Chapter 20.25 TRANSPORTATION IMPACT FEES

Chapter 20.25
TRANSPORTATION IMPACT FEES

Sections:

20.25.020 Imposition and calculation of transportation impact fee.

20.25.010 Service area.

The service area within which a transportation impact fee shall be charged and collected is co-extensive with the corporate city limits, and shall include all unincorporated areas annexed to the city on and after the effective date of the ordinance codified in this chapter. After the adoption of interlocal agreements with other local and regional governments, geographic boundaries may be expanded consistent therewith. (Ord. 1619-07 § 5, 2007).

20.25.020 Imposition and calculation of transportation impact fee.

A. There is hereby imposed a transportation impact fee measured in units of vehicle-miles and based on a figure of $473.00 per daily vehicle-mile of travel for any development within the service area, except a development specifically exempt pursuant to FMC 20.10.090, Impact fee exemptions.

B. The actual transportation impact fee shall be generated from the formula for calculating impact fees set forth in the study entitled “Rate Study for Transportation Impact Fees” (DEA, Inc. 2006), as may be amended, and incorporated herein by reference. A copy of the “Rate Study for Transportation Impact Fees” is on file in the city clerk’s office.

C. The public works director or his/her designee shall be responsible for calculating the amount of the applicable transportation impact fee for each development.

D. The timing of the payment shall be in accordance with the provisions of FMC 20.10.060.

E. In accordance with FMC 20.10.080, the public works department may consider unusual circumstances for specific developments and may adjust the transportation impact fee for specific developments to ensure that impact fees are imposed fairly. The department shall set forth its reasons for adjusting the impact fee in written findings. In determining whether to adjust the impact fee, the department shall consider the following sources of information:

1. The Institute of Transportation Engineers (ITE) “Trip Generation User’s Guide,” latest edition.

2. If the applicant proposes a trip generation rate other than that set forth in the ITE “Trip Generation User’s Guide,” latest edition, the applicant shall provide supporting studies or data for a minimum of three comparison sites, at the same level of detail as would be necessary for the data to be accepted by ITE for inclusion in its database for trip generation.

3. Any other data or studies submitted by a qualified transportation professional affiliated with the Institute of Transportation Engineers or a professional engineer licensed by the state of Washington. (Ord. 1859 § 110, 2014; Ord. 1619-07 § 6, 2007).

20.25.025 Impact fee discounts.

A. Any development that meets all of the following criteria may apply for a maximum 30 percent discount from the traffic impact fee that would otherwise be imposed under FMC 20.25.020:

1. Qualifying Uses. All uses consist only of those uses that meet one or more of the following definitions:

a. Retail sales store as defined in FMC 19.40.020(J), subject to the limitations set forth below;

b. Commercial service as defined in FMC 19.40.020(K), subject to the limitations set forth below;

c. Agricultural use as defined in FMC 19.40.020(G), subject to the limitations set forth below;

d. Entertainment facility as defined in FMC 19.40.020(L);

e. Restaurant uses as defined in FMC 19.40.020(R), subject to the following:

i. Restaurant establishments that meet the following criteria are not qualified uses and are not eligible for an impact fee discount: restaurants or other establishments where the service of alcoholic beverages is not merely incidental and complementary to the primary service of food such that any area that is designated solely for dispensing and consumption of alcoholic beverages, including but not limited to a lounge or bar, shall occupy more than 25 percent of the total floor area that is intended for the use and access by the establishment’s customers;

ii. Notwithstanding the above, restaurant establishments that meet the following criteria are qualifying uses: restaurants or establishments that are commonly known as brewpubs or wineries, which is herein defined as an eating and drinking establishment having a microbrewery on the premises which produces beer, ale, or other malt beverage, or wine, and where the majority of the beer/wine produced is consumed on the premises. 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;

2. The development’s uses do not include or consist of any of the following uses: gasoline sales, vehicle parts (new/manufactured), vehicle detailing, or livestock as defined in FMC 19.06.420;

3. The combined building space of all structures within the development is not greater than 50,000 square feet; and

4. 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. Developments comprising of mixed use structures, as defined by FMC 19.06.495, may apply for the above discount to be applied to the impact fees that are associated solely with qualifying uses within the development and that meet all of the above criteria.

C. Any claim for a discount must be made before payment of the impact fee is due. Any claim not so made shall be deemed waived.

D. 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 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 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.

E. The amount of the impact fees not collected pursuant to this discount shall be paid from public funds other than the impact fee account.

F. The public works director, or his/her designee, shall be authorized to determine whether a particular development meets the criteria for a discount. (Ord. 1859 § 111, 2014; Ord. 1635-07 § 2, 2007).

20.25.027 Traffic impact fee credit.

A. For purposes of calculating an adjustment to the traffic impact fee, as authorized by FMC 20.25.020(E), the public works director shall consider the demolition of an existing structure in which a lawful business is operating on the property to be developed as an unusual circumstance justifying a potential impact fee credit.

B. A traffic impact fee credit may be given administratively by the city manager if it is for redevelopment that will not immediately occur as part of the initial development activity, but will occur within two years from the time the credit is given, so long as all of the criteria set forth in subsection (D) of this section are met and the city manager documents his reasons for the credit in written findings that also specify the use toward which the credits can be used, the number of credits to be given, and the duration of those credits.

C. A traffic impact fee credit may be given by the city council if redevelopment will not occur for more than two years from the time credit is given if, and only if, all of the following criteria in subsection (D) of this section are met and the city council incorporates its reasons for giving the credit in a development agreement that shall also specify the use toward which the credits can be used, the number of credits to be given, and the duration of those credits.

D. No credit shall be given under the provisions of subsection (B) or (C) of this section unless all of the following criteria are met:

1. There is an existing use and structure on the tax parcel to be developed that the decision maker finds is not conducive to promoting economic development within the city;

2. The peak hour trips for which credit would be given shall not be greater than the number of peak hour trips that were generated by the existing use on the tax parcel;

3. The credit can only be used on the same tax parcel, or a larger parcel that includes the same property on which the use and structure identified in subsection (D)(1) of this section is located; and

4. The credit is to be used for a use that the decision maker identifies is encouraged to locate in the city in order to promote economic development and/or tourism. (Ord. 1770 § 1, 2012).

20.25.030 Review and update.

Transportation impact fees shall be reviewed by the city council and adjusted as appropriate, in conjunction with the periodic update of the transportation element of the city’s comprehensive plan or at such intervals as the city council determines. (Ord. 1619-07 § 7, 2007).