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HomeMy WebLinkAboutITEM V-ICITY OF * _1K 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