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Agenda Subject: Ordinance No. 6341 (Fee Deferrals) -Amending Date: March 10, 2011
Chapters 13.41, 19.02, 19.04, 19.06 and 19.08 of the Auburn City Code
Department: Planning & Attachments: Ordinance No. 6353 Budget Impact: See below Development
Administrative Recommendation: Recommend to City Council introduction and adoption of Ordinance
No. 6341
Background Summary:
Ordinance No. 6341 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.
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 or expanded, 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. The City has very few incentive
tools in its 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.
Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ®Municipal Serv. ®Finance ❑ Parks ❑ Human Services ®Planning & CD ❑ Fire ®Planning
❑ Park Board ®Public Works ®Legal ❑ Police
❑ Planning Comm. ❑ Other ®Public Works ❑ Human Resources ❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l Tabled Until I I
Councilmember: Norman Staff: Sn der
Meeting Date: March 14, 2011 Item Number:
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Agenda Subject: Ordinance No. 6341- Fee Deferrals Date: March 10, 2011
In response to the economic downtown, several cities and counties in the Puget Sound have passed
ordinances authorizing the deferral of the payment of some or all of residential oriented impact fees
andlor system development charges to later in the development process rather than payment of time of
building permit issuance. These communities have included but are not limited to the Cities of Federal
Way, Kent, Kirkland Sammamish and Snohomish County -please note that the Cities of Federal Way
and Kent chose to not defer the payment of school impact fees. 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.
Following this analysis, staff prepared a draft ordinance for review and consideration by the different
Committees of the City Council and possibly by the City Council. The Planning and Community
Development Committee discussed the draft ordinance and associated issues at its December 13, 2010 regular meeting, January 10, 2011 regular meeting and February 14, 2011. The Municipal
Services
Committee discussed the draft ordinance at its February 28, 2011 regular meeting. The Public Works
Committee discussed the draft ordinance at its March 2011 regular meeting. The ordinance presented
for the Planning and Community Development Committee's consideration reflects the input of these
different Committees.
The Planning and Community Development Committee received public testimony on the draft ordinance during its December 10, 2010 regular meeting from representatives from the Master Builders
Association
of King and Snohomish Counties, the Washington State Association of Realtors, the Auburn School
District and the Kent School District. In addition, the Committee received written correspondence from the
Federal Way School District pertaining to the proposed deferral of school impact fees.
During the Planning and Community Development Committee's February 14, 2011 regular meeting, the
Planning and Community Development Chair accepted the submittal into the record of a report from the representative of the Master Builders Association of King and Snohomish Counties.
This February 2011
report (Exhibit 3) entitled "Analysis of Impacts of Modified Timing of School Impact Fee Payments" was
prepared by the Washington Center for Real Estate Research, College of Business, Washington State
University and was distributed to all members of the Auburn City Council.
Staff has recommended 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.
Those parties that voluntary chose to defer impact fees or system development charges will be required
to execute covenants against the property in question to provide the City with a legal avenue to obtain
payment. In addition, the City will implement administrative policies and procedures to track deferrals,
maintain files and pursue payment, if necessary.
The deferral of impact fees and system development charges may have short-term impact on the
availability of a portion of the planned funds for construction of some capital facility projects. However, it
should be noted that none of these projects are wholly dependent on these fees or charges. In addition,
the goal of Ordinance No. 6341 is to spur additional residential and non-residential development in the
City to provide additional funds that are not currently being produced in the current economic climate.
Finally, staff will put in all place substantive administrative controls to help ensure timely payment as specified in the Ordinance.
Page 2 of 2
ORDINANCE N0.6_
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 to ensure that new development
bears a proportionate share of the cost of capital expenditures necessary to meet the
demands for park, transportation, schools and fire services associated with new growth
and development.; and
WHEREAS, the City Council has previously determined through ordinance action
that it is reasonable and in the public interest to enact and impose a utility systems
development charge for the purpose of recovering a fair share of the costs of providing
existing utility system infrastructure to serve new customers or revised uses of existing
customers for the purpose of reimbursing the city's utility for the cost of construction of
available capacity sanitary sewer, water and storm drainage facilities from those
properties, which as part of their development and use create direct or indirect needs for
those facilities; and,
WHEREAS, as a result of the current downtown in the local economy, a
diminishing number of residential 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
March 10, 2011 Page 1 of 67
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 amendments are procedural in nature and therefore
exempt from State Environmental Policy Act (SEPA) review; and,
WHEREAS, the City Council finds that the proposed amendments to the Auburn
City Code to be consistent with and to implement the intent of the City's Comprehensive
Plan; and,
WHEREAS, the Auburn City Council finds that it is in the interest of the public
health, safety and welfare to adopt this ordinance to promote continued economic
development in the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as 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
March 10, 2011 Page 2 of 67
Chapter 13.41
UTILITY SYSTEMS DEVELOPMENT CHARGE
Sections:
13.41.010 Definitions.
13.41.020 Purpose.
13.41.030 Utility systems development charge imposed -Rates -Review.
13.41.040 Collection.
13.41.050 Credits.
13.41.060 Segregation and use of revenues.
13.41.070 Appeals.
13.41.080 Scope.
13.41.010 Definitions.
As used in this chapter, unless the context otherwise requires:
A. "Capacity facilities" includes but is not limited to:
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.
2. Sanitary sewer system infrastructure including: lift stations, standby generators,
force mains, conveyance lines and appurtenances needed to collect and transport
sewage for treatment and disposal or to eliminate a storm and sanitary sewer
cross connection.
3. Storm drainage system infrastructure including: pump stations, standby
generators, storage facilities, water quality facilities, stream, creek or river
improvements and conveyance lines needed to collect, transport and dispose of
storm drainage, eliminate storm and sanitary sewer cross connections, eliminate
storm and surface water flooding and water quality problems, and treatment and
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
March 10, 2011 Page 3 of 67
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 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 2, 1980.)
13.41.020 Purpose.
The city council has determined that it is reasonable and in the public interest to enact
and impose a utility systems development charge for the purpose of recovering a fair
share of the costs of providing existing utility system infrastructure to serve new
customers or revised uses of existing customers. The intent is to reimburse the city's
utility for the cost of construction of available capacity sanitary sewer, water and storm
drainage facilities from those properties, which as part of their development and use
create direct or indirect needs for those facilities. The city council finds that the public
would benefit from a logical long-range approach to the financing of necessary general
facilities. Experience has demonstrated that the lack of such provision casts an unfair
and unexpected burden on taxpayers and residences in the form of utility rates, taxes,
bond interest costs and assessments when core, general or central facilities become
inadequate causing a crisis. Operating from crisis to crisis is wasteful, unsafe and not
an acceptable method of operating local government; and debt financing should be
minimized wherever possible. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 §
2, 1990; Ord. 3510 § 1, 1980.)
13.41.030 Utility systems development charge imposed -Rates -Review.
A. A sanitary sewer and water utility systems development charge is imposed upon all
lands inside the boundary of the city, and all lands outside the boundary of the city
which utilize either sanitary sewer facilities or water facilities or both of the city, and a
storm drainage utility systems development charge is imposed upon all lands in the city,
except those lands exempted under this chapter, which fees and charges shall be as
set forth on the city of Auburn fee schedule.
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 § 1, 2002; Ord. 5619 § 2, 2001; Ord. 5125 § 2, 1998; Ord. 4830 § 1, 1996; Ord.
4479 § 2, 1990; Ord. 3510 § 1, 1980.)
Ordinance No. 6341
March 10, 2011 Page 4 of 67
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 § 2, 1981; Ord. 3510 § 4, 1980.)
For residential development for new development, redevelopment or a change in use,
during the effective period of April 4, 2011 through April 4, 2013 and prior to issuance of
a permit application, 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 water,
sanitary sewer and storm drainage development charges due and owin.., less any
credits awarded, by providing for automatic payment through escrow of these
development charges due and owing to be paid no later than at time of closin. of the
sale of the unit or at final inspection or issuance of certificate of occupanc or 18
months from the date of issuance of the original building permit, whichever comes first.
Failure to pay shall result in the following
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the rg anting o~y future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development char. es are paid in full.
3. The appeals process authorized in Section 13.41.070 shall not apply to
determinations made pursuant to this section.
Ordinance No. 6341
March 10, 2011 Page 5 of 67
For non-residential development composed of new development, redevelopment or a
change in use and inclusive of commercial office and retail uses, light and heavy
manufacturing uses but not warehousing and distribution uses and institutional
development including but not limited to public and public schools and colle. es and
hospitals, during the effective period of April 4, 2011 through April 4, 2013 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
water, sanitary sewer and storm drainage development charges due and owin..q less
any credits awarded, no later than at prior to issuance of certificate of occupancy
months from the date of issuance of the original building permit, whichever comes first.
Failure to pay shall result in the following
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstandin. 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the rg anting o~y future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development char. es are paid in full.
3. The appeals process authorized in Section 13.41.070 shall not apply to
determinations made pursuant to this section.
13.41.050 Credits.
If a developer provides a capacity facility that benefits other properties as identified
within the appropriate utility comprehensive plan, a systems development charge credit
may be granted under the provisions of this chapter, and as negotiated between the
land developer and the city engineer. Any systems development charge credits granted
will be documented in writing. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2,
1990; Ord. 3510 § 5, 1980.}
Ordinance No. 6341
March 10, 2011 Page 6 of 67
13.41.060 Segregation and use of revenues.
All funds derived from the utility systems development charge are to be segregated by
appropriate approved accounting practices from all other funds of the city, and that
portion of the utility systems development charge calculated and collected on account of
a utility shall be used for no other purpose than replacement, major repair, installing,
constructing, and extending capacity facilities of the utility. (Ord. 5801 § 1, 2003; Ord.
4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3510 § 6, 1980.)
13.41.070 Appeals.
Appeals of the public works director's determinations made pursuant to this chapter
shall be filed with the 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 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 utility system
development charges 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 § 3, 2008; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990;
Ord. 3510 § 1980.)
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 § 8, 1980.)
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 Purpose.
19.02.020 Definitions.
19.02.030 Determination of the amount of the impact fees.
19.02.040 Interlocal agreement between the city and district.
Ordinance No. 6341
March 10, 2011 Page 7 of 67
19.02.050 Submission of district capital facilities plan and data.
19.02.060 Annual council review.
19.02.070 Fee collection.
19.02.080 Exemptions.
19.02.090 Adjustments, exceptions and appeals.
19.02.100 Impact fee accounts and refunds.
19.02.110 Impact fee formula.
19.02.115 Impact fee calculation and schedule for the Dieringer School District.
19.02.120 Impact fee calculation and schedule for the Auburn School District.
19.02.130 Impact fee calculation and schedule for the Kent School District.
19.02.140 Impact fee calculation and schedule for the Federal Way School District.
19.02.010 Purpose.
The city council hereby finds and determines that continuing growth and development in
the city of Auburn will create additional need and demand for school facilities, and that
new growth and development should pay a proportionate share of the cost of
developing new facilities needed as a result. Therefore, pursuant to Chapter 82.02
RCW, the council adopts this chapter to address identified impacts of new residential
development on schools and to ensure that new development bears a proportionate
share of the cost of capital expenditures necessary to meet demands for schools in
order to protect the public health, safety and welfare. (Ord. 5078 § 1, 1998.)
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.
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;
Ordinance No. 6341
March 10, 2011 Page 8 of 67
6. An inventory of existing school facilities, including permanent, transitional and
relocatable facilities;
At least asix-year financing component, updated as necessary to maintain at
least asix-year forecast period, for financing needed for school facilities within
projected funding levels, and identifying sources of financing for such purposes,
including bond issues authorized by the voters;
8. An identification of deficiencies in school facilities serving the student
populations and the means by which existing deficiencies will be eliminated within
a reasonable period of time; and
9. Any other long-range projects planned by the district.
C. "Capital improvement" means land, improvements to land, structures and relocatable
structures (including site planning, acquisition, design, permitting and construction),
initial furnishings and selected equipment. Capital improvements have an expected
useful life of at least 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
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 pergrade 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.
H. "Developer" means the person or entity who owns or holds purchase options or other
development control over property for which development activity is proposed.
I. "Development activity" means any residential construction, including the placement of
a mobile home, or expansion of a building, structure or use, any change in use of a
Ordinance No. 6341
March 10, 2011 Page 9 of 67
building or structure, or any change in the use of land that creates additional demand for
school facilities.
J. "District" means the Auburn, Kent, Federal Way, or Dieringer School District or
successor entities.
K. "Elderly" means a person aged 55 or older.
L. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees to
pay for commitments, contractual obligations, or other liabilities incurred for public
facilities as set out in the adopted capital facilities plan.
M. "Grade span" means the categories into which the district groups its grade of
students; e.g., elementary, middle 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.
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 structure, transportable in one or more sections,
that is intended to be used as an education space to meet the needs of service areas
within the district, to provide specialized facilities, or to cover the gap between the time
that families move into new residential developments and the date that construction is
completed on permanent school facilities.
Ordinance No. 6341
March 10, 2011 Page 10 of 67
T. "Relocatable facilities cost per student" means the estimated cost of purchasing and
siting a relocatable facility in the district for the grade span of the school to be provided
as a function of the district's design standard per grade span.
U. "Site cost per student" means the estimated cost of a site in the district for the grade
span of the school to be provided as a function of the district's design standards per
grade span.
V. "Standard of service" means the standard adopted by the district which identifies the
program year, the class size by grade span and taking into account the requirement of
students with special needs, the number of classrooms, the types of facilities the district
believes will best serve its student population, and other factors as identified by the
district. The district's standard of service shall not be adjusted for any portion of the
classrooms housed in relocatable facilities which are used as transitional facilities or
any other specialized facilities 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
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 § 1, 2005; Ord. 5078 § 1,
1998. )
19.02.030 Determination of the amount of the impact fees.
The amount of the impact fees shall be determined for each school district as agreed to
by the city and the applicable school district. The methodology to determine the fees will
be based upon what other jurisdictions have used to determine their school impact fees
and will address the terms and concepts defined in ACC 19.02.020, Definitions. The city
shall only consider requiring impact fees for any school district upon receipt of a written
request duly executed from the applicable school district. The city shall adopt by a
separate ordinance an impact fee schedule for each applicable school district.
A. If the city annexes property and the affected school district has an impact fee
schedule, approved by the applicable county, then if the affected school district has
Ordinance No. 6341
March 10, 2011 Page 11 of 67
adopted a capital facilities plan which has been incorporated into the city's
comprehensive plan under the Growth Management Act that schedule shall continue in
effect on an interim basis and the city shall consider adopting by reference the fee
amounts that the county has imposed together with any formulas or methodologies
used to arrive at the fee amounts.
B. If residential development occurs within a school district that is within the city of
Auburn, and an impact fee schedule has been approved for that school district by
another legislative authority, other than the city of Auburn, then if the affected school
district has adopted a capital facilities plan which has been incorporated into the city's
comprehensive plan under the Growth Management Act that schedule shall continue in
effect on an interim basis and the city shall consider adopting by reference the fee
amounts that have been imposed by the other legislative authority together with any
formulas or methodologies used to arrive at the fee amounts.
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
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.
G. Credit shall be given for school facilities or sites offered by the developer which the
district accepts and approves as meeting district needs and standards, consistent within
capital facilities plan. (Ord. 5078 § 1, 1998.)
Ordinance No. 6341
March 10, 2011 Page 12 of 67
19.02.040 Interlocal agreement between the city and district.
As a condition of the city's authorization and adoption of a school impact fee ordinance
the city and the applicable district shall enter into an interlocal agreement governing the
operation of the school impact fee program, and describing the relationship and
liabilities of the parties thereunder. The agreement must provide that the district shall be
liable and hold the city harmless for all damages which may occur as a result of any
failure by the district to comply with the provisions of this chapter, Chapter 82.02 RCW
or other applicable law. The agreement must provide that the district shall be liable, hold
the city harmless and reimburse the city for defense and payment of all claims, including
claims for damages, which may occur or arise as a result of any failure or alleged failure
to comply with the provisions of this chapter, Chapter 82.02 RCW or other applicable
law in the adoption, administration, or implementation of this chapter and any actions
related to it. (Ord. 5078 § 1, 1998.)
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;
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 facilities.
B. To the extent that the district's standard of service identifies a deficiency in its
existing facilities, the district's capital facilities plan must identify the sources of funding
other than impact fees for building or acquiring the necessary facilities to serve the
existing student population in order to eliminate the deficiencies within a reasonable
period of time.
Ordinance No. 6341
March 10, 2011 Page 13 of 67
C. Facilities to meet future demand shall be designed to meet the adopted standard of
service. If sufficient funding is not projected to be available to fully fund a capital
facilities plan which meets the adopted standard of service, the district's capital facilities
plan should document the reason forthe funding gap, and identify all sources of funding
that the district plans to use to meet the adopted standard of service.
D. The district shall also submit annually to the city a report showing the capital
improvements for which the impact fees have been used.
E. In its development of the financing plan component of its capital facilities plan, the
district shall plan on a six-year horizon and shall demonstrate its best efforts by taking
the following steps:
1. Establish a six-year financing plan, and propose the necessary bond issues,
levies, andlor 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
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 § 1, 2005; Ord. 5078 § 1, 1998.)
19.02.070 Fee collection.
The school impact fee shall be imposed, based on the impact fee schedule, at the time
of application to the city for a development activity permit. The school impact fee shall
be imposed based on the impact fee schedule adopted for the applicable school district.
The impact fee and the application fee shall be collected by the city and maintained in
separate accounts. All school impact fees shall be paid to the district from the school
impact fee account monthly. The city shall retain all application fees associated with the
city's administration of the impact fee program.
Ordinance No. 6341
March 10, 2011 Page 14 of 67
A. Impact fees shall be imposed upon development activity in the city concurrent with
the issuance of a building permit. The fees are based upon the adopted fee schedule
and collected by the city from any applicant where such development activity requires
issuance of a residential building permit or a building permit for a manufactured or
mobile home located on platted lots within manufactured/mobile home parks, and the
fee has not been previously paid. Impact fees are only collected and disbursed within
the boundaries of a school district that has executed an interlocal agreement with the
city of Auburn.
B. Applicants for single-family and multifamily residential building permits and for
manufacturedlmobile home building permits shall pay the total amount of the impact
fees assessed before the building permit is issued, using the impact fee schedules then
in effect. The owner of the manufacturedlmobile home park shall be responsible to pay
the fee.
C. The city shall not issue the required building permit or manufacturedlmobile 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
permit at the time of permit issuance. (Ord. 6077 § 2, 2007; Ord. 5261 § 1 (Exh. A),
1999; Ord. 5078 § 1, 1998.}
E. For complete sin. le-famil building permit applications for new development,
redevelopment or a change in use, during the effective period of during the effective
period of April 4, 2011 through April 4, 2013 and prior to or at the time of issuance of
an~in,.le-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 b the City that requires payment of school impact fees due and
owing b providing for automatic payment through escrow of these school impact fees
due and owing to be paid no later than at time of closing of the sale of the-unit or at final
inspection or issuance of certificate of occupancy or 18 months from the date of
issuance of the original building permit, whichever comes first. Failure to pay shall result
in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
Ordinance No. 6341
March 10, 2011 Page 15 of 67
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstandin. 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the r~ og f any future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
F. For complete multi-famil building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011 through
April 4, 2013 and prior to or at the time of issuance of any multi-family residential
building permit 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 paves
through escrow of these school impact fees due and owing to be paid no later than at
time of closing of the sale of the unit or at final inspection or issuance of certificate of
occupancy or 18 months from the date of issuance of the original buildin. permit,
whichever comes first. Failure to pay shall result in the following
1. If 30 days after the city has sent the responsible party written notification of its
obli..ation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies, for which a permits) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remainingq unpaid shall constitute a violation occurrin., on the permitted
property(ies) under these sections.
2. Any unpaid char., es adopted by this chapter that are outstandin.. 30 days from the
date the charges are due shall constitute a lien a..ainst the property(ies, for which a
permits) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the rg anting o~y future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development char. es are paid in full.
Ordinance No. 6341
March 10, 2011 Page 16 of 67
19.02.080 Exemptions.
The following development activities are exempt from the requirements of this chapter:
A. Reconstruction, remodeling or construction of housing projects for the elderly,
including nursing homes, retirement centers, assisted living facilities or other types of
housing projects for persons age 55 and over, which have recorded covenants or
recorded declaration of restrictions precluding school-aged children as residents of
those projects This exemption does not include individual single-family homes on
platted lots unless the subject plat has such recorded covenants. Where such
covenants have not already been recorded, but the exemption is sought, the city may
require the recording of a covenant or recorded declaration of restriction precluding use
of the property for other than the exempt purpose. If property using this exemption is
subsequently used for a nonexempt purpose, then the school impact fees then in effect
shall be paid.
B. Rebuilding of legally established dwelling units} destroyed or damaged by fire, flood,
explosion, act of nature or other accident or catastrophe; provided, that such rebuilding
takes place within a period of one year after destruction and that no additional dwelling
units are created.
C. Alteration, expansion, reconstruction, remodeling, or rebuilding of existing single-
family or multifamily dwelling units; provided, that no additional dwelling units are
created .
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
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.
Ordinance No. 6341
March 10, 2011 Page 17 of 67
G. Any development activity for which school impacts have been mitigated pursuant to a
voluntary agreement entered into with the district to pay fees, dedicate land or construct
or improve school facilities, unless the terms of the voluntary agreement provide
otherwise. The agreement and development activity application must also predate the
effective date of fee imposition by the city or its predecessor in interest as provided
herein. Proof must also be submitted to the city, prior to issuance of the development
activity permit, 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 with another mobile home within an existing
mobile home park. (Ord. 5261 § 1 (Exh. B), 1999; Ord. 5078 § 1, 1998.)
19.02.090 Adjustments, exceptions and appeals.
A. Arrangements may be made for later payment of the impact fee with the approval of
the district only if the district determines that it will be unable to use or will not need the
payment until a later time; provided, that sufficient security, as defined by the district, is
provided to assure payment. Security shall be made to and held by the district, which
will be responsible for tracking and documenting the security interest.
B. The fee amount established in the schedule shall be reduced by the amount of any
eligible payment previously made for the lot or development activity in question, either
as a condition of approval or pursuantto a voluntary agreement.
C. Whenever a development is granted approval subject to a condition that the
development actually provide a school site or facility acceptable to the district, the
developer shall be entitled to a credit for the value of the facility, based on the actual
cost of providing the facility, against the fee that would be required by this chapter. The
value of the facility shall be estimated at the time of approval, but must be documented,
and the documentation confirmed after the facility is completed to assure that an
accurate credit amount is provided. If facility value based on actual costs is less than
the calculated fee amount the difference remaining shall be chargeable as a school
impact fee.
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
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
Ordinance No. 6341
March 10, 2011 Page 18 of 67
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.
G. Any appeal of the final decision of the planning director with regard to fee amounts
may be made by the developer, district, or other aggrieved party and shall follow the
process for the appeal of the underlying development application, as set forth in the
Auburn City Code. The planning director's decision shall be given substantial weight
and the appellant shall have the burden of proof thatthe final fee determination is unfair,
taking into account the purposes and intent of Chapter 82.02 RCW and this chapter.
H. Impact fees may be paid under protest in order to obtain a permit or other approval of
development activity. However, such payment under protest shall not excuse the
applicant's obligation to timely exhaust all administrative remedies and to comply with
all applicable time limitation periods. (Ord. 5078 § 1, 1998.}
19.02.100 Impact fee accounts and refunds.
A. Impact fee receipts shall be earmarked specifically and retained in a special interest-
bearing account established by the district solely for the district's school impact fees. All
interest shall be retained in the account 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.
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
Ordinance No. 6341
March 10, 2011 Page 19 of 67
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
alternative fee payment method a waiver of right on a form prepared and provided by
the City to recovery of school impact fees not spent with the statutory six-year
timeframe.
D. The current owner of property on which an impact fee has been paid may receive a
refund of such fees if the impact fees have not been expended or encumbered within six
years or an extension granted under subsection (C) of this section of receipt of the
funds by the district on school facilities intended to benefit the development activity for
which the impact fees were paid. Impact fees shall be considered encumbered on a first
in, first out basis. The district shall notify potential claimants by first-class mail deposited
with the United States Postal Service addressed to the current owner of the property as
shown in the county tax records.
E. An owner's request for a refund must be submitted to the district in writing within one
year of the date the right to claim the refund arises or the date that notice is given,
whichever date is later. Any impact fees that are not expended or encumbered by the
district in conformance with the capital facilities plan within these time limitations, and
for which no application for a refund has been made within this one-year period, shall be
retained and expended consistent with the provisions of this section. Refunds of impact
fees shall include 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
March 10, 2011 Page 20 of 67
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
2. No impact on the district has resulted. "Impact" shall be deemed to include
cases where the district has expended or encumbered the impact fees in good
faith prior to the application for a refund. In the event that the district has expended
or encumbered the fees in good faith, no refund shall be forthcoming. However, if
with a period of three years the same or subsequent owner of the property
proceeds with the substantially similar development activity, the owner shall be
eligible for a credit. The owner must petition the district and provide receipts of
impact fees paid by the owner for a development of the same or substantially
similar nature on the same property or some portion thereof. The district shall
determine whether to grant a credit and such determination may be appealed by
following the procedures set forth in ACC 19.02.090.
H. Interest due upon the refund of impact fees required by this section shall be
calculated according to the average rate received by the district on invested funds
throughout the period during which the fees were retained. (Ord. 5078 § 1, 1998.}
19.02.110 Impact fee formula.
The impact fee calculation and schedule shall be based upon the formula set forth
below. The formula is the city's 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.
Separate fees shall be calculated for single-family and multifamily dwelling units
because of their different impact on school facilities. Separate student generation rates
(student factor} must be determined 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
March 10, 2011 Page 21 of 67
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 = D 1 + 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
I(1=1)n x the current school district capital property tax levy rate, I(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
March 10, 2011 Page 22 of 67
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 definitions in ACC 19.02.020:
A. "Boeckh Index" means the area cost allowance for school construction determined
under WAC 180-27-060.
B. "SPI square footage per student" means the space allocations per grade span
determined by WAC 180-27-035.
C. "State matching credit" means the calculation set forth in Attachment A of the
district's Boeckh Index times SPI square footage per student per grade span times state
match percentage times applicable student factor.
D. "State match percentage" means the percentage of school construction costs for
which a district is eligible to receive state funding pursuant to RCW 18A.525.166 and
the rules of the State Board of 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
March 10, 2011 Page 23 of 67
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.
Effective January 1, 2011, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $3,500.00
Per Multifamily Dwelling Unit $0.00
19.02.120 Impact fee calculation and schedule for the Auburn School District.
The impact fee calculation and schedule 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 Auburn School District's 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.
Effective January 1, 2011, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $5,266.33
Per Multifamily Dwelling Unit $1,518.22
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
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, 2011, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $5,486.00
Per Multifamily Dwelling Unit $3,378.00
Ordinance No. 6341
March 10, 2011 Page 24 of 67
19.02.140 Impact fee calculation and schedule for the Federal Way 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 Federal Way School District's 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.
Effective January 1, 2011, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $4,014.00
Per Multifamily Dwelling Unit $2,172.00
Section 3. Amendment to City Code. That Chapter 19.04 of the Auburn City
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:
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.
19.04.110 Use of funds.
19.04.120 Review and update of impact fees.
19.04.130 Miscellaneous provisions.
19.04.010 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
Ordinance No. 6341
March 10, 2011 Page 25 of 67
and need for transportation facilities in the city of Auburn, and the council finds that new
growth and development should pay a proportionate share of the cost of transportation
facilities needed to serve the new growth and development. The city of Auburn has
conducted extensive studies documenting the procedures for measuring the impact of
new developments on transportation facilities. These studies have 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
transportation facilities. The provisions of this chapter shall be liberally construed in
order to carry out the purposes of the council in establishing the transportation impact
fee program. (Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.}
19.04.020 Definitions.
The following words and terms shall have the following meanings for the purposes of
this chapter, unless the context clearly requires otherwise. Terms otherwise not defined
herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary
meaning.
A. "Act" means the Growth Management Act, Chapter 36.70A RCW, as now in
existence or as hereafter amended.
B. "Building permit," for the purposes of this chapter only, means an official document or
certification which is issued by the city and which authorizes the construction, alteration,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure. In the case of increased impacts
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 Auburn.
F. "Department" means the department of public works.
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 transportation facilities.
Ordinance No. 6341
March 10, 2011 Page 26 of 67
H. "Director" means the director of the department of public works or the director's
designee.
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 SE from State Route 18 to East Main Street, East Main Street from
"F" Street SE to "E" Street SE, and "E" Street NE from East Main Street to 4th Street
NE. The northern boundary is defined as 2nd Street NW from the Interurban Trail to "D"
Street NW, 3rd Street NW1NE from "D" Street NW to Auburn Avenue, and 4th Street NE
from Auburn Avenue to "E" Street NE. For the purposes of this chapter, the downtown
plan area 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
living quarters for one family only.
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
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.
N. "Gross leasable area (GLA)" means the total floor area designed for tenant
occupancy and exclusive use. For the purposes of the trip generation calculation, the
floor area of any parking garages within the building shall not be included within the
GLA of the entire building. GLA is the area for which tenants pay rent; it is the area that
produces income.
0. "Hearing examiner" means the examiner who acts on behalf of the council in
considering and applying land use regulatory codes as provided under Chapter 18.66
ACC. Where appropriate, "hearing examiner" also refers to the office of the hearing
examiner.
Ordinance No. 6341
March 10, 2011 Page 27 of 67
P. "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 transportation facilities needed to serve new growth and
development.
Q. "Impact fee account" or "account" means the account established for the
transportation impact fees collected. The account shall be established pursuant to ACC
19.04.090, and comply with the requirements of RCW 82.02.070.
R. "Independent fee calculation" means the transportation impact calculation prepared
by a feepayer to support the assessment of an impact fee other than by the use of the
attached schedules.
S. "Interest" means the interest rate earned by local jurisdictions in the State of
Washington Local Government Investment Pool, if not otherwise defined.
T. "Multiple-family dwelling" means a building designed exclusively for occupancy by
three or more families living independently of each other, and containing three or more
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.
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 cone-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.
Z. "Transportation project improvements" means site improvements and facilities that
are planned and designed to provide service for a particular development or users of
the project, and are not transportation system improvements. No transportation
improvement or facility included in a capital facilities plan approved by the council shall
be considered a transportation project improvement.
Ordinance No. 6341
March 10, 2011 Page 28 of 67
AA. "Transportation system improvements" means transportation 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 transportation project
improvements.
BB. "Grandfathering" means that existing land uses of a property in effect on July 1,
2001, the initial effective date of the impact fees ordinance, are entitled to system
capacity credits determined by the adopted impact fees rate schedule.
CC. "Surplus credits" means credits over and above those calculated as an impact fee.
For example:
1. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a positive number, the result is the impact fee
due.
2. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a negative number, the result is the surplus
credit and no impact fee would be due. 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.
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.
FF. "Downtown catalyst area" means the areas defined by (1) the boundary of West
Main StreetlEast Main Street to the north, "A" Street SE to the east, 2nd Street SE/2nd
Street SW to the south, and "A" Street SW to the west; and (2) the boundary of East
Main Street to the south, Auburn Avenue to the east, 1st Street NE to the north, and
North Division Street to the west.
GG. "Downtown catalyst accessory area" means the area defined by the boundary of
1st 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" means the area defined as King County Tax
Parcel No. 0721059053, located at 901 Auburn Way N., Auburn, WA 98002, described
more particularly as follows:
Ordinance No. 6341
March 10, 2011 Page 29 of 67
Lots 1, 2 and 3 of City of Auburn Short Plat No. SPL0009-98, according to short plat
recorded April 20, 1999, under recording No. 9904202125, in King County, Washington,
and as shown below:
(Ord. 6199 § 1, 2008; Ord. 6197 § 1, 2008; Ord. 6089 § 1, 2007; Ord. 5763 § 1, 2003;
Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.)
19.04.030 Reserved .
(Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
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.
C. The director shall apply a heavy truck adjustment factor to the transportation impact
fees for industrial land uses, addressing the percentage of vehicle trips for such uses
made by trucks of three or more axles and the street capacity used by such trucks in
comparison to other vehicles.
D. The amount of impact fees shall be 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
19.04.050, and adjusted for any credits pursuant to ACC 19.04.060.
E. Payment of impact fees shall be made by the feepayer at the time the building permit
is issued. The amount to be paid shall not be increased for any applicant that submitted
Ordinance No. 6341
March 10, 2011 Page 30 of 67
a complete application for the building permit before the city established the impact fee
rates.
F. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.04.060 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.04.060 setting forth the dollar amount of the credit
awarded. Impact fees, as determined after the application of appropriate credits, shall
be collected from the feepayer at the time the building permit is issued.
G. The department shall not issue a building permit unless and until the impact fees
have been paid or credits} awarded. (Ord. 6005 § 1, 2006; Ord. 5763 § 1, 2003; Ord.
5506 § 1, 2001.}
H. For complete sin. le-famil building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011 through
April 4, 2013 and prior to or at the time of issuance of any sin. le-family residential
building permit for a dwelling unit that is being constructed, the applicant ma elect to
record a covenant against title to the property on forms prepared and provided b
City that requires payment of transportation impact fees due and owing by providing for
automatic payment through escrow of these transportation impact fees due and owing
to be paid no later than at time of closing of the sale of the unit or at final inspection or
issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first. Failure to pay shall result in the
followin
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstandin. 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the rg anting o~y future permits for the lot or
Ordinance No. 6341
March 10, 2011 Page 31 of 67
unit until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in Section 19.04.080 shall not apply to
determinations made pursuant to this section.
I. For complete multi-famil building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011 through
April 4, 2013 and prior to or at the time of issuance of any multi-family residential
building permit that is being constructed, the applicant may elect to record a covenant
against title to the property on forms prepared and provided by the City that requires
payment of transportation impact fees due and owing by providing for automatic
payment through escrow of these transportation impact fees due and owing to be paid
no later than at time of closing of the sale of the unit or at final inspection or issuance of
certificate of occupancy or 18 months from the date of issuance of the original building,
permit, whichever comes first. Failure to pay shall result in the following
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be b~regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid char., es adopted by this chapter that are outstandin.. 30 days from the
date the charges are due shall constitute a lien a..ainst the property(ies, for which a
permits) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the rg anting o~y future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development char. es are paid in full.
3. The appeals process authorized in Section 19.04.080 shall not apply to
determinations made pursuant to this section.
J. For non-residential development composed of new development, redevelopment or a
change in use and inclusive of commercial office and retail uses, light and heavy
manufacturing uses but not warehousing and distribution uses and institutional
development including but not limited to public and public schools and colle..es and
hospitals, during the effective period of April 4, 2011 through April 4, 2013 and prior to
Ordinance No. 6341
March 10, 2011 Page 32 of 67
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 owin. ,less any credits awarded, no later than prior
to issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first. Failure to pay shall result in the
followin
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstandin. 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the r~ og f any future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in Section 19.04.080 shall not apply to
determinations made pursuant to this section.
19.04.050 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories set forth in the attached
schedule accurately describes or captures the impacts of the new development, the
applicant shall conduct an independent fee calculation and the director may impose
alternative fees on a specific development based on those calculations, once accepted
by the city.
B. Feepayers may opt not to have the impact fees determined according to the attached
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.
C. The documentation submitted and supporting an independent fee calculation shall
clearly show PM peak hour trip generation characteristics of the proposed development
based on industry-accepted standards as articulated in the ITE trip generation manual.
Ordinance No. 6341
March 10, 2011 Page 33 of 67
The modified fee shall be based on the average cost per trip established in the fee
schedule of the city of Auburn, and shall consider the alternative trip generation data.
D. 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.
E. 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.
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
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,
improvements, and/or the facility constructed are identified as transportation system
improvements that provide capacity to serve new growth in the capital facilities plan, or
the director, at his/her discretion, makes the finding that such land, improvements,
and/or facilities would serve the transportation goals and objectives of the capital
facilities plan.
B. For each request for a credit or credits, the director shall determine the value of
dedicated land by using available documentation or selecting an appraiser from a list of
independent appraisers maintained by the department to determine the value of the
land being dedicated. The value of the improvements will be determined through
documentation submitted by the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit on account the
estimated cost of the appraisal as determined by the city at the time the feepayer
requests consideration for a credit.
Ordinance No. 6341
March 10, 2011 Page 34 of 67
D. After receiving the appraisal, the director shall provide the applicant with a letter or
certificate setting forth the dollar amount of the credit, the reason for the credit, where
applicable, the legal description of the site donated, and the legal description or other
adequate description of the project or development to which the credit may be applied.
The applicant must sign and date a duplicate copy of such letter or certificate indicating
his/her 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.
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.
I. In order to grandfather the capacity rights of existing land uses, the director will utilize
the adopted rates to calculate any impact fee credits and to determine any surplus
credits for off-site system improvements made by the property owner. Only in a situation
when a property owner makes off site system capacity improvements that qualify in
accordance with subsection A of this section will any surplus credits (value computed
during the permit year and not adjusted for inflation) remain with the property or any
subdivision of that property to benefit future development where a traffic impact fee is
determined to be due. (Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.}
19.04.070 Exemptions.
A. The following shall be exempted from the payment of transportation impact fees:
1. Replacement of a structure with a new structure of the same PM peak hour trip
generation and use at the same site or lot when such replacement occurs within 12
months of the demolition or destruction of the prior structure.
2. Alterations, expansion, enlargement, remodeling, rehabilitation or conversion of
an existing dwelling unit where no additional dwelling units are created and the use
is not changed.
Ordinance No. 6341
March 10, 2011 Page 35 of 67
3. Alterations of an existing nonresidential structure that does not expand the
useable space.
4. Miscellaneous improvements, including but not limited to fences, walls,
swimming pools, and signs.
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(8).
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.
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.
10. Fifty percent of all development activity within the "downtown catalyst
accessory area" as defined in ACC 19.04.020(GG), to the effect that the exemption
provided hereby shall be for 50 percent of the applicable transportation impact
fees; provided, that this exemption shall sunset on December 31, 2008, unless
otherwise extended by the city council.
11. All development activity within the "emergency public interest area" as defined
in ACC 19.04.020(HH); provided, that this exemption shall sunset on December
31, 2008, unless otherwise extended by the city council.
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 19.04.080. (Ord. 6199 § 2,
2008; Ord. 6197 § 2, 2008; Ord. 6178 § 1, 2008; Ord. 6089 § 2, 2007; Ord. 6068 § 1,
2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.)
19.04.080 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in order
to obtain a building permit. Appeals regarding the impact fees imposed on any
Ordinance No. 6341
March 10, 2011 Page 36 of 67
development activity may only be made by the feepayer of the property where such
development activity will occur. No appeal submitted under protest shall be permitted
unless and until the impact fees at issue have been paid. Alternatively, any feepayer
may appeal the impact fees determined by the director without first paying the fees,
providing the applicant is willing to provide a satisfactory security of the appealed fee
amount in accordance with the requirements of ACC 17.08.010(A) prior to issuance of
the building permit. Alternatively, any feepayer may appeal the impact fees determined
by the public works director without first paying the fees, providing the applicant is
willing to postpone issuance of the building permit until after the appeal process when
the revised final fee is known.
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
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.
B. There is hereby established a separate impact fee account for the fees collected
pursuant to this chapter: the transportation impact account. Funds withdrawn from this
account must be used in accordance with the provisions of ACC 19.04.110. Interest
earned on the fees shall be retained in the account and expended for the purposes for
which the impact fees were collected.
C. On an annual basis, the financial director shall provide a report to the council on the
transportation impact account showing the source and amount of all moneys collected,
earned, or received, and the transportation 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 extraordinary and compelling reason or reasons for
the delay.
Ordinance No. 6341
March 10, 2011 Page 37 of 67
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
party that voluntarily elects to use the alternative fee payment method specified in
Section 19.04.040 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
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 terminate any or all components of the transportation
impact fee program, all unexpended or unencumbered funds from any terminated
component or components, including interest earned, shall be refunded pursuant to this
section. Upon the finding that any or all fee requirements are to be terminated, the city
shall place notice of such termination and the availability of refunds in a newspaper of
general circulation at least two times and shall notify all potential claimants by first class
mail to the last known address of the claimants. All funds available for refund shall be
retained for a period of one year. At the end of one year, any remaining funds shall be
retained by the city, but must be expended for appropriate transportation system
Ordinance No. 6341
March 10, 2011 Page 38 of 67
improvements. 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. 5763
§ 1, 2003; Ord. 5506 § 1, 2001.)
19.04.110 Use of funds.
A. Pursuantto 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
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.
C. Transportation impact fees may be spent for transportation improvements, including
but not limited to planning, land acquisition, right-of-way acquisition, site improvements,
necessary off-site improvements including mitigation, construction, engineering,
architectural, permitting, financing, and administrative expenses, applicable impact fees
or mitigation costs, and any other expenses which can be capitalized.
D. Impact fees may be used to recoup transportation improvement costs previously
incurred by the city to the extent that new growth and development will be served by the
previously constructed improvements or incurred costs.
E. In the event that bonds or similar debt instruments are or have been issued for the
advanced provision of transportation improvements for which impact fees may be
expended, impact fees may be used to pay debt service on such bonds or similar debt
instruments to the extent that the facilities or improvements provided are consistent with
the requirements of this section and are used to serve the new development. (Ord. 5763
§ 1, 2003; Ord. 5506 § 1, 2001.)
19.04.120 Review and update of impact fees.
A. The fee rate schedules set forth in the fee schedule of the city of Auburn shall be
reviewed periodically by the council.
Ordinance No. 6341
March 10, 2011 Page 39 of 67
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. 6050 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.130 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 43.21 C RCW, based on the environmental documents
accompanying the underlying development approval process, and/or Chapter 58.17
RCW, governing plats and subdivisions; provided, that the exercise of this authority is
consistent with the provisions of RCW 82.02.050(1 }(c}.
B. Captions. The chapter and section captions used in this chapter are for convenience
only and shall not control or affect the meaning or construction of any of the provisions
of this chapter.
C. Severability. If any portion of this chapter is found to be invalid or unenforceable for
any reason, such finding shall not affect the validity or enforceability of any other section
of this chapter.
D. Short Title. This chapter shall be known and may be cited as the "The City of Auburn
Transportation Impact Fee Ordinance." (Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.}
Section 4. Amendment to City Code. That Chapter 19.06 of the Auburn City
Code, entitled `Fire Impact Fee,' regarding the imposition of fire impact fees within the
City of Auburn, is hereby amended to read as follows:
Chapter 19.06
FIRE IMPACT FEE
Sections:
19.06.010 Findings and authority.
19.06.020 Definitions.
19.06.030 Reserved.
19.06.040 Assessment of impact fees.
19.06.050 Independent fee calculations.
19.06.060 Credits and adjustments.
19.06.070 Exemptions.
Ordinance No. 6341
March 10, 2011 Page 40 of 67
19.06.080 Appeals.
19.06.090 Establishment of impact fee account for fire protection.
19.06.100 Refunds.
19.06.110 Use of funds.
19.06.120 Review and update 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
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, 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
on fire protection 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.
Ordinance No. 6341
March 10, 2011 Page 41 of 67
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.
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 def'ned 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
living quarters for one family only.
K. "Encumbered" means to reserve, set aside or otherwise earmark the impact fees in
order to pay for commitments, contractual obligations or other liabilities incurred for fire
protection 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 fire protection
facilities, and which requires the issuance of a building permit. "Feepayer" includes an
applicant for an impact fee credit.
M. "Fire protection facilities" means fire trucks and apparatus, and fire stations, and any
furnishings and equipment that are used with fire trucks and apparatus or fire stations
and which can be capitalized.
Ordinance No. 6341
March 10, 2011 Page 42 of 67
N. "Fire protection project improvements" means site improvements and facilities that
are planned and designed to provide service for a particular development or users of
the project and are not fire protection system improvements. No fire protection
improvement or facility included in a capital facilities plan approved by the council shall
be considered a fire protection project improvement.
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
ACC. Where appropriate, "hearing examiner" also refers to the office of the hearing
examiner.
Q. "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.
T. "Interest" means the interest rate earned by local jurisdictions in the State of
Washington Local Government Investment Pool, if not otherwise defined.
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.
V. "State" means the state of Washington. (Ord. 6287 § 2, 2010; Ord. 5977 § 1, 2005.)
19.06.030 Reserved .
(Ord. 5977 § 1, 2005.)
Ordinance No. 6341
March 10, 2011 Page 43 of 67
19.06.040 Assessment of impact fees.
A. Effective January 1, 2006, the city shall collect 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 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.
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 credits} awarded. (Ord. 5977 § 1, 2005.)
F. For complete sin. le-famil building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011 through
April 4, 2013 and prior to or at the time of issuance of any sin. le-family residential
building permit for a dwelling unit that is being constructed, the applicant ma elect to
record a covenant against title to the property on forms prepared and provided b
City that requires payment of fire impact fees due and owing by providing for automatic
payment through escrow of these fire impact fees due and owing to be paid no later
than at time of closing of the sale of the unit or at final inspection or issuance of
certificate of occupancy or 18 months from the date of issuance of the original building
permit, whichever comes first. Failure to pay shall result in the following
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be b~regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact
Ordinance No. 6341
March 10, 2011 Page 44 of 67
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstandin. 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the r~ og f any future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in Section 19.06.080 shall not apples
determinations made pursuant to this section.
G. For complete multi-famil building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011 through
April 4, 2013 and prior to or at the time of issuance of any multi-family residential
building permit 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 fire impact fees due and owing by providing for automatic payment through
escrow of these fire impact fees due and owing to be paid no later than at time of
closing of the sale of the unit, or at final inspection or issuance of certificate of
occupancy or 18 months from the date of issuance of the original buildin. permit,
whichever comes first. Failure to pay shall result in the following
1. If 30 days after the city has sent the responsible party written notification of its
obli..ation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies, for which a permits) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remainingq unpaid shall constitute a violation occurrin., on the permitted
property(ies) under these sections.
2. Any unpaid char., es adopted by this chapter that are outstandin.. 30 days from the
date the charges are due shall constitute a lien a..ainst the property(ies, for which a
permits) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the rg anting o~y future permits for the lot or
Ordinance No. 6341
March 10, 2011 Page 45 of 67
unit until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in Section 19.06.080 shall not apply to
determinations made pursuant to this section.
H. For non-residential development composed of new development, redevelopment or a
change in use and inclusive of commercial office and retail uses, light and heavy
manufacturing uses but not warehousing and distribution uses and institutional
development including but not limited to public and public schools and colle. es and
hospitals, during the effective period of April 4, 2011 through April 4, 2013 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
fire impact fees due and owin. ,less any credits awarded, no later than prior to issuance
of certificate of occupancy or 18 months from the date of issuance of the ori. ig nal
building permit, whichever comes first. Failure to pay shall result in the following
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pa the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid char., es adopted by this chapter that are outstandin.. 30 days from the
date the charges are due shall constitute a lien a..ainst the property(ies, for which a
permits) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the rg anting o~y future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development char. es are paid in full.
3. The appeals process authorized in Section 19.06.080 shall not apply to
determinations made pursuant to this section.
19.06.050 Independent fee calculations.
A. If, in the judgment of the director, none of the fee categories or fee amounts set forth
in the fee schedule accurately describes or captures the impacts of the new
development, the applicant shall conduct an independent fee calculation and the
Ordinance No. 6341
March 10, 2011 Page 46 of 67
director may impose alternative fees on a specific development based on those
calculations, once accepted by the city.
B. Feepayers may opt not to have the impact fees determined according to the fee
schedule. Such feepayers shall prepare and submit to the director an independent fee
calculation for the development activity for which a building permit is sought. The
documentation submitted shall show the basis upon which the independent fee
calculation was made.
C. A nonreimbursable administrative fee shall be charged for each independent fee
calculation. The fee shall be deposited with the city to pay for city review of the
independent fee calculation upon submittal of the documented independent fee study.
D. After the city completes its review, the actual fees and expenses will be determined
and the cash deposit shall be adjusted to provide for a refund by the city or additional
payment by the feepayer.
E. While there is a presumption that the calculations set forth in the fee schedule are
valid, the director shall consider the documentation submitted by the feepayer, but is not
required to accept such documentation which the director reasonably deems to be
inaccurate or not reliable, and may, in the alternative, require the feepayer to submit
additional or different documentation for consideration. The director is authorized to
adjust the impact fees on a case-by-case basis based on the independent fee
calculation, the specific characteristics of the development, and/or where adjustment is
deemed by the director to be appropriate based on principles of fairness under the
circumstances of the case.
F. Determinations made by the director pursuant to this section may be appealed to the
office of the hearing examiner subject to the procedures set forth in ACC 19.06.080.
(Ord. 5977 § 1, 2005.)
19.06.060 Credits and adjustments.
A. A feepayer can request that a credit or credits for fire protection impact fees be
awarded to him/her for fire protection system improvement projects provided by the
feepayer in excess of the standard requirements for the feepayer's development if the
land, improvements, and/or the facility constructed are identified as fire protection
system improvements that provide capacity to serve new growth in the capital facilities
plan, or the director, at his/her discretion, makes the finding that such land,
improvements, and/or facilities would serve the fire protection goals and objectives of
the capital facilities plan.
Ordinance No. 6341
March 10, 2011 Page 47 of 67
B. For each request for a credit or credits, the director shall determine the value of
dedicated land by using available documentation or selecting an appraiser from a list of
independent appraisers maintained by the department to determine the value of the
land being dedicated. The value of improvements will be determined through
documentation submitted by the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit on account the
estimated cost of the appraisal as determined by the city at the time the feepayer
requests consideration for a credit.
D. After receiving the appraisal, the director shall provide the applicant with a letter or
certificate setting forth the dollar amount of the credit, the reason for the credit, where
applicable, the legal description of the site donated, and the legal description or other
adequate description of the project or development to which the credit may be applied.
The applicant must sign and date a duplicate copy of such letter or certificate indicating
hislher 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 19.06.080.
G. Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate in
the fee schedule has been reasonably adjusted for other revenue sources which are
earmarked for, or proratable to, funding fire protection facilities. (Ord. 5977 § 1, 2005.)
19.06.070 Exemptions.
A. The following shall be exempted from the payment of fire protection impact fees:
1. Replacement of a structure with a new structure of the same size and use at the
same site or lot when such replacement occurs within 12 months of the demolition
or destruction of the prior structure.
2. Alterations or expansion or enlargement or remodeling or rehabilitation or
conversion of an existing dwelling unit where no additional units are created and
the use is not changed.
3. Alterations of an existing nonresidential structure that does not expand the
useable space and that does not involve a change in use.
Ordinance No. 6341
March 10, 2011 Page 48 of 67
4. Miscellaneous improvements, including but not limited to fences, walls,
swimming pools, and signs.
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 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
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.)
19.06.080 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in order
to obtain a building permit. Appeals regarding the impact fees imposed on any
development activity may only be made by the feepayer of the property where such
development activity will occur. No appeal submitted under protest shall be permitted
unless and until the impact fees at issue have been paid. Alternatively, any feepayer
may appeal the impact fees determined by the director without first paying the fees,
providing the applicant is willing to provide a satisfactory security of the appealed fee
amount in accordance with the requirements of ACC 17.08.010(A) prior to issuance of
the building permit. Alternatively, any feepayer may appeal the impact fees determined
by the director without first paying the fees, provided the applicant is willing to postpone
issuance of the building permit until after the appeal process when the revised final fee
is known.
B. Determinations of the director with respect to the applicability of the impact fees to a
given development activity, the availability or value of a credit, or the director's decision
with respect to the independent fee calculation, or any other determination which the
director is authorized to make pursuant to this chapter, can be appealed to the hearing
examiner.
Ordinance No. 6341
March 10, 2011 Page 49 of 67
C. Appeals shall be taken within 10 days of the director's issuance of a written
determination by filing with the office of the hearing examiner a notice of appeal
specifying the grounds thereof and depositing the necessary fee, which is set forth in
the existing fee schedules for appeals of administrative decisions. The director shall
transmit to the office of the hearing examiner all papers constituting the record for the
determination, including, where appropriate, the independent fee calculation.
D. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the
parties in interest, and decide the same as provided in Chapter 18.66 ACC. At the
hearing, any party may appear in person or by agent or attorney.
E. The hearing examiner is authorized to make findings of fact regarding the
applicability of the impact fees to a given development activity, the availability or amount
of the credit, or the accuracy or applicability of an independent fee calculation. The
decision of the hearing examiner shall be final, except as provided in subsection (G) of
this section.
F. The hearing examiner may, so long as such action is in conformance with the
provisions of this chapter, reverse or affirm, in whole or in part, or may modify the
determinations of the director with respect to the amount of the impact fees imposed or
the credit awarded upon a determination that it is proper to do so based on principles of
fairness, and may make such order, requirements, decision or determination as ought to
be made, and to that end shall have the powers which have been granted to the director
by this chapter.
G. Any feepayer aggrieved by any decision of the office of the hearing examiner may
appeal the hearing examiner's final decision as provided in Chapter 18.66 ACC. (Ord.
5977 § 1, 2005.)
19.06.090 Establishment of impact fee account for fire protection.
A. Impact fee receipts shall be earmarked specifically and deposited in special interest-
bearing accounts. The fees received shall be prudently invested in a manner consistent
with the investment policies of the city.
B. There is hereby established a separate impact fee account for the fees collected
pursuant to this chapter: the fire protection facilities impact fee account. Funds
withdrawn from these accounts must be used in accordance with the provisions of ACC
19.06.110. Interest earned on the fees shall be retained in the account and expended
for the purposes for which the impact fees were collected.
C. On an annual basis, the financial director shall provide a report to the council on the
fire protection impact fee account showing the source and amount of all moneys
Ordinance No. 6341
March 10, 2011 Page 50 of 67
collected, earned, or received, and the fire protection 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. 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
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.
C. Owners seeking a refund of impact fees must submit a written request for a refund of
the fees to the director within one year of the date the right to claim the refund arises or
the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been made within this one-
year period shall be retained by the city and expended on the appropriate fire protection
facilities.
E. Refunds of impact fees under this section shall include any interest earned on the
impact fees by the city.
F. If and when the city seeks to terminate any or all components of the fire protection
impact fee program, all unexpended or unencumbered funds from any terminated
component or components, including interest earned, shall be refunded pursuant to this
section. Upon the finding that any or all fee requirements are to be terminated, the city
shall place notice of such termination and the availability of refunds in a newspaper of
general circulation at least two times and shall notify all potential claimants by first class
mail to the last known address of the claimants. All funds available for refund shall be
retained for a period of one year. At the end of one year, any remaining funds shall be
Ordinance No. 6341
March 10, 2011 Page 51 of 67
retained by the city, but must be expended for the appropriate fire protection 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. 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
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.
C. Fire protection facilities impact fees may be spent for fire protection system
improvements, including but not limited to fire trucks, apparatus, and fire stations,
including planning, land acquisition, site improvements, necessary off-site
improvements including mitigation, construction, engineering, architectural, permitting,
financing, and administrative expenses, applicable impact fees or mitigation costs, and
any other expenses which can be capitalized.
D. Impact fees may be used to recoup fire protection system improvement costs
previously incurred by the city to the extent that new growth and development will be
served by the previously constructed improvements or incurred costs.
E. In the event that bonds or similar debt instruments are or have been issued for the
advanced provision of fire protection system improvements for which impact fees may
be expended, impact fees may be used to pay debt service on such bonds or similar
debt instruments to the extent that the facilities or improvements provided are consistent
with the requirements of this section and are used to serve the new development. (Ord.
5977 § 1, 2005.)
Ordinance No. 6341
March 10, 2011 Page 52 of 67
19.06.120 Review and update of impact fees.
A. The fee rate schedules set forth in the fee schedule of the city of Auburn shall be
reviewed by the council no later than two years after the effective date of the attached
fee rate schedule, and no more than every two years thereafter.
B. The fee schedules set forth in the fee schedule of the city of Auburn shall be
reviewed by the council as it may deem necessary and appropriate in conjunction with
the annual update of the capital facilities plan element of the city's comprehensive plan.
(Ord. 5977 § 1, 2005.)
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 43.21 C RCW, based on the environmental documents
accompanying the underlying development approval process, and/or Chapter 58.17
RCW, governing plats and subdivisions; provided, that the exercise of this authority is
consistent with the provisions of RCW 82.02.050(1 }(c}.
B. Captions. The chapter and section captions used in this chapter are for convenience
only and shall not control or affect the meaning or construction of any of the provisions
of this chapter.
C. Severability. If any portion of this chapter is found to be invalid or unenforceable for
any reason, such finding shall not affect the validity or enforceability of any other section
of this chapter. (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:
Chapter 19.08
PARKS IMPACT FEES
Sections:
19.08.010 Findings and authority.
19.08.020 Definitions.
19.08.030 Assessment of impact fees.
19.08.040 Independent fee calculations.
19.08.050 Credits and adjustments.
19.08.060 Exemptions.
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19.08.070 Appeals.
19.08.080 Establishment of impact fee account for parks and recreation.
19.08.090 Refunds.
19.08.100 Use of funds.
19.08.110 Review and update of impact fees.
19.08.120 Miscellaneous provisions.
19.08.010 Findings and authority.
The council of the city of Auburn (the "council") hereby finds and determines that new
growth and residential development in the city of Auburn will create additional demand
and need for parks and recreation facilities in the city of Auburn, and the council finds
that new growth and development should pay a proportionate share of the cost of parks
and recreation facilities needed to serve the new growth and development. The city of
Auburn has conducted a study documenting the procedures for measuring the impact of
new developments on parks and recreation facilities. This study has contributed to the
rates as established in the fee schedule of the city of Auburn. Therefore, pursuant to
Chapter 82.02 RCW, the council adopts this chapter to assess impact fees for parks
and recreation facilities. The provisions of this chapter shall be liberally construed in
order to carry out the purposes of the council in establishing the impact fee program.
(Ord. 6063 § 1, 2006.)
19.08.020 Definitions.
The following words and terms shall have the following meanings for the purposes of
this chapter unless the context clearly requires otherwise. Terms otherwise not defined
herein shall be defined pursuant to RCW 82.02.090 or given their usual and customary
meaning.
A. "Act" means the Growth Management Act, Chapter 36.70A RCW, as now in
existence or as hereafter amended.
B. "Building permit," for the purposes of this chapter only, means an official document or
certification which is issued by the city and which authorizes the construction, alteration,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure.
C. "Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, known as the city of
Auburn parks, recreation and open space plan, and such plan as amended.
D. "Change in use," for the purposes of this chapter, means a different use that qualifies
as asingle- ormultiple-family dwelling as defined in this chapter.
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E. "City" means the city of Auburn.
F. "Council" means the city council of the city of Auburn.
G. "Department" means the department of parks, arts, and recreation.
H. "Development activity" means any construction or expansion of a building, structure,
or use, any change in use of a building or structure, or any change in the use of land
that creates additional demand and need for parks and recreation facilities.
I. "Director" means the director of the department of parks, arts, and recreation or the
director's designee.
J. "Dwelling unit" means a building, or portion thereof, designed for residential
occupancy consisting of one or more rooms which are arranged, designed or used as
living quarters for one family only.
K. "Encumbered" means to reserve, set aside or otherwise earmark the impact fees in
order to pay for commitments, contractual obligations or other liabilities incurred for
parks and recreation facilities.
L. "Feepayer" is a person, corporation, partnership, an incorporated association, or any
other similar entity, or department or bureau of any governmental entity commencing a
land development activity which creates the demand for additional parks and recreation
facilities, and which requires the issuance of a building permit. "Feepayer" includes an
applicant for an impact fee credit.
M. "Grandfathering" means that the existing land use of a developed property in effect
on January 1, 2007, the initial effective date of the impact fees ordinance, is entitled to
system capacity credits determined by the adopted impact fees rate schedule.
N. "Hearing examiner" means the examiner who acts on behalf of the council in
considering and applying land use regulatory codes as provided under Chapter 18.66
ACC. Where appropriate, "hearing examiner" also refers to the office of the hearing
examiner.
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 parks and recreation facilities needed to serve new
growth and development.
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P. "Impact fee account" or "account" means the account established for the parks and
recreation facilities' impact fees collected. The account shall be established pursuant to
ACC 19.08.090 and comply with the requirements of RCW 82.02.070.
Q. "Independent fee calculation" means the parks and recreation impact calculation
prepared by a feepayer to support the assessment of an impact fee other than by the
use of the fee schedule.
R. "Interest" means the interest rate earned by local jurisdictions in the State of
Washington Local Government Investment Pool, if not otherwise defined.
S. "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.
U. "Parks and recreation facilities" means neighborhood and community parks, open
space, recreational trails, athletic fields, swimming pools, and community centers, and
any furnishings and equipment that are used at such locations and which can be
capitalized.
V. "Parks and recreation project improvements" means site improvements and facilities
that are planned and designed to provide service for a particular development or users
of the project and are not parks and recreation system improvements. No parks and
recreation improvement or facility included in a capital facilities plan approved by the
council shall be considered a parks and recreation project improvement.
W. "Parks and recreation system improvements" means parks and recreation facilities
that are either included in the city of Auburn's capital facilities plan andlor 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 aone-family dwelling, if sited per Chapter 18.31 ACC.
Y. "State" means the state of Washington.
Z. "Surplus credits" means credits over and above those calculated as an impact fee.
For example:
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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. (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.
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.
E. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.08.050 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.08.050 setting forth the dollar amount of the credit
awarded. Impact fees, as determined after the application of appropriate credits, shall
be collected from the feepayer at the time the building permit is issued.
F. The department shall not issue a building permit unless and until the impact fees
have been paid or credits} awarded. (Ord. 6063 § 1, 2006.}
G. For complete single-famil building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011 through
April 4, 2013 and prior to or at the time of issuance of any sin. le-family residential
building permit for a dwelling unit that is being constructed, the applicant ma elect to
record a covenant against title to the property on forms prepared and provided b
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City that requires payment of parks impact fees due and owing, less an credits
awarded, by providing for automatic payment through escrow of these development
charges due and owing to be paid no later than at time of closing of the sale of the unit
or at final inspection or issuance of certificate of occupancy or 18 months from the date
of issuance of the original building permit, whichever comes first. Failure to pay shall
result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstandin. 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the r~ og f any future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development char. es are paid in full.
3. The appeals process authorized in Section 19.08.070 shall not apply to
determinations made pursuant to this section.
H. For complete multi-family building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011 through
April 4, 2013 and prior to or at the time of issuance of any multi-family residential
buildingpermit 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 parks impact fees due and owin.. ,less any credits awarded, by providingq for
automatic payment through escrow of these development charges due and owin., tq o be
paid no later than at time of closing of the sale of the unit or at final inspection or
issuance of certificate of occupancy or 18 months from the date of issuance of the
original buildincLpermit, whichever comes first. Failure to pay shall result in the
followin
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains
unpaid, the responsible party shall be subject to the enforcement provisions of ACC
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1.25.030 and 1.25.065. Written notification shall be by regular and certified mail and
to the most current available contact information on file with the city. For the
purposes of appl l~ inq ACC 1.25.030 and 1.25.065, the responsible party
constitute a property owner, the property(ies) for which a permit(s) has been issued
shall constitute the property(ies) on which the violation is occurring, and the impact
fee amount remaining unpaid shall constitute a violation occurring on the permitted
property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstandin. 30 days from the
date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection 1, the city may record a lien against the permitted
property(ies) in the amount of the unpaid charges and may immediately suspend
any permits previously issued for the lot or unit associated with the current
development activity and shall limit the r~ og f any future permits for the lot or
unit until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in Section 19.08.070 shall not apples
determinations made pursuant to this section.
19.08.040 Independent fee calculations.
A. If, in the judgment of the director, none of the fee categories or fee amounts set forth
in the fee schedule accurately describes or captures the impacts of the new
development, the applicant shall conduct an independent fee calculation and the
director may impose alternative fees on a specific development based on those
calculations, once accepted by the city.
B. Feepayers may opt not to have the impact fees determined according to the fee
schedule. Such feepayers shall prepare and submit to the director an independent fee
calculation for the development activity for which a building permit is sought. The
documentation submitted shall show the basis upon which the independent fee
calculation was made.
C. A nonreimbursable administrative fee shall be charged for each independent fee
calculation. The fee shall be deposited with the city to pay for city review of the
independent fee calculation upon submittal of the documented independent fee study.
D. After the city completes its review, the actual fees and expenses will be determined
and the cash deposit shall be adjusted to provide for a refund by the city or additional
payment by the feepayer.
E. While there is a presumption that the calculations set forth in the fee schedule are
valid, the director shall consider the documentation submitted by the feepayer, but is not
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required to accept such documentation which the director reasonably deems to be
inaccurate or not reliable, and may, in the alternative, require the feepayer to submit
additional or different documentation for consideration. The director is authorized to
adjust the impact fees on a case-by-case basis based on the independent fee
calculation, the specific characteristics of the development, and/or where adjustment is
deemed by the director to be appropriate based on principles of fairness under the
circumstances of the case.
F. Determinations made by the director pursuant to this section may be appealed to the
office of the hearing examiner subject to the procedures set forth in ACC 19.08.070.
(Ord. 6063 § 1, 2006.)
19.08.050 Credits and adjustments.
A. A feepayer can request that a credit or credits for parks and recreation impact fees
be awarded to him/her for parks and recreation improvement projects provided by the
feepayer in excess of the standard requirements for the feepayer's development if the
land, improvements, and/or the facility constructed are identified as parks and
recreation system improvements that provide capacity to serve new growth in the
capital facilities plan, or the director, at his/her discretion, makes the finding that such
land, improvements, and/or facilities would serve the parks and recreation goals and
objectives of the capital facilities plan.
B. For each request for a credit or credits, the director shall determine the value of
dedicated land by using available documentation or selecting an appraiser from a list of
independent appraisers maintained by the department to determine the value of the
land being dedicated. The value of improvements will be determined through
documentation submitted by the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit on account the
estimated cost of the appraisal as determined by the city at the time the feepayer
requests consideration for a credit.
D. After receiving the appraisal, the director shall provide the applicant with a letter or
certificate setting forth the dollar amount of the credit, the reason for the credit, where
applicable, the legal description of the site donated, and the legal description or other
adequate description of the project or development to which the credit may be applied.
The applicant must sign and date a duplicate copy of such letter or certificate indicating
his/her 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.
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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
the fee schedule has been reasonably adjusted for other revenue sources which are
earmarked for, or proratable to, funding parks and recreation facilities.
H. In order to grandfather the capacity rights of existing developments, the director will
utilize the adopted rates to calculate any impact fee credits and to determine any
surplus credits for off-site system improvements made by the property owner.
Only in a situation when a property owner makes off-site system capacity improvements
that qualify in accordance with subsection A of this section will any surplus credits
(value computed during the permit year and not adjusted for inflation) remain with the
property or any subdivision of that property to benefit future development where a parks
and recreation impact fee is determined to be due. (Ord. 6063 § 1, 2006.}
19.08.060 Exemptions.
A. The following shall be exempted from the payment of parks and recreation impact
fees:
1. Replacement of a structure with a new structure of the same use at the same
site or lot when such replacement occurs within 12 months of the demolition or
destruction of the prior structure.
2. Alterations or expansion or enlargement or remodeling or rehabilitation or
conversion of an existing dwelling unit where no additional units are created and
the use is not changed.
3. Miscellaneous improvements, including but not limited to fences, walls,
swimming pools, and signs.
4. A change in use where the increase in housing capacity is less than the
threshold stated in ACC 19.08.030(6).
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
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fee rate schedule and subsequently determined to be a complete application by
the city.
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 19.08.070. (Ord. 6063 § 1,
2006.)
19.08.070 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in order
to obtain a building permit. Appeals regarding the impact fees imposed on any
development activity may only be made by the feepayer of the property where such
development activity will occur. No appeal submitted under protest shall be permitted
unless and until the impact fees at issue have been paid. Alternatively, any feepayer
may appeal the impact fees determined by the director without first paying the fees,
providing the applicant is willing to provide a satisfactory security of the appealed fee
amount in accordance with the requirements of ACC 17.08.010(A) prior to issuance of
the building permit. Alternatively, any feepayer may appeal the impact fees determined
by the director without first paying the fees, provided the applicant is willing to postpone
issuance of the building permit until after the appeal process when the revised final fee
is known.
B. Determinations of the director with respect to the applicability of the impact fees to a
given development activity, the availability or value of a credit, or the director's decision
with respect to the independent fee calculation, or any other determination which the
director is authorized to make pursuant to this chapter, can be appealed to the hearing
examiner.
C. Appeals shall be taken within 10 days of the director's issuance of a written
determination by filing with the office of the hearing examiner a notice of appeal
specifying the grounds thereof and depositing the necessary fee, which is set forth in
the existing fee schedules for appeals of administrative decisions. The director shall
transmit to the office of the hearing examiner all papers constituting the record for the
determination, including, where appropriate, the independent fee calculation.
D. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the
parties in interest, and decide the same as provided in Chapter 18.66 ACC. At the
hearing, any party may appear in person or by agent or attorney.
E. The hearing examiner is authorized to make findings of fact regarding the
applicability of the impact fees to a given development activity, the availability or amount
of the credit, or the accuracy or applicability of an independent fee calculation. The
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decision of the hearing examiner shall be final, except as provided in subsection G of
this section.
F. The hearing examiner may, so long as such action is in conformance with the
provisions of this chapter, reverse or affirm, in whole or in part, or may modify the
determinations of the director with respect to the amount of the impact fees imposed or
the credit awarded upon a determination that it is proper to do so based on principles of
fairness, and may make such order, requirements, decision or determination as ought to
be made, and to that end shall have the powers which have been granted to the director
by this chapter.
G. Any feepayer aggrieved by any decision of the office of the hearing examiner may
appeal the hearing examiner's final decision as provided in Chapter 18.66 ACC. (Ord.
6063 § 1, 2006.)
19.08.080 Establishment of impact fee account for parks and recreation.
A. Impact fee receipts shall be earmarked specifically and deposited in special interest-
bearing accounts. The fees received shall be prudently invested in a manner consistent
with the investment policies of the city.
B. There is hereby established a separate impact fee account for the fees collected
pursuant to this chapter: the parks and recreation facilities impact fee account. Funds
withdrawn from these accounts must be used in accordance with the provisions of ACC
19.08.100. Interest earned on the fees shall be retained in the account and expended
for the purposes for which the impact fees were collected.
C. On an annual basis, the financial director shall provide a report to the council on the
parks and recreation impact fee account showing the source and amount of all 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
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
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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 right on a form prepared and provided by the City to recovery of
park 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 the appropriate parks and
recreation facilities.
E. Refunds of impact fees under this section shall include any interest earned on the
impact fees by the city.
F. If and when the city seeks to terminate any or all components of the parks and
recreation impact fee program, all unexpended or unencumbered funds from any
terminated component or components, including interest earned, shall be refunded
pursuant to this section. Upon the finding that any or all fee requirements are to be
terminated, the city shall place notice of such termination and the availability of refunds
in a newspaper of general circulation at least two times and shall notify all potential
claimants by first class mail to the last known address of the claimants. All funds
available for refund shall be retained for a period of one year. At the end of one year,
any remaining funds shall be retained by the city, but must be expended for the
appropriate parks and recreation facilities. This notice requirement shall not apply if
there are no unexpended or unencumbered balances within an account or accounts
being terminated.
G. The city shall also refund to the developer of property for which impact fees have
been paid all impact fees paid, including interest earned on the impact fees, if the
development activity for which the impact fees were imposed did not occur. (Ord. 6063
§ 1, 2006. )
19.08.100 Use of funds.
A. Pursuant to this chapter, impact fees:
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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 fees may be spent for parks and recreation
system improvements, including but not limited to neighborhood and community parks,
recreational trails, athletic fields, swimming pools, and community centers, including
planning, land acquisition, site improvements, necessary off-site improvements
including mitigation, construction, engineering, architectural, permitting, financing, and
administrative expenses, applicable impact fees or mitigation costs, and any other
expenses which can be capitalized.
D. In the event that bonds or similar debt instruments are or have been issued for the
advanced provision of parks and recreation system improvements for which impact fees
may be expended, impact fees may be used to pay debt service on such bonds or
similar debt instruments to the extent that the facilities or improvements provided are
consistent with the requirements of this section and are used to serve the new
development. (Ord. 6063 § 1, 2006.)
19.08.110 Review and update of impact fees.
A. The fee rate schedules set forth in the fee schedule of the city of Auburn shall be
reviewed by the council no later than two years after the effective date of the fee rate
schedule attached to the ordinance codified in this chapter, and no more than every two
years thereafter.
B. The fee schedules set forth in the fee schedule of the city of Auburn shall be
reviewed by the council as it may deem necessary and appropriate in conjunction with
the annual update of the capital facilities plan element of the city's comprehensive plan.
(Ord. 6063 § 1, 2006.)
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
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Policy Act, Chapter 43.21C RCW, based on the environmental documents
accompanying the underlying development approval process, and/or Chapter 58.17
RCW, governing plats and subdivisions; provided, that the exercise of this authority is
consistent with the provisions of RCW 82.02.050(1 }(c}.
B. Captions. The chapter and section captions used in this chapter are for convenience
only and shall not control or affect the meaning or construction of any of the provisions
of this chapter.
C. Severability. If any portion of this chapter is found to be invalid or unenforceable for
any reason, such finding shall not affect the validity or enforceability of any other section
of this chapter.
D. Short Title. This chapter shall be known and may be cited as "the city of Auburn
parks and recreation impact fee ordinance." (Ord. 6063 § 1, 2006.)
Section 6. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section Severabili The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, 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, orthe validity of its application to other persons or circumstances.
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Section 8. Effective date. This Ordinance shall take effect and be in force
on April 4, 2011 after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
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