Chapter 30.66A
PARK AND RECREATION FACILITY IMPACT MITIGATION

Sections:

30.66A.010    Purpose and applicability.

30.66A.020    Park and recreation impact fee required.

30.66A.030    Service areas established.

30.66A.035    Impact fee calculation formula.

30.66A.040    Impact fee schedule.

30.66A.050    Impact fee limitations.

30.66A.060    Credit for in-kind contributions.

30.66A.065    Credit to developer for land dedication or conveyance in excess of required impact fees.

30.66A.070    Performance of in-kind contributions.

30.66A.080    Use of fees.

30.66A.100    Use and disposition of dedicated land.

30.66A.110    Projects that cross park service area boundaries.

30.66A.120    Validity of pre-existing agreements.

30.66A.130    Administrative adjustment of fee amount.

30.66A.140    Appeals.

Reviser’s Note: Chapter 30.66A consisting of sections; 30.66A.010, 30.66A.020, 30.66A.030, 30.66A.040, 30.66A.050, 30.66.052, 30.66A.055, 30.66A.060, 30.66A.070, 30.66A.090, 30.66A.100, 30.66A.110, 30.66A.120, 30.66A.130, 30.66A.140, 30.66A.150, and 30.66A.160 was repealed in its entirety effective March 11, 2005 and a NEW Chapter 30.66A was enacted (Amended Ord. 04-016, Feb. 23, 2005; Eff date March 11, 2005)

30.66A.010 Purpose and applicability.

(1) The purpose of this chapter is:

(a) To ensure that adequate park land and park facilities are available to serve new growth and development as defined in SCC 30.91D.200;

(b) To require that new growth and development pay its proportionate share of the costs of new park land and park facilities identified in the capital facilities plan element of the comprehensive plan that are reasonably related to the new development;

(c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary or duplicative fees for the same impact; and

(d) To implement the policies established in the Snohomish County comprehensive plan.

(2) This chapter shall apply to all development, except for development that was subject to a prior SEPA threshold determination that provided for mitigation under chapter 30.66A SCC as codified prior to March 11, 2005. An applicant subject to a SEPA based mitigation fee imposed under a prior version of this chapter may consent in writing to the application of this chapter and imposition of the then current GMA based impact mitigation fee in lieu of the prior SEPA based impact mitigation fee.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005; Amended by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017)

30.66A.020 Park and recreation impact fee required.

(1) Each development, as a condition of approval, shall be subject to the park and recreation impact fee established in Table 30.66A.040(1) or as provided in subsection (2) of this section.

(2) For development applications filed on or after January 1, 2017, the amount of the fee shall be based upon the rate in effect at the time of filing of a complete building permit application for each residential structure/dwelling unit constructed upon the approved development subject to impact fees. For development applications filed on or before December 31, 2016, the amount of the fee shall be based upon the rate in effect at the time of filing a complete application for development; provided however, that those development applications deemed complete before March 11, 2005, shall be required to pay the SEPA-based mitigation fee in effect at the time the application was deemed complete unless the applicant elects to be subject to the then current GMA based impact fee as provided in SCC 30.66A.010(2) above.

(3) Payment of a park and recreation impact fee is required prior to building permit issuance, except as provided in subsection (4) of this section.

(4) An applicant may request a deferral of the payment of park and recreation impact fees. The deferral of park and recreation impact fees shall be allowed only for single-family attached and detached residential construction by a property owner having a contractor registration number or other unique identification number. The amount of impact fees that may be deferred under this subsection shall be determined by the fees in effect at the time the applicant applies for a deferral.

(a) For this subsection:

(i) "Applicant" means the property owner which includes an entity that controls, is controlled by, or is under common control with the applicant.

(ii) "Common control" means two or more entities controlled by the same person or entity.

(iii) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise.

(b) An applicant wishing to defer the payment of a park and recreation impact fee shall:

(i) Submit a signed and notarized deferred impact fee application and completed lien form signed by all owners of the property subject to the lien concurrent with the building permit application for the building subject to the impact fees. Multiple deferrals can be included on one application as long as the building permit applications are located within the same development and the applicant pays a separate administrative fee as required below for each single-family dwelling unit whether detached or attached;

(ii) Submit a signed and notarized certification that the applicant has requested deferral of impact fees for no more than a total of 20 building permits in the calendar year within unincorporated Snohomish County; and

(iii) Pay a non-refundable $250.00 administration fee for each deferred impact fee application.

(c) The lien shall:

(i) Be in a form approved and provided by the county;

(ii) Include the legal description, property tax account number, and address for each lot or unit the lien will encumber and identify the type and amount of the deferred impact fees;

(iii) Be binding on all successors in title after the recording;

(iv) Be junior and subordinate to a first mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees, but in no case shall the lien be in less than second place; and

(v) Be signed by all owners of the property, with all signatures acknowledged as required for a deed.

(d) The lien shall be recorded prior to the issuance of the building permit for the building subject to the impact fees.

(e) Each applicant eligible to defer impact fees shall only be entitled to receive deferrals for no more than a total of 20 building permits within unincorporated Snohomish County during each calendar year.

(f) The applicant shall be responsible for the payment of all recording fees.

(g) The deferred impact fees for each single-family dwelling unit whether detached or attached shall be paid in full prior to whichever of the following occurs first:

(i) Scheduling final inspection;

(ii) Issuance of a certificate of occupancy;

(iii) The closing of the first sale of the property occurring after the recording of the lien; or

(iv) Eighteen months from the date of building permit issuance.

(h) If the building for which the deferral of the impact fees is requested is located within a subdivision or short subdivision, the subdivision or short subdivision shall be recorded prior to recording the lien for impact fees and issuance of the building permit.

(i) Upon receipt of final payment of all deferred impact fees for a building permit, the county shall execute a release of the deferred impact fee lien. The applicant is responsible for submitting a lien release application to PDS. The applicant, at their own expense, will be responsible for recording the lien release after all deferred impact fees associated with a lot or unit subject to a lien have been paid.

(j) Compliance with the requirements of the deferral option shall constitute compliance with subdivision or short subdivision conditions pertaining to the timing of the impact fee payment.

(k) If deferred impact fees are not paid in accordance with terms authorized by state law and this section, the county may initiate foreclosure proceedings for the unpaid impact fees and all costs associated with the collection of the unpaid impact fees.

(l) A request to defer park and recreation impact fees under this section may be combined in one application with a request to defer road system impact fees under SCC 30.66B.340(5) and school impact fees under SCC 30.66C.200(2).

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005; Amended by Ord. 10-085, Oct. 20, 2010, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-060, Aug. 24, 2016, Eff date Sept. 12, 2016; Amended by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017)

30.66A.030 Service areas established.

The county is divided into seven park service areas ("PSAs") for purposes of calculating and imposing park impact fees. These PSAs correspond to year 2000 census tract boundaries.

30.66A.035 Impact fee calculation formula.

(1) General. The formula in this section provides the basis for the impact fee schedule for each PSA serving the county.

(2) Determination of projected parks amenities needed for serving growth. Parks shall determine, as part of updating the impact fee schedule, projected park amenity needs required to respond to anticipated growth and the estimated capital cost of providing those amenities. Those costs shall provide the basis for the impact fee calculations set forth in this section.

(3) Cost calculation by element. The fees shall be calculated on a "per dwelling unit" basis, by "dwelling unit type" as set forth below.

(a) Single Family Impact Fee Calculation Formula

[[ΣCPA] [HSF] /[SFTOT] [SFAC]]

(b) Multi Family Impact Fee Calculation Formula

[[ΣCPA] [HMF] /[MFTOT] [SFAC]]

Where:

ΣCPA = The sum (total) cost of park amenities

HSF = Population proportion factor from single family housing starts

HMF = Population proportion factor from multi family housing starts

SFTOT = Total projected single family housing starts over six years

MFTOT = Total projected multi family housing starts over six years

SFAC = The proportion of new parks amenities to be paid with impact fees from new development

(Added by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017)

30.66A.040 Impact fee schedule.

(1) Developments subject to this chapter shall pay the fees set forth in Table 30.66A.040(1).

Table 30.66A.040(1)

PARK AND RECREATION IMPACT FEES
 

Park Service Area

PSA Name

Single Family and Duplex - $/unit

Multi-Family and Townhouse $/unit

301

Kayak Point

$420.98

$279.49

302

River Meadows

$420.98

$279.49

303

Robe Canyon

$579.68

$386.16

304

White Horse

$420.98

$279.49

305

Lord Hill

$420.98

$279.49

306

Centennial

$420.98

$279.49

307

Nakeeta Beach

$1,624.59

$1,050.49

(2) The impact fee schedule should be reviewed and/or adjusted in conjunction with revisions to the county’s comprehensive plan, and/or every two years in conjunction with revision of the school district capital facility plans.

(3) The following types of development are exempt from park impact fees under this chapter:

(a) Nursing homes.

(b) Low-income housing. The director of parks and recreation may, on a case-by-case basis, grant exemptions to the application of the fee schedule for low-income housing as defined in SCC 30.91H.220 and in accordance with the conditions specified under RCW 82.02.060(2). To qualify for the exemption, the developer shall submit a petition to the director prior to application for building permit. Conditions for such approvals shall meet the requirements of RCW 82.02.060(2) and shall include a requirement for a covenant to assure the project’s continued use for low-income housing. The covenant shall be an obligation that runs with the land upon which the housing is located, and shall be recorded against the title of the real property.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005; Amended by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017)

30.66A.050 Impact fee limitations.

(1) Park and recreation impact fees shall be imposed for the acquisition of or improvements to park land, and for the construction of recreational facilities that are identified in the capital facilities plan and are reasonably related to the development. These fees shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the development, and shall be used for system improvements that will reasonably benefit the new development.

(2) Park and recreation impact fees may be collected for capital facilities costs previously incurred to the extent that new growth and development will be served by the previously constructed capital facilities. Park and recreation impact fees shall not be imposed to make up for existing system deficiencies.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005)

30.66A.060 Credit for in-kind contributions.

(1) A developer may request a credit against park and recreation impact fees due under this chapter for the dedication of land, or improvement to or construction of any capital facilities identified in the capital facilities plan.

(2) All credit requests must be submitted to the parks department concurrently with the development application and be accompanied by supporting documentation.

(3) The director of parks and recreation shall review a credit request to determine whether the proposed in-kind contribution is eligible for credit under the following eligibility criteria:

(a) A proposal for purchase, installation and/or improvement of park and recreation facilities located on land owned by the county shall be eligible for credit if:

(i) The county is responsible for continuing maintenance and operation of the facilities;

(ii) The director determines that the facility contribution corresponds to the type(s) of park and recreation facilities listed in the capital facilities plan;

(iii) The facility contribution is located in the same PSA; and

(iv) The director determines, after analysis of supply and demand data and the Snohomish County Park and Recreation Element, that the proposed park and recreation facility contributions would better meet the community’s need for facilities than would an impact fee.

(b) A proposal to dedicate or convey land to the county for park and recreation facilities may satisfy some or all of a developer’s park and recreation impact fee obligation if the director determines, after analysis of supply/demand data and the Snohomish County Park and Recreation Element, that the proposed land dedication or conveyance would better meet the community’s need for facilities than would an impact fee. The director shall also consider, among other criteria, the extent to which the proposed dedication or conveyance meets the following criteria:

(i) The land should be suitable for future active park and recreation facilities;

(ii) The land should have public access via a public street or an easement of an equivalent width and accessibility;

(iii) The land should be surveyed or otherwise readily distinguishable from adjacent property;

(iv) The land must have no known physical defect, such as problems with drainage, erosion or flooding, or the presence of hazardous waste, which the director determines would cause inordinate demands on public resources for maintenance and operation;

(v) The land should have no known on-site safety hazards; and

(vi) The developer must be willing to provide and fund, for an interim period of three years, unless extended in writing by the director, a method acceptable to the director for managing and maintaining the land.

(4) The credit granted for any in-kind contribution may not exceed the development’s impact fee obligation, except as provided in SCC 30.66A.065.

(5) The developer’s credit request shall be reviewed in accordance with the eligibility criteria set forth above. The director shall then notify the developer in writing whether the department will accept some or all of the developer’s proposal as an in-kind credit.

(6) The director may find it necessary to establish the value of the credit on a per-unit basis as a part of the development approval for subdivisions, PRDs and other large-scale developments where credits for in-kind contributions on pre-existing lots are proposed or required. The resulting credit values will then be recorded as part of the subdivision or other instrument of approval and will be used in determining the fee obligation, if any, at the time of building permit application for the development activity.

(7) If the developer disagrees with the director’s valuation of proposed in-kind contributions, the developer may appeal the decision pursuant to the procedures in SCC 30.66A.140.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005; Amended by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017)

30.66A.065 Credit to developer for land dedication or conveyance in excess of required impact fees.

The director of parks and recreation, in consultation with the planning and development services department, may reimburse or credit the developer if the fair market value of the land dedication or conveyance exceeds the developer’s impact fee obligation for a development. The developer may be reimbursed or credited with any one or more of the following:

(1) Direct cash payments from the trust fund(s);

(2) An adjustment in allowable dwelling units equal to the value of the excess dedication for subdivisions, short subdivisions or planned residential developments in residential zones as follows: R 7,200, R 8,400, R 9,600, R 12,500 and R 20,000, providing all minimum requirements of the zone are met; or

(3) Issuing a parks and recreation impact fee credit document equal to the dollar value of the excess dedication or conveyance of the land. The impact fee credit document shall be valid for six years from the date of issuance and may be applied toward a developer’s impact fee obligation within the PSA where the development generating the credit is located.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005; Amended by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017)

30.66A.070 Performance of in-kind contributions.

If a development is conditioned upon the dedication, purchase, installation, or improvement of park and recreation facilities, a final subdivision or short subdivision shall not be recorded, and no building permit shall be issued until:

(1) The director of parks and recreation has determined in writing that any land to be dedicated is shown on the face of the final subdivision or short subdivision, or a deed conveying the land to the county has been recorded with the county auditor; and

(2) The director has determined in writing that the developer has satisfactorily undertaken, or guaranteed to undertake in a manner acceptable to the director, any required purchase, installation, or improvement of park and recreation facilities.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005)

30.66A.080 Use of fees.

(1) Park and recreation impact fees collected under this chapter shall be deposited into interest-bearing accounts established for each PSA and for county-wide/regional use. Funds deposited into these accounts shall be expended or encumbered within 10 years of receipt, unless there exists an extraordinary and compelling reason, as identified in written findings by the county council, for the funds to be held longer than 10 years.

(2) All impact fees collected under this chapter shall be used to mitigate development impacts through purchase or development of land and/or purchase or improvement of facilities identified in the capital facilities element and the Snohomish County Park and Recreation Element.

(3) Park impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the capital facilities provided are consistent with the requirements of this title.

(Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017)

30.66A.100 Use and disposition of dedicated land.

(1) All land dedicated or conveyed pursuant to this chapter shall be set aside for development of park and recreation facilities. The county and any city, school district, or special purpose district to which land is dedicated or conveyed pursuant to this chapter shall make every effort to use, develop and maintain land dedicated or conveyed for park and recreation facilities.

(2) If the use of any such dedicated land is determined by the director of parks and recreation to be infeasible for development of park and recreation facilities, the dedicated land may be sold or traded for another parcel of land in the same PSA, subject to the requirements of state law and county code. The proceeds from such a sale shall be used to acquire land or develop park and recreation facilities in the same PSA. Prior to any proposed sale of land which has been dedicated to the county, the county shall notify each current taxpayer of record or resident of known address in the subdivision in which the dedicated land is proposed for sale and each taxpayer of record and resident of known address within 500 feet of the said park site.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005)

30.66A.110 Projects that cross park service area boundaries.

If a development is located in two or more PSAs, the impact mitigation funds shall be used for acquisition and/or development of park land and facilities on a prorated basis determined by the number of lots or units located in each PSA.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005)

30.66A.120 Validity of pre-existing agreements.

Written mitigation agreements between the county and a developer that have been executed prior to July 3, 1991, shall be accepted as satisfying the park and recreation impact fee obligations for those phases of a development addressed by the written agreement.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005)

30.66A.130 Administrative adjustment of fee amount.

(1) A developer may appeal to the director of parks and recreation for an adjustment to the amount of or an elimination of fees imposed under this chapter by submitting a written explanation of the basis for appeal within 14 days of acceptance by the county of a building permit application. The director of parks and recreation may adjust the fee amount, in consideration of information submitted by the developer, if one of the following circumstances exists:

(a) The park and recreation impact fee assessment was incorrectly calculated;

(b) Unusual circumstances exist that demonstrate the park and recreation impact fee is unfair as applied to the specific development;

(c) A credit for in-kind contributions by the developer, as provided for under SCC 30.66A.060, is warranted;

(d) Any other credit specified in RCW 82.02.060(1)(b) is warranted; or

(e) The impact fee assessment was improper under RCW 82.02.020 or RCW 82.02.050 et seq.

(2) Park and recreation impact fees may be paid under protest in order to obtain a development approval without delay pending resolution of the appeal. A written protest must be submitted at or prior to the time fees are paid and will relate only to the specific fees identified in the protest.

(3) Failure to file a written protest and to seek a timely appeal to the director shall preclude any appeal of the park and recreation impact fee under SCC 30.66A.140.

(4) Refunds approved under this section, or following an administrative appeal as provided in SCC 30.66A.140, shall be made to the current property owner at the time the refund is authorized, unless the current property owner releases the county from any obligation to refund the current property owner.

(5) The developer may appeal the director’s decision as provided in SCC 30.66A.140.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005; Amended by Amended Ord. 16-060, Aug. 24, 2016, Eff date Sept 12, 2016)

30.66A.140 Appeals.

(1) Any person aggrieved by a decision to impose impact fees, impose modifications, or waive an impact fee under this chapter may appeal the decision to the hearing examiner. Appeals of an impact fee under this chapter must be combined with the administrative appeal for the underlying development approval if there is an administrative appeal process for the underlying development approval. Appeal of the impact fee shall proceed as a Type 1 appeal pursuant to chapter 30.71 SCC if there is no administrative appeal for the permit.

(2) The impact fee may be modified or refunded only if paid under written protest in accordance with SCC 30.66A.130, upon a determination based on the criteria contained in SCC 30.66A.130. Appeals shall be limited to application of the impact fee provisions to a specific development.

(Added Amended Ord. 04-016, Feb. 23, 2005, Eff date March 11, 2005)