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BURN
WASHINGTON
Memorandum
TO: Councilmember Lynn Norman, Chair, Planning & Community Development Committee
Councilmember Nancy Backus, Vice-Chair, Planning & Community Development Committee
Councilmember Rich Wagner, Planning & Community Development Committee
CC: Mayor Pete Lewis
FROM: Kevin Snyder, AICP, Director, Planning & Development Department
DATE: December 8, 2010
SUBJECT: DISCUSSION & INFORMATION: Ordinance No. 6341 - Fee Deferrals
Please Note: Subsequent to the issuance of draft Ordinance No. 6341 and this associated memorandum for
the cancelled November 22, 2010 Committee meeting, staff have worked on refinements to the draft
Ordinance. These refinements are intended to clarify requirements, fix grammatical errors and update as
needed to reflect staff's further consideration of certain issues. These changes are represented by double
underlined text that are new text additions and double strike-out text that are text deletions.
Following the economic downtown in 2009, several cities and counties in the Puget Sound have passed
ordinances authorizing the deferral of the payment of residential oriented impact fees and/or system
development charges to later in the development process rather than payment of time of building permit
issuance. These communities have included the Cities of Federal Way, Kent, Kirkland Sammamish and
Snohomish County. The Cities of Renton and Maple Valley are currently evaluating the potential of fee
deferrals and may take action at the end of the year or early in 2011. Staff has also identified that other
communities in other parts of the state are currently evaluating the potential implementation of fee deferral
opportunities. At the request of Mayor Lewis, staff evaluated the potential applicability of fee deferrals in the
City of Auburn.
Similar to other communities, the City of Auburn has been impacted by the national economic downturn that
has impacted the local economy. These impacts have included a diminishing number of residential units being
built, a diminishing number of new non-residential projects being built and diminishing occurrences of
expansions of existing non-residential development. These impacts adversely impact the City's residential and
non-residential development inventory, employment opportunities and revenue for the provision of government
services. As the Planning and Community Development Committee is aware, the City has very few incentive
tools in economic development toolbox. The deferral of impact fees and system development charges is one of
these tools that can effectively assist owners, developers and builders in this difficult economic climate where
financial lending institutions have increased their lending standards that make the payment of some of these
fees at time of permit issuance more difficult to finance now than just a few years ago.
Staff have prepared a draft ordinance - refer to attached draft Ordinance No. 6341 - allowing 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.
Staff recommends that that fee deferral opportunities in the City of Auburn be applied to both residential and
non-residential development as identified above. This broader application than some other communities have
taken is a positive economic development action that will distinguish the City of Auburn in the highly
competitive regional marketplace and be an effective community marketing tool.
ORDINANCE NO. 6 3 4 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTERS
13.41, 19.02, 19.04, 19.06 AND 19.08 OF THE AUBURN
CITY CODE
WHEREAS, RCW 82.02 authorizes the City Council to establish and implement
impact fees for parks, transportation, school and fire
bears a proportionate share of the cost of capital
demands for park, transportation, schools and fire serv
and development.; and
WHEREAS, the City Council has previ
that it is reasonable and in the
e that new development
itures necessary to meet the
with new growth
ined through ordinance action
and impose a utility systems
re of the costs of providing
or revised uses of existing
s utility for the cost of construction of
storm drainage facilities from those
ment and use create direct or indirect needs for
of the current downtown in the local economy, a
ential units are being built, a diminishing number of new
non-residential projects are being built and a diminishing number of expansions of
existing non-residential development are occurring, all of which adversely impact the
City's residential and non-residential development inventory, employment opportunities
and revenue for government services; and,
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 1 of 63
WHEREAS, unless the City acts, the residential and non-residential markets
within the City may continue to languish and adverse consequences of decreased
revenues, limited residential and non-residential permit activities, abandoned projects,
and underutilized land will occur; and,
WHEREAS, the City Council finds that a need exists to amend certain chapters
of the Auburn City Code to provide more flexibility to applicants for residential and non-
residential development on the timing of payment of impact fees and system
development charges; and,
WHEREAS, the ordinance am
exempt from State Environmental Policy Act (
WHEREAS, the City Coun
City Code to be consistent with and
Plan; and,
le
ds that it is in the interest of the public
health, safes
development
NOW,
and welfare
WASHINGTON, DO
pt this ord
intent of the City's Comprehensive
to promote continued economic
E CITY COUNCIL OF THE CITY OF AUBURN,
follows..
Section 1. Amendment to City Code. That Chapter 13.41 of the Auburn City
Code, entitled `Utility Systems Development Charge,' regarding the imposition of utility
systems development charges within the City of Auburn, is hereby amended to read as
follows..
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 2 of 63
WHEREAS, the Auburn C
Chapter 13.41
UTILITY SYSTEMS DEVELOPMENT CHARGE
Sections:
13.41.010 Definitions.
1. Water system infrastructure including: water sources, treatment facilities,
interties, pump stations, pressure reducing stations, standby generators,
appurtenances
needed for
uding: lift stations, standby generators,
nances needed to collect and transport
eliminate a storm and sanitary sewer
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
December 6. 2010, Pla •em"m" 4.
Page 3 of 63
C. "Utility systems development charge" is a charge imposed on new customers, or
existing customers revising use of their property, in recognition of the previous
investment of the city and its customers in the utility systems. (Ord. 6283 § 2, 2009;
Ord. 5801 § 17 2003; Ord. 4830 § 17 1996; Ord. 4479 § 27 1990; Ord. 3510 § 27 1980.)
2, 1990; Ord. 3510 § 1, 1980.)
except those
set forth on th
B. The utility systems development charge as set forth in the city fee schedule will be
computed to consider the future and/or current value of the utility system's fixed assets,
excluding contributions by developers, and outstanding bonded indebtedness, and will
also consider an appropriate service unit.
C. The utility systems development charge imposed shall be reviewed annually by the
city council and the charges may be revised to reflect changes in utility asset value,
depreciation of the utility system fixed assets, bonded indebtedness, and the number of
ERU, RCE or ESU customers served. (Ord. 5819 § 4, 2004; Ord. 5801 § 1, 2003; Ord.
5709 § 17 2002; Ord. 5619 § 27 2001; Ord. 5125 § 2, 1998; Ord. 4830 § 17 1996; Ord.
4479 §27 1990; Ord. 3510 § 17 1980.)
Ordinance No. 6341
December 6. 2010, 4.
Page 4 of 63
13.41.040 Collection.
The water, sanitary sewer and storm drainage utilities systems development charges
are immediately due and payable upon obtaining a permit for connection to the city
utility. Systems development charges for parcels that will utilize infiltration for storm
water disposal are immediately due and payable upon obtaining a building permit to
develop the parcel. (Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990;
Ord. 3610 § 27 1981; Ord. 3510 § 47 1980.)
For residential development
, during the effective
period
of 2010 through
2012 and p
rior to issuance of a
permit a
pplication, the applicant may
elect to record a covenant a
gainst title to the prop
erty on
forms prepared and provided
by the City that requires
payment of water,
sanitary
sewer and storm drainage
development charges due
and owing, less any
credit
s awarded, by providing for
automatic Davment throuah escrow of these devel
opment
charaes due and owina to be
comes first. Failure to pay at time of certificate of occupancy shall constitute a breach of
contract subject to legal action by the City, shall immediately suspend any and all
permits previously issued associated with the current development action and shall limit
the granting of any future permits until such time that all outstanding water, sanitary
sewer and storm drainage development charges are paid in full.
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
Ordinance No. 6341
December 6. 2010, 4.
Page 5 of 63
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 § 57 1980.)
13.41
The utility syste
and in addition
provided by law.
3510 § 8, 1980.)
is
wi
the
charge provided for in this chapter is separate from
fle tax, assessment charge, or other fee otherwise
2003; Ord. 4830 § 1, 1996; Ord. 4493 § 2, 1991; Ord.
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:
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 6 of 63
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.
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. Ye
19.02.090
19.02.100
19.02.110
19.02.115
19.02.120
19.02.130
19.02.140
Adjustments, exceptions and appeals.
Impact fee accounts and refunds.
Impact fee formula.
Impact fee calculation and schedule fo
Impact fee calculation and schedule fo
Impact fee calculation and schedule fo
Impact fee calculation and schedule fo
continuing growth and development in
demand for school facilities, and that
proportionate share of the cost of
development on sch(
share of the cost of
order to protect the pi
19.02.020 Definitions.
For purposes of this cha
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;
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 7 of 63
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;
8. An identification of deficiencies
populations and the means by which
a reasonable period of time; and
9. Any other long-ra
improvemen
ects
di
F. "Construction cost per student" means the estimated cost of construction of a
permanent school facility in the district for the grade span of school to be provided, as a
function of the district's design standard per grade span.
in school facilities serving the student
existina deficiencies will be eliminated within
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 8 of 63
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.
1. "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
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
successor entities.
K. "Elderly" means a person aged 55 or
L. "Encumbered" means to reserve, set aside, or o
pay for commitments, contractual obligations, or
facilities as set out in the adopted capital facilities pl
M. "Grade span" n
students; e.g., elem
N. "Impact fee" means
of development appro
development that is re
demand and
school faciliti
development.
0. "Impact fee sched
development that shal
into
ieringer School District or
e earmark the impact fees to
liabilities incurred for public
district groups its grade of
d high school.
the impact fees to be charged per dwelling unit of
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.
categori
dle or ju
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 9 of 63
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.
V. "Standard of service" means
program year, the class size by
students with special needs, the
believes will best serve its stuc
district. The district's standard
classrooms housed in relocatak
any other specialized
W. "Student fa
students of ea(
factors shall bE
comparable de
the date of the
district, data from adj,:
wide averages may be
separately determined
spans.
r the district which identifies the
stricts, or districts with similar demographics or county-
Student factors must be updated on an annual basis and
gle-family and multifamily dwelling units and for grade
X. "Transitional facilities" means those school facilities that are being used pending the
construction of permanent facilities; provided, that the necessary financial commitments
are in place to construct the permanent facilities. (Ord. 5950 § 17 2005; Ord. 5078 § 17
1998.)
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 10 of 63
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.
B. If residential development occL
Auburn, and an impact fee schei
another legislative authority, other
district has adopted a capital facili
comprehensive plan ur
effect on an interim b
amounts that have be
formulas or
district that is within the city of
~oved for that school district by
burn. then if the affected school
ch has been incorporated into the city's
ment Act that schedule shall continue in
;onsider adopting by reference the fee
r legislative authority together with any
fee amounts.
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.
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 11 of 63
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.)
s plan and data.
)te agreed to by district and the city and
:rict for which the city is collecting impact
ilities plan (as defined herein) as adopted by the school
!nt projections over the next six years, its current
's enrollment projections and actual enrollment from the
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
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 12 of 63
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.
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 for the funding gap, and identify all sources of funding
D. The
improvements for which the impact fees h
E. In its development of the fina
district shall plan on a six-year h
the following steps:
1. Establish a s
levies, and/or fir
approved by the
2.
req
5950 § 1, 2005; Ord. 5078 § 1, 1998.)
showing the capital
of its capital facilities plan, the
nstrate its best efforts by taking
e the necessary bond issues,
:onsistent with that plan and as
aw; and
>r funding, and comply with the state
district's ability. (Ord. 5078 § 1, 1998.)
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 13 of 63
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.
B. Applicants for single-family an
manufactured/mobile home buildin
fees assessed before the
in effect
the fee.
C. The city
building pe
have been
D. The city
schedule, r
chapter to cover the reasor
fee is not refundable and
permit at the time of perm)
1999; Ord. 5078 § 1, 1998.)
permit or manufactured/mobile home
set forth in the impact fee schedule
E. For comDlete sinale-familv buildina Dermit aaDlications. durina the effective Deriod of
2010 through 2012 and prior to or at the time of issuance
of any single-family residential building permit for a dwelling unit that is being
constructed the applicant may elect to record a covenant against title to the
property on forms prepared and provided by the City that requires payment of school
impact fees due and owing by providing for automatic payment through escrow of these
school impact fees due and owing to be paid at time of closing of the sale of the lot or
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 14 of 63
unit. Failure to pay at time of closing shall result in a lien action on the affected property
by the City of Auburn, shall immediately suspend any permits previously issued for the
lot or unit associated with the current development action and shall limit the granting of
any future permits for the lot or unit until such time that all outstanding school impact
fees are paid in full.
F. For complete multi-family building permit applications, during the effective period of
, 2010 through , 2012 and prior to or at the time of issuance
of any multi-family residential building permit fef being constructed fie, the
aaDlicant may elect to record a covenant aaainst title to the Droaerty on forms Dreaared
owing to be paid at time of closing of the sale of the lot or unit. Failure to pay at time of
closina shall result in a lien action on the affected Droaerty by the Citv of Auburn. shall
lot or unit until such time that all
19.02.080 Exempti
The following deve
di
fees are Daid in full.
ities 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
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 15 of 63
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 unit(s) 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
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.)
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 16 of 63
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 pursuant to a voluntary agreement.
condition that the
to the district, the
based on the actual
by this chapter. The
lust be documented,
accurate credit amount is provid(
the calculated fee amount the d
impact fee.
D. The standard in
following circumsta
1. The
calcul,
mpleted to assure that an
on actual costs is less than
be chargeable as a school
if one of the
assessment was improperly
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
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 17 of 63
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 that the 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.)
earned or received, and capital
sed. The district shall submit a
shall maintain separate school
to ACC 19.02.070, and shall
of all school impact fees
B. Impact fees for the
only in conformance v
plan.
timeframe
ments shall be expended by the district
Ian element of the city's comprehensive
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
Ordinance No. 6341
December 6. 2010, 4.
Page 18 of 63
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.
requirements, all
be refunded to the
e was paid. Upon the findings
city shall place notice of such
,aper of general circulation at
first-class mail addressed to
cords. All funds available for
id of one year, any remaining
ded by the district, consistent
ant set forth above shall not
within the account or
G. A developer may r,
impact fees, when:
1. The developer
by statute or city
ive a refund, including interest earned on the
>roceed to finalize the development activity as required
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
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 19 of 63
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.)
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
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
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 20 of 63
C3 = High school temporary facility cost per student x the student factor
D = State match credit = D1 + D2 + D3
D1 = Boeckh Index x SPI square footage per student for elementary school x state
match % x student factor
D2 = Boeckh Index x SPI square footage per student for middle school x state match %
x student factor
D3 = Boeckh Index x SPI square footage per student for high school x state match % x
student factor
TC = Tax payment credit = the net present value of the average assessed value for
the dwelling unit type in the school district, <(1+I)n>-1
1(1=1)n x the current school district capital property tax levy rate, 1(1+I)n, where I = the
current interest rate for outstanding bond issues
n = the number of years left before the bond or capital levy is retired, up to a maximum
of 10 years
FC = Facilities credit = the per dwelling unit value of any site or facilities provided
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:
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 21 of 63
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.
ns the calci
value for sin
purposes L
remodeling,
§ 1, 1998.)
ness it
school
32.053.
Effective January 1, 2010, the school impact fee shall be as follows:
Per Single-Family Dwelling $3,005.00
Unit
Per Multifamily Dwelling Unit $205.00
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 22 of 63
(Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134 § 1, 2007; Ord. 6060 § 1, 2006;
Ord. 5950 § 27 2005.)
Per Single-Family Dwelling $5,432.70
Unit
Per Multifamily Dwelling Unit $1,184.71
(Ord. 6279 § 2, 2009; Ord. 6214 § 2, 2008; Ord. 6134 § 2, 2007; Ord. 6060 § 2, 2006;
Ord. 5950 § 17 2005; Ord. 5793 § 1, 2003; Ord. 5232 § 17 1999.)
19.02.130 Impact fee calculation and schedule for the Kent School District.
The impact fee calculation and z
capital facilities needed to
impact fees based on the fa
Effective January 1, 2010, th
edule is based upon a review of the impact fee and
ices and for multifamilv residences set forth in the
of t
I impact fee shall be as follows:
Per Single-Family Dwelling $5,394.00
Unit
Per Multifamily Dwelling Unit $3,322.00
(Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3, 2007; Ord. 6060 § 3, 2006;
Ord. 5950 § 17 2005; Ord. 5233 § 17 1999.)
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
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 23 of 63
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, 2010, the school impact fee shall be as follows:
Per Single-Family Dwelling $3,832.00
Unit
Per Multifamily Dwelling Unit $2,114.00
(Ord. 6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134 § 4, 2007; Ord. 6060 § 4, 2006;
Ord. 6042 § 17 2006.)
Code, entitled `Transportation Im
impact fees within the City of Auburn,
Chapter 19.04
TRANSPORTATION IMPACT FEES'
Sections:
19.04.010
19.04.020
19.04.030
19.04.040
19.04.050
19.04.060
19.04.070
19.04.080
19.04.090
as follows:
Credits and adjustments.
Exemptions.
Appeals.
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.
iapter 19.04 of the Auburn City
the imposition of transportation
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 24 of 63
Section 3. Amendment to City
19.04.020 Definitions.
The following words and terms shall have
this chapter, unless the context clearly req
herein shall be defined pursuant to RCW 8
meaning.
A. "Act"
existence or as he
B. "Building perr
certification whic
enlargement,
demolition, movi
on transportatio
building or strucl
shall specifically
C. "Capital fac
comprehensive
amended.
70A RCW, as now in
er only, means an official document or
authorizes the construction, alteration,
ties plan" means the capital facilities plan element of the city's
plan adopted pursuant to Chapter 36.70A RCW, and such plan as
D. "City" means the city of Auburn.
E. "Council" means the city council of the city of Auburn.
F. "Department" means the department of public works.
meanings for the purposes of
Terms otherwise not defined
iven their usual and customary
Ordinance No. 6341
December 6. 2010, 4.
Page 25 of 63
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.
H. "Director" means the director of the department of public works or the director's
designee.
plan area boundary has been slightly modified to avoid bisecting properties
J. "Dwelling unit" means a bu
occupancy, consisting of one or i
living quarters for one family only.
K. "Encumber" means 1
order to pay for comm
public facilities.
L. "Feeaaver
other similar
land develor
transportatio
includes an
ark the impact fees in
liabilities incurred for
partnership, an incorporated association, or any
ureau of any governmental entity, commencing a
change which creates the demand for additional
ires the issuance of a building permit. "Feepayer"
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
reof, designed for residential
arranged, designed or used as
Ordinance No. 6341
December 6. 2010, 4.
Page 26 of 63
ACC. Where appropriate, "hearing examiner" also refers to the office of the hearing
examiner.
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.
S. "Interest" means the interest rate ea
Washington Local Government Investment
T. "Multiple-family dwelling" me
three or more families living ind
dwelling units.
U. "Owner" me;
property is bein
be considered tl
V. "PM
Auburn transl
between the h
W. "Single-family dwellir
occupancy by one family
be considered a one-fami
transportation demand for the entire
oon and midnight, typically occurs
)ans a detached building designed exclusively for
ontaining one dwelling unit. A manufactured home may
Iling, 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
jurisdictions in
erwise defined.
the State of
exclusively for occupancy by
and containing three or more
eal property; provided, that if the real
real estate contract, the purchaser shall
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 27 of 63
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 abi
For example:
1. In grandfathering calculations, if 1
minus existing use credit results in a
due.
2. In grandfathering calculatior
minus existing use credit resu
credit and no im
dollars the calcul
In off-site system caps
sufficient value that re
DD. "Change in use" 1
in the identification of
er means a different use as set forth
s fees for uses in the ITE Manual.
promulgated and published by the Institute of
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" means the area defined by the boundary of
1 st Street NW to the south, "A" Street NW to the west, 2nd Street NW to the north, and
North Division Street to the east.
calculated as an impact fee.
between a proposed use fee
er, the result is the impact fee
between a proposed use fee
fiber, the result is the surplus
)ctice is to not pay out in real
W dedication it is also possible to create
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 28 of 63
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:
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
Ord. 5604 § 1, 2001; Orc
19.04.030 Reserved.
(Ord. 5763 § 1, 2003;
19.04.040 A:
A. Effective
the city of A
development
B. Effective May 19,
than one whole PM
fee based on the inc
Ord. 5763 § 1, 2003;
pact fees, based on the fee schedule of
seeking a building permit from the city for any
ere a change in use increases the trip generation by more
it trip, the director shall calculate a transportation impact
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,
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 29 of 63
or pursuant to an independent fee calculation accepted by the director pursuant to ACC
19.04.050, and adjusted for any credits pursuant to ACC 19.04.060.
E. Payment of impact fees shall be made by the feepayer at the time the building permit
is issued. The amount to be paid shall not be increased for any applicant that submitted
a complete application for the building permit before the city established the impact fee
rates.
G. The department shall not issue a bui
have been paid or credit(s) awarded. (Or
5506 § 1, 2001.)
permit unless
I the impact fees
3 § 1, 2003; Ord.
inst title to the
of the sale of the lot or unit. Failure to Dav at time of closina shall result in a lien action
shall limit the arantina of anv future Dermits for the lot or unit until such time that all
iod of
, 2010 through , 2012 and prior to or at the time of issuance
of any multi-family residential building permit for being constructed fie, the
applicant may elect to record a covenant against title to the property on forms prepared
and provided by the City that requires payment of transportation impact fees due and
owing by providing for automatic payment through escrow of these transportation
impact fees due and owing to be paid at time of closing of the sale of the lot or unit.
Failure to pay at time of closing shall result in a lien action on the affected property by
the City of Auburn, shall immediately suspend any permits previously issued for the lot
or unit associated with the current development action and shall limit the granting of any
Ordinance No. 6341
December 6. 2010, 4.
Page 30 of 63
future permits for the lot or unit until such time that all outstanding transportation impact
fees are Daid in full.
J :K. For non-residential development inclusive of commercial office and retail uses, light
and heavv manufacturina uses but not warehousina and distribution uses and
2012 and prior to the issuance of any permit application and and
followina the execution of a Davment aareement on forms Dreaared and Drovided by the
of certificate of occupancy shall constitute a breach of contract subject to legal action by
the Citv. shall immediately susaend anv and all Dermits Dreviouslv issued associated
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
December 6. 2010, Pla •em"m" 4.
Page 31 of 63
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 calculati
are valid, the director shall consider the documen
not required to accept such documentation whicl
inaccurate or not reliable, and may, in the alters
forth in the attached schedule
bm fitted by the feepayer, but is
ector reasonably deems to be
equire 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 di
office of the hearing examiner SL
(Ord. 5763 § 1, 2003; Ord. 5506 §
19.04.060 Credits a
A. A feepayer can
awarded to him/her
excess
improvements,
improvements ti
the director, at
and/or facilities
facilities plan.
ion may be appealed to the
et forth in ACC 19.04.080.
transportation goals and objectives of the capital
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
December 6. 2010, 4.
Page 32 of 63
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.
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
December 6. 2010, Pla •em"m" 4.
Page 33 of 63
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(B).
6. Demolition, or moving of a structure out of the
Any building permit application that has
before 5:00 p.m. the business day befc
transportation impact fee rate schedule an
complete application by the city.
8. All development activity within th
19.04.020(1); provided, that this exer
otherwise extended by the city counc
9. All development activity within t
19.04.020(FF); provided, that this E
otherwise extended by the citv cou
10. Fifty
accessc
of
11. All developm
in ACC 19.04.0
31, 2008, unless
tow
submitted to the department
first effective date of the
Equently determined to be a
Ian area" as defined in ACC
set on June 30, 2007, unless
area" as defined in ACC
on June 30, 2010, unless
ctivity within the "downtown catalyst
i20(GG), to the effect that the exemption
of the applicable transportation impact
sunset on December 31, 2008, unless
within the "emergency public interest area" as defined
wided, that this exemption shall sunset on December
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 § 17 2003; Ord. 5604 § 17 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
December 6. 2010, 4.
Page 34 of 63
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.
impact fees is located within the city
RCW 34.05.510 through 34.05.598,
within 30 days after issuance of the
2008; Ord. 5763 § 1, 2003; Ord. 5506
19.04.090 Establishmi
A. Impact fee receipts
bearing accounts. ThE
with the investment pc
B. There i
pursuant to this chap
account must be use
earned on the fees sl
which the impact fees
e transportation
e procedures in
being filed with the city clerk
ig examiner. (Ord. 6182 § 5,
cally and deposited in special interest-
dently invested in a manner consistent
a separate impact fee account for the fees collected
~sportation impact account. Funds withdrawn from this
lance with the provisions of ACC 19.04.110. Interest
ned in the account and expended for the purposes for
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
December 6. 2010, 4.
Page 35 of 63
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.
B. The city shall notify potential c
States Postal Service at the last k
or claimant must be the owner of t
C. Owners seeking a
the fees to the directc
the date that notice is
D. Any im
year peric
system im
mail deposited with the United
claimants. A potential claimant
a written request for a refund of
aht to claim the refund arises or
a refund has been made within this one-
expended on appropriate transportation
E. Refunds of impact fees under this section shall include any interest earned on the
impact fees by the city.
Ordinance No. 6341
December 6. 2010, 4.
Page 36 of 63
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. 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, transpo
improvements which could otherw
D. Impact t
incurred by
previously c
be used for any transportation
issue of the city.
recoup transportation improvement costs previously
that new growth and development will be served by the
ents or incurred costs.
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
December 6. 2010, Pla •em"m" 4.
Page 37 of 63
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.)
B. Captions. The chapter and section cal
only and shall not control or affect the m
of this chapter.
C. Severability. If any portion of t
any reason, such finding shall not
of this chapter.
D. Short Title. This chapter sha
Transportation Impact Fee Ordi
M
Code, entitled `Fire Impa
City of Auburn, is hereby am
Chapter 19.06
FIRE IMPACT FEE
Sections:
19.06.010
19.06.020
19.06.030
19.06.040
19.06.050
19.06.060
19.06.070
used in this chapter are for convenience
I or construction of any of the provisions
r is found to be invalid or unenforceable for
validity or enforceability of any other section
to read as follows:
Findings and authority.
Definitions.
Reserved.
Assessment of impact fees.
Independent fee calculations
Credits and adjustments.
Exemptions.
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 38 of 63
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.
following meanings for the purposes of
otherwise. Terms otherwise not defined
.090 or given their usual and customary
RCW, as now in
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
December 6. 2010, 4.
Page 39 of 63
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.
ndary is defined as 2nd
eet Northwest, 3rd
>urn Avenue, and 4th
Street
Street
Street
the purposes of this chapter,
avoid bisecting properties.
thereof, designed for residential
are arranged, designed or used as
aside or otherwise earmark the impact fees in
al obligations or other liabilities incurred for fire
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
December 6. 2010, 4.
Page 40 of 63
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.
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
December 6. 2010, Pla •em"m" 4.
Page 41 of 63
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.
D. Applicants that have been awarded crec
building permit application pursuant to AD
complete building permit application, a copy
prior to the submittal of the complete
9.06.060 shall submit, along with the
the letter or certificate prepared by the
forth the dollar amount of the credit
application of appropriate credits, shall
ilding permit is issued.
rmit unless and until the impact fees
§ 1, 2005.)
F. For complete single-family building permit applications, during the effective period of
, 2010 through , 2012 and prior to or at the time of issuance
of any single-family residential building permit for a dwelling unit that is being
constructed the applicant may elect to record a covenant against title to the
Droaerty on forms Dreaared and Drovided by the Citv that reauires Davment of fire
paid in full.
G. For complete multi-family building permit applications, during the effective period of
, 2010 through , 2012 and prior to or at the time of issuance
of any multi-family residential building permit f~w being constructed , the
applicant may elect to record a covenant against title to the property on forms prepared
Ordinance No. 6341
December 6. 2010, 4.
Page 42 of 63
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 at time of closing of the sale of the lot or unit. Failure to pay at time of
closing shall result in a lien action on the affected property by the City of Auburn, shall
immediately suspend any permits previously issued for the lot or unit associated with
the current development action and shall limit the granting of any future permits for the
lot or unit until such time that all outstanding fire impact fees are paid in full.
H 4. For non-residential development i
ive of commercial office and retail uses. I
until such time that all outstandina fire impact fees are Daid in full.
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
director may impose alternative fees on a specific development based on those
calculations, once accepted by the city.
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 43 of 63
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.
adjust the impact fee
calculation, the specific
deemed by the directo
circumstances of the ca
F. Determine
office of the
(Ord. 5977 §
on the independent fee
id/or where adjustment is
les of fairness under the
to this section may be appealed to the
ocedures set forth in ACC 19.06.080.
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
Ordinance No. 6341
December 6. 2010, 4.
Page 44 of 63
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.
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 direr
appeals procedures set forth in ACC
nt to this section shall be subject to the
rits of RCW 82.02.060, the fee rate in
for other revenue sources which are
rion facilities. (Ord. 5977 § 1, 2005.)
the payment of fire protection impact fees:
re with a new structure of the same size and use at the
replacement occurs within 12 months of the demolition
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.
4. Miscellaneous improvements, including but not limited to fences, walls,
swimming pools, and signs.
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 45 of 63
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.
B. The director shall be authorized to d(
activity falls within an exemption identified
shall be subject to the appeals procedures
2005.)
nine whether a particular development
is section. Determinations of the director
forth in ACC 19.06.080. (Ord. 5977 § 1,
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
development activity
unless and until the
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
Ordinance No. 6341
December 6. 2010, 4.
Page 46 of 63
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.
G. Any feepayer ag
appeal the hearing
5977 § 1, 2005.)
19.06.090 Est<
A. Impact fee
bearing accou
with the invest
in whole or in part or may modify the
am
~t of the impact fees imposed or
to do so based on principles of
ion or determination as ought to
ave been granted to the director
~e office of the hearing examiner may
provided in Chapter 18.66 ACC. (Ord.
account for fire protection.
rked specifically and deposited in special interest-
shall be prudently invested in a manner consistent
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
collected, earned, or received, and the fire protection system improvements that were
financed in whole or in part by impact fees.
Ordinance No. 6341
December 6. 2010, 4.
Page 47 of 63
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
C. Owners seeking a refund of impact fE
the fees to the director within one year c
the date that notice is given, whichever i
D. Any impact fees for
year period shall be re
facilities.
inea Dv the
E. Refunds of
impact fees by
ion
en request for a refund of
claim the refund arises or
refund has been made within this one-
nded on the appropriate fire protection
fees under this section shall include any interest earned on the
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 48 of 63
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 imp
system improvements which could otherwise
D. Impact
previously
served by
be used for any fire protection
a bond issue of the city.
ip fire protection system improvement costs
tent that new growth and development will be
rovements 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.)
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.
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 49 of 63
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.)
B. Captions. The chapter and section cal
only and shall not control or affect the m
of this chapter.
used in this chapter are for convenience
I or construction of any of the provisions
C. Severability. If any portion of this
any reason, such finding shall not aff
of this chapter. (Ord. 5977 § 1, 2005.
Section 5.
Code, entitled `Parks
the City
Chapter 19.(
PARKS IMP
Sections:
19.08.010
19.08.020
19.08.030
19.08.040
19.08.050
19.08.060
19.08.070
19.08.080
19.08.090 Refunds.
19.08.100 Use of funds.
is found to be invalid or unenforceable for
alidity or enforceability of any other section
r 19.08 of the Auburn City
imposition of parks impact fees within
follows:
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 50 of 63
19.08.110 Review and update of impact fees.
19.08.120 Miscellaneous provisions.
the following meanings for the purposes of
ires otherwise. Terms otherwise not defined
2.02.090 or given their usual and customary
A. "Act" me
existence or
B. "Building r
certification v
enlargement,
demolition, rr
Chapter 36.70A RCW, as now in
>ses of this chapter only, means an official document or
e city and which authorizes the construction, alteration,
construction, remodeling, rehabilitation, erection,
building or structure.
C. "Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, known as the city of
Auburn parks, recreation and open space plan, and such plan as amended.
D. "Change in use," for the purposes of this chapter, means a different use that qualifies
as a single- or multiple-family dwelling as defined in this chapter.
E. "City" means the city of Auburn.
F. "Council" means the city council of the city of Auburn.
G. "Department" means the department of parks, arts, and recreation.
Ordinance No. 6341
December 6. 2010, 4.
Page 51 of 63
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.
"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.,
M. "Grandfathering" r
on January 1, 2007,
system capacity cred
N. "Hear
consi
ACC.
examiner.
the
o acts on behalf of the council in
es as provided under Chapter 18.66
o refers to the office of the hearing
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.
rship, an incorporated association, or any
)f any governmental entity commencing a
amand for additional parks and recreation
a building permit. "Feepayer" includes an
ind use of a developed property in effect
f the impact fees ordinance, is entitled to
pted impact fees rate schedule.
Ordinance No. 6341
December 6. 2010, 4.
Page 52 of 63
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.
ide service ft
recreation sy
aded in a ca
W. "Parks and
that are either
to provide ser,
and recreation
X. "Single-farr
occupancy by
home may be
Y. "State" means th
Z. "Surplus credits" mea
For example:
ts" means parks and recreation facilities
capital facilities plan and/or are designed
community at large, in contrast to parks
detached building designed exclusively for
one residential dwelling unit. A manufactured
yelling, if sited per Chapter 18.31 ACC.
its over and above those calculated as an impact fee.
1. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a positive number, the result is the impact fee
due.
2. In grandfathering calculations, if the difference between a proposed use fee
minus existing use credit results in a negative number, the result is the surplus
credit and no impact fee would be due. (Ord. 6063 § 1, 2006.)
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 53 of 63
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.
D. Payment of impact fees shall be made by &
is issued for each unit in the development. The
for any applicant that submitted a complete ap
city established the impact fee rates.
e feepayer at the tirr
amount to be paid s
Acation for the build
the building permit
ill not be increased
i permit before the
building permit unless and until the impact fees
Ord. 6063 § 1, 2006.)
. 2010 throuah . 2012 and Drior to or at the time of issuance
property on forms prepared and provided by the City that requires payment of parks
impact fees due and owing, less any credits awarded, by providing for automatic
payment through escrow of these development charges due and owing to be paid at
time of closing of the sale of the lot or unit. The awarding of credits shall not alter the
applicability of this section. Failure to pay at time of closing shall result in a lien action
on the affected property by the City of Auburn, shall immediately suspend any permits
previously issued for the lot or unit associated with the current development action and
Ordinance No. 6341
December 6. 2010, 4.
Page 54 of 63
shall limit the granting of any future permits for the lot or unit until such time that all
outstanding parks impact fees are paid in full.
H. For complete multi-family building permit applications, during the effective period of
, 2010 through , 2012 and prior to or at the time of issuance
of any multi-family residential building permit being constructed fie, the
applicant may elect to record a covenant against title to the property on forms prepared
and provided by the City that requires payment of parks impact fees due and owing,
less any credits awarded, by providing for automatic payment through escrow of these
development charaes due and owina to be Daid at time of closina of the sale of the lot or
Auburn, shall immediately suspend any permits previously issued for the lot or unit
associated with the current development action and shall limit the arantina of anv future
in full.
19.08.040 Independer
A. If, in the judgment c
in the fee schedule
ately
none of the fee categories or fee amounts set forth
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.
Ordinance No. 6341
December 6. 2010, 4.
Page 55 of 63
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.
F. Determinations made by the dir
office of the hearing examiner su
(Ord. 6063 § 1, 2006.)
recreation system im
capital facilities plan,
land, improvements, <
objectives of the capit<
section may be appealed to the
es set forth in ACC 19.08.070.
its for parks and recreation impact fees
n improvement projects provided by the
is for the feepayer's development if the
e facility constructed are identified as parks and
that provide capacity to serve new growth in the
;tor, at his/her discretion, makes the finding that such
ities would serve the parks and recreation goals and
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
December 6. 2010, 4.
Page 56 of 63
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 t
permit. Any claim not so made shall be deemed wain
F. Determinations made by the director pursu
appeals procedures set forth in ACC 19.08.07(
G. Pursuant to and consistent with the requir
the fee schedule has been reasonably adju
earmarked for, or proratable to, funding parks
H. In order to grandfather the
utilize the adopted rates to
surplus credits for off-site syst
19.08.060 Exem
A. The following
fees:
of application for a building
on shall be subject to the
ments of RCW 82.02.060, the fee rate in
ed for other revenue sources which are
ind recreation facilities.
flopments, the director will
its and to determine any
roperty owner.
s off-site system capacity improvements
of this section will any surplus credits
)t adjusted for inflation) remain with the
anefit future development where a parks
ae. (Ord. 6063 § 1, 2006.)
ns.
all be exempted from the payment of parks and recreation impact
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.
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 57 of 63
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.
shall be subject to the appeals procedures set forth in ACC 19.08.070
2006.)
is known.
(Ord. 6063 § 1,
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.
Ordinance No. 6341
December 6. 2010, 4.
Page 58 of 63
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.
G. Any feepayer aggrieved by any
appeal the hearing examiner's fina
6063 § 1, 2006.)
19.08.080 Establish
A. Impact fee receir
bearing accounts. T
with the investment
B. There is herebv
pursuant to this cN
withdrawn from the,,
19.08.100. Interest
for the purposes for
nd recreation.
cally and deposited in special interest-
dently invested in a manner consistent
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.)
of the office of the hearing examiner may
as provided in Chapter 18.66 ACC. (Ord.
Ordinance No. 6341
December 6. 2010, 4.
Page 59 of 63
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
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 recoverv of
impact fees not spent with the statutory six-
B. The city shall notify potential claimants by
States Postal Service at the last known addrE
or claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must su
the fees to the director within one year of the date t
the date that notice is given, whichever is later.
D. Any impact fees for which no applic,
year period shall be retained by the c
recreation facilities.
E. Refunds
impact fees
F. If and v
recreation
e.
:lass mail deposited with the United
such claimants. A potential claimant
written request for a refund of
t to claim the refund arises or
een made within this one-
he appropriate parks and
II include any interest earned on the
inate any or all components
iexaended or unencumbered
of the parks and
funds from any
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
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 60 of 63
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:
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.
D. In the
advance
may be expended,
similar debt instrur
consistent with thi
development. (Ord.
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.)
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 61 of 63
19.08.120 Miscellaneous provisions.
A. Existing Authority Unimpaired. Nothing in this chapter shall preclude the city from
requiring the feepayer or the proponent of a development activity to mitigate adverse
environmental impacts of a specific development pursuant to the State Environmental
Policy Act, Chapter 43.21 C RCW, based on the environmental documents
accompanying the underlying development approval process, and/or Chapter 58.17
RCW, governing plats and subdivisions; provided, that the exercise of this authority is
consistent with the provisions of RCW 82.02.050(1)(c).
B. Captions. The chapter and section captions used in this chapter are for convenience
only and shall not control or affect the meaning or construction of any of the provisions
of this chapter.
C. Severability. If any portion of this chapter is found to bE
any reason, such finding shall not affect the validity or enfo
of this chapter.
lid or unenforceable for
ility of any other section
city of Auburn
authorized to implement
carry out the directions of this
ions of this ordinance are declared
sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 8.
Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
Ordinance No. 6341
December 6. 2010, Pla •em"m" 4.
Page 62 of 63
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Ordinance No. 6341
December 6. 2010, •am"--"
Page 63 of 63