Chapter 3.52
TUMWATER PARK IMPACT FEES
Sections:
3.52.010 Findings and authority.
3.52.020 Short title, authority, and applicability.
3.52.040 Rules of construction.
3.52.060 Imposition of park impact fee.
3.52.070 Computation of the park impact fee amount.
3.52.080 Park impact fee service areas.
3.52.090 Establishment of park impact fee accounts.
3.52.110 Refunds of fees paid.
3.52.010 Findings and authority.
A. In order to meet development requirements and maintain park standards Tumwater must expand the park system. This must be done in order to promote and protect the public health, safety, and welfare.
B. The Washington State Legislature authorized local jurisdictions to enact impact fees through the enactment of the Washington State Growth Management Act (Chapter 17, Laws of 1990, First Executive Session, Chapter 36.70A of the Revised Code of Washington (RCW) et sequitur, and Chapter 32, Laws of 1991, First Special Session, RCW 82.02.050 et sequitur, as now in existence or as hereafter amended). The Washington State Legislature clarified the basis of fees by including sections on development impact fees (Sections 40 through 44, 46 through 48, RCW 82.02.050, 82.02.060, 82.02.070, 82.02.080, 82.02.090, 82.46.050, 82.46.060). The fees are intended to be a means of implementing Goal 12 in Section 2 of the GMA (RCW 36.70A.020).
C. The imposition of impact fees is one of the preferred methods of ensuring that new development bears a proportionate share of the cost of capital facilities necessary to accommodate new growth.
D. Each type of land development described in TMC 3.52.060 will create demand for the acquisition or expansion of parks and the construction of recreational facilities and other park improvements.
E. The fees established in TMC 3.52.070 are derived from, based upon, and do not exceed the costs of providing additional park and park improvements necessitated by the new land developments for which the fees are levied.
(Ord. O2007-024, Added, 03/18/2008)
3.52.020 Short title, authority, and applicability.
A. This chapter shall be known and may be cited as the Tumwater park impact fee ordinance.
B. The council of Tumwater has the authority to adopt the ordinance codified in this chapter pursuant to the Washington State Growth Management Act (Chapter 17, Law of 1990, First Executive Session, Chapter 36.70A of the Revised Code of Washington (RCW) et sequitur, and Chapter 32, Laws of 1991, First Special Session, RCW 82.02.050 et sequitur, as now in existence or as hereafter amended).
C. This chapter shall apply to all new residential development submitted after the effective date of this chapter.
(Ord. O2007-024, Added, 03/18/2008)
3.52.030 Intent and purpose.
A. This chapter is intended to assist in the implementation of the capital facilities program element of the Tumwater comprehensive plan, and to help achieve the goals of the Tumwater comprehensive park, recreation and open space plan element therein.
B. The purpose of the park, recreation, and open space plan is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide parks, recreation, and open space, or trail, improvements in Tumwater.
(Ord. O2007-024, Added, 03/18/2008)
3.52.040 Rules of construction.
A. The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and welfare.
B. For the purposes of administration and enforcement, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:
1. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
2. The word “shall” is always mandatory and not discretionary; the word “may” is permissive.
3. Words used in the present tense shall include the future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
4. The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” or “occupied for.”
5. The word “person” includes an individual, a corporate entity, a partnership, an incorporated association, or any other similar entity.
6. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or,” or “either ... or,” the conjunction shall be interpreted as follows:
a. “And” indicates that all the connected terms, conditions, provisions, or events shall apply.
b. “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
c. “Either ... or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
7. The word “includes” shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.
(Ord. O2007-024, Added, 03/18/2008)
3.52.050 Definitions.
A. “Capital improvement” includes park planning, land acquisition, site improvements, buildings, and equipment but excludes maintenance, operation, repair, alteration, or replacement.
B. “Capital facilities program (CFP)” is a six-year plan that is annually updated and approved by the council to finance the development of capital facilities necessary to support the population projected within Tumwater over the six-year projection period. As defined in the GMA, the capital improvement program will include:
1. Forecast of future needs for park facilities;
2. Identification of additional demands placed on existing public facilities by new development;
3. Long-range construction and capital improvements projects of the city;
4. Parks under construction or expansion;
5. Proposed locations and capacities of expanded or new park facilities;
6. Inventory of existing park facilities;
7. At least a six-year financing component, updated as necessary to maintain at least a six-year forecast period, for financing needed for park facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters; and
8. Identification of deficiencies in park facilities and the means by which existing deficiencies will be eliminated within a reasonable period of time.
In accordance with GMA requirements, the current six-year capital facilities program (CFP) will identify all projects that are to be included in the calculation of existing levels-of-service (ELOS) for the purposes of identifying a growth impact fee assessment.
C. “City” means the city of Tumwater, Washington.
D. “Comprehensive park, recreation and open space plan” means the planning document that includes a park and recreation inventory, facility demand, policy and guidance on developing regional citywide and local park and recreation facilities.
E. “Developer” means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.
F. “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 for park and recreational facilities (GMA, Section 48, RCW 82.02.090).
G. “Development approval” means any written authorization from a county, city or other municipal jurisdiction that authorizes the commencement of development activity.
H. “Elderly” means a person aged sixty-two or older.
I. “Encumbered” means impact fees identified by the city as being committed as part of the funding for a park or recreation facility for which the publicly funded share has been assured or building permits sought or construction contracts let.
J. “Environments and facilities – regional/citywide”:
1. Have significant physical qualities;
2. Have historical, cultural or social values;
3. Are not duplicated elsewhere in the city;
4. Are of citywide interest; and
5. Are accessible to residents of the city by trails, park features, or local roads.
Regional/citywide facilities may:
1. Have high population participation rates;
2. Have high user volumes;
3. Benefit residents of a number of neighborhoods including adjacent jurisdictions;
4. Involve joint ventures;
5. Represent the ultimate competition level play facility;
6. Have no or low user fee recapture opportunities;
7. Have unique location requirements that require regional coordination; and
8. Be activities for which there are no other logical or available sponsors.
K. “Environments and facilities – local”:
1. Have significant character;
2. Have local historical or social values; but
3. Are duplicated elsewhere within the city, though not elsewhere within the local area; and
4. Are of local rather than citywide interest.
Local facilities:
1. Have significant but not high user participations;
2. Are oriented to local user preferences;
3. Are limited in appeal;
4. Are developed to minimum levels of playing skill or competition;
5. Provide no or low fee recapture potentials;
6. Are not subject to special siting considerations; and
7. Have a number of other public and private sponsors.
L. Growth Impact Requirement. Caused by population increases, created by new developments, and determined by:
1. Calculating the inventory of existing park and recreational lands and facilities [optionally including funded projects listed within the current capital facilities program (CFP)];
2. Dividing by the existing population in order to determine the existing level-of-service (ELOS);
3. Multiplying by the population estimated to be created by the development project (per person or housing unit);
4. Multiplying by the estimated land and facility acquisition and development cost or value for each kind of land and facility unit; in order
5. To determine the composite level-of-service (LOS) value or cost required per person (or housing unit) by the composite development project in order to sustain the existing level-of-service (ELOS).
The growth impact requirement will differentiate the proportional impact (cost or value) required to sustain regional or citywide facilities and local facilities.
M. “Growth impact fee assessment” means a payment of money imposed upon development as a condition of development approval to pay for:
1. Public facilities needed to serve new growth and development;
2. That is reasonably related to the new development that creates additional demand for public facilities;
3. That is a proportionate share of the cost of the public facilities; and
4. That is used for facilities that reasonably benefit the new development.
Park impact fees will be a proportionate amount (less than one hundred percent) of the land acquisition and facility development value or cost required to sustain the existing level-of-service (ELOS) as a result of new development.
The assessment fee proportion of the actual impact will be determined on an annual basis by the council. The council will review and consider projected park and recreation facility requirements, funding capabilities and trends, citizen preferences concerning park improvement financing, and other issues when determining the proportionate amount to be charged new developments.
The growth impact fee assessment will include a proportionate amount:
1. For regional or citywide facilities – that may be distributed amongst other park providers for the creation of a citywide system of park and recreation facilities on a citywide basis; and
2. Local facilities – that may be distributed amongst or jointly invested by Tumwater and other park providers for the creation of local facilities servicing the residents of Tumwater neighborhoods.
Park growth impact fees do not include reasonable permit or application fees or charges.
N. “Growth impact fee – schedule” means the table of impact fees to be charged per unit of development as computed by the formula adopted under this chapter, and indicating the standard fee amount per dwelling unit type to be paid as a condition of development within the city.
O. “Improvements – project” means the site improvements and facilities planned and designed to provide service for a particular development project. Project improvements are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. Project improvement examples include the construction of water and sewer lines or interior roads that serve only the structures and occupants located within the development. No improvement or facility in a capital facilities program (CFP) approved by the city council shall be considered a project improvement. The developer normally pays project improvements as a condition of development approval. Project improvements are not financed with public funds nor included within the city’s capital facilities program and development impact fees.
P. “Improvements – system” means public facilities designed to serve areas within the community at large, in contrast to project improvements designed to service occupants of a particular development project or site. System improvement examples include collector or arterial roads, schools, and city parks. Systems improvements are financed with public funds in accordance with the city’s capital facilities program (CFP). An impact fee may be imposed for a system improvement only if the improvement is included within Tumwater’s capital facilities program (CFP).
Q. “Level-of-service – existing/proposed (ELOS/PLOS)” means the ratio of park and recreation land and facility units (acres, fields, square feet, etc.) to the number of persons in the population (expressed as a unit per one thousand persons). The existing level-of-service (ELOS) includes all park and recreation land and facility units that have been improved to the present time and funded for improvement within the current (existing) time period specified in the capital facilities program (CFP).
The proposed level-of-service (PLOS) includes park and recreational land and facility units that are intended to be added to the current inventory over Tumwater’s comprehensive park, recreation and open space plan’s time period (twenty years) to improve upon existing standards.
Growth impact fees are to be imposed on new developments in order to finance the development of additional facilities necessary to maintain the existing level-of-service (ELOS) as a result of the additional population requirements created by new development.
Existing and proposed level-of-service (ELOS/PLOS) requirements will be estimated for:
1. Regional or citywide facilities – that may be distributed amongst other park providers for the creation of a citywide system of park and recreation facilities on a citywide basis; and
2. Local facilities – that may be distributed amongst or jointly invested by Tumwater and other park providers for the creation of local facilities servicing the residents of Tumwater neighborhoods.
R. “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.
S. “Previously incurred system improvements” means system projects that were accomplished that will serve new growth and development. Impact fees can be imposed on an adjacent development to recover a proportionate share of the money Tumwater spent or previously incurred to provide for the future demand that the adjacent development now requires.
T. “Prior system deficiencies” means improvements that are necessary to expand the existing system to meet current level-of-service (LOS) requirements.
Impact fees may not be used for prior system deficiencies or for improvements that do not benefit or serve new growth.
U. “Private recreational facility” means any recreational facility that is not owned by or dedicated to any public or governmental entity.
V. “Proportionate share” means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.
W. “Public facility” means the following capital facilities owned or operated by government entities:
1. Public streets and roads;
2. Publicly owned parks, open space, and recreation facilities;
3. School facilities; and
4. Fire protection facilities in jurisdictions that are not part of a fire district.
X. “Service areas – regional/local park and recreational” means a geographic area in which a defined set of public facilities provide service to the population within the area. Park and recreational lands, facilities, and services will be provided under a tiered approach that includes:
1. A regional or citywide system that will be organized on a citywide basis; and
2. A local system that may be organized on a neighborhood basis. Separately calculated growth impact fee assessments and capital facilities program (CFP) projects may support each type of facility.
(Ord. O2007-024, Added, 03/18/2008)
3.52.060 Imposition of park impact fee.
A. Any person or entity who, after the effective date of this chapter, seeks to develop land within Tumwater by applying for a building permit for a residential building or permit for residential mobile home installation is hereby required to pay a park impact fee in the manner and amount set forth in this chapter.
B. No new residential building permit or new permit for residential mobile home installation for any activity requiring payment of an impact fee pursuant to TMC 3.52.070 shall be issued unless and until the park impact fee hereby required has been paid.
C. No extension of a residential building permit or permit for residential mobile home installation issued prior to the effective date of this chapter for any activity requiring payment of an impact fee pursuant to TMC 3.52.070 shall be granted unless and until the park impact fee hereby required has been paid.
(Ord. O2007-024, Added, 03/18/2008)
3.52.070 Computation of the park impact fee amount.
A. Schedule. The regional/citywide and local park impact fee value per person shall be determined in accordance with the fee resolution adopted by the city council.
1. If a building permit is requested for mixed uses, then the fee shall be determined using the fee schedule by apportioning the space committed to uses specified on the schedule.
2. If the type of development activity that a residential building permit is applied for is not specified in the fee schedule, the community development director shall use the fee applicable to the most comparable type of land use on the fee schedule. The community development director shall be guided in the selection of a comparable type by the Tumwater comprehensive plan, supporting documents of the Tumwater comprehensive park, recreation and open space plan, and the Tumwater zoning ordinance. If the community development director determines that there is not a comparable type of land use on the above fee schedule, then the community development director shall determine the appropriately discounted fee by considering demographic or other documentation that is available from state, local, and regional authorities.
3. In the case of change of use, redevelopment, or expansion or modification of an existing use that requires the issuance of a building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use. The community development director shall be guided in this determination by the source and agencies listed in subsection (A)(2) of this section.
B. Calculation. If a developer opts not to have the impact fee determined according to subsection A of this section, then:
1. The developer shall prepare and submit to the community development director an independent fee calculation study for the land development activity for which a building permit or permit for mobile home installation is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made.
2. The community development director shall consider the documentation submitted by the developer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the developer to submit additional or different documentation for consideration.
3. If an acceptable independent fee calculation study is not presented, the developer shall pay park impact fees based upon the schedule shown in subsection A of this section.
4. In cases where the developer requests an independent fee calculation, the costs of such calculation shall be borne by the developer.
C. Appeals.
1. Determinations made by the community development director pursuant to this section may be appealed to the hearing examiner by filing a written request with the community development director within ten days of the community development director’s determination.
2. Any appeal of the decision of the city with regard to fee amounts shall follow the process for the appeal of the underlying development activity, as set forth in the Tumwater Municipal Code.
3. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity.
D. Payment of Fee.
1. Impact fees shall be imposed upon development activity in the city based upon the schedule set forth in subsection A of this section and may be collected by the city from any applicant where such development activity requires issuance of a residential building permit or a mobile home permit and the fee for the lot or unit has not been previously paid.
2. Impact fees shall be collected from the feepayer prior to issuing the building permit, using the impact fee schedules in effect on the date of the application for the building permit, except as provided in subsection E of this section.
E. 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. Deferral of impact fees are considered under the following conditions:
1. 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.
2. 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.
3. To receive a deferral, an applicant must:
a. 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;
b. Pay the applicable administrative fee pursuant to the city’s adopted fee resolution;
c. 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:
i. Includes the legal description, tax account number, and address of the property;
ii. 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;
iii. Is signed by all owners of the property, with all signatures acknowledged as required for a deed and recorded in Thurston County;
iv. Binds all successors in title after the recordation; and
v. 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.
4. The amount of impact fees deferred shall be determined by the fees in effect at the time the applicant applies for a deferral.
5. 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.
6. 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 subsection, 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.
7. 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.
8. 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.
9. 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, Amended, 06/21/2016; Ord. O2010-017, Amended, 12/21/2010; Ord. O2007-024, Added, 03/18/2008)
3.52.080 Park impact fee service areas.
A. Regional/Citywide Service Area. A single park impact fee service area will be created for regional or citywide park and recreational facilities to include the entire city.
B. Local Service Areas. Local park and recreation facilities will be located in neighborhood service areas which may be oriented around neighborhood parks, elementary and middle schools, and similar sites. There may be multiple local service areas within the city depending on residential neighborhood boundaries and the location of proximate or nearby sites and facilities.
(Ord. O2007-024, Added, 03/18/2008)
3.52.090 Establishment of park impact fee accounts.
A. Park 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.
1. There are hereby established two separate impact fee accounts for fees collected pursuant to this title: a park impact fee account for regional/citywide park and recreational facilities to include the entire city, and a park impact fee account for local park and recreation facilities to include neighborhoods within the city.
B. Funds withdrawn from these accounts must be used in accordance with the provisions of TMC 3.52.100.
(Ord. O2007-024, Added, 03/18/2008)
3.52.100 Use of funds.
A. Funds collected from park impact fees shall be used solely for the purpose of acquiring and/or making capital improvements to regional/citywide or local parks and recreation facilities under the jurisdiction of Tumwater, and shall not be used for maintenance or operations.
B. Funds shall be used exclusively for acquisitions, expansions, or capital improvements within the regional/citywide or local park impact fee service areas. Funds shall be expended in the order in which they were collected to the extent that they are allocated to the project being improved.
C. In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which park 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 provided are of the type described in subsection A of this section and are located within the appropriate impact fee service areas created by TMC 3.52.080 or as provided in subsection B of this section.
D. Impact fees for system improvements shall be expended by the city only in conformance with the capital facilities program (CFP).
E. Impact fees shall be expended or encumbered by the city for a permissible use within ten years of receipt by the city, unless there exists an extraordinary or compelling reason for fees to be held longer than ten years. The city council shall identify the city’s extraordinary and compelling reasons for the fees to be held longer than ten years in the council’s own written findings.
F. At least once each fiscal period the parks and recreation director shall present to the council a proposed capital facility program (CFP) for parks, assigning funds, including any accrued interest from the several park impact fee accounts to specific park improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same park impact fee accounts until the next fiscal period, except as provided by the refund provisions of this chapter.
G. Funds may be used to provide refunds as described in TMC 3.52.110.
(Ord. O2016-021, Amended, 01/03/2017; Ord. O2007-024, Added, 03/18/2008)
3.52.110 Refunds of fees paid.
A. If a residential building permit or permit for residential mobile home installation expires without commencement of construction, then the developer shall be entitled to a refund, with interest, of the impact fee paid as a condition for its issuance except that Tumwater shall retain a percent of the fee to offset a portion of the costs of collection and refund. The developer must submit an application for such a refund to the community development director within thirty days of the expiration of the permit.
B. Any funds not expended or encumbered by the end of the calendar quarter immediately following ten years from the date the park impact fee was paid shall, upon application by the current landowner, be returned to such landowner with interest at the interest rate accrued in the account; provided, that the landowner submits an application for a refund to the city of Tumwater within one year of the expiration of the ten-year period.
C. Any impact fees that are not expended or encumbered by the city in conformance with the capital facilities program (CFP) within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this chapter.
D. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the city on invested funds throughout the period during which the fees were retained.
(Ord. O2016-021, Amended, 01/03/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O2007-024, Added, 03/18/2008)
3.52.120 Exemptions.
The following development activities shall be exempted from payment of impact fees:
A. Reconstruction, remodeling or construction of the following facilities, subject to the recording of a covenant or recorded declaration of restrictions precluding use of the property for other than the exempt purpose; and provided, that if the property is used for a nonexempt purpose, then the park impact fees then in effect shall be paid:
1. Shelters or dwelling units for temporary placement which provide housing to persons on a temporary basis for not more than ninety days.
2. Construction or remodeling of transitional housing facilities or dwelling units that provide housing to persons on a temporary basis for not more than twenty-four months, in connection with job training, self-sufficiency training and human services counseling – the purpose of which is to help persons make the transition from homelessness to placement in permanent housing.
B. Rebuilding or replacement of a legally established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of God or other accident or catastrophe; provided, that such rebuilding takes place within a period of six years after destruction with a new building or structure of the same use.
C. Alteration or expansion of an existing building where no additional residential units are created and where the use is not changed.
D. The construction of accessory buildings or structures.
E. Mobile home where:
1. The installation of a replacement mobile home on a lot or other such site when a park impact fee for such mobile home site has previously been paid pursuant to this chapter or where a mobile home legally existed on such site on or prior to the effective date of this chapter.
2. The construction of any nonresidential building or structure or the installation of a nonresidential mobile home.
Any claim for exemption must be made no later than the issuance of a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
F. Condominium projects in which existing dwelling units are converted into condominium ownership where no new dwelling units are created.
G. Previous mitigation where:
1. The development activity is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act (SEPA).
2. The development activity for which park impacts have been mitigated pursuant to a condition of plat or PUD approval to pay fees, dedicate land or construct or improve park facilities, unless the condition of the plat or PUD approval provides otherwise; provided, that the condition of the plat or PUD approval predates the effective date of fee imposition as provided herein.
3. Any development activity for which park impacts have been mitigated pursuant to a voluntary agreement entered into with the city to pay fees, dedicate land or construct or improve park facilities, unless the terms of the voluntary agreement provide otherwise; provided, that the agreement predates the effective date of fee imposition as provided herein.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O2007-024, Added, 03/18/2008)
3.52.130 Credits.
Park land and/or park capital improvements may be offered by the developer as total or partial payment of the required impact fee. The offer must specifically request or provide for a park impact fee credit. If the parks and recreation director accepts such an offer, whether the acceptance is before or after the effective date of this chapter, the credit shall be determined and provided in the following manner:
A. Credit for the dedication of land shall be valued at one hundred percent of the most recent assessed value by the Thurston County property appraiser, by such other appropriate method as the parks and recreation department director may have accepted prior to the effective date of this chapter for particular park improvements, or by fair market value established by private appraisers acceptable to the parks and recreation department director. Credit for the dedication of park land shall be provided when the property has been conveyed at no charge to, and accepted by, the parks and recreation director.
B. Applicants for credit for construction of park improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the parks and recreation director. The parks and recreation director shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the parks and recreation director determines that such estimates submitted by the applicant are either unreliable or inaccurate. The parks and recreation director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal 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 their agreement to the terms of the letter or certificate and return such signed document to the parks and recreation director before credit will be given. The failure of the applicant to sign, date, and return such document within sixty days shall nullify the credit.
C. Except as provided in subsections D, E, F and G of this section, credit against impact fees otherwise due will not be provided until:
1. The construction is completed and accepted by the community development director and the parks and recreation director;
2. A suitable maintenance and warrant bond is received and approved by the director of parks and recreation, when applicable.
D. Credit may be provided before completion of specified park improvements if adequate assurances are given by the applicant that the standards set out in subsection C of this section will be met and if the developer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the director of parks and recreation in an amount determined by the parks and recreation director. If the park construction project will not be constructed within one year of the acceptance of the offer by the parks and recreation director, the amount of the security shall be increased by ten percent compounded for each year of the life of the security. The security shall be reviewed and approved by the parks and recreation director prior to acceptance of the security. If the park construction project is not to be completed within five years of the date of the developer’s offer, the parks and recreation director must approve the park construction project and its scheduled completion date prior to the acceptance of the offer by the parks and recreation director.
E. Any claim for credit must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
F. Credits shall not be transferable from one project or development to another without the approval of the parks and recreation director and may only be transferred to a different development upon a finding by the parks and recreation director that the dedication for which the credit was given benefits the different impact fee service area.
G. Determinations made by the parks and recreation director pursuant to this section may be appealed to the hearing examiner by filing a written request with the city clerk within ten days of the official’s determination.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O2007-024, Added, 03/18/2008)
3.52.140 Review.
The fee schedule contained in TMC 3.52.070 shall be reviewed by the council at least once each fiscal year. The review shall occur in conjunction with any update of the capital facilities program (CFP) element of the city’s comprehensive plan; provided, that failure to conduct this review shall not invalidate the fee schedule previously adopted.
(Ord. O2007-024, Added, 03/18/2008)
3.52.150 Penalty provision.
A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution, Tumwater shall have the power to sue in civil court to enforce the provisions of this chapter.
(Ord. O2007-024, Added, 03/18/2008)
3.52A – The fee for different types of housing products may be determined by the following schedule:
|
|
Housing Products |
||||
|---|---|---|---|---|---|
|
Calculation of park impact fee/unit |
single-family detached |
single-family attached/single and duplex |
3-4 units/structure |
5+ units/structure |
mobile home |
|
Value of ELOS parks/person |
$2,802.15 |
$2,802.15 |
$2,802.15 |
$2,802.15 |
$2,802.15 |
|
Average number persons/type of housing unit* |
2.66 |
1.99 |
1.96 |
1.72 |
1.59 |
|
Value of ELOS parks/type of housing unit |
$7,453.72 |
$5,569.35 |
$5,492.21 |
$4,826.24 |
$4,455.42 |
|
Percent of value to be charged for impact fee |
50% |
50% |
50% |
50% |
50% |
|
Total impact fee/unit |
$3,726.86 |
$2,784.68 |
$2,746.11 |
$2,413.12 |
$2,227.71 |
|
Amount of fee allocated to neighborhood/citywide facilities |
|
|
|
|
|
|
Percent allocated to neighborhood facilities |
0% |
0% |
0% |
0% |
0% |
|
Local facilities allocation/unit |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
$0.00 |
|
Percent allocated to citywide facilities |
100% |
100% |
100% |
100% |
100% |
|
Regional facilities allocation/unit |
$3,726.86 |
$2,784.68 |
$2,746.11 |
$2,413.12 |
$2,227.71 |
*Census 2000, Summary File 3 Housing Profile 1, Table H33 for Tumwater City