities that are
e designed to provide service
rast to transportation project
uses of a property in effect on July 1,
ees ordinance, are entitled to system
ct fees rate schedule.
r and above those calculated as an impact fee.
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. Current practice is to not pay out in real
dollars the calculated surplus credit.
In off-site system capacity improvements or ROW dedication it is also possible to create
sufficient value that results in a surplus credit.
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 28 of 64
DD. "Change in use" for the purposes of this chapter means a different use as set forth
in the identification of uses for the various fees for uses in the ITE Manual.
EE. "ITE Manual" means the manual promulgated and published by the Institute of
Transportation Engineers.
GG. "Downtown catalyst accessory area" means the area defined by the boundary of
1 st Street NW to the south, "A" Street NW to the west, 2nd Street NW to the north, and
North Division Street to the east.
HH. "Emergency public interest area"
Parcel No. 0721059053, located at 901
more particularly as follows:
a defined as King County Tax
, Auburn, WA 98002, described
Lots 1, 2 and 3 of City of Auburn Sh
recorded April 20, 1999, under recordi
are,
'n lfiMRtl2
!t
W
Auburn
1 1lJflCS9~!F
r~`4oel9
N
and as shown below:
-98, according to short plat
n King County, Washington,
(Ord. 6199 § 1, 2008; Ord. 6197 § 1, 2008; Ord. 6089 § 1, 2007; Ord. 5763 § 1, 2003;
Ord. 5604 § 17 2001; Ord. 5506 § 17 2001.)
19.04.030 Reserved.
(Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 29 of 64
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.
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.
G. The department shall not issue a building permit unless and until the impact fees
have been paid or credit(s) awarded. (Ord. 6005 § 1, 2006; Ord. 5763 § 1, 2003; Ord.
5506 § 1, 2001.)
H. For complete sinale-familv buildina aermit aaalications. durina the effective aeriod of
2011Q through 20132 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 at time of closing
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 30 of 64
of the sale of the lot or unit. Failure to pay at time of closing shall result in a lien action
on the affected property by the City of Auburn, shall immediately suspend any permits
previously issued for the lot or unit associated with the current development action and
shall limit the granting of any future permits for the lot or unit until such time that all
outstanding transportation impact fees are paid in full.
1. For complete multi-family building permit applications, during the effective period of
20119 through , 20132 and prior to or at the time of
issuance of anv multi-familv residential buildina aermit for beina constructed
transportation impact fees are as
:K. For non-residentia
ment inclusive of commercial office and retail uses. I
institutional development including but not limited to public and public schools and
colleges and hospitals, during the effective period of , 20119 through
20132 and prior to the issuance of any permit application and 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, and prior to issuance of certificate of occupancy. Failure to pay at time
of certificate of occupancy shall constitute a breach of contract subject to legal action by
the City, shall immediately suspend any and all permits previously issued associated
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 31 of 64
with the current development action and shall limit the granting of any future permits
until such time that all outstandina transportation impact fees are paid in full.
K. In all instances described herein, failure to pay the required aforementioned fees is a
misdemeanor punishable by a fine of up to $1.000 or by a jail sentence of up to 90
days, or by a combination of said fine and jail sentence. The mayor or designated city
official is entitled to use any methods or processes available under the law to enforce
the requirements hereof. (NEW)
19.04.050 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories set for
schedule accurately describes or captures the impacts of the new
applicant shall conduct an independent fee calculation and the dire
alternative fees on a specific development based on those calculatior
by the city.
B. Feepayers may opt not to have th
schedule. Such feepayers shall prey
calculation for the development activ
nitted and su
trip generatio
as a
shall
rative fee shall be charged for each independent fee
deposited with the city to pay for city review of the
n submittal of the documented independent fee study.
~eview, the actual fees and expenses will be determined
adjusted to provide for a refund by the city or additional
F. While there is a presumption that the calculations set forth in the attached 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
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 32 of 64
adjust the impact fees on a case-by-case basis based on the independent fee
calculation, the specific characteristics of the development, and/or principles of fairness.
G. 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 19.04.080.
(Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.060 Credits and adjustments.
A. A feepayer can request that a credit or credits for transportation impact fees be
awarded to him/her for transportation project improvements provided by the feepayer in
excess of the standard requirements for the feepayer's development if the land,
ified as transportation system
in the capital facilities plan, or
iat such land, improvements,
and objectives of the capital
its,
or shall determine the value of
ecting an appraiser from a list of
t to determine the value of the
its will be determined through
C. The feepayer shall
estimated cost of the
requests
D. After n
certificate
applicable, the leggy
adequate descriptic
The applicant must
isal and shall deposit on account the
by the city at the time the feepayer
irector shall provide the applicant with a letter or
ant of the credit, the reason for the credit, where
ri of the site donated, and the legal description or other
eject or development to which the credit may be applied.
ite a duplicate copy of such letter or certificate indicating
his/her 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. No credit shall be given for transportation project improvements or right-of-way
dedications for direct access improvements to and/or within the development in
question.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 33 of 64
G. Determinations made by the director pursuant to this section shall be subject to the
appeals procedures set forth in ACC 19.04.080.
H. Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate in
the fee schedule for the city of Auburn has been reasonably adjusted for other revenue
sources which are earmarked for, or proratable to, funding transportation facilities.
2. Alterations, ex
an existing dwelli
is not changed.
3. Alterations of
useable saace.
cture of the same PM peak hour trip
n such replacement occurs within 12
)rior structure.
iodeling, rehabilitation or conversion of
I dwelling units are created and the use
tial structure that does not expand the
improvements, including but not limited to fences, walls,
5. A change in use where the increase in PM peak hour trip generation is less than
the threshold stated in ACC 19.04.040(6).
6. Demolition, or moving of a structure out of the city.
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
transportation impact fee rate schedule and subsequently determined to be a
complete application by the city.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 34 of 64
1. Replacement of a structure with a new st
generation and use at the same site or lot w
months of the demolition or destruction of th
8. All development activity within the "downtown plan area" as defined in ACC
19.04.020(1); provided, that this exemption shall sunset on June 30, 2007, unless
otherwise extended by the city council.
9. All development activity within the "downtown catalyst area" as defined in ACC
19.04.020(FF); provided, that this exemption shall sunset on June 30, 2010, unless
otherwise extended by the city council.
11. All development activity within th
in ACC 19.04.020(HH); provided, tr
31, 2008, unless otherwise extended
B. The
activity falls within an exemption id
shall be subject to the appeals prc
2008; Ord. 6197 § 2, 2008; Ord. E
2006; Ord. 5763 § 17 2003; Ord. 5E
19.04.080 Appeals.
ergency public interest area" as defined
exemption shall sunset on December
city council.
B. Appeals of the public works director's determinations made pursuant to this chapter
shall be filed with the city's public works department and shall be heard by the city's
hearing examiner pursuant to Chapter 18.66 ACC. Determinations on appeals shall be
based on whether the decision being appealed was consistent with applicable state law
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 35 of 64
and city codes. The hearing examiner's determination shall be final unless appealed to
the superior court of the county in which the property subject of the transportation
impact fees is located within the city of Auburn in accordance with the procedures in
RCW 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk
within 30 days after issuance of the decision of the hearing examiner. (Ord. 6182 § 5,
2008; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.090 Establishment of an impact fee account for transportation.
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.
C. On an annual basis, the financ
transportation impact account she
earned, or received, and the tran
or in part by impact fees.
D. Impact fees shall
council identifies in
the delay.
;tor shall provide a report to the council on the
ie source and amount of all moneys collected,
on improvements that were financed in whole
encumbered within six years of receipt, unless the
xtraordinary and compelling reason or reasons for
E. In order to comply with RCW 82.02.060(2), impact fees for development activity in
the downtown plan area shall be paid for with public funds other than from impact fee
accounts during the exemption period set forth in ACC 19.04.070 (A)(8). (Ord. 5763 § 1,
2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.)
19.04.100 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 19.04.090, 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. Provided that any
Dartv that voluntarilv elects to use the alternative fee Davment method saecified in
Section 19.04.040 shall sign as a condition of use of the alternative fee payment
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 36 of 64
method a waiver of right on a form prepared and provided by the City to recovery of
transportation impact fees not spent with the statutory six-year timeframe.
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 appropriate transportation
system improvements.
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 ter
impact fee program, all unexpenc
retained
retained
improvemer
unencumbe
e end of one year, any remaining funds shall be
Kpended for appropriate transportation system
t shall not apply if there are no unexpended or
)unt 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. (Ord. 5763
§ 1, 2003; Ord. 5506 § 1, 2001.)
19.04.110 Use of funds.
A. Pursuant to this chapter, transportation impact fees:
1. Shall be used for transportation improvements that will reasonably benefit the
new development; and
2. Shall not be imposed to make up for deficiencies in transportation facilities
serving existing developments; and
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 37 of 64
3. Shall not be used for maintenance or operations.
B. As a general guideline, transportation impact fees may be used for any transportation
improvements which could otherwise be funded by a bond issue of the city.
E. In the event that bonds or similar de
advanced provision of transportation
expended, impact fees may be used to
instruments to the extent that the facilitiE
the requirements of this section and are
§ 1, 2003; Ord. 5506 § 1, 2001.)
im
schedule of the city of Auburn shall be
fee schedule of the city of Auburn shall be
necessary and appropriate in conjunction with
plan element of the city's comprehensive plan.
3; Ord. 5506 § 1, 2001.)
19.04.130 Miscellaneous provisions.
A. Existing Authority Unimpaired. Nothing in t
requiring the feepayer or the proponent of a (
environmental impacts of a specific developmi
Policy Act, Chapter 43.21 C RCW, base
accompanying the underlying development a
RCW, governing plats and subdivisions-, provi(
consistent with the provisions of RCW 82.02.05
Ordinance No. 6341
January 6. 2011 aeam_oF
Page 38 of 64
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.
City of Auburn, is hereby amended to read as follows
N
mpact fee account for fire protection.
of impact fees.
19.06.130 Miscellaneous provisions.
19.06.010 Findings and authority.
The council of the city of Auburn (the "council") hereby finds and determines that new
growth and development, including but not limited to new residential, commercial, retail,
office, and industrial development, in the city of Auburn will create additional demand
and need for fire protection facilities in the city of Auburn, and the council finds that new
growth and development should pay a proportionate share of the cost of fire protection
facilities needed to serve the new growth and development. The city of Auburn has
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 39 of 64
conducted a study documenting the procedures for measuring the impact of new
developments on fire protection 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 fire protection
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. (Ord. 5977 § 1,
2005.)
19.06.020 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,
existence or as hereafter amended.
B. "Building permit," for the purr
certification which is issued by t
C. "Capita
comprene
amended.
this
nodeling, rehabilitation, erection,
are. In the case of increased impacts
in use or occupancy of an existing
is required, the term "building permit"
cilities plan element of the city's
r 36.70A RCW, and such plan as
D. "City" means the city of Auburn.
E. "Council" means the city council of the city of Auburn.
F. "Department" means the department of planning and development.
G. "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 fire protection facilities.
H. "Director" means the director of the department of planning and development or the
director's designee.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 40 of 64
I. "Downtown plan area" means the study area as identified and adopted in the City of
Auburn Downtown Plan dated May 2001 that is defined by the boundary of the Union
Pacific Railroad on the west and State Route 18 on the south. The eastern boundary is
defined as F Street Southeast from State Route 18 to East Main Street, East Main
Street from F Street Southeast to E Street Southeast, and E Street Northeast from East
Main Street to 4th Street Northeast. The northern boundary is defined as 2nd Street
Northwest from the Interurban Trail to ° Street Northwest, 3rd Street
Northwest/Northeast from D Street Northwest to Auburn Avenue, and 4th Street
Northeast from Auburn Avenue to E Street Northeast. For the purposes of this chapter,
the downtown plan boundary has been slightly modified to avoid bisecting properties.
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
M. "Fire pi
furnishing;
and which
ns
equipment that are used
e capitalized.
hip, an incorporated association, or any
any governmental entity commencing a
demand for additional fire protection
building permit. "Feepayer" includes an
> and apparatus, and fire stations, and any
fire trucks and apparatus or fire stations
N. "Fire protection project improvements" means site improvements and facilities that
0. "Fire protection system improvements" means fire protection facilities that are
included in the city of Auburn's capital facilities plan and are designed to provide service
to service areas within the community at large, in contrast to fire protection project
improvements.
P. "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
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 41 of 64
ACC. Where appropriate, "hearing examiner" also refers to the office of the hearing
examiner.
0. "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 fire protection facilities needed to serve new growth and
development.
R. "Impact fee account" or "account" means the account established for the fire
protection facilities' impact fees collected. The account shall be established pursuant to
ACC 19.06.090 and comply with the requirements of RCW 82.02.070.
S. "Independent fee calculation" means the fire protection impact calculation prepared
by a feepayer to support the assessment of an impact fee other than by the use of the
fee schedule.
U. "Owner" means the owner of
property is being purchased under
be considered the owner of the rea
V. "State" means the
19.06.030
(Ord
19.06.040 AssessmE
A. Effective January
schedule of the citv
the city for any devel
rty; provided, that if the real
contract, the purchaser shall
, 2010; Ord. 5977 § 17 2005.)
city shall collect impact fees, based on the fee
m any applicant seeking development approval from
y within the city.
B. 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
19.06.050, and adjusted for any credits pursuant to ACC 19.06.060.
C. 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.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 42 of 64
D. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.06.060 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.06.060 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.
E. The department shall not issue a building permit unless and until the impact fees
have been paid or credit(s) awarded. (Ord. 5977 § 1, 2005.)
20110 through 20132 and prior to or at the time of
issuance of anv sinale-familv residential buildina Dermit for a dwellina unit that is beina
impact fees due and owing by providing for automatic payment through escrow of these
fire impact fees due and owina to be Daid at time of closina of the sale of the lot or unit.
or unit associated with the current development action and shall limit the granting of any
future permits for the lot or unit until such time that all outstanding fire impact fees are
paid in full.
For complete multi-
n
lications. durina the effective Deriod of
the lot or unit until such time that all outstanding fire impact fees are paid in full.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 43 of 64
H 4. For non-residential development inclusive of commercial office and retail uses. liaht
with the current development action and shall limit the granting of any future permits
until such time that all outstandina fire impact fees are paid in full.
1. In all instances described herein, failure to pay the rgguired aforementioned fees is a
misdemeanor punishable by a fine of up to $1.000 or by a mail sentence of up to 90
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.
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 44 of 64
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.
19.06.060 Credits and adjustments
A. A feepayer can request that a
awarded to him/her for fire r)rotec
feepayer in excess of
land, improvements,
system improvements
plan, or the directo
d/or the facility
at provide capaci
improve
the capi
B. For each rE
dedicated land
independent appraise
land being dedicate
documentation submit
it or credits, the director shall determine the value of
e documentation or selecting an appraiser from a list of
ned by the department to determine the value of the
alue of improvements will be determined through
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.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 45 of 64
The applicant must sign and date a duplicate copy of such letter or certificate indicating
his/her 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.
19.06.070 Exemptions.
A. The following shall be exempted from the payment of fire protection impact fees:
ntial structure that does not expand the
change in use.
including but not limited to fences, walls,
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 fire
protection impact fee rate schedule and subsequently determined to be a complete
application by the city.
All development activity within the "downtown plan area" as defined in ACC
19.06.020(1); provided, that this exemption shall sunset on December 31, 2006,
unless otherwise extended by the city council. In order to comply with RCW
8.02.060(2), impact fees for development activity in the downtown plan area shall
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 46 of 64
1. Replacement of a structure with a
same site or lot when such replacem
or destruction of the prior structure.
be paid for with public funds other than from impact fee accounts during the
exemption period set forth herein.
B. The director shall 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 19.06.080. (Ord. 5977 § 1,
2005.)
is known.
B. Determinations of
given development a
with respect to the ii
director is authorized
exams
the applicability of the impact fees to a
lue of a credit, or the director's decision
or any other determination which the
:hapter, can be appealed to the hearing
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
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 47 of 64
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.
B. There is hereby established a sepa
pursuant to this chapter: the fire pry
withdrawn from these accounts must be
financed in whole or in part
fees
call provide a report to the council on the
Dunt snowing the source and amount of all moneys
and the fire protection system improvements that were
dire
npact 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. (Ord. 5977 § 1, 2005.)
19.06.100 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 19.06.090, 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. Provided that any
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 48 of 64
Party that voluntarily elects to use the alternative fee payment method specified in
Section 19.06.040 shall sign as a condition of use of the alternative fee payment
method a waiver of right on a form prepared and provided by the City to recovery of fire
impact fees not spent with the statutory six-year timeframe.
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.
E. Refunds of impact fees under
impact fees by the city.
de any interest earned on the
F. If and when the city seeks to to
cents of the fire protection
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. (Ord. 5977
§ 1, 2005.)
19.06.110 Use of funds.
A. Pursuant to this chapter, impact fees:
1. Shall be used for fire protection system improvements that will reasonably
benefit the new development; and
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 49 of 64
2. Shall not be imposed to make up for deficiencies in fire protection facilities
serving existing developments; and
3. Shall not be used for maintenance or operations.
B. As a general guideline, fire protection impact fees may be used for any fire protection
system improvements which could otherwise be funded by a bond issue of the city.
D. Impact fees may be used to reco
previously incurred by the city to the e:
served by the previously constructed iml
19.06.1
A. The
reviewed by tl
fee rate sched
B. The fee schedules s
reviewed by the council
the annual update of the
(Ord. 5977 § 1, 2005.)
rowtn ana
curred costs.
-ie fee schedule of the city of Auburn shall be
o years after the effective date of the attached
ry two years thereafter.
)rth in the fee schedule of the city of Auburn shall be
may deem necessary and appropriate in conjunction with
ital facilities plan element of the city's comprehensive plan.
19.06.130 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 43.21C RCW, based on the environmental documents
accompanying the underlying development approval process, and/or Chapter 58.17
improvement costs
development will be
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 50 of 64
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. (Ord. 5977 § 1, 2005.)
Section 5. Amendment to City Code. That Chapter 19.08 of the Auburn City
Code, entitled `Parks Impact Fees,' regarding the imposition of parks impact fees within
the City of Auburn, is hereby amended to read as follows:
19.08.060
19.08.070
19.08.080
19.08.090
19.08.100
19.08.110
19.08.120
date of impact fees.
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
Dais.
blishment of impact fee account for parks and recreation.
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 51 of 64
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.
(Ord. 6063 § 1, 2006.)
B. "Building permit," for the purposes of this c
certification which is issued by the city and wl
enlargement, conversion, reconstruction,
demolition, moving or repair of a building or s
C. "Capital facilities
comprehensive plan
Auburn parks, recre,
D. "Change in use," for
as a single- or multiple-
E. "City"
F. "Council" m
G. "Department" m
r only, means an official document or
uthorizes the construction, alteration,
nodeling, rehabilitation, erection,
Ian element of the city's
RCW, known as the city of
Ian as amended.
er, means a different use that qualifies
in this chapter.
city of Auburn.
rtment 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.
1. "Director" means the director of the department of parks, arts, and recreation or the
director's designee.
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.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 52 of 64
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 u
on January 1, 2007, the initial effective date of the
system capacity credits determined by the adopted
N. "Hearing examiner" means the exarr
considering and applying land use regule
ACC. Where appropriate, "hearing exam
examiner.
0. "Impact fee" means
development activity pu
approval in order to pa
growth and developmen
P. "Impact fee
recreation faci
ACC 19.08.09
rate schedule.
of the council in
der Chapter 18.66
ice of the hearing
the city of Auburn on
of granting development
es needed to serve new
account established for the parks and
count shall be established pursuant to
nts of RCW 82.02.070.
S. "Multifamily 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.
developed property in effect
fees ordinance, is entitled to
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 53 of 64
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.
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 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 a one-family dwelling, if sited per Chapter 18.31 ACC.
Y. "State" means the state of Washi
Z. "Surplus credits"
For example:
over and above those calculated as an impact fee.
ns, if the difference between a proposed use fee
Its in a positive number, the result is the impact fee
2. In grandfatl
minus existinc
credit and no i
ing calculations, if the difference between a proposed use fee
se credit results in a negative number, the result is the surplus
act fee would be due. (Ord. 6063 § 1, 2006.)
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 fees 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.
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 54 of 64
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
19.08.040, and adjusted for any credits pursuant to ACC 19.08.050.
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.
F. The department shall not is
have been paid or credit(s) awa
issuance of a
on the affected
e impact fees
of
automatic
ent action and
H. For complete multi-family building permit applications, during the effective period of
20110 through , 20132 and prior to or at the time of
issuance of any multi-family residential building permit fef 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 parks impact fees due and
owing, less any credits awarded, by providing for automatic payment through escrow of
these development charges due and owing to be paid at time of closing of the sale of
the lot or unit. The awarding of credits shall not alter the applicability of this section.
to the submittal of the complete
050 shall submit, along with the
certificate prepared by the
Ilar amount of the credit
if appropriate credits, shall
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 55 of 64
Failure to pay at time of closing shall result in a lien action on the affected property by
the City of Auburn, shall immediately suspend any permits previously issued for the lot
or unit associated with the current development action and shall limit the granting of any
future permits for the lot or unit until such time that all outstanding parks impact fees are
paid in full.
the requirements hereof. (NEW)
development,
director may
calculations, o
fee categories or fee amounts set forth
Dr captures the impacts of the new
independent fee calculation and the
specific development based on those
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.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 56 of 64
1. In all instances described herein, failure to pay the reguired aforementioned fees is a
misdemeanor punishable by a fine of up to $1.000 or by a mail sentence of up to 90
days, or by a combination of said fine and jail sentence. The mayor or designated city
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.
capital facilities plan, or the direct,
land, improvements, and/or faciliti
objectives of the capital facilities pl,
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.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 57 of 64
The applicant must sign and date a duplicate copy of such letter or certificate indicating
his/her 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 19.08.070.
G. Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate in
19.08.060
A. The fol
fees:
1. ReplacemE
site or lot wh
destruction of
ure.
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 19.08.030(6).
ment of parks and recreation impact
of a structure with a new structure of the same use at the same
such replacement occurs within 12 months of the demolition or
this
ue. (Ord
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 58 of 64
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.
th respect to the applicability of the impact fees to a
ilability or value of a credit, or the director's decision
e calculation, or any other determination which the
uant to this chapter, can be appealed to the hearing
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.
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 59 of 64
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.
19.08.080 Establishment of imi
A. Impact fee receipts shall be
bearing accounts. The fees re(
with the investment policies of
B. There is hereby
pursuant to this ch
withdrawn from the
19.08.1
for the
and recreation.
deposited in special interest-
ested in a manner consistent
pact fee account for the fees collected
tion facilities impact fee account. Funds
i accordance with the provisions of ACC
retained in the account and expended
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 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. (Ord. 6063 § 1, 2006.)
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 19.08.080, the current owner of the property on
Ordinance No. 6341
January 6. 2011 aeam-aF
Page 60 of 64
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. Provided that any
party that voluntarily elects to use the alternative fee payment method specified in
Section 19.08.030 shall sign as a condition of use of the alternative fee payment
method a waiver of riaht on a form Dreaared and Drovided by the Citv to recoverv of
park impact fees not spent with the statutory six-year timeframe.
D. Any impact fees for which no application fo
year period shall be retained by the city and
recreation facilities.
E. Refunds of impact
impact fees by the cit)
F. If and when the city s
recreation impact fee pr(
terminated comaonent or
pursua
termin,
in a news
is section.
city shall
~r of gene
ender this secti
ks
claimants by first class mai
nd has been made within this one-
ded on the appropriate parks and
any interest earned on the
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. (Ord. 6063
§ 1, 2006.)
Ordinance No. 6341
January 6. 2011 aeam_aF
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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 for deficiencies in parks and recreation
facilities serving existing developments; and
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
system improvements, including but not I
recreational trails, athletic fields, swimming po
planning, land acquisition, site improvemen
including mitigation, construction, engine
administrative expenses, applicable imp
expenses which can be capitalized.
D. In the event that be
advanced provision of
may be expended, irr
similar debt instrumer
consisten
developm
may be spent for parks and recreation
to neiahborhood and community parks,
community centers, including
ssary off-site improvements
ral, permitting, financing, and
igation costs, and any other
vents are or have been issued for the
m improvements for which impact fees
o pay debt service on such bonds or
acilities or improvements provided are
on and are used to serve the new
of impact fees.
E)t forth in the fee schedule of the city of Auburn shall be
ster than two years after the effective date of the fee rate
nance codified in this chapter, and no more than every two
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.
(Ord. 6063 § 1, 2006.)
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 62 of 64
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
any reason, such finding shall not affect the validity or enfo
of this chapter.
D. Short Title. This chapter shall
parks and recreation impact fee o
Section 6.
such administrative
legislation. Anobb.
to be
Section
separate and
sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 8.
Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
lid or unenforceable for
ility of any other section
city of Auburn
authorized to implement
carry out the directions of this
ions of this ordinance are declared
Ordinance No. 6341
January 6. 2011 aeam_aF
Page 63 of 64
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Ordinance No. 6341
January 6. 2011
ns,
Page 64 of 64