Chapter 19.96


19.96.010    Purpose and intent.

19.96.020    Definitions.

19.96.030    System development charges methodology and applicability.

19.96.040    Assessment of system development charges.

19.96.050    Deposit and use of system development charge funds.

19.96.060    Administrative guidelines.

19.96.070    Annual adjustment.

19.96.080    Administrative fee.

19.96.090    Appeals.

19.96.100    Existing authority unimpaired.

19.96.010 Purpose and intent.

The city council has determined that it is in the public interest to enact and impose surface and stormwater utility system development charges (SDC) for the purpose of recovering the equitable share of the cost of impacts to the city of Federal Way surface and stormwater utility facilities that result from development that increases impervious surfaces or changes pervious surfaces resulting in an increase in rainfall runoff.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.020 Definitions.

The following words and terms shall have the following meanings for the purposes of this chapter. Terms otherwise not defined herein shall be defined pursuant to Chapter 19.05 FWRC or given their usual and customary meaning.

“Equivalent service unit (ESU)” means the average amount of impervious surface area on single-family residential parcels within the city of Federal Way. Impervious surface area includes the single-family residence, driveway, walkway, paved areas, and other surfaces that do not allow penetration of stormwater runoff into the ground. The ESU value for the city of Federal Way has been calculated to be 3,200 square feet.

“Impervious surface area” means the nonvegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development and/or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater.

“Redevelopment” for the purpose of assessing SDCs means a site that is already substantially developed (i.e., has 35 percent or more of existing hard surface coverage); the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.030 System development charges methodology and applicability.

(1) System development charges (SDCs) are one-time fees that will be paid at the time of development and are intended to recover a share of the cost of system capacity needed to serve growth. No building permit, land use approval, short subdivision or subdivision approval, or any other permit allowing development within the city shall be granted except upon payment of the SDC required under this chapter. The annual SDC rate shall be included within the 2020 city of Federal Way fee schedule and will be calculated as a dollar amount per ESU. The SDC will be reviewed each year and any changes in the SDC rate shall be published in the city of Federal Way fee schedule. All development, which includes redevelopment, in the city that increases impervious surfaces will be assessed an SDC.

(2) SDCs do not include permit fees, application fees, the administrative fee for collecting and handling SDCs, or any other charge, fee, or tax imposed or required by the FWRC or any other entity.

(3) The SDC for 2020 shall be $981.00 per ESU.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.040 Assessment of system development charges.

(1) For the purposes of assessing an SDC, development of a single-family detached dwelling unit parcel as a single-family detached dwelling unit shall be assessed an SDC of one ESU, regardless of lot size or total square footage of new impervious surface area.

(2) For all other development, ESUs will be based on the total increase in square footage of impervious surface area. The total increase in square footage of impervious surface area will be identified at the time of the development review.

(3) Assessed SDCs shall be paid to the SWM SDC account prior to connection of private stormwater infrastructure to the city’s public drainage system.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.050 Deposit and use of system development charge funds.

(1) All monies obtained pursuant to this chapter shall be segregated, credited, and deposited to the credit of the storm and surface water utility. The monies deposited shall be expended only for administering, operating, maintaining, or improving storm and surface water facilities, including, but not limited to, all or any part of the cost of administering, planning, permitting, designing, financing, acquiring, constructing, maintaining, repairing, replacing, improving, or operating present or future storm and surface water facilities and/or property owned by the utility. Monies shall not be transferred to any other funds of the city except to pay for expenses directly attributable to the storm and surface water utility.

(2) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which monies obtained pursuant to this chapter may be expended, said monies 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 development and redevelopment.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.060 Administrative guidelines.

The public works director is hereby authorized to adopt internal guidelines for the administration of SDCs, which may include the adoption of a procedures guide for SDCs.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.070 Annual adjustment.

Beginning January 1, 2021, and for every year thereafter, the SDC shall be adjusted by the annual change in the June CPI for the Seattle area.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.080 Administrative fee.

(1) There shall be a fee for the administration of the SDC program in an amount equal to five percent of the amount of the total assessed SDC. The administrative fee shall be deposited into an administrative fee account to the credit of the surface and stormwater utility. Administrative fees shall be used to defray the cost incurred by the city in the administration and update of the SDC program.

(2) The administrative fee, which is in addition to the assessed SDC, shall be paid by the applicant at the same time as the SDC.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.090 Appeals.

A person aggrieved by a decision of the public works director regarding the applicability or amount of SDCs to any development required under the provisions of this chapter may appeal the decision to the city’s hearing examiner using Process IV, Chapter 19.70 FWRC, within 14 calendar days of the issuance of the SDC decision. In those cases where the proposed development activity may require a hearing under the authority of other chapters of this Code, the hearings may be combined.

(Ord. No. 19-880, § 3, 12-3-19.)

19.96.100 Existing authority unimpaired.

Nothing in this chapter shall impair or preclude the city from requiring the applicant or the proponent of a development activity to mitigate the development impacts and/or adverse environmental impacts of a specific development pursuant to any provision of the FWRC, the State Environmental Policy Act, Chapter 43.21C RCW, and/or any other applicable federal, state, or local law, regulation, or standard based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions, so long as the exercise of such authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW.

(Ord. No. 19-880, § 3, 12-3-19.)