Chapter 3.50
IMPACT FEES
Sections:
3.50.035 Assessment of impact fees.
3.50.040 Impact fee for parks and recreation facilities.
3.50.050 Impact fee accounts for the White River School District.
3.50.060 Impact fee for street facilities.
3.50.070 Alternative street facilities impact fee calculation.
3.50.085 Street impact fee discounts or elimination.
3.50.090 Street impact fee credit for off-site improvements.
3.50.010 Definitions.
The following words and terms shall have the following meanings for the purposes of this title, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.
“Act” means the Growth Management Act, Chapter 17, Laws of 1990, 1st Extraordinary Session, Chapter 36.70A RCW, et seq., and Chapter 32, Laws of 1991, 1st Special Session, RCW 82.02.050, et seq., as now in existence or as hereafter amended.
“Boeckh Index” means the area cost allowances for school construction determined under WAC 180-27-060.
“Capacity” means the number of students the White River School District’s facilities can accommodate district-wide at each grade span, based on the district’s adopted level of service.
“Capital facilities” means the facilities or improvements included in the city of Buckley capital facilities element of the city of Buckley comprehensive plan adopted pursuant to the Act.
“City Comprehensive Parks, Recreation and Open Space Plan – Buckley” means the planning document that includes a park and recreation inventory, facility demand, policy and guidance on developing regional/city-wide and local park and recreation facilities.
“Department” means the planning department.
“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 use of land that creates additional demand and need for public facilities.
“Development approval” means any written authorization from the city which authorizes the commencement of a development activity.
“Encumber” means to reserve, set aside or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities.
“Impact fee” means the fee levied pursuant to this chapter as a condition of issuance of a building permit or development approval. “Impact fee” does not include a reasonable permit or application fee and does not preclude a SEPA mitigation fee.
“Impact fee account” or “account” means the account established for each type of public facility for which impact fees are collected. Such account shall be established pursuant to this chapter and shall comply with the requirements of RCW 82.02.060.
“Impact fee schedule” means the fee schedules set forth in this chapter.
“Independent fee calculation” means the park impact calculation, the traffic engineering calculation, the school impact fee calculation, and/or economic documentation prepared by a feepayer to support the assessment of an impact fee other than by the use of impact fee schedules.
“Level of service (LOS)” means an established minimum capacity for public facilities or services that is planned to be provided per unit demand or other appropriate measure of need and is used as a gauge for measuring the quality of service.
“Park and recreation facilities” means those parks and recreation facilities so designated in the Parks, Recreation and Open Space element of the city of Buckley comprehensive plan adopted pursuant to the Act.
“Project improvements” mean site improvements and facilities that are planned and designed to provide service for a particular development or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan approved by the council shall be considered a project improvement.
“Public facilities” means publicly owned parks and recreational facilities, public roads and the White River School District.
“Residential” or “residential development” means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development.
“Service area” means a geographic area described in the city’s capital facilities plan in which a defined set of public facilities provides service to development within the area; provided, that the service area for schools shall be the White River School District. Service areas may be separately described for each type of public facility.
“Square footage” means the square footage of the gross floor area of the development.
“State” means the state of Washington.
“Street” means a right-of-way that affords the principal means of access to abutting property, and its accompanying signalization improvements, including an avenue, place, way, drive, lane, boulevard, highway, road and other thoroughfare, except an alley.
“System improvements” mean public facilities that are included in the capital facilities plan and are designed to provide service within the community at large, in contrast to project improvements.
“Transportation plan” means the transportation element of the city of Buckley comprehensive plan adopted pursuant to the Act.
“White River School District study” means the “White River School District Capital Facilities Plan,” and such study as amended, which is incorporated herein by reference, a copy of which is on file with the department. (Ord. 33-19 § 1, 2019; Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 15-97 § 1, 1997).
3.50.020 Exemptions.
The following development activities shall be exempt from the payment of impact fees:
(1) Replacement of a structure with a new structure of the same size and use at the same site or lot when the application for a building permit for such replacement occurs within six 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) The construction of accessory residential structures that will not impact on public facilities;
(4) Alterations of an existing nonresidential structure that does not expand the usable space or will not create additional impacts on public facilities greater than the highest level of impact that previously has been caused by use of that structure;
(5) Miscellaneous improvements, including but not limited to fences, walls, swimming pools and signs;
(6) Demolition or moving of a structure.
Nonresidential new development will not be charged a park impact fee or a school impact fee; provided, however, that a nonresidential development may still be required to dedicate land for parks under SEPA.
The planning director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or any other section. Determinations by the director shall be subject to city council approval. (Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 15-97 § 1, 1997).
3.50.030 Credits.
A feepayer may request that a facilities credit be awarded to them for the value of land, facilities, or monetary compensation that the city or school district has agreed to accept as an off-set against a park or school impact fee from a feepayer regarding the development activity. Determination as to whether to accept land and/or proposed improvements as a credit against park or school impact fees and the amount of that credit shall be in the sole discretion of the city or school district. For each request for a credit, the city or school district may require the feepayer to provide an appraisal prepared by an approved appraiser so as to help determine the value of the dedicated land and/or improvements to that land. All appraisal costs shall be borne by the feepayer. Any claim for credit must be made not later than the time of application for a building permit. (Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 7-98 § 1, 1998; Ord. 15-97 § 1, 1997).
3.50.035 Assessment of impact fees.
(1) The city shall collect impact fees, based on the provisions of BMC 3.50.040 through 3.50.060, or an independent transportation fee calculation as provided for in BMC 3.50.070, from any applicant seeking development approval from the city for any development activity within the city, where such development activity requires the issuance of a building or occupancy permit. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional public facilities, as well as a change in existing use that creates a demand for additional public facilities.
(2) Where a change in use triggers review under the State Environmental Policy Act or increases the trip generation by more than five percent or 10 peak hour trips, whichever is less, the director shall calculate a transportation impact fee based on the increases in the trip generation rate.
(3) Impact fees shall be assessed at the time the complete building permit application is submitted for each unit in the development, using either the impact fee schedules then in effect or an independent transportation fee calculation as provided for in BMC 3.50.070. The city shall not accept an application for a building permit if final plat, PRD, or binding site plan approval is needed and has not yet been granted by the city. Furthermore, the city shall not accept an application for a building permit unless prior to submittal or concurrent with submittal, the feepayer submits complete applications for all other discretionary reviews needed, including, but not limited to, design review, the environmental determination, and the accompanying checklist.
(4) Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to BMC 3.50.030 or 3.50.090, shall submit, along with the complete building permit application, a copy of the letter prepared by the director and/or designee setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued or prior to final building inspection as set forth in subsection (6) of this section.
(5) Except as provided in subsection (6) of this section, the department shall not issue a building permit unless and until the impact fees required by this chapter, less any permitted exemptions, credits or deductions, have been paid.
(6) Impact fee payments may be deferred for single-family detached and attached residential construction until prior to the city conducting a final building inspection as authorized by RCW 82.02.020(3). All applicants and/or legal owners of the property upon which the development activity allowed by the building permit is to occur must sign an impact fee deferral agreement in a form acceptable by the city attorney. The applicant will pay a $50.00 administrative fee, along with fees necessary for recording the agreement in the office of the Pierce County auditor. The impact fee deferral agreement shall require the applicant to grant and record an impact fee lien as required by RCW 82.02.020(3). The city shall withhold certification of final inspection, certificate of occupancy or equivalent final certification until the deferred impacts fees have been paid in full. The term of an impact fee deferral shall not exceed 18 months.
In the event that the fees are not paid within the time provided in this subsection, the city shall institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW, except as revised herein, and also except that the city may elect to have the school district institute foreclosure proceedings for the collection of school impact fees as authorized by RCW 82.02.020(3). The then-present owner shall also pay the city’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the city shall not commence foreclosure proceedings less than 30 calendar days prior to providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the 30-day cure period, no attorney fees and/or costs will be owed. In addition, the city retains its full authority to withhold inspections and to suspend, revoke or refuse to issue occupancy and other building permits and to commence enforcement actions due to non-payment of impact fees. (Ord. 02-16 § 1, 2016).
3.50.040 Impact fee for parks and recreation facilities.
The park and recreation impact fee imposed on residential development is based on the cost of capital projects listed in the parks, recreation and open space element of the comprehensive plan. The parks and recreation impact fee imposed shall be that which is set forth in the parks impact fee calculation identified in the comprehensive plan. The fees shall be assessed and collected pursuant to BMC 3.50.035.
(1) Park and recreation impact fee shall be assessed to all new residential construction as follows:
|
Type of Construction |
Impact Fee per Dwelling Unit |
|---|---|
|
Single-family homes |
$1,624.70 |
|
Multiple-family residential |
$1,331.52 |
(2) The park and recreation impact fees in subsection (1) of this section may be reviewed annually to consider adjustments to the fees to account for increased costs of labor, construction materials and real property. The city council intends that such review should occur concurrently with the annual review of the capital facilities plan element of the city’s comprehensive plan. (Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 16-04 § 1, 2004; Ord. 15-97 § 1, 1997).
3.50.050 Impact fee accounts for the White River School District.
(1) White River School District impact fees shall be submitted to the White River School District upon receipt. The fee shall be collected pursuant to the city council adopted fee schedule.
(2) White River School District impact fees shall be assessed to all new residential construction as set in the city council adopted fee schedule. The council is authorized to reduce or to increase the adjustments as part of its annual review of the fee schedule, or at any other time, by adopting an amendatory ordinance. (Ord. 01-24 § 1, 2024; Ord. 33-19 § 2, 2019; Ord. 02-16 § 1, 2016; Ord. 05-10 § 1, 2010; Ord. 01-07 § 1, 2007; Ord. 25-06 § 1, 2006; Ord. 15-97 § 1, 1997).
3.50.060 Impact fee for street facilities.
Street impact fees shall be deposited in the street construction fund. The fees shall be assessed and collected pursuant to BMC 3.50.035. The assessments shall be made in accordance with the most recently adopted traffic impact fee rate study, a copy of which is attached to the ordinance codified in this section as Exhibit A. (Ord. 11-22 § 2, 2022; Ord. 01-18 § 1, 2018; Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 20-98 § 1, 1998).
3.50.070 Alternative street facilities impact fee calculation.
The applicant may petition the planning director for an alternative calculation of the impact fee by providing evidence of a study more specifically related to the proposed use, warranting a different trip generation estimate than the trip generation numbers provided in Appendix E of the transportation element of the city of Buckley comprehensive plan.
(1) The petition will be considered only if the proposed use is not specifically included in Appendix E, or if the applicant is able to show site-specific information warranting a reduction for pass-through traffic.
(a) Pass-By Reductions. The daily weekday trips referenced in Appendix E exclude pass-by trips. Utilizing the ITE handbook, as now constituted or as hereafter amended or modified, an applicant can determine the pass-by trip reduction factor for a proposed use. The pass-by trip reduction factor reduces the average trip rate based on average pass-by trip percentages or a reduction for trips that would have traveled on a street adjacent to a new use, even if the new use was not constructed. Reduction rates vary by land use and factors such as building size and volume of adjacent street traffic. The following are examples of potential average pass-by trip percentages with their resulting pass-by trip reduction factors, which translate to a savings on the impact fee. These are examples only. The city will accept pass-by trip percentages as listed in the latest edition of the ITE handbook.
|
Example Land Use |
Example Average Pass-By Trip % |
Example Pass-By Trip Reduction Factor |
|---|---|---|
|
Discount Supermarket (LU 854) |
23% |
0.77 |
|
Shopping Center (LU 820) |
34% |
0.66 |
|
Fast Food Restaurant with Drive-Through Window (LU 934) |
50% |
0.50 |
|
Coffee/Donut Shop with Drive-Through Window and No Indoor Seating (LU 938) |
89% |
0.11 |
(2) If the planning director approves the petition, the applicant shall pay the alternative impact fee calculated by using the approved trip generation numbers multiplied by the fee per trip identified in the transportation element of the city of Buckley comprehensive plan, as now constituted or hereafter amended or modified, in lieu of the fees provided for in BMC 3.50.060. (Ord. 16-19 § 1, 2019; Ord. 01-18 § 2, 2018; Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 49-99 § 1, 1999).
3.50.080 Reference to ITE Handbook authorized in lieu of Appendix E for street facilities impact fee calculation.
Where the proposed use is not specifically listed under Appendix E of the 2016 City of Buckley Comprehensive Plan Transportation Element, the planning director may determine the appropriate trip generation estimate by referring to the ITE Handbook, as now constituted or as hereafter amended or modified. The trip generation estimate shall be applied to the same cost per trip identified in the city of Buckley transportation element, as it now exists or is hereafter modified. (Ord. 01-18 § 3, 2018; Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 49-99 § 2, 1999).
3.50.085 Street impact fee discounts or elimination.
In order to encourage and facilitate certain businesses to locate in designated areas of the city where development is desired, and to recruit into the city those types of businesses deemed beneficial to the city and the community and/or which the city currently lacks in sufficient number or volume, pursuant to RCW 82.02.060(2) and (4) there is hereby established a funding source adjustment from the traffic impact fee set forth in this chapter for development activity which meets the criteria of this section.
(1) Pass-By Rates.
(a) Once the traffic impact fee is calculated per BMC 3.50.060, including any reductions based on pass-by rates or other site-specific studies, any permitted development that meets all of the following criteria may apply for a 30 percent discount from the traffic impact fee that would otherwise be imposed under BMC 3.50.060:
(i) Qualifying Uses. All uses consist only of those uses that meet one or more of the following definitions:
(A) Food service uses including but not limited to bakeries, confectioneries, coffeehouses, delicatessens, ice cream parlors, juice bars, family sit-down restaurants, casual dining restaurants, fine dining restaurants, fast food restaurants with or without drive-in or drive-through service, and coffee/donut shops with or without drive-through service; restaurants or establishments that are commonly known as brewpubs, microbreweries, or wineries are herein defined as eating and drinking establishments having a microbrewery on the premises that produces beer, ale, or other malt beverage, or wine, and where the majority of the beer/wine produced is consumed on the premises and at which food may be served to accompany the alcohol. These establishments may also sell beer or wine at retail and/or act as wholesaler for beer or wine of its own production for off-site consumption, with appropriate state licenses;
1. Nonqualified restaurant establishments that are not eligible for an impact fee discount include drinking establishments (bars, cocktail lounges, nightclubs and taverns), restaurants or other establishments in which alcoholic beverages are served as the primary function of the business, not including brewpubs as described above;
(B) Office uses including, but not limited to, banks, business services, financial institutions, general business offices, medical/dental offices or professional offices;
(C) Recreational and cultural uses including, but not limited to, art galleries, bowling alleys, health clubs, dance studios, martial arts studios, libraries, museums, indoor movie or stage theater, indoor skating rink, racquetball court and tennis court, subject to the limitations set forth below;
(D) Commercial retail sales store including, but not limited to, the sale or rental of the following items: antiques, apparel and accessories, art, bicycle stores, bookstores, carpets, drug stores, fabrics, flowers, furniture, home furnishings and appliances, flower stores, garden supply stores, gifts, groceries and/or food, hobby, toy and game stores, jewelry stores, motor vehicle supplies, office supplies and equipment, paint, pets and pet supplies, plant nurseries, landscaping materials, greenhouses, pottery, shoes, sporting goods stores, specialty stores, stationery and gift stores, and new vehicle sales;
(E) Commercial service including, but not limited to, banking, beauty salons and barber shops, commercial printing (small-scale), consulting, convenience market with or without gasoline pumps, day care child care centers, glass studio works, locksmithing, pet grooming, photography studio, repair of products listed in subsection (1)(a)(i)(D) of this section, signs, tailoring, telecommunication sales;
(F) Mixed use structure with a maximum of eight dwelling units per individual structure where all residential units are part of a mixed use occupancy with qualifying nonresidential uses in the commercial building, and meeting the design requirements, and located on a principal or collector arterial street;
(ii) The development’s uses do not include or consist of any of the following uses: adult entertainment businesses, marijuana (sales, production and/or processing), gasoline service stations (unless connected/associated with a grocery or convenience store), vehicle detailing, or livestock as defined in BMC 9.10.020(19);
(iii) The combined building space in a development of all structures within the development is not greater than 50,000 square feet; and
(iv) The development is located entirely within the geographical area depicted in the traffic impact fee discount map (attached as Exhibit A to the ordinance codified in this section), as now or hereafter amended, a copy of which is available from the city clerk’s office.
(b) Any claim for a discount must be filed in writing with the building permit application and addressed to the city clerk. Any claim not so made shall be deemed waived. During the application review process, an applicant may apply for a reduction for pass-through traffic under BMC 3.50.070, in addition to the 30 percent street impact fee discount described in this section, which is based on the fees imposed under BMC 3.50.060.
(c) The claim for a discount must be accompanied by a covenant guaranteeing that the qualifying uses and building size restrictions, required under the above criteria, will be continued for a period of 10 years unless released by written approval of the city. Before approval of the discount, the city attorney shall approve the form of the covenant. Within 10 days of approval, the applicant shall execute and record the approved covenant with the Pierce County auditor’s office. The covenant shall be valid for a period of 10 years from the date of issuance of a certificate of occupancy for the qualifying building. The covenant shall run with the land and shall provide notice to all future owners of the restricted use(s) and building size, and that in the event the development is no longer used for the identified qualifying uses, or exceeds the building size limitation, the current owner shall pay the balance of the original traffic impact fee plus interest to the date of the payment.
(d) The amount of the impact fees not collected pursuant to this discount shall be paid from public funds other than the impact fee account.
(e) The city administrator, or his/her designee, shall be authorized to determine whether a particular development meets the criteria for a discount. The decision of the administrator shall be appealable to the hearing examiner in conformance with the procedural requirements of BMC Title 20.
(2) Downtown Design District.
(a) The city recognizes that the majority of the buildings within the downtown design district (BMC 19.50.070), especially those in the historic commercial zone, have served many purposes over the years. As businesses and uses come and go over time, the buildings themselves are unlikely to change significantly. Some new uses will draw more traffic than others, though the parking capacity for the area is limited. This district and zone are designed for pedestrian scale access and thus changes of use should not materially increase the number of vehicular trips from this district beyond the historical average. Therefore, the requirement to pay street impact fees is eliminated for any permitted development that meets all of the following:
(i) Qualifying Uses. All uses consist only of those uses that meet one or more of the following definitions:
(A) Food service uses including but not limited to bakeries, confectioneries, coffeehouses, delicatessens, ice cream parlors, juice bars, family sit-down restaurants, casual dining restaurants, fine dining restaurants, fast food restaurants with or without drive-in or drive-through service, and coffee/donut shops with or without drive-through service; restaurants or establishments that are commonly known as brewpubs, microbreweries, or wineries are herein defined as eating and drinking establishments having a microbrewery on the premises that produces beer, ale, or other malt beverage, or wine, and where the majority of the beer/wine produced is consumed on the premises and at which food may be served to accompany the alcohol. These establishments may also sell beer or wine at retail and/or act as wholesaler for beer or wine of its own production for off-site consumption, with appropriate state licenses;
(1) Nonqualified restaurant establishments that are not eligible for an impact fee discount include drinking establishments (bars, cocktail lounges, nightclubs and taverns), restaurants or other establishments in which alcoholic beverages are served as the primary function of the business, not including brewpubs as described above;
(B) Recreational and cultural uses including, but not limited to, art galleries, bowling alleys, health clubs, dance studios, martial arts studios, libraries, museums, indoor movie or stage theater, indoor skating rink, racquetball court and tennis court, subject to the limitations set forth below;
(C) Commercial retail sales store including, but not limited to, the sale or rental of the following items: antiques, apparel and accessories, art, bicycle stores, bookstores, carpets, drug stores, fabrics, flowers, furniture, home furnishings and appliances, flower stores, garden supply stores, gifts, groceries and/or food, hobby, toy and game stores, jewelry stores, motor vehicle supplies, office supplies and equipment, paint, pets and pet supplies, plant nurseries, landscaping materials, greenhouses, pottery, shoes, sporting goods stores, specialty stores, stationery and gift stores, and new vehicle sales;
(D) Commercial service including, but not limited to, banking, beauty salons and barber shops, commercial printing (small-scale), consulting, convenience market with or without gasoline pumps, day care child care centers, glass studio works, locksmithing, pet grooming, photography studio, repair of products listed in subsection (1)(a)(i)(D) of this section, signs, tailoring, telecommunication sales;
(ii) The development’s uses do not include or consist of any of the following uses: adult entertainment businesses, marijuana (sales, production and/or processing), gasoline service stations (unless connected/associated with a grocery or convenience store), vehicle detailing, or livestock as defined in BMC 9.10.020(19);
(iii) The development is located entirely within the downtown design review district. (Ord. 13-23 § 1, 2023; Ord. 16-19 § 2, 2019; Ord. 13-19 § 3, 2019; Ord. 07-18 § 1, 2018).
3.50.090 Street impact fee credit for off-site improvements.
Feepayers may request that a facilities credit be awarded to them for the value of off-site, nonfrontage, transportation facilities constructed; provided, that the facilities are identified in the list of projects used to determine the impact fee. (Ord. 02-16 § 1, 2016; Ord. 25-06 § 1, 2006; Ord. 49-99 § 3, 1999).