HomeMy WebLinkAbout6792 ORDINANCE NO. 6792
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON AMENDING CHAPTER 19.04
TRANSPORTATION IMPACT FEES OF THE AUBURN CITY
CODE
WHEREAS, the City of Auburn authorizes transportation impact fees under
Chapter 19.04 of the Auburn City Code ("ACC") for changes in land use that cause
impacts to the City's transportation network; and,
WHEREAS, City staff recommends the following changes: a) change to the
definitions to include vacant parcels, which can be used as parking lots and therefore,
have an impact on the transportation system, and further recommends modification to the
definitions in ACC 19.04.020; b) update the definitions for gross floor area and gross
leasable area to be identical as the one in the ITE Trip Generation Handbook; c) allowing
the assessment of impact fees where a change in use increases the impact to the
transportation system; d) clarifying that applicants shall conduct an independent study, if
required by the director, and pay for the study in advance of City review; e) adopting the
ITE Trip Generation Handbook; f) further defining applicable exemptions; g) clarifying
processes and making other necessary updates to code language; h) update the section
addressing when impact fees are assessed; and i) remove sections that have expired.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 19.04 of the Auburn City Code
is amended to read as shown in Exhibit A.
Ordinance No. 6792
October 19, 2020
Page 1 of 2 Rev.2019
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. 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 of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
OCT 1 9 2020
INTRODUCED:
PASSED: OCT 1 9 2020
OCT 1 9 2020
APPROVED:
ANC CKUS, MA OR
ATTEST: APPROVE AS TO FORM:
--
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PublishedVAAV nxo sal& t.ksvt,
Ordinance No. 6792
October 19, 2020
Page 2 of 2 Rev.2019
ORD 6792
EXHIBIT A
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.
1 Code reviser's note: The fee schedule of the city of Auburn, mentioned throughout this
chapter, is available in the city clerk's office for public review and examination.
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
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. 6341 § 3, 2011; 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 is defined as: 1) an
official document or certification which is issued by the city that and which authorizes
the construction, alteration, enlargement, conversion, reconstruction, remodeling,
rehabilitation, erection, demolition, moving relocation, or repair of a building or structures
ec-2) a business license issued by the cGity associated with a change in building
occupancy of an existing building or structure;; or (3) a change in land use where no
building permit is required.
. In the case of increased impacts on transportation facilities caused by a change in use
required, the term "building permit" shall specifica GIude-bu iness 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 fany construction or expansion of a building
structures; 2) or use, any change in use occupancy of a building or structures; or 3jany
change in the use of landland use. that creates additional demand and need for
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 NW/NE 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)" •• - • • - e - e -- - __ _ _ _ _ • . . :, - . . -
or use, including accessory uscsmeans the sum of the area of each floor level of a
building (expressed in square feet), including cellars, basements, mezzanines,
penthouses, corridors, lobbies, stores, and offices, that are within the principal outside
faces of exterior walls, not including architectural setbacks or projections. Included are
all areas that have floor surfaces with clear standing head room (6ft 6in min.) regardless
of use. With the exception of buildings containing enclosed malls or atriums, GFA is
equal to the gross leasable area (GLA) and gross rentable area.
N. "Gross leasable area (GLA)" means the total floor area designed for tenant
occupancy and exclusive use, including any basements, mezzanines, or upper floors,
expressed in square feet. 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 for the property owner.
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 2.46
ACC. Where appropriate, "hearing examiner" also refers to the office of the hearing
examiner.
P. "Impact fee" means-a a required payment of money imposed by the city of Auburn
on development activity pursuant to this chapter as a condition of issuing a building
permits _ e _ __•• -• - et _ - e _ 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
current ITE Trip Generation Manual .
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 a one-family dwelling, if sited per Chapter 18.31 ACC.
X. "Square footage" means the square footage of the gross floor area or gross floor
leasable area of the development.
Y. "State" means the state of Washington.
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.
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 Trip Generation
Manual or by an independent fee calculation-
EE. "ITE Trip Generation Manual" means the most current edition of 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 Street/East 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" m ans the area defined by the boundary of
North Division Street to the east.
HFFJ "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:
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:
ww%
Auburn
t
r
(Ord. 6341 § 3, 2011; 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. 6341 § 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.040 Assessment of impact fees.
A. Effective July 1, 2001, tThe city shall collect impact fees, based on its the fee
schedule of the city of Auburn, as a condition of issuing ance for from any applisaat
seeking a building permit _ • • e _• _ _ _ • - _ - ' • • • •'• -- •
B. Effective May 19, 2003, where a change in use increases the trip generation by
e•- - -- • , •- - - - •- - -• -- - •-
impact fee based on the increases in the trip generation rate.
BG. The director shall apply a heavy truck adjustment factor to the transportation
impact fees for industrial land uses categorized as industrial in the ITE Trip Generation
Manual, 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.
CO. Except when fees are deferred, Tthe amount of impact fees shall be
lowest rate in effect betweenassessed at the time an applicant submits a complete
application for a building permit and the time ofat the time of building permit issuance, 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. Should the scope
of the development change after permit application and prior to fee payment, the
amount of the impact fees will be adjusted to the fees in effect at the time of payment.
When fees are deferred pursuant to ACC 19.04.040(H, I, or J), the assessment will be
based on the fees in effect at the time payment.
DE. Payment of impact fees shall be made by the feepayer at the time the building
permit is issued, unless fees are deferred pursuant to this chapter. .
=- - - •- :- _ -: e - - -- •-- • - • - - -e•- e - - _ :: -- - -
the building permit before the city established the impact fee rates.
EF. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.04.060 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.04.060 setting forth the dollar amount of the credit
awarded. Impact fees, as determined after the application of appropriate credits, shall
be collected from the feepayer at the time the building permit is issued.
G. The department shall not issue a building permit unless and until the impact fees
have been paid or credit(s) awarded.
FH. For complete single-family building permit applications for new development,
redevelopment or a change in use, and at or before issuance of
any single-family residential building permit for a dwelling unit that is being constructed,
the applicant may elect to record a covenant against title to the property on forms
prepared and provided by the city. The forms shall 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: a) at
time of closing of the sale of the unit; b) or-at final inspection or issuance of certificate
of occupancy; or c)or-18 months from the date of issuance of the original building
permit was issued, whichever comes first. Failure to pay shall result in the following:
1. If the full amount of any fees required by this chapter remains unpaid 30 days
after the city has sent written notification of the payment obligation to the
responsible party, then -• _ ' __ _ _ _ _ _ _ _ _ __ _ _ _
- - _ ' e - - _•. . - • - . _ _. -• _ • . • -- e, 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 responsible
party's most current mailing address . • . . - __ • - . •• _ - e• 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 under adopted-by this chapter that are outstanding 30 days
after their due from the date the charges are due shall constitute a lien against the
property(ies)for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (H)(1) of this section, the
city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for the
lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section.
G1. For complete multifamily building permit applications for new development,
redevelopment or a change in use, and at or before prior to or at the time of issuance of
any multifamily 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. The forms shall require that requires payment of transportation impact fees
due and owing by providing-for-automatic payment through escrow-of-these t
._ _ •_ ._ _ -- _ . _ • _ _ . _ _ ._ . no later than: a) closing of the sale
of the unit; b) at final inspection or issuance of certificate of occupancy; or c) 18
months from the date the original building permit was issued, whichever comes first. at
Failure to pay shall result in the following:
1. If the full amount of any fees required by this chapter remaines unpaid 30 days
after the city has sent written notification of the payment obligation to the
responsible party, then ' -• _ • -- •-• - ' - - -- - • - -- - - .•. -
_ _ ' • __ - _• _ _ _ • - _ _ _ _ • _ _ _ _ • _. e, 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 am-to the responsible
party's most current mailing address . .' .e - .- • . . - e _ •e• 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 under adey-this chapter that are outstanding 30 days
after from their due date the charges are due shall constitute a lien against the
property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (1)(1) of this section, the
city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for the
lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section.
HJ. For nonresidential development composed of:
new development, or
b) redevelopment or a change in use that includes
(1)and inclusive of commercial office and retail uses, and;
(2) light and heavy manufacturing uses, but exciudesing
awarehousing and distribution uses; and
(ii) institutional development including but not limited to public and private schools
and colleges and hospitals),
and before prior to the issuance of any permit application and following the execution of
a payment agreement on forms prepared and provided by the city, the applicant may
elect to pay transportation impact fees due and owing, less any credits awarded, no
later than before pries-te-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 the full amount of any fees required by this chapter remains unpaid 30 days
after the city has sent written notification of the payment obligation to the
responsible party, then -- _ ' __ •_• _ _ _ __ _ e e- - - _ _
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 responsible
party's most current mailing address - _. _ _ - ._ _ _ •• e _ •e• 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 under adopted by this chapter that are outstanding 30 days
after their due date from the date the charges are due shall constitute a lien against
the property(ies) for which a permit(s) has been issued in the amount of the unpaid
charges. In addition to the actions authorized in subsection (J)(1) of this section, the
city may record a lien against the permitted property(ies) in the amount of the
unpaid charges and may immediately suspend any permits previously issued for the
lot or unit associated with the current development activity and shall limit the
granting of any future permits for the lot or unit until such time that all outstanding
water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section. (Ord. 6583 § 1, 2016; Ord. 6455 § 3,
2013; Ord. 6341 § 3, 2011; Ord. 6005 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5506
§ 1, 2001.)
19.04.050 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories set forth in the fee
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. Fecpayers may opt not to have the impact fccs determined according to the
attached schedule. Such fcepayers shall prepare and submit to the director an
sought,
BG. The documentation submitted and supporting an independent fee calculation shall
clearly show PM peak hour trip generation characteristics of the proposed development
activity based on industry-accepted standards as articulated in the ITE trip generation
manual. 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.
CO. A non-reimbursable administrative fee shall be charged for each independent fee
calculation. Payment of theThe fee is required prior shall be deposited with the city to
pay for Csity review of the independent fee- study_- -. _ .e- . e_• .e••• . e • -
documented independent fee study.
DE. After the city completes its review, the actual fees and expenses will bo
additional payment by the feepayer.
ER While there is a presumption that the calculations set forth in the city's fee
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.
FG. 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. 6341 § 3, 2011; 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.
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 request claim for credit must be made keno later than the time of application
for a building permit, or it . 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 city's fee schedule 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. 6341 § 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1,
2001.)
19.04.070 Exemptions.
A. The following shall be exemptted 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, or rehabilitation, or conversion
of an existing dwelling unit where no additional dwelling units are created and the
land use category in the ITE Trip Generation Handbooktise is not changed.
3. Alterations of an existing non:residential structure that does not increase the
GFA or GLA.cxpand the usable 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 lee's than
the threshold stated in ACC 19.04.040(B).
56. Demolition, or moving relocation of a structure out of the sityCity.
7. 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(l); provided, that this exemption shall sunset on June 30, 2007, unless
otherwise extended by the city council.
19.04.020(FF); provided, that this exemption shall sunset on December 31, 2017,
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;
e • • _ . - •_ II• - -
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. 6637 § 1,
2017; Ord. 6526 § 1, 2014; Ord. 6412 § 1, 2012; Ord. 6341 § 3, 2011; Ord. 6308 § 1,
2010; 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
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 17.14.010(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, 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. 1) Appeals of the public works directors decisions determinations under 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 2.46 ACC. Determinations
on-Aappeals to the hearing examiner shall be based on whether the decision being
appealed was consistent with applicable state law and city codes. 2) The hearing
examiner's determination shall be final unless appealed to the superior court for of-the
county in which the property subject to of-the transportation impact fees is located_.
Appeals to superior court shall comply with • •'• e A - e- • • - --e e- • - •
the procedures in RCW 34.05.510 through 34.05.598, and shall beappeal
being-filed with the city clerk within 30 days after issuance of the hearing examiner's
determination.decision of the hearing examiner. (Ord. 6341 § 3, 2011; 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 fec receipts shall be armarkcd 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.
A . There is hereby established a separate transportation impact account impact fee
account for the fees collected pursuant to this chapter_:
account. Impact fee receipts shall be earmarked specifically and deposited in this
account. The fees received shall be prudently invested in a manner consistent with the
investment policies of the city. 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.
B . On an annual basis, tThe financial director shall provide an annual 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 ten (10) six years of receipt,
unless the council identifies in written findings extraordinary and compelling reason or
reasons for the delay.
E. In order to comply with RCW 82.02.060(2), impact fees for development activity in
accounts during the exemption period set forth in ACC 19.0,1.070 (A)(8). (Ord. 6341 § 3,
2011; 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 paid by a property owner
under r this chapter within-six ten (10) years of paymentwhen the fees were paid, or
within such other time periods pursuant to ACC 19.04.090 where extraordinary or
compelling reasons exist, such other time periods as established pursuant to ACC
19.0,1.090, the current owner of the property for on-which the impact fees were have
been-paid may receive a refund of suctheh-fees. • : - - ••' •e -- - - --
have been expended or encumbered, !impact fees shall be considered expended or
encumbered on a first-in, first-out basis, unless ; provided, that any party that-voluntarily
elects to use the alternative fee payment method specified in ACC 19.04.040. If
electing the alternative fee payment method, the party shall waive any right to recover
transportation fees not expended or encumbered within the above time frames. sign as
B. The city shall notify potential refund 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. If 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 their 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
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. 6341
§ 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
19.04.110 Use of funds.
A. Pursuant to this chapter, transportation impact fees:
1. Shall be used for transportation improvements that will reasonably benefit the
new development; and
2. Shall not be imposed to make up for deficiencies in transportation facilities
serving existing developments; and
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. 6341
§ 3, 2011; 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.
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. 6341 § 3, 2011; 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. 6341 § 3, 2011; Ord. 5763 § 1,
2003; Ord. 5506 § 1, 2001.)