Chapter 19.100
MITIGATION OF DEVELOPMENT IMPACTS1

Sections:

19.100.010    Purpose.

19.100.020    Definition.

19.100.030    Determination of direct impact.

19.100.040    Costs.

19.100.050    Mitigation of direct impacts.

19.100.060    Methods of mitigation.

19.100.070    Timing of fee payments.

19.100.075    Option for deferred payment of transportation and school impact fee.

19.100.010 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, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds.

(Ord. No. 90-39, § 1(22.10), 2-27-90. Code 2001 § 19-41.)

19.100.020 Definition.

For purposes of this chapter, the term “development” shall include, but not be limited to, subdivisions, short subdivisions, binding site plans and any other development activity defined by FWRC Title 19, Zoning and Development Code.

(Ord. No. 90-39, § 1(22.20), 2-27-90. Code 2001 § 19-42.)

19.100.030 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 consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors:

(1) Predevelopment versus postdevelopment need for services such as city streets, sewers, water supplies, drainage and stormwater detention 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 or programs;

(6) Any significant adverse environmental impacts of the proposed development identified in the process of complying with the environmental policy, FWRC Title 14, or the State Environmental Policy Act, RCW 43.21C.010 et seq.;

(7) Consistency with the city’s comprehensive plan and any of its 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; and

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

(Ord. No. 10-658, § 4, 5-18-10; Ord. No. 90-39, § 1(22.30), 2-27-90. Code 2001 § 19-43.)

19.100.040 Costs.

The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant.

(Ord. No. 90-39, § 1(22.40), 2-27-90. Code 2001 § 19-44.)

19.100.050 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 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 or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development.

(Ord. No. 90-39, § 1(22.50), 2-27-90. Code 2001 § 19-45.)

19.100.060 Methods of mitigation.

(1) 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 improvements, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts.

(2) 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, provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions:

(a) 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.

(b) 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.

(c) The payment shall be expended in all cases within applicable time limitations of Chapter 82.02 RCW, unless otherwise agreed to by the developer.

(d) Unless the property owner elects to defer payments authorized in FWRC 19.100.075, any payment not expended within applicable time limitations 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 account applicable at the time of refund. If the payment is not expended within the applicable time limitations due to delay attributable to the developer, the payment shall be refunded without interest.

(e) 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 a specified period of 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.

(f) 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.

(Ord. No. 16-822, § 8, 8-9-16; Ord. No. 10-658, § 5, 5-18-10; Ord. No. 90-39, § 1(22.60.10 – 22.60.30), 2-27-90. Code 2001 § 19-46.)

19.100.070 Timing of fee payments.

Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections (1)(b), (1)(c), and (3)(c) of this section, the following describes when such fees shall be calculated and paid:

(1) Open space fee-in-lieu.

(a) As provided in FWRC 18.55.060 and 19.115.115, a fee in lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions, or prior to building permit issuance for multifamily developments in the city center core and city center frame zoning districts, unless deferred as noted below. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property’s assessed or appraised value.

(b) For those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant’s expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property’s assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection.

(c) For multifamily developments in the city center core and city center frame, open space fees-in-lieu may be deferred, but shall be paid no later than the completion of construction and prior to receipt of certificate of occupancy/approval to occupy for each floor or each building if phased, or five years from the recording of the deferment covenants, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant’s expense, prior to building permit issuance, to enforce payment of deferred fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equally among all residential units within the project. The fee shall be calculated based upon the square footage of open space that otherwise would have been required to be provided multiplied by the subject property’s assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond building permit issuance, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection.

(2) Regional stormwater facility fee-in-lieu. Developments may be able to utilize stormwater detention in one of the city’s regional stormwater facilities based on an area fee-in-lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments.

(3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated and paid per the following:

(a) For commercial developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building permit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use.

(b) The city shall collect transportation impact fees, based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit.

(c) For all applications for single-family, multifamily residential building permits, and manufactured home permits, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required transportation impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.100.075.

(d) Where a building permit is not required for the development activity, the transportation impact fees shall be paid prior to issuance of the permit that authorizes the activity.

(Ord. No. 16-822, § 9, 8-9-16; Ord. No. 12-727, § 6, 9-18-12; Ord. No. 10-658, § 6, 5-18-10.)

19.100.075 Option for deferred payment of transportation and school impact fee.

An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a transportation impact fee and/or a school impact fee for a single-family residential dwelling unit. The following shall apply to any request to defer payment of an impact fee:

(1) The applicant shall submit to the city a written request to defer the payment of an impact fee for a specifically identified building permit. The applicant’s request shall identify, as applicable, the applicant’s corporate identity and contractor registration number, the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur, the legal description of the property upon which the development activity allowed by the building permit is to occur, the tax parcel identification number of the property upon which the development activity allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur. All applications shall be accompanied by an administrative fee as provided for in the city’s adopted permit and impact fee schedule.

(2) The impact fee amount due under any request to defer payment of impact fees shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection (1) of this section.

(3) Prior to the issuance of a building permit that is the subject of a request for a deferred payment of the impact fee, all legal owners of the property upon which the development activity allowed by the building permit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The deferred impact fee payment lien shall be recorded against the property subject to the building permit and be granted in favor of the city in the amount of the deferred impact fee. Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building permit. In addition to the administrative fee required in subsection (1) of this section, the applicant shall pay to the city the fees necessary for recording the lien agreement with the King County recorder.

(4) The city shall not approve a final inspection until the impact fees identified in the deferred impact fee payment lien and the administrative deferral fee are paid in full.

(5) In no case shall payment of the impact fee be deferred for a period of more than 18 months from the date of building permit issuance. Eighteen months after building permit issuance, the impact fee shall be paid regardless of the status of the building permit, unless the building permit has been canceled by the city.

(6) Upon receipt of final payment of the deferred impact fee as identified in the deferred impact fee payment lien, the city shall execute a release of lien for the property. The property owner may, at his or her own expense, record the lien release.

(7) In the event that the deferred impact fee is not paid within the time provided in this section, the city may institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW. The school district may also institute foreclosure proceedings as set forth in RCW 82.02.050(3).

(8) An applicant is entitled to defer impact fees pursuant to this section for no more than 20 single-family dwelling unit building permits per year in the city. For purposes of this section, an “applicant” includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant.

(Ord. No. 16-822, § 10, 8-9-16.)


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Cross references: Parks and recreation, Chapter 4.05 FWRC; streets and sidewalks, FWRC Title 4, Division II; utilities, FWRC Title 11; water quality and waterways, Chapter 16.45 FWRC; subdivisions, FWRC Title 18; public use easements, FWRC 19.05.330; building site requirements, FWRC 19.105.010; calculating lot coverage requirements, FWRC 19.110.020; land modification restrictions and requirements, Chapter 19.120 FWRC; fences, FWRC 19.125.120 et seq.; administration of the provisions regarding environmentally critical areas, Chapter 19.145 FWRC, Article I.