Chapter 15.30
IMPACT FEES
Sections:
15.30.050 Assessment of impact fees.
15.30.060 Impact fee schedules.
15.30.070 Independent fee calculations.
15.30.090 Establishment of accounts.
15.30.140 Impact fee calculation.
15.30.150 Impact fee deferral.
15.30.010 Purpose.
The purpose of this chapter is to mitigate the impact that new development has on the city’s streets and parks. The impact has a direct result on the street and parks department budgets and capital improvement schedules outlined in the city’s comprehensive plan. (Ord. 994 § 1, 2007).
15.30.050 Assessment of impact fees.
(a) Parks. The city shall collect impact fees for parks from any applicant seeking residential development approval from the city where such development activity requires final short or long plat approval or the issuance of a residential building permit or mobile home permit. Nonresidential development, except for daycare provider type businesses, shall not be assessed a park impact fee. Impact fees shall be collected from the applicant when the building permit is issued, using the fee schedule then in effect.
(b) Roads. The city shall collect impact fees for roads from any applicant seeking residential or commercial development approval where such development activity requires a short or long plat subdivision, site plan, development agreement, conditional use permit or the issuance of a residential or commercial building permit or mobile home permit. Impact fees shall be collected from the applicant when the building permit is issued, using the fee schedule then in effect. (Ord. 994 § 1, 2007).
15.30.060 Impact fee schedules.
(a) Park and road impact fees will be based on the Davenport Comprehensive Plan and supporting documentation. Road impact fees for residential uses will be based on the type of residential use, single-family, multifamily, or mobile home. Road impact fees for nonresidential uses will be based on the number of p.m. peak trips generated by the development.
(b) The determination of the number of p.m. peak hour trips shall be made as follows: the applicant shall retain, at the applicant’s expense, a traffic consultant approved by the city to establish the p.m. peak trip generation for the development. The mayor shall review the consultant’s report, request such additional information as may be needed to establish the trip generation, and make a determination as to the road impact fee for the project. The applicant shall be notified in writing of the impact fee.
(c) Park and road impact fees shall be set by resolution and included in the fee schedule.
(d) The impact fee schedule set out in accordance with this chapter and approved by resolution shall be reviewed by city council as it may deem necessary and appropriate and/or in conjunction with the annual update of the capital facilities plan of the city’s comprehensive plan. (Ord. 994 § 1, 2007).
15.30.070 Independent fee calculations.
(a) Parks and Roads.
(1) If the city determines that none of the fee categories set forth in this chapter accurately describes or captures the impacts of the new development, he/she may conduct independent fee calculations and impose alternative fees on a specific development based on those calculations. For example, with respect to group homes, the fees imposed may take into account the size and number of residents proposed to be housed in such group homes, and the city may determine the fees to be imposed based on the judgment of the approximate equivalent number of residents that would be generated compared to single-family dwellings.
(2) If an applicant can demonstrate that none of the fee categories set forth in this chapter accurately capture the impacts of a new development, then the applicant may prepare and submit to the city 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.
(3) While there is a presumption that the fees set forth by resolution by the city council are valid for each form of development, the city shall consider the independent fee calculation documentation submitted by the applicant. However, the city is not required to accept any documentation which is reasonably deemed to be inaccurate or unreliable and the city may, in the alternative, require the applicant to submit additional or different documentation for consideration. Based on the information in the city’s possession, the city is authorized to adjust the impact fee calculation to the specific characteristics of the development activities, and/or according to principles of fairness. (Ord. 994 § 1, 2007).
15.30.080 Fee credits.
An applicant can request that a credit or credits be awarded for the value of required dedicated land for system improvements, or for construction of system improvements, if the land and/or improvements constructed are identified in the current city capital facilities plan. Applicants for projects for which roads and parks fees have been collected by voluntary agreement or pursuant to the city’s general platting authority may request a credit for the amount of such fees paid.
(1) Credits in General.
(A) A credit shall be allowed only to the extent necessary to offset impact fees that would otherwise be charged to the development. The city is not liable to refund the developer any excess credit over impact fees.
(B) Park impact credits may be applied only to park impact fees, road impact credits applied only to road impact fees. Credits may not be transferred to other lots or projects.
(2) Park and road credits shall be established as follows:
(A) The amount of the credit shall be determined at the time of preliminary short or long plat, site plan, development agreement, or conditional use permit approval and be set forth in the written decision approving the application.
(B) For lots or development activity not covered in subsection (2)(A) of this section, the amount of the credit shall be determined prior to issuance of a building permit and after improvements for which credit is sought are constructed. The applicant shall submit with the application proof of the cost of any system improvements or the value of any land dedication to the city. The city shall review the submitted material, request any additional information, and then notify the applicant in writing of the amount of the credit that will be granted.
(3) No credit shall be given for:
(A) Project improvements; or
(B) Right-of-way dedications for direct access to a development except to the extent additional right-of-way is required because the direct access road will be a system improvement. In that event, credit shall be given for the value of the additional right-of-way required to be dedicated. (Ord. 994 § 1, 2007).
15.30.090 Establishment of accounts.
(a) Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. The fees received shall be prudently invested in a manner consistent with the investment policies of the city.
(b) Two separate impact fee accounts are established for the fees collected pursuant to this chapter; the parks impact account which will be managed by the city; and roads impact account which will be managed by the city. Funds withdrawn from these accounts must be used in accordance with the provisions of this chapter. Interest earned on the impact fees shall be retained in each of the accounts and expended for the purposes for which the impact fees were collected.
(c) Annually, the city shall provide a report to the city council on the park and road impact fee accounts showing the source and amount of all moneys collected, earned or received, and the public 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 city council identifies in written findings an extraordinary and compelling reason or reasons for the city to hold the fees beyond the six-year period. Under such circumstances, the council shall establish the time within which the impact fees shall be expended or encumbered. (Ord. 994 § 1, 2007).
15.30.100 Fee refunds.
(a) Parks and Roads. 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 this chapter, the current owner(s) 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.
(b) The city shall notify potential claimants by registered first class mail postage paid, deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the owner of the property.
(c) Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the finance director within one year of the date that the right to claim the refund arises, or the date that notice is given, whichever is later.
(d) Impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the indicated public facilities.
(e) Refunds of impact fees under this section shall include any interest earned on the impact fees by the city.
(f) When the city seeks to terminate any or all components of the impact fee program, any funds not expended or encumbered from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination, and the availability of refunds, in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the indicated public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within an account or accounts being terminated.
(g) The city shall refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, within one year of the date the right to claim the refunds rises, or the date that notice is given, whichever is later, if the development activity for which the impact fees were imposed did not occur and no impact has resulted. (Ord. 994 § 1, 2007).
15.30.140 Impact fee calculation.
Based on the information reviewed and discussed during the pre-application meeting, and as part of an application submittal, the applicant will provide the requested information, which may include:
(1) An impact fee calculation in accordance with the city council’s approved fee schedule;
(2) Where applicable, an independent fee calculation along with supporting traffic studies or other analytical requirements which may be determined based on the results of the pre-application meeting;
(3) If applicable, a development credit calculation which itemizes the estimated value of any dedicated lands or improvements which the applicant has or will make as a condition of a subdivision or site plan approval. Dedicated lands or improvements must be identified as system-wide improvements in the city’s comprehensive plan;
(4) The city’s cost of administering the impact fee program shall be established by resolution. Where fees for a lot are split between final plat approval and building permit issuance, one-half the administrative fee per lot shall be paid at final plat approval and the other one-half paid at permit issuance. (Ord. 994 § 1, 2007).
15.30.150 Impact fee deferral.
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 Lincoln 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 impact fees have been paid in full. The term of the impact fee deferral shall not exceed 18 months.
In the event that the fees are not paid within the time provided in this section, the city shall institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW, except as revised herein. 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 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 nonpayment of impact fees. (Ord. 1101 § 1, 2016).