Chapter 4.20
PARK IMPACT FEES
Sections:
4.20.010 Findings and purpose.
4.20.030 Fee imposed – Applicability.
4.20.050 Park impact fee program elements.
4.20.060 Fee calculation methods.
4.20.090 Park impact fee accounts and refunds.
4.20.010 Findings and purpose.
The city council of the city of Edgewood finds and determines that growth and development activity in the city will create additional demand and need for park facilities in the city, and the council finds that growth and development activity should pay a proportionate share of the cost of such facilities needed to serve the growth and development activity. Therefore, pursuant to the Growth Management Act (Chapter 36.70A RCW), and RCW 82.02.050 through 82.02.100, which authorize cities to impose and collect impact fees to partially fund public facilities to accommodate new growth, the council adopts this chapter to impose park impact fees for park and recreational facilities. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing park impact fees. (Ord. 02-192 § 1).
4.20.020 Definitions.
A. Affordable Housing. Housing is considered “affordable” to a family if it costs no more than 30 percent of the family’s income. The income groups that are the focus of affordable housing are the low- and moderate-income families.
1. Low-income group: a family earning between zero and 50 percent of the Pierce County median household income.
2. Moderate-income group: a family earning between 50 percent and 80 percent of the Pierce County median household income. “Median income” means the median income for the Tacoma MSA (Pierce County), as most recently determined by the Secretary of Housing and Urban Development (HUD) under Section 8(f)(3) of the United States Housing Act of 1937, as amended, or if programs under said Section 8(f)(3) are terminated, median income determined under the method used by the Secretary prior to such termination.
B. “Capital facilities element” means that capital facilities plan adopted by the city council as part of the city’s comprehensive plan, and its amendments.
C. “Comprehensive plan” means the city of Edgewood comprehensive plan, including any adopted amendments.
D. “Conditions of approval,” as they apply to park impact fee evaluations, means those conditions necessary to ensure that the proposed development will not cause the level of service for parks to fall below the standards adopted in the comprehensive plan. The conditions of approval shall be binding upon the approval of any permit application for which this chapter is applicable as described in EMC 4.20.030.
E. “Development” means any construction, reconstruction or expansion of a building, structure, or use, any change in use of a building or structure or any changes in the use of land, that requires review and approval of a development permit.
F. “Development permit” includes, but is not limited to, a building permit, short plat application, preliminary plat application, or rezone application, or any written authorization from the city which authorizes the commencement of development.
G. Repealed by Ord. 15-447.
H. “Financial commitment” means any form of binding and enforceable financial obligation that is acceptable to the city, and provided to the city at the time of development approval.
I. “Park and recreational facilities” means those capital facilities identified as park and recreational facilities in the capital facilities element of the city of Edgewood comprehensive plan.
J. “Park impact fee” means the payment of money imposed upon development as a condition of approval of a development permit to pay for public facilities needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for facilities, that is a proportionate share of the costs of the facilities, and that is used for facilities that reasonably benefit the new development. “Park impact fee” does not include a reasonable permit or application fee.
K. “Level of service (LOS)” means the relationship between park facilities and service provision within the city, as specified in the city’s comprehensive plan.
L. “Proportionate share” means that portion of the cost of public facility improvements and facilities that are reasonably related to the service demands and needs of new development. The proportionate share will be calculated by the methods required by RCW 82.02.060.
M. “Service area” means the geographical area in which a defined set of park facilities provide service to development within the area. For the purposes of this chapter, the service area shall be the entire area within the city limits of Edgewood. (Ord. 15-447 § 1 (Exh. A); Ord. 02-192 § 1).
4.20.030 Fee imposed – Applicability.
A. There is imposed, and shall be collected from every person who receives a development permit, a park impact fee for each dwelling unit based on the average occupancy for each housing type. The amount shall be calculated based on a unit cost of $1,089 per person; and the total fee based on persons per unit (PPU), consistent with the provisions of this chapter and in accordance with the following schedule of fees:
|
Dwelling Unit Type |
PPU X $1,089 |
Total PIF |
|---|---|---|
|
Single-Family |
2.7 X $1,089 |
$2,940 |
|
Multifamily or Accessory Dwelling Unit: 1 – 4 units |
2.0 X $1,089 |
$2,178 |
|
Multifamily: 5+ units |
1.6 X $1,089 |
$1,742 |
|
Mobile Homes |
2.0 X $1,089 |
$2,178 |
B. The current park impact fees shall be listed in the city of Edgewood fee schedule. (Ord. 23-652 § 11 (Exh. A); Ord. 16-469 § 2 (Exh. A); Ord. 13-394 § 2; Ord. 02-192 § 1).
4.20.040 Exemptions.
The following developments are exempt from the requirements of this chapter:
A. Low-Income Housing. For low-income housing exemptions, see Chapter 4.40 EMC.
B. Change of Use. An applicant proposing a development involving a change of use and/or structure that has no greater impact than the existing use shall not be assessed a park impact fee.
C. City Projects. An applicant proposing the development of a city project shall not be assessed a park impact fee.
D. Home Occupations. An applicant proposing the development of a home occupation shall not be assessed a park impact fee.
E. Pending Development Permit. An applicant shall not be assessed a park impact fee if one or more of the following has occurred:
1. The city and applicant have signed a park mitigation agreement for the development at issue prior to the effective date of the ordinance codified in this chapter; or
2. The applicant has already provided, or been required to provide as a condition of approval, park mitigation for the development at issue prior to the effective date of the ordinance codified in this chapter; or
3. The applicant has already been assessed a park impact fee for the same development. (Ord. 22-630 § 3 (Exh. C); Ord. 02-192 § 1).
4.20.050 Park impact fee program elements.
A. The city shall impose and collect park impact fees on every development permit within the service area, except as provided in EMC 4.20.040, Exemptions.
B. Any park impact fee imposed shall be reasonably related to the impact caused by the new development and shall not exceed a proportionate share of the cost of park and recreational facilities that are reasonably related to the new development.
C. The park impact fee imposed may include costs for park and recreational facility improvements previously incurred by the city to the extent that new development will be served by the previously constructed improvements; provided, that such fee shall not be imposed to correct any system improvement deficiencies.
D. The park impact fee imposed for any development shall be calculated and determined by the procedures established in this chapter. The basis for such calculation shall be the November 2012 “Technical Memorandum to Council – Preliminary Recommendations – Park Impact Fees,” which is hereby adopted by reference.
E. In computing the fee applicable to a given development, credit shall be given for the fair market value, measured at the time of dedication, for any dedication of land for, improvements to, or new construction of any park and recreational facilities that are identified in the capital facilities element and that are required by the city as a condition of approving the development.
F. Park impact fees shall be used for park and recreational facilities that will reasonably benefit the new development, and only those park and recreational facilities addressed by the city’s capital facilities element of the comprehensive plan. (Ord. 13-394 § 4; Ord. 02-192 § 1).
4.20.060 Fee calculation methods.
All data and other information necessary to determine impact fee amounts will be made available to the public upon request. Data such as park needs, and facility improvement projects and costs, and related fee schedules will be updated as necessary. Forms and procedures will be established administratively. (Ord. 02-192 § 1).
4.20.070 Fee collection.
At the time of application for a building permit, the park impact fee shall be calculated based on the park impact fee schedule and as set forth in EMC 4.20.030. No building permit shall be issued until the impact fee has been paid in full by the applicant or payment has been properly deferred in accordance with Chapter 4.05 EMC; provided, that payment of fees may be phased if the building permits for the development are also phased. The park impact fee shall be collected by the city, and maintained in a separate account, as required by EMC 4.20.090. Park impact fees may be paid under protest in order to obtain a building permit. (Ord. 16-475 § 4; Ord. 02-192 § 1).
4.20.080 Fee adjustments.
A. Fees calculated by the city may be adjusted by the mayor, in any of the following circumstances:
1. The applicant demonstrates that a park impact fee assessment was improperly calculated; or
2. The applicant provides studies and data that, when considered, suggest that adjustment of the fee would be appropriate; or
3. Unusual circumstances exist which, when considered, suggest that imposition of the standard fee would be unfair.
B. Any appeal of the decision of the city with regard to park impact fee amounts shall follow the process for the appeal of the underlying development permit. (Ord. 15-447 § 1 (Exh. A); Ord. 02-192 § 1).
4.20.090 Park impact fee accounts and refunds.
A. Park impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the city solely for park impact fees. All interest shall be retained in the account and expended for the purpose or purposes for which said fees were imposed. Annually, the city shall prepare a report on the source and amount of all park impact fees collected, interest earned, and the park and recreational facilities that were financed in whole or in part by said fees.
B. Park impact fees shall be expended by the city only in conformance with the capital facilities element of the comprehensive plan.
C. Park impact fees shall be expended or encumbered by the city for a permissible use within 10 years of receipt by the city, unless there exists an extraordinary or compelling reason for fees to be held longer than 10 years. Such extraordinary or compelling reasons shall be identified in written findings by the city.
D. The current owner of property on which a park impact fee has been paid may receive a refund of such fees if the city fails to expend or encumber the fees within 10 years of receipt of the fees by the city on park facilities intended to benefit the development for which said fees were paid. In determining whether park impact fees have been encumbered, such fees shall be considered encumbered on a first-in, first-out basis. The city shall notify potential claimants by first-class mail deposited with the United States Postal Service at the last known address of the claimants.
E. An owner’s request for a refund must be submitted to the city in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any park impact fees that are not expended or encumbered by the city in conformance with the capital facilities element 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 section. Refunds of park impact fees shall include interest earned on such fees.
F. Should the city seek to terminate any or all park impact fee requirements, all unexpended or unencumbered funds, 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 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 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, and must be expended by the city consistent with the provisions of this chapter. The notice requirements set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.
G. An applicant may request and shall receive a refund, including interest earned on the park impact fees, when:
1. The applicant does not proceed to finalize the development; and
2. No impact on the city has resulted. “Impact” shall be deemed to include cases where the city has expended or encumbered the park impact fees in good faith prior to the application for refund. In the event that the city has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, within a period of three years, if the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the city and provide receipts of park impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The city shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in EMC 4.20.120.
H. Interest due upon the refund of park impact fees required by this chapter 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. 11-370 § 2; Ord. 02-192 § 1).
4.20.100 Processing.
The city shall determine any applicable park impact fees as a normal part of processing a development permit. (Ord. 02-192 § 1).
4.20.110 Other authority.
Nothing in this chapter is intended to limit the city’s authority under the State Environmental Policy Act or any other source. (Ord. 02-192 § 1).
4.20.120 Appeals.
Any determination of the park impact fee amount, decision to approve, condition or deny a development proposal based on the requirements of this chapter may be appealed according to the appeal procedure for the underlying development permit or approval involved, as set forth in the Edgewood Municipal Code. An applicant for a development permit may pay the park impact fees imposed by this chapter under protest in order to obtain the approval for the development and/or development permit. No appeal shall be permitted unless and until the park impact fees at issue have been paid. (Ord. 02-192 § 1).