Chapter 21.04
METHODS TO MITIGATE DEVELOPMENT IMPACTS

Sections:

21.04.010    Purpose.

21.04.020    Determination of direct impact.

21.04.030    Mitigation of direct impacts.

21.04.040    Voluntary payment agreements as alternatives to dedication and improvements.

21.04.010 Purpose.

It is the purpose of this chapter to provide alternatives for prospective developers of land within this city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for including, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and sites for schools and school grounds.

For purposes of this chapter, the term “development” shall include, but not be limited to, subdivision approval, short subdivision approval, residential planned unit development approval, and the issuance of any building permit. (Ord. 1655 § 1, 1996; Ord. 1635 § 1, 1996; Ord. 1181 § 6, 1985).

21.04.020 Determination of direct impact.

A.    Before any development is given the required approval or is permitted to proceed, the official, board, or body charged with deciding whether such approval should be given, shall determine all impacts, if any, that are a direct consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors:

1.    Predevelopment versus postdevelopment demands upon city streets, sewers, water supplies, drainage facilities, parks, playgrounds, recreational facilities, schools, police services, fire services and other municipal facilities or services;

2.    Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development;

3.    Size, number, condition and proximity of existing facilities to be affected by the proposed development;

4.    Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development;

5.    Likelihood that the users of the proposed development will benefit from any mitigating capital improvements;

6.    Any significant adverse environmental impacts of the proposed development;

7.    Consistency with each of the city’s comprehensive plans and subparts;

8.    Likelihood of city growth by annexation into areas immediately adjacent to the proposed development;

9.    Appropriateness of financing necessary capital improvements by means of local improvement districts;

10.    Whether the designated capital improvement furthers the public health, safety or general welfare;

11.    Any other facts deemed by the city to be relevant.

B.    The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. (Ord. 1655 § 1, 1996; Ord. 1635 § 1, 1996; Ord. 1181 § 6, 1985).

21.04.030 Mitigation of direct impacts.

The official, board or body charged with granting the necessary approval for a proposed development shall review an applicant’s proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. No official, board or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development.

The methods of mitigating identified direct impacts required as a condition to any development approval may include, but are not limited to, dedication of land to any public body and/or off-site improvements and/or on-site improvement. (Ord. 1655 § 1, 1996; Ord. 1635 § 1, 1996; Ord. 1181 § 6, 1985).

21.04.040 Voluntary payment agreements as alternatives to dedication and improvements.

In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat, the city may approve a voluntary payment agreement with the developer. Any such agreement is voluntary for purposes of this chapter even though the only other option available to the developer is to be denied approval of a project permit application. Any such agreement shall be subject to the following provisions:

A.    The official, board, or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact of a development. The direct cost the agreement seeks to have the developer pay must be reasonably necessary to mitigate the direct impact of the development or plat.

B.    The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified direct impact.

C.    The payment shall be expended in all cases within five years of collection, unless otherwise agreed to by the developer and approved by his legal advisor due to the unique circumstances involved.

D.    Any payment not so expended shall be refunded to the property owners of record at the time of the refund with interest at the rate applied to judgments at the time of the refund. However, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest; provided, property owners entitled to a refund and/or interest under the provisions of the ordinance codified in this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interests of providing the designated capital improvement or any other capital improvement identified by the property owner.

    Further, at the time a developer enters into a voluntary agreement pursuant to this section, the developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers, the right to interest and/or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners.

E.    Nothing in this chapter prohibits the city from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city of processing applications, inspections, and reviewing plans, or preparing detailed statements required by Chapter 43.21C RCW. All such fees may be established and amended from time to time by resolution.

F.    Nothing in this chapter prohibits the city from imposing transportation impact fees pursuant to Chapter 17.045 BMC. A voluntary agreement pursuant to this chapter may incorporate but shall not duplicate fees for the same impact improved pursuant to Chapter 17.04 BMC. (Ord. 1655 § 1, 1996; Ord. 1181 § 6, 1985).