Chapter 14A.15
STREET IMPACT FEES

Sections:

14A.15.010    Findings and authority.

14A.15.020    Assessment of impact fees.

14A.15.030    Exemptions.

14A.15.040    Credits.

14A.15.050    Tax adjustments.

14A.15.060    Appeals.

14A.15.070    Establishment of impact fee accounts.

14A.15.080    Refunds.

14A.15.090    Use of funds.

14A.15.100    Review.

14A.15.110    Street impact fee rates.

14A.15.120    Independent fee calculations.

14A.15.130    Administrative fees.

14A.15.140    Mitigation of adverse environmental impacts.

14A.15.010 Findings and authority.

The council hereby finds and determines that new growth and development, including but not limited to new residential, commercial, retail, and office development in the City, will create additional demand and need for public facilities in the City, and the council finds that new growth and development should pay a proportionate share of the cost of system improvements reasonably related to and that will reasonably benefit the new growth and development. The City has conducted extensive studies documenting the procedures for measuring the impact of new development on public facilities, has prepared the street impact fee analysis, and hereby incorporates this study into this title by reference. Therefore, pursuant to RCW 82.02.050 through 82.02.090, the council adopts this chapter to assess impact fees for streets (“impact fee”). The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.020 Assessment of impact fees.

(1) The City shall collect impact fees, based on the rates in SMC 14A.15.110, from any applicant seeking development approval from the City for any development within the City, where such development requires the issuance of a building permit. This shall include, but is not limited to, the development of residential, commercial, retail, and office uses, and includes the expansion of existing uses that creates a demand for additional public facilities, as well as a change in existing use that creates a demand for additional public facilities.

(2) An impact fee shall not be assessed for the following types of development activity because the activity either does not create additional demand as provided in RCW 82.02.050 and/or is a project improvement (as opposed to a system improvement) under RCW 82.02.090:

(a) Miscellaneous nontraffic generating improvements, including, but not limited to, fences, walls, swimming pools, sheds, and signs;

(b) Demolition or moving of a structure;

(c) Expansion of an existing nonresidential structure that results in the addition of 100 square feet or less of gross floor area;

(d) Expansion of a residential structure provided the expansion does not result in the creation of any additional dwelling units as defined in SMC 21A.15.345 through 21A.15.370;

(e) Replacement of a residential structure with a new residential structure at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure. For the terms of this requirement, “replacement” is satisfied by submitting a complete building permit application;

(f) Replacement of a nonresidential structure with a new nonresidential structure of the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure. Replacement of a nonresidential structure with a new nonresidential structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet. For the terms of this requirement, “replacement” is satisfied by submitting a complete building permit application.

(3) For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use; provided, that the applicant has previously paid the required impact fee for the original use.

(4) For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in SMC 14A.15.110.

(5) Applicants seeking a building permit for a change in use shall be required to pay an impact fee if the change in use increases the existing trip generation by the lesser of five percent or 10 peak hour trips.

(6) Impact fees shall be assessed according to the following schedule in an amount equal to the percentages listed below of the amount of impact fees, using the impact fee rates in effect at the time the deposit is made. However, the total amount of impact fees paid shall be subject to the following:

(a) Upon issuance of a certificate of concurrency, a deposit of 10 percent of impact fees shall be made. At the time of preliminary plat or short plat approval the deposit amount shall equal 20 percent of the impact fee rates in effect at that time.

(b) The balance of the impact fee shall be paid in accordance with the following schedule:

(i) At the time a final plat or short plat, site development permit, conditional use permit, or building permit is approved, a final payment shall be made equal to 100 percent of the impact fee rates in effect at that time, less a credit for the deposit paid pursuant to subsection (6)(a) of this section.

(ii) Alternatively, a deposit amount equal to 30 percent of the impact fee rates in effect at that time of final plat or short plat approval shall be made, and at building permit issuance a final payment shall be made equal to 100 percent of the impact fee rates in effect at the time of final plat approval, short plat approval, site development permit, or conditional use permit, less a credit for any deposits paid for all those building permits issued within two years of such approval. If all building permits are not issued within two years or 100 percent payment is not otherwise made, all remaining building permits shall be assessed impact fees based on the current rate in effect at the time of building permit issuance less a credit for any deposits paid.

The City council may waive payment of deposits for planned actions and require instead that the planned action shall pay the impact fees that are in effect at the time each building permit is issued.

(7) Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to SMC 14A.15.040 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to SMC 14A.15.040 setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued by the City for each unit in the development.

(8) Where the impact fees imposed are determined by the square footage of the development, a deposit shall be due from the feepayer pursuant to subsection (6) of this section. The deposit shall be based on an estimate, submitted by the feepayer, of the size and type of structure proposed to be constructed on the property. In the absence of an estimate provided by the feepayer, the department shall calculate a deposit amount based on the maximum allowable density/intensity permissible on the property. If the final square footage of the development is in excess of the initial estimate, any difference in the amount of the impact fee will be due prior to the issuance of a building permit, using the impact fee rate in effect at that time. The feepayer shall pay any such difference plus interest, calculated at the statutory rate. If the final square footage is less than the initial estimate, the department shall give a credit for the difference, plus interest at the statutory rate.

(9) The department shall not issue the required building permit unless and until the impact fees required by this chapter, less any permitted exemptions or credits provided pursuant to SMC 14A.15.030 or 14A.15.040, have been paid.

(10) The service area for impact fees shall be a single Citywide service area.

(11) In accordance with RCW 82.02.050, the City shall collect and spend impact fees only for the public facilities defined in this title and RCW 82.02.090 which are addressed by the capital facilities plan element of the City’s Comprehensive Plan. The City shall base continued authorization to collect and expend impact fees on revising its Comprehensive Plan in compliance with RCW 36.70A.070, and on the capital facilities plan identifying: (a) deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time; (b) additional demands placed on existing public facilities by new development; and (c) additional public facility improvements required to serve new development.

(12) In accordance with RCW 82.02.050, if the City’s capital facilities plan is complete other than for the inclusion of those elements which are the responsibility of a special district, the City may impose impact fees to address those public facility needs for which the City is responsible.

(13) For complete building permit applications received on or prior to December 31, 2012, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for resale, the applicant may elect to record a covenant against title to the property that requires payment of the impact fees due and owing in accordance with subsection (6)(b)(ii) of this section, less any credits awarded, by providing for automatic payment through escrow of the impact fee due and owing to be paid at the time of closing of sale of the lot or unit. The awarding of credits shall not alter the applicability of this section. (Ord. O2010-294 § 1 (Att. A); Ord. O2009-263 § 1 (Att. A); Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.030 Exemptions.

(1) Pursuant to RCW 82.02.060, the City may provide exemptions for low-income housing and other development activities with broad public purposes; provided, that the impact fees from such development activity shall be paid from public funds other than impact fee accounts. The director shall be authorized to determine whether a particular development falls within an exemption identified in this chapter. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in SMC 14A.15.060.

(2) Except as provided in subsection (3) of this section, the following development activities are exempt from the requirements of this chapter. An impact fee shall not be assessed for:

(a) Any development activity undertaken by the City of Sammamish;

(b) Public schools;

(c) Accessory dwelling units approved by the City.

(3) Except as provided above, the provision of affordable housing for low- and moderate-income families as defined in SMC 14A.05.010 may be exempted from some or all of the required impact fees as shown in Table 1:

Table 1: Proposed Impact Fee Reductions for Affordable Housing Units

Affordable Housing

Impact Fee Reduction*

Maximum Number of Affordable Housing Units per Development

Low-Income – 0% to 50% of King County median household income (as defined by U.S. HUD)

Up to 100%

4 units

50% to 90%

5 units or more (including the first 4) subject to recommendation by the community development director in consultation with the public works director

Median-Income – 51% to 80% of King County median household income (as defined by U.S. HUD)

Up to 50%

4 units

0% to 50%

5 units or more (including the first 4) subject to recommendation by the community development director in consultation with the public works director

*The % fee reduction is expressed as a maximum amount per unit.

(a) As a condition of receiving an exemption or percentage fee reduction under this subsection, prior to any development approval, the owner shall execute and record in the King County real property title records a City-prepared lien, covenant, or other contractual provision against the property that provides that the proposed housing unit or development will continue to be used for low- or moderate-income housing and remain affordable to those families/households for a period of not less than 30 years. The lien, covenant, or other contractual provision shall run with the land and apply to subsequent owners and assigns. In the event that the housing unit(s) no longer meets the definition of affordable housing set forth in Table 1 during the term of the life of the lien, covenant or contractual provision, then the owner(s) shall pay to the City the amount of impact fees from which the housing unit(s) was exempted into the City’s account for impact fees plus 12 percent interest per year.

(b) In determining the impact fee reductions for development(s) containing five or more affordable housing units, the community development director in consultation with the public works director should consider the following:

(i) The proposed housing units meet the provisions set forth by the City’s housing strategy plan adopted by the City council.

(ii) The proposed housing units will assist the City in meeting Sammamish’s affordable housing targets.

(iii) The location of the units meets the City’s comprehensive plan policies for the proposed housing type and density.

(iv) Approval of the proposed housing units and the associated impact fee reduction does not exempt the proposed housing units from meeting the City’s concurrency requirements and public works standards.

(c) The impact fee amounts not collected from affordable housing units shall be paid from public funds from sources other than impact fees or interest on impact fees, and budgeted for this purpose.

(d) Determinations of the community development director in consultation with the public works director regarding the reduction of impact fees shall be in writing and shall be subject to the appeals procedures set forth in SMC 14A.15.060. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.040 Credits.

(1) A feepayer can request that a credit or credits for impact fees be awarded to him/her for the total value of dedicated land, improvements, or construction provided by the feepayer. Credits will be given only if the land, improvements, and/or the facility constructed are:

(a) For one or more of the system improvements identified in the capital facilities plan, which are included in the street impact fee analysis as the basis of the impact fee, and that are required by the City as a condition of approving the development activity; and

(b) At suitable sites and constructed at acceptable quality as determined by the City.

(2) The director shall determine if requests for credits meet the criteria in subsection (1) of this section.

(3) The value of a credit for structures, facilities or other improvements shall be established by original receipts provided by the applicant for one or more of the same system improvements for which the impact fee is being charged.

(4) The value of a credit for land, including right-of-way and easements, shall be established on a case-by-case basis by an appraiser selected by or acceptable to the director. The appraiser must be licensed in good standing by the state of Washington for the category of the property appraised. The appraiser must possess an MAI or other equivalent certification and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. The appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review and acceptance by the director.

(5) The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the City may be providing to the feepayer, in the event that a credit is awarded.

(6) If a credit is due, after receiving the appraisal the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate 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 his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit.

(7) No credit shall be given for project improvements as defined in SMC 14A.05.010.

(8) A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments as defined in SMC 14A.05.010. For each request for a credit or credits for significant past tax payments, the feepayer shall submit receipts and a calculation of significant past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments.

(9) Any claim for credit must be made prior to or at the time of submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.

(10) A feepayer shall receive a credit for all impact fee deposits paid pursuant to SMC 14A.15.020.

(11) Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in SMC 14A.15.060. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.050 Tax adjustments.

Pursuant to and consistent with the requirements of RCW 82.02.060, the street impact fee analysis provides adjustments for past and future taxes and other sources of revenue to be paid by the new development which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in SMC 14A.15.110 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund these system improvements. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.060 Appeals.

(1) Any feepayer may pay the impact fees imposed by this title under protest in order to obtain a building permit or occupancy permit. No appeal shall be permitted until the impact fees at issue have been paid.

(2) Appeals regarding the impact fees imposed on any development may only be filed by the feepayer of the property where such development will occur.

(3) The feepayer must first file a request for review regarding impact fees with the director, as provided herein:

(a) The request shall be in writing on the form provided by the City;

(b) The request for review by the director shall be filed within 21 calendar days after the feepayer’s payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review;

(c) No administrative fee will be imposed for the request for review by the director; and

(d) The director shall issue his/her determination in writing.

(4) The following decisions may be appealed to the hearing examiner: determinations of the director with respect to the applicability of the impact fees to a given development; the director’s determination regarding the availability or value of a credit; the director’s decision concerning the independent fee calculation which is authorized in SMC 14A.15.120; fees imposed by the director pursuant to SMC 14A.15.110; or any other determination which the director is authorized to make pursuant to this title.

(5) Appeals to the hearing examiner shall be taken within 21 calendar days of the director’s issuance of a written determination by filing with the department a notice of appeal specifying the grounds thereof, and depositing the necessary administrative fee, which is set forth in the existing fee schedules for appeals of such decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.

(6) The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in the Sammamish Municipal Code. At the hearing, any party may appear in person or by agent or attorney.

(7) The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in this section.

(8) The hearing examiner may, so long as such action is in conformance with the provisions of this title, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.070 Establishment of impact fee accounts.

(1) Impact fee receipts shall be earmarked specifically and deposited in a special interest-bearing impact fee account maintained by the City.

(2) There is hereby established the street impact fee account for the fees collected pursuant to this title. Funds withdrawn from this account must be used in accordance with the provisions of SMC 14A.15.090 and applicable state law. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected.

(3) On an annual basis, the finance department shall provide a report to the City council on the street impact fee account showing the source and amount of all moneys collected, earned, or received, and the system improvements that were financed in whole or in part by impact fees.

(4) Impact fees for system improvements shall be expended only in conformance with the capital facilities plan element of the City’s comprehensive plan.

(5) Impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the City to hold the fees beyond the six-year period. Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.080 Refunds.

(1) If the City fails to expend or encumber the impact fees within six years of when the fees were paid, or where extraordinary or compelling reasons exist and the council has established other time periods pursuant to SMC 14A.15.070, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis.

(2) The City shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimant must be the owner of the property for which the impact fee was paid.

(3) Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.

(4) Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the City and expended on the appropriate public capital facilities.

(5) Refunds of impact fees under this section shall include any interest paid at the statutory rate.

(6) When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, 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 the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the 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, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

(7) The City shall refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees pursuant to RCW 82.02.080(3), if the development for which the impact fees were imposed did not occur; provided, that if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the director shall determine whether an impact has resulted and whether all or a portion of the impact fees paid shall be refunded. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.090 Use of funds.

(1) Pursuant to this title, impact fees:

(a) Shall be used for system improvements that will reasonably benefit the new growth and development; and

(b) Shall not be imposed to make up for any system improvement deficiencies serving existing developments; and

(c) Shall not be used for maintenance or operation.

(2) Impact fees may be spent for public improvements, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, administrative expenses, mitigation costs, and any other expenses which can be capitalized pertaining to transportation improvements.

(3) Impact fees may also be used to recoup public improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.

(4) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which 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 or improvements provided are consistent with the requirements of this section and are used to serve the new development. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.100 Review.

(1) The fee rates set forth in SMC 14A.15.110 may be reviewed and adjusted by the council as it deems necessary and appropriate to meet City needs, including but not limited to addressing the impact of inflation on labor, materials, and real property costs. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of the adjustment and revise the fee rates set forth in SMC 14A.15.110. If the council does not determine the amount of the adjustment, the adjustment shall be administratively adjusted by the same amount that the five-year average Washington State Department of Transportation Construction Cost Index changed for the most recent 12-month period prior to the date of the adjustment.

(2) In the last quarter of each calendar year, the community development director, together with the public works director, shall prepare a report to the planning commission for the year to date, including the following:

(a) The number of requests for impact fee exemptions pursuant to SMC 14A.15.030;

(b) The total number of residential units and dollar amounts of the exemptions approved by the community development director in consultation with the public works director;

(c) A copy of the hearing examiner decision, if any of the decisions of the community development director, in consultation with the public works director, were appealed to the hearing examiner.

Based on this annual review, the planning commission shall recommend to the City council any revision to SMC 14A.15.030 deemed appropriate. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.110 Street impact fee rates.

In accordance with RCW 82.02.060, the street impact fees are based upon a schedule of impact fees which is adopted for each type of development activity that is subject to impact fees and which specifies the amount of the impact fee to be imposed for each type of system improvement. The schedule is based upon a formula and/or method of calculating the impact fees. In determining proportionate share, the formula and/or method of calculating the fees incorporates, among other things, the following: (a) the cost of public facilities necessitated by new development; (b) an adjustment to the cost of the public facilities for past or future payments made or reasonably anticipated to be made by new development to pay for particular system improvements in the form of user fees, debt service payments, taxes, or other payments earmarked for or proratable to the particular system improvement; (c) the availability of other means of funding public facility improvements; (d) the cost of existing public facilities improvements; and (e) the methods by which public facilities improvements were financed.

The street impact fee rates in this section are generated from the formula for calculating impact fees set forth in the street impact fee analysis, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in SMC 14A.15.120, exemptions in SMC 14A.15.030, and credits in SMC 14A.15.040, all new developments in the City will be charged the impact fee applicable to the type of development:

Street Impact Fee Rates per Unit of Development 

ITE Code1

ITE Land Use Category1

ITE Trip Rate2

Percent New Trips3

Trip Length Factor4

Net New Trips per Development Unit

Impact Fee per Unit @

$14,706.89

per Trip

090

Park and Ride with Bus Service

0.75

75%

1.00

0.563

8,272.63

per Space

110

Light Industrial

0.98

100%

1.22

1.196

17.58

per Sq. Ft.

130

Industrial Park

0.86

100%

1.22

1.049

15.43

per Sq. Ft.

140

Manufacturing

0.74

100%

1.22

0.903

13.28

per Sq. Ft.

151

Mini Warehouse

0.26

75%

0.29

0.057

0.83

per Sq. Ft.

210

Single-Family House

1.01

100%

1.00

1.010

14,853.96

per DU

220

Apartment

0.62

100%

1.00

0.620

9,118.27

per DU

231

Low-Rise Condo/Townhouse

0.78

100%

1.00

0.780

11,471.38

per DU

240

Mobile Home

0.56

100%

1.00

0.560

8,235.86

per DU

251

Sr. Housing Detached

0.26

75%

1.00

0.195

2,867.84

per DU

252

Sr. Housing Attached

0.11

75%

1.00

0.083

1,213.32

per DU

253

Congregate Care Facility

0.18

75%

0.29

0.039

575.77

per DU

254

Assisted Living (limited data)

0.22

75%

0.29

0.048

703.72

per Bed

310

Hotel

0.59

75%

0.29

0.128

1.89

per Sq. Ft.

320

Motel

0.94

75%

0.29

0.204

3.01

per Sq. Ft.

420

Marina (limited data)

0.19

75%

0.29

0.041

607.76

per Slip

430

Golf Course

0.30

75%

0.29

0.065

959.62

per Acre

441

Live Theater (limited data)

1.00

75%

0.29

0.218

3.20

per Sq. Ft.

445

Multiplex Movie Theater

5.22

75%

0.29

1.135

16.70

per Sq. Ft.

491

Racquet Club

0.64

50%

0.29

0.093

1.37

per Sq. Ft.

492

Health Fitness Club

4.05

50%

0.29

0.587

8.64

per Sq. Ft.

495

Recreational Community Center

1.64

50%

0.29

0.238

3.50

per Sq. Ft.

520

Public Elementary School

1.19

75%

0.29

0.259

3.81

per Sq. Ft.

522

Public Middle School

1.19

75%

0.29

0.259

3.81

per Sq. Ft.

530

Public High School

0.97

75%

0.29

0.211

3.10

per Sq. Ft.

534

Private School K-8 (limited data)

3.40

75%

0.29

0.740

10.88

per Sq. Ft.

536

Private School K-12 (limited data)

2.75

75%

0.29

0.598

8.80

per Sq. Ft.

560

Church over 20,000 Sq. Ft.

0.66

75%

0.29

0.144

2.11

per Sq. Ft.

560

Church under 20,000 Sq. Ft.

0.66

50%

0.29

0.096

1.41

per Sq. Ft.

565

Day Care Center

13.18

25%

0.29

0.956

14.05

per Sq. Ft.

590

Library

7.09

40%

0.29

0.822

12.10

per Sq. Ft.

610

Hospital

1.18

75%

0.29

0.257

3.77

per Sq. Ft.

620

Nursing Home

0.22

75%

0.29

0.048

703.72

per Bed

630

Clinic (limited data)

5.18

75%

0.29

1.127

16.57

per Sq. Ft.

710

General Office

1.49

100%

1.22

1.818

26.73

per Sq. Ft.

715

Single Tenant Office

1.73

100%

1.22

2.111

31.04

per Sq. Ft.

720

Medical/Dental Office

3.72

75%

0.29

0.809

11.90

per Sq. Ft.

732

U.S. Post Office

25.00

25%

0.29

1.813

26.66

per Sq. Ft.

750

Office Park

1.50

100%

1.22

1.830

26.91

per Sq. Ft.

813

Freestanding Discount Super Store

3.87

43%

1.00

1.664

24.47

per Sq. Ft.

814

Specialty Retail Center

2.71

75%

0.29

0.589

8.67

per Sq. Ft.

815

Freestanding Discount Store

5.06

54%

0.29

0.792

11.65

per Sq. Ft.

816

Hardware/Paint Store

4.84

43%

0.29

0.604

8.88

per Sq. Ft.

820

Shopping Center < 1 million Sq. Ft.

3.75

43%

1.00

1.613

23.71

per Sq. Ft.

848

Tire Store

4.15

40%

0.29

0.481

7.08

per Sq. Ft.

849

Tire Super Store

2.11

40%

0.29

0.245

3.60

per Sq. Ft.

850

Supermarket

10.45

34%

0.29

1.030

15.15

per Sq. Ft.

851

Convenience Market

52.41

24%

0.29

3.648

53.65

per Sq. Ft.

853

Convenience Market w/Gas Pumps

19.22

14%

0.29

0.780

11,476.26

per VSP

854

Discount Supermarket

8.90

54%

0.29

1.394

20.50

per Sq. Ft.

861

Discount Club

4.24

43%

1.00

1.823

26.81

per Sq. Ft.

862

Home Improvement Super Store

2.45

32%

1.00

0.784

11.53

per Sq. Ft.

863

Electronics Super Store

4.50

27%

1.00

1.215

17.87

per Sq. Ft.

867

Office Supply Super Store

3.40

32%

1.00

1.088

16.00

per Sq. Ft.

880

Pharmacy/Drug Store

8.42

38%

0.29

0.928

13.65

per Sq. Ft.

881

Pharmacy/Drug Store w/Drive-up

8.62

38%

0.29

0.950

13.97

per Sq. Ft.

896

Video Rental Store

13.60

20%

0.29

0.789

11.60

per Sq. Ft.

911

Walk-in Bank (limited data)

33.15

27%

0.29

2.596

38.17

per Sq. Ft.

912

Drive-in Bank

45.74

27%

0.29

3.581

52.67

per Sq. Ft.

931

Quality Restaurant

7.49

38%

0.29

0.825

12.14

per Sq. Ft.

932

High Turnover Restaurant

10.92

37%

0.29

1.172

17.23

per Sq. Ft.

933

Fast Food

26.15

30%

0.29

2.275

33.46

per Sq. Ft.

934

Fast Food w/Drive-up

34.64

30%

0.29

3.014

44.32

per Sq. Ft.

936

Drinking Place

11.34

38%

0.29

1.250

18.38

per Sq. Ft.

941

Quick Lube

5.19

14%

0.29

0.211

3,098.95

per VSP

942

Auto Care

3.38

30%

0.29

0.294

4.32

per Sq. Ft.

944

Gas Station

13.86

14%

0.29

0.563

8,275.80

per VSP

945

Gas Station w/Conven Mkt

13.38

14%

0.29

0.543

7,989.20

per VSP

946

Gas Station w/Conven Mkt & Car Wash

13.33

14%

0.29

0.541

7,959.34

per VSP

947

Self-Serve Car Wash

5.54

14%

0.29

0.225

3,307.93

per VSP

1    Institute of Transportation Engineers, Trip Generation (7th Edition).

2    Trip generation rate per development unit, for p.m. peak hour of the adjacent street traffic (4:00 – 6:00 p.m.).

    Note: Sq. Ft. rate expressed per 1,000 SF.

3    Omits linked/diverted and pass-by trips, per Trip Generation Handbook: an ITE Recommended Practice, March, 2001.

4    Average trip length relative to single-family trip.

5    DU = dwelling unit, Sq. Ft. = square feet, VSP = vehicle servicing position.

If an applicant proposes a land use that is not identified above, the impact fee shall be an amount equal to $14,706.89 for each p.m. peak hour trip generated, adjusted for trip length and percentage of new trips using methods and data comparable to those in the street study. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.120 Independent fee calculations.

(1) If, in the judgment of the director, none of the fee categories or fee amounts set forth in SMC 14A.15.110 accurately describe or capture the impacts of a new development on streets and roads, the department may prepare independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer.

(2) If a feepayer opts not to have the impact fees determined according to SMC 14A.15.110, then the feepayer shall prepare and submit to the director an independent fee calculation for the development for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made.

(3) Any feepayer submitting an independent fee calculation shall be required to pay the City a fee to cover the cost of reviewing the independent fee calculation. The amount of the fee required by the City for conducting the review of the independent fee calculation shall be in accordance with the adopted fee resolution by the City council and shall be paid by the feepayer prior to initiation of review.

(4) While there is a presumption that the calculations set forth in the street impact fee analysis are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may modify or deny the request, or, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The director’s decision shall be set forth in writing and shall be mailed to the feepayer.

(5) Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in SMC 14A.15.060. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.130 Administrative fees.

(1) All development permits subject to the impact fees pursuant to SMC 14A.15.110 shall pay an administrative processing fee as adopted by the City council.

(2) All development permits that require an independently determined impact fee pursuant to SMC 14A.15.120 shall pay an administrative processing fee as adopted by the City council. (Ord. O2006-208 § 2; Ord. O2004-140 § 1; Ord. O2004-136 § 1)

14A.15.140 Mitigation of adverse environmental impacts.

Nothing in this title shall preclude the City from requiring the feepayer or the proponent of a development to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. (Ord. O2006-208 § 2)