Chapter 3.50
IMPACT FEES
Sections:
3.50.010 Findings and authority.
3.50.030 Assessment of impact fees.
3.50.035 Single-family residential deferral program.
3.50.125 Fire protection facility impact fee schedule.
3.50.130 Transportation impact fee schedule.
3.50.140 Independent fee calculations.
3.50.150 Existing authority unimpaired.
3.50.010 Findings and authority.
The council hereby finds and determines that new growth and development, including but not limited to new residential, commercial, retail, office, and industrial development, in the city will create additional demand and need for public facilities in the city, and the council finds that new growth and development should pay a proportionate share of the cost of facilities needed to serve such new growth and development. The city of Tumwater has conducted extensive studies documenting the procedures for measuring the impact of new developments on public facilities, has prepared a transportation impact fee program and a fire impact fee rate study, and hereby incorporates both studies into this chapter by reference. In addition, Olympia School District No. 111 conducted a study documenting the impact of new development within the Olympia School District on Olympia School District facilities, and Tumwater School District No. 33 conducted a study documenting the impact of new development within the Tumwater School District on Tumwater School District facilities. The city of Tumwater hereby incorporates the Olympia School District study and the Tumwater School District study into this chapter by reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess impact fees for transportation, fire protection facilities, and public schools within Olympia School District No. 111 and within Tumwater School District No. 33. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program.
(Ord. O2010-008, Amended, 05/04/2010; Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. 1357, Amended, 06/01/1993; Ord. 1333, Added, 10/20/1992)
3.50.020 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.
A. “Act” means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, RCW 82.02.050 et seq., as now in existence or as hereafter amended.
B. “Building permit” means the permit required for new construction and additions pursuant to TMC Chapter 15.04. The term “building permit,” as used herein, shall not be deemed to include:
Permits required for the remodeling, rehabilitation, or other improvements to an existing structure or for rebuilding a damaged or destroyed structure, provided there is no increase in the applicable unit of measure (i.e., for nonresidential construction) or number of dwelling units (for residential construction) resulting therefrom.
C. “Capital facilities” means the facilities or improvements included in the currently adopted city of Tumwater capital facilities plan.
D. “Capital facilities plan” means the city of Tumwater capital facilities plan element of the comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended.
E. “City” means the city of Tumwater.
F. “City of Tumwater transportation plan” means the transportation plan element of the comprehensive plan adopted pursuant to Chapter 35.63 RCW, or any amendment thereto, and such plan as amended.
G. “Council” means the city council of Tumwater.
H. “Department” means the department of community development.
I. “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 public facilities.
J. “Development approval” means any written authorization from the city which authorizes the commencement of a development activity.
K. “Direct access improvements” means frontage improvements and other roadway construction required by city of Tumwater ordinance or other access improvements necessary for approval of a development activity.
L. “Director” means the director of community development or the director’s designee.
M. “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.
N. “Fire impact fee rate study” means the rate study for impact fees for fire protection facilities dated January 8, 2003, which is incorporated herein by reference, a copy of which is on file with the city clerk.
O. “Hearing examiner” means the land use hearing examiner who acts on behalf of the council in considering and applying land use regulatory codes as provided under TMC Chapter 2.58.
P. “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.
Q. “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 TMC 3.50.080 and shall comply with the requirements of RCW 82.02.060.
R. “Impact fee schedule” means the fee schedules set forth in TMC 3.50.125, 3.50.130 and 3.50.135, as reflected in the currently adopted and amended fee resolution.
S. “Independent fee calculation” means the traffic engineering calculation, the fire protection facilities calculation, and/or economic documentation prepared by a feepayer to support the assessment of an impact fee other than by the use of the impact fee schedules.
T. “Interest” means the interest rate earned by the city on an impact fee account.
U. “Owner” means the owner of record of real property, or a person with an unrestricted written option to purchase 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. “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 system improvements. No improvement or facility included in a capital facilities plan approved by the council shall be considered a project improvement.
W. “Public facilities” means public streets and roads, Tumwater School District No. 33 infrastructure, and Olympia School District No. 111 infrastructure.
X. “Road” 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, street, and other thoroughfare, except an alley.
Y. “Transportation impact fee program” means the city of Tumwater transportation impact fee program, as adopted by the city council and as hereafter amended, a copy of which is on file with the city clerk.
Z. “Olympia School District study” means the Olympia School District rate study for interim impact fees for school facilities for adoption by the city of Olympia, the city of Tumwater and Thurston County, Washington, and such study as amended, which is incorporated herein by reference, a copy of which is on file with the city clerk. For the purpose of this chapter, the Olympia School District study applies only to those properties within the city of Tumwater that lie within Olympia School District No. 111.
AA. “Square footage” means the square footage of the gross floor area of the development.
BB. “State” means the state of Washington.
CC. “System improvements” means 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.
DD. “TMC” means the Tumwater Municipal Code.
EE. “Tumwater School District study” means the 2004 Tumwater School District No. 33 Capital Facilities Plan 2004-2010, and such future plan, as amended, for adoption by the city of Tumwater, and Thurston County, Washington, which is incorporated herein by reference, a copy of which is on file with the city clerk. For the purpose of this chapter, the Tumwater School District study applies only to those properties within the city of Tumwater that lie within Tumwater School District No. 33.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-008, Amended, 05/04/2010; Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. O99-024, Amended, 12/21/1999; Ord. O96-027, Amended, 10/15/1996; Ord. O94-038, Amended, 12/06/1994; Ord. 1333, Added, 10/20/1992)
3.50.030 Assessment of impact fees.
A. The city shall collect impact fees, as set forth in TMC 3.50.125, 3.50.130, 3.50.135 and 3.50.140, 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 permit, except that nonresidential development shall not be assessed an Olympia schools impact fee, or a Tumwater schools impact fee.
B. Impact fees shall be collected from the feepayer prior to issuing the development approval, using the impact fee schedules in effect on the date of the application for the development activity, except as provided in TMC 3.50.035.
(Ord. O2016-008, Amended, 06/21/2016; Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. 1357, Amended, 06/01/1993; Ord. 1333, Added, 10/20/1992)
3.50.035 Single-family residential deferral program.
An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment until final inspection or eighteen months from the date of original building permit issuance, whichever occurs first.
A. For the purposes of this deferral program, “applicant” includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant.
B. An applicant for deferral must request the deferral no later than the time of application for a building permit. Any request not so made shall be deemed waived.
C. To receive a deferral, an applicant must:
1. Submit a deferred impact fee application and acknowledgment form for each single-family attached or detached residence for which the applicant wishes to defer payment of the impact fees;
2. Pay the applicable administrative fee pursuant to the city’s adopted fee resolution;
3. Grant and record at the applicant’s expense a deferred impact fee lien in a form approved by the city against the property in favor of the city in the amount of the deferred impact fee that:
a. Includes the legal description, tax account number, and address of the property;
b. Requires payment of the impact fees to the city prior to final inspection or eighteen months from the date of original building permit issuance, whichever occurs first;
c. Is signed by all owners of the property, with all signatures acknowledged as required for a deed and recorded in Thurston County;
d. Binds all successors in title after the recordation; and
e. Is junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees.
D. The amount of impact fees deferred shall be determined by the fees in effect at the time the applicant applies for a deferral.
E. Prior to final inspection or eighteen months from the date of original building permit issuance, the applicant may pay the deferred amount in installments, with no penalty for early payment.
F. The city shall withhold final inspection until the impact fees have been paid in full. Upon receipt of final payment of impact fees deferred under this section, the city shall execute a release of deferred impact fee lien for each single-family attached or detached residence for which the impact fees have been received. The applicant, or property owner at the time of release, shall be responsible for recording the lien release at his or her expense.
G. The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of final inspection.
H. If impact fees are not paid in accordance with the deferral and in accordance with the term provisions established herein, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW.
I. Each applicant for a single-family attached or detached residential construction permit, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals under this section for the first twenty single-family residential construction building permits.
(Ord. O2016-008, Added, 06/21/2016)
3.50.040 Exemptions.
A. The following development activities shall be exempt from the payment of all 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 twelve 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 create significant impacts 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 had been caused by use of that structure. An alteration is presumed to not create additional traffic impacts when a current or prior use of the structure has a trip generation rate greater than or equal to the proposed alteration. The applicant shall have the responsibility of demonstrating that an equivalent or higher level of impact existed or currently exists than would be caused by the alteration. City or Thurston County records of current or prior uses shall be presumed to be adequate proof for determining the level of impact that existed on or after November 2, 1992.
5. Miscellaneous improvements, including but not limited to fences, walls, swimming pools, and signs.
6. Demolition or moving of a structure.
7. Home occupations as defined in TMC Chapter 18.04.
8. Any form of low-income housing occupied by households whose income when adjusted for size is at or below eighty percent of the area median income, as annually adjusted by the U.S. Department of Housing and Urban Development, shall be exempt from paying school impact fees to Olympia School District No. 111; provided, that a covenant approved by the school district to assure continued use for low-income housing is executed, and that the covenant is an obligation that runs with the land upon which the housing is located, and recorded against the title of the property.
B. Nonresidential new development will not be charged an Olympia schools impact fee or a Tumwater schools impact fee.
C. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or any other section; with the exception of low-income housing exemptions pursuant to subsection (A)(8) of this section, pertaining to Olympia School District No. 111. Requests for exceptions for low-income housing shall be directed to District No. 111. District No. 111 shall determine whether a particular development activity falls within an exemption identified in this section. District No. 111 shall forward its determination to the director in writing, and the director may adopt the determination of District No. 111 and may exempt or decline to exempt a particular development activity, or the director may make an alternative determination and set forth the rationale for the alternative determination. Determinations of the director shall be subject to the appeals procedures set forth in TMC 3.50.070.
(Ord. O2013-025, Amended, 01/07/2014; Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O99-045, Amended, 12/21/1999; Ord. O94-038, Amended, 12/06/1994; Ord. 1333, Added, 10/20/1992)
3.50.050 Credits.
A. A feepayer can request that a credit or credits be awarded to him/her for the value of dedicated land, improvements, or construction provided by the feepayer if the land and/or the facility constructed are system improvements that provide capacity to serve new growth beyond that associated with the fee payer’s development, and said system improvements are included within the adopted capital facilities plan.
B. For each request for a credit or credits, the feepayer shall retain an appraiser approved by the department to determine the value of the dedicated land, improvements, or construction provided by the feepayer.
C. The feepayer shall pay the cost of the appraisal or request that the cost of the appraisal be conducted from the credit which the department may be providing to the feepayer.
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 sixty days shall nullify the credit.
E. Any claim for credit must be made not later than the time of application for a building permit. Any claim not so made shall be deemed waived, unless such claim is made within twenty days of the application.
F. No credit shall be given for project improvements or right-of-way dedications for direct access improvements to and/or within the development in question. Where a project provides for direct access to or within the development and also provides a system improvement, credit may be granted for only the incremental increase in project cost attributable to the system-wide aspects of the project.
G. A feepayer can also request that a credit be granted in a situation involving the replacement or alteration of an existing structure on the same parcel where the current or prior use of that structure had an impact on public facilities. In this situation, the credit may be requested only for the amount of an impact fee that would be assessed under this chapter for the highest level of impact previously caused by use of the structure. Procedures for establishing the availability of such a credit shall be as set forth in TMC 3.50.040(A)(4). When a credit is granted in this situation, the feepayer shall be assessed an impact fee only for the incremental increase in impact caused by the replacement or alteration above the highest level of impact of current or documented previous uses.
H. Eligible credits above and beyond a project’s impact will be paid to the feepayer no sooner than the year that the improvement was shown in the capital facilities plan provided unencumbered funds are available in the impact fee account. If not available when requested, such requests for payment shall be made on a first come, first served basis.
I. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in TMC 3.50.070.
(Ord. O99-045, Amended, 12/21/1999; Ord. O94-038, Amended, 12/06/1994; Ord. 1333, Added, 10/20/1992)
3.50.060 Adjustments.
Pursuant to and consistent with the requirements of RCW 82.02.060, the transportation impact fee program, the fire impact fee rate study, the Olympia School District study, and the Tumwater School District study have provided adjustments for past and/or future taxes paid or to be paid by the new development which are earmarked for or proratable to the same new public facilities that will serve the new development. In the roads study, that adjustment has been made by explicitly excluding from the calculation of the fee schedule in TMC 3.50.130 that portion of the total project costs which will be funded through revenue sources other than impact fees. In the fire impact fee rate study, capital costs associated with the North End fire station and fire apparatus were explicitly excluded from the calculation. The impact fee schedules in TMC 3.50.130 and 3.50.135 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund system improvements.
(Ord. O2010-008, Amended, 05/04/2010; Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. O99-045, Amended, 12/21/1999; Ord. O94-038, Amended, 12/06/1994; Ord. 1333, Added, 10/20/1992)
3.50.070 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain development approval. Appeals regarding the impact fees imposed on any development activity may only be taken by the feepayer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fees at issue have been paid.
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 which is authorized in TMC 3.50.140, or the fees imposed by the director pursuant to TMC 3.50.125, 3.50.130, and 3.50.135, 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 pursuant to TMC Chapter 2.58, within ten days of the director’s issuance of a written determination by filing with the department 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 land use decisions. The director shall transmit to the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation with sufficient information for the hearing examiner to assess the reasons the director used in determining the fee to be paid.
D. The department shall fix a time for the hearing of the appeal and give notice to the parties in interest. The hearing examiner will decide the same as provided in TMC 2.58.130. 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 TMC 2.58.150 through 2.58.180.
F. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the director by this chapter.
G. Where the hearing examiner determines that there is a flaw in the impact fee program or that a specific exemption or credit should be awarded on a consistent basis or that the principles of fairness require amendments to this chapter, the hearing examiner may advise the council as to any question or questions that the hearing examiner believes should be reviewed as part of the council’s annual or other periodic review of the fee schedules as mandated by TMC 3.50.110.
(Ord. O2007-024, Amended, 03/18/2008; Ord. O2002-029, Amended, 04/01/2003; Ord. O94-038, Amended, 12/06/1994; Ord. 1333, Added, 10/20/1992)
3.50.080 Establishment of impact fee accounts for transportation, fire protection facilities, the Olympia School District No. 111, and the Tumwater School District No. 33.
A. Transportation and fire protection 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. Olympia School District No. 111 and Tumwater School District No. 33 impact fees shall be deposited in an agency fund to be withdrawn and remitted to the districts according to the terms of interlocal agreements.
B. There are hereby established four separate impact fee accounts for the fees collected pursuant to this title: the transportation impact fee account, the fire protection facilities impact fee account, the Olympia schools impact fee account, and the Tumwater schools impact fee account. Funds withdrawn from these accounts must be used in accordance with the provisions of TMC 3.50.100. 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. On an annual basis, the director shall provide a report to the council on each of the impact fee accounts showing the source and amount of all monies 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 ten years of receipt, unless the council identifies in written findings an extraordinary and compelling reason or reasons for the city to hold the fees beyond the ten-year period. Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered.
(Ord. O2016-021, Amended, 01/03/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-008, Amended, 05/04/2010; Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. O94-038, Amended, 12/06/1994; Ord. 1333, Added, 10/20/1992)
3.50.090 Refunds.
A. If the city fails to expend or encumber the impact fees within ten years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to TMC 3.50.080, 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. Any 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 to 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 refund arises, 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. O2016-21, Amended, 01/03/2017; Ord. 1333, Added, 10/20/1992)
3.50.100 Use of funds.
A. Pursuant to this chapter, impact fees:
1. Shall be used for system improvements that reasonably benefit the new development; and
2. Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and
3. Shall not be used for maintenance or operation of public facilities.
B. With respect to roads, impact fees may be spent for system improvements, including but not limited to transportation planning, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting, financing, and administrative expenses, the construction of all the necessary features for any road construction project, and capital equipment pertaining to roads.
C. Olympia schools impact fees may be spent for system improvements within Olympia School District No. 111, including but not limited to construction of facilities and/or the expansion of existing facilities, and auxiliary facilities, such as cafeterias and principals’ offices, including the cost of land, design, structures, equipment and furniture, site improvements, and legal and administrative costs.
D. Fire protection facility impact fees shall be used to accelerate payment of the general obligation bonds issued to build the headquarters fire station.
E. Tumwater School District impact fees may be spent for system improvements within the Tumwater School District No. 33, including but not limited to construction of facilities and/or the expansion of existing facilities, and auxiliary facilities, such as cafeterias and principals’ offices, including the cost of land, design, structures, equipment and furniture, site improvements and legal and administrative costs.
F. Impact fees may be used to recoup system improvement costs previously incurred by the city in anticipation of new growth and development to the extent that the development activity will be served by the previously constructed improvements or the incurred costs.
G. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of 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 development activity.
(Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. 1357, Amended, 06/01/1993; Ord. 1333, Added, 10/20/1992)
3.50.110 Annual review.
The impact fee schedules set forth in TMC 3.50.125, 3.50.130, and 3.50.135 shall be reviewed by the council as it may deem necessary and appropriate in conjunction with the annual update of the capital facilities plan of the city’s comprehensive plan.
(Ord. O2007-024, Amended, 03/18/2008; Ord. O2002-029, Amended, 04/01/2003; Ord. 1357, Amended, 06/01/1993; Ord. 1333, Added, 10/20/1992)
3.50.125 Fire protection facilities impact fee schedule.
A fire protection facilities impact fee will be assessed on all new land use development in accordance with the fire protection facility impact fee rate set forth in the fee resolution of the city council.
(Ord. O2002-029, Added, 04/01/2003)
3.50.130 Transportation impact fee schedule.
A. A transportation impact fee will be assessed to all new land use development according to the type of land use as defined through the application of the fee resolution of the city council.
B. Any land use type not referred to in the fee resolution will be assessed the impact fee for the most similar type of land use, as determined by the director.
C. Transportation impact fees will be adjusted annually as provided in the fee resolution based on the Engineering News Record Construction Cost Index for the Seattle, Washington, area as reported for July to establish the fee schedules effective January 1 of the subsequent year.
(Ord. O2010-008, Amended, 05/04/2010; Ord. O99-045, Amended, 12/21/1999; Ord. O99-043, Amended, 12/21/1999; Ord. O94-038, Amended, 12/06/1994; Ord. 1333, Added, 10/20/1992)
3.50.135 Olympia School District No. 111 and Tumwater School District No. 33 school impact fee schedule.
A. An Olympia schools impact fee will be assessed to all new residential land use development within that portion of the city of Tumwater which lies within the Olympia School District according to the type of housing and per the fee resolution of the city council.
B. Impact fees for any residential housing type not listed above will be calculated using the formulas described in the Olympia School District study.
C. A Tumwater schools impact fee will be assessed to all new residential land use development within that portion of the city of Tumwater which lies within the Tumwater School District according to the type of housing and per the fee resolution of the city council.
D. Impact fees for any residential housing type not listed above will be calculated using formulas described in the Tumwater School District study.
(Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. O99-043, Amended, 12/21/1999; Ord. O94-038, Added, 12/06/1994)
3.50.140 Independent fee calculations.
A. If, in the judgment of the director, none of the fee categories or fee amounts set forth in the schedules in TMC 3.50.125, 3.50.130, and 3.50.135 accurately describe or capture the impacts of the new development, or there are unusual circumstances in specific cases, the department may conduct independent fee calculations and the director may 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 director may determine the fees to be imposed based on the director’s judgment of the approximate equivalent number of residents that would be generated compared to single-family dwellings.
B. If a feepayer opts not to have the impact fees determined according to the fee schedules in TMC 3.50.125, 3.50.130, and 3.50.135, then the feepayer 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.
C. Any feepayer electing an independent fee calculation shall be required to pay to the city of Tumwater a fee to cover the cost of reviewing and preparing findings and the resulting determination on the independent fee calculation, as follows:
1. If the feepayer elects to submit his/her own independent fee calculation, the feepayer shall pay to the city at the time of the independent fee calculation election an administrative processing fee plus a deposit towards the city’s actual costs incurred in reviewing the independent fee calculation.
2. The feepayer shall remit all remaining actual costs of the city’s review of the independent fee calculation prior to and as a precondition of the city’s issuance of a building permit. If the actual costs are lower than the deposit amount, the difference shall be remitted to the feepayer.
3. The fees for independent fee calculation shall be as established by resolution of the city council.
D. While there is a presumption that the calculations set forth in TMC 3.50.125, 3.50.130, and 3.50.135 are valid for each form of development, the director shall consider the independent fee calculation documentation submitted by the feepayer. However, the director is not required to accept any documentation which the director reasonably deems to be inaccurate or unreliable and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. Based on the information within the director’s possession, the director is authorized to adjust the impact fee calculation to the specific characteristics of the development activities, and/or according to principles of fairness.
E. Determinations made by the director pursuant to this section may be appealed to the hearing examiner, subject to the procedures set forth in TMC 3.50.070.
(Ord. O2010-008, Amended, 05/04/2010; Ord. O2007-024, Amended, 03/18/2008; Ord. O2004-026, Amended, 01/04/2005; Ord. O2002-029, Amended, 04/01/2003; Ord. O95-047, Amended, 12/05/1995; Ord. 1357, Amended, 06/01/1993; Ord. 1333, Added, 10/20/1992)
3.50.150 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 43.21C RCW, based on the environmental documents accompanying the underlying development approval process; provided, that the exercise of this authority is consistent with the provisions of RCW 82.02.050(1)(c).
(Ord. 1333, Added, 10/20/1992)