Chapter 12.28
TRANSPORTATION IMPACT MITIGATION
Sections:
12.28.020 Basis for dedication or assessment.
12.28.030 Credit for prior assessment.
12.28.040 Mitigation assessments.
12.28.050 Mitigation assessments established.
12.28.060 Administration of assessments.
12.28.070 Impact fee – Exception.
12.28.080 Appeals and adjustments.
12.28.090 Deferral of impact mitigation fees.
12.28.010 Applicability.
The provisions of this chapter shall be applicable to all residential property development within the City. “Residential property development” shall mean any application for any residential building permit or conditional use permit for a single-family dwelling, mobile home, duplex or multifamily dwelling, and any application for approval of a mobile home park. [Ord. 801 § 1, 2019.]
12.28.020 Basis for dedication or assessment.
A. All mitigation assessments shall be made on a per-unit basis. “Unit” shall mean each dwelling unit, mobile home or lot as applicable and as defined in EMC Title 19.
B. Where the number of dwelling units or mobile homes is not precisely known at the time of property development, “unit” shall mean at least one single-family dwelling unit or mobile home for each lot, to be increased when the number of dwelling units or mobile homes becomes known or fixed through application for a building permit or other applicable permit. [Ord. 801 § 1, 2019.]
12.28.030 Credit for prior assessment.
A. This chapter is not intended to require new assessments for a unit previously subject to full and complete mitigation assessments for the unit, individually or as part of a larger project. Mitigation assessments shall not result in imposition of more than the cost of one unit for any single dwelling unit or mobile home. Full or partial credit shall be given for the value of any mitigation assessment previously provided by the developer as a condition of approving the property development.
B. All property development applications shall be subject to mitigation assessments established by this chapter unless prior assessment for transportation impacts has been made such that the total assessment obligations otherwise applicable to the property development have been met. [Ord. 801 § 1, 2019.]
12.28.040 Mitigation assessments.
When mitigation assessments are required, payment of the mitigation assessments shall be required in conformance with this chapter. [Ord. 801 § 1, 2019.]
12.28.050 Mitigation assessments established.
A. Mitigation assessments for transportation impacts shall be based on the estimated costs of major capital improvement projects included in the City’s transportation improvement program and the estimated number of dwelling units benefited by each project.
B. Mitigation assessments for transportation impacts shall be as follows:
1. On lots and parcels having primary access by way of Greens Lane: $2,500.
2. At all other locations within the City limits: $0.
C. Mitigation assessments required under this chapter shall be due and payable at the time of building permit approval. [Ord. 801 § 1, 2019.]
12.28.060 Administration of assessments.
There is hereby created and established a special purpose, nonoperating transportation impact fund, to which all mitigation assessments are paid. Fund administration shall be as follows:
A. Separate Account for Each Development. Any assessments paid to the City shall be deposited in the fund and administered as a separate account for the development in question, and the account balance shall be applied only to the completion of improvements or acquisition projects specified in the capital improvement plan as approved or amended by the City Council.
B. Interest Earned. Interest and investment income earned by the fund shall be redeposited in the fund and allocated proportionally to each sub-account.
C. Time Limit for Expenditures. Any funds remaining in a development’s account shall be refunded with interest to the property owner of record within six years of receipt, unless there exists an extraordinary and compelling reason for fees to be held longer than six years. Such extraordinary or compelling reasons shall be identified in written findings by the City Council.
D. Impact Fees Paid Under Protest. Impact fees may be paid under protest in order to obtain a property development permit or approval.
E. Refund for Expired Property Development Permit or Approval. If a developer pays any assessments to the transportation impact fund for mitigation purposes, and the development’s building permit or other approval expires before any substantial construction has commenced, the developer or the developer’s successors in interest shall be entitled to a refund of the payments made plus interest, less a charge of 10 percent of the original assessment for processing of the account. Any amount erroneously paid or collected shall be refunded in full.
F. Administration of Impact Fee Refunds. All refunds of impact fees authorized herein shall be administered in accordance with RCW 82.02.080 and as it is hereafter amended. [Ord. 801 § 1, 2019.]
12.28.070 Impact fee – Exception.
Any person(s) required to pay a fee or dedicate land pursuant to RCW 43.21C.060 for system improvements utilized to establish impact fees under this chapter shall not be required to pay an impact fee under this chapter for those same system improvements. [Ord. 801 § 1, 2019.]
12.28.080 Appeals and adjustments.
Any person(s) seeking an adjustment to the dedication or mitigation assessments required by this chapter shall have a right to appeal to the City Council. Any such appeal shall be filed with the City Clerk in writing within 10 days after the date of mailing or transmittal by the City of written notice of the specific mitigation assessments required by this chapter. Following receipt of such an appeal, the City Council shall hold a public hearing to consider the appeal at its next available meeting. In considering the appeal, the City Council may, in its discretion, take into account unusual circumstances in a specific case and may consider studies and data submitted by the appellant(s). The City Council shall issue such determination as it deems fair and equitable. The decision of the City Council shall be in writing and shall be the final decision of the City. [Ord. 801 § 1, 2019.]
12.28.090 Deferral of impact mitigation fees.
Payment of impact mitigation fees established pursuant to this chapter to be collected in conjunction with approval of a residential building permit may be deferred consistent with the provisions set forth in this section:
A. Deferral of payment of impact fees shall be requested in writing at the time of application for a building permit.
B. Payment of impact fees may be deferred to the time just prior to the issuance of the certificate of occupancy for the subject structure.
C. A request for deferral of payment of an impact fee shall not require the payment of a fee or the recording of any type upon the title of the subject property. [Ord. 828 § 2, 2021.]