Chapter 3.74
METHODS TO MITIGATE DEVELOPMENT IMPACTS
Sections:
3.74.010 Purpose.
3.74.020 Definition of development.
3.74.030 Determination of direct impact.
3.74.040 Costs.
3.74.050 Mitigation of direct impacts.
3.74.060 Methods of mitigation.
3.74.070 Appeals.
3.74.010 Purpose.
It is the purpose of this chapter to provide alternatives for prospective developers of land within the 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, police and general governmental buildings. The provisions of this chapter shall be considered in conjunction with the provision of Chapters 3.71, 3.72 and 3.73 of the IMC. No development shall be required to provide duplicate mitigation for the same impacts. (Ord. 2461 § 4, 2006; Ord. 2230 § 1, 1999. Formerly 18.18.010).
3.74.020 Definition of development.
For purposes of this chapter, the term “development” shall include, but not be limited to, subdivisions, short subdivisions, binding site plans, building permits and any other development permits defined by the Land Use Code. (Ord. 2461 § 4, 2006; Ord. 2230 § 1, 1999. Formerly 18.18.020).
3.74.030 Determination of direct impact.
Before any development is given the required approval or is permitted to proceed, the official or body charged with deciding whether such approval should be given shall determine direct impacts, if any, that are a direct consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors:
A. Predevelopment versus postdevelopment need for services such as City streets, sewers, water supplies, drainage facilities, parks, playgrounds, recreational facilities, schools, police services, fire services, and other municipal facilities or services;
B. 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;
C. Size, number, condition and proximity of existing facilities to be affected by the proposed development;
D. Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development;
E. Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; and
F. Any significant adverse environmental impacts of the proposed development identified in the process of complying with the Environmental Policy Ordinance (Chapter 18.10 IMC) or the State Environmental Policy Act. (Ord. 2461 § 4, 2006; Ord. 2230 § 1, 1999. Formerly 18.18.030).
3.74.040 Costs.
The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. (Ord. 2461 § 4, 2006; Ord. 2230 § 1, 1999. Formerly 18.18.040).
3.74.050 Mitigation of direct impacts.
The official 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 a reasonable and 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 or body shall approve a development unless reasonable provisions have been made to mitigate identified direct impacts that are direct consequences of such development. (Ord. 2461 § 4, 2006; Ord. 2230 § 1, 1999. Formerly 18.18.050).
3.74.060 Methods of mitigation.
A. The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off-site improvement, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts.
B. In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the City may approve a voluntary payment agreement with the developer, which shall be subject to the following provisions:
1. The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact.
a. Police mitigation shall be assessed using the Rate Study for Law Enforcement Facilities, as referenced in IMC 18.10.260, SEPA – Policies.
b. General government buildings mitigation shall be assessed based on the Rate Study for General Government Buildings, as referenced in IMC 18.10.260, SEPA – Policies, as shown in the following chart:
|
General Government Buildings Mitigation Fee by Land Use |
||
|
Residential |
Nonresidential |
|
|
Single-Family unit |
Multifamily unit |
|
|
$117.92 |
$63.72 |
$40.00/1,000 sq. ft. |
c. Police and general government building mitigation calculations shall be updated annually, using the following procedures:
(1) The Director shall use the National Construction Cost Index to calculate annual inflation adjustments in the mitigation fee rates. The mitigation fees shall not be adjusted for inflation should the index remain unchanged.
(2) The indexed mitigation fee rates shall be calculated in January, or as soon thereafter as the latest index information is published by National Construction Cost Index, and shall become effective immediately thereafter. A copy of the indexed mitigation fee rates shall be provided to the City Council but the indexed rates shall become effective without further Council review.
(3) The City Council shall review the police and general government buildings mitigation fee rates prior to December 31, 2010, and every 2 years thereafter, to determine whether or not a new police and general government buildings mitigation fee rate study should be prepared. If this review does not occur, the City shall continue to collect mitigation fees at the rate in effect, but shall not index the police and general government buildings mitigation fees for subsequent years until the required review by the City Council occurs.
2. The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact.
3. No building permit shall be issued until the voluntary payment has been paid in full by the applicant; provided, that payment of fees may be phased if the building permit for the development is also phased.
4. The payment shall be expended in all cases within 5 years of collection, unless otherwise agreed to by the developer.
5. Any payment not expended within 5 years of collection shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the City’s reserve accounts applicable at the time of refund. If the payment is not expended within the 5 years due to delay attributable to the developer, the payment shall be refunded without interest.
6. Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for specified time in the interest of providing the designated capital improvement or other capital improvement or program identified by the property owner, and acceptable to the City.
7. 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.
C. The developer or applicant may choose to pay a fee in lieu of reservation of all or portions of open space areas required. If the applicant offers to pay money in lieu of open space and if the City accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided times the then current market value per square foot of similarly situated property. (Ord. 2523 § 5, 2008; Ord. 2461 § 4, 2006; Ord. 2283 § 5, 2000; Ord. 2230 § 1, 1999. Formerly 18.18.060).
3.74.070 Appeals.
Refer to IMC 18.04.250 to 18.04.260 regarding appeals. (Ord. 2461 § 4, 2006; Ord. 2301 § 5, 2001; Ord. 2230 § 1, 1999. Formerly 18.18.070).