Chapter 12.14
TRANSPORTATION IMPACT FEES Revised 7/23
Sections:
12.14.010 Findings and authority.
12.14.020 Definitions.
12.14.030 Establishment of service area.
12.14.040 Transportation impact fees methodology and applicability.
12.14.050 Transportation impact fee assessment.
12.14.060 Independent fee calculations.
12.14.070 Exemptions. Revised 7/23
12.14.080 Credits for dedications, construction of improvements, and past tax payments.
12.14.090 Adjustments for future tax payments and other revenue sources.
12.14.100 Appeals.
12.14.110 Establishment of transportation impact fee accounts.
12.14.120 Administrative guidelines.
12.14.130 Refunds and offsets.
12.14.140 Use of funds.
12.14.150 Review and adjustment of rates.
12.14.160 Administrative fees.
12.14.170 Existing authority unimpaired.
12.14.180 City of Kent transportation impact fee schedule.
12.14.010 Findings and authority.
The city council of the city of Kent hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the city of Kent, will create additional demand and need for system improvements in the city, and the council finds that such new growth and development should pay a proportionate share of the cost of system improvements needed to serve the new growth and development. The city of Kent has conducted extensive research documenting the procedures for measuring the impact of new developments on public facilities, has prepared the “Rate Study for Transportation Impact Fees,” city of Kent, dated February 2021 (“rate study”), attached to the ordinance codified in this chapter as Exhibit 1, and incorporates that rate study into this chapter by this reference. The rate study utilizes a methodology for calculating transportation impact fees that incorporates, among other things, all of the requirements of RCW 82.02.060(1). Copies of the most current versions of the rate study shall be kept on file with the city clerk and are available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess transportation impact fees for streets and roads. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in providing for the assessment of transportation impact fees.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.030)
12.14.020 Definitions.
The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.
A. Building permit means an official document or certification which is issued by the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or any portions thereof.
B. Capital facilities plan means the capital facilities element of the city’s Comprehensive Plan adopted pursuant to Chapter 36.70A RCW and such plan as amended.
C. City means the city of Kent.
D. Council means the city council of the city of Kent.
E. Department means the city’s department of public works.
F. Development activity means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that creates additional demand and need for public facilities. “Development activity” does not include:
1. Building or structures constructed by a regional transit authority; or
2. Building or structures constructed as shelters that provide emergency housing for people experiencing homelessness, or emergency shelters for victims of domestic violence, as defined in RCW 70.123.020.
G. Development approval means any written authorization from the city of Kent which authorizes the commencement of a development activity.
H. Director means the public works director or the director’s designee.
I. Downtown Kent means the area addressed in the Downtown Subarea Action Plan, and also includes development within the GC, GC-MU, CC-MU, or MR-M zoning districts along the Meeker Street Corridor between 64th Avenue South and Kent-Des Moines Road. This area is shown in Figure 1 of the rate study.
J. Encumber means to reserve, set aside, or otherwise earmark the transportation impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements.
K. Feepayer means a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. Feepayer includes an applicant for a transportation impact fee credit.
L. Hearing examiner means that person or persons appointed by the mayor pursuant to Chapter 2.32 KCC.
M. Independent fee calculation means the transportation impact fee calculation prepared by a feepayer, to support the assessment of a transportation impact fee other than by the use of the rates published pursuant to KCC 12.14.180, or the calculations prepared by the director where none of the fee categories or fee amounts published pursuant to KCC 12.14.180 accurately describe or capture the impacts of the development activity on public facilities.
N. KCC means the Kent City Code or, when followed by a numerical designation, a provision of the Kent City Code.
O. Midway means the area addressed in the Midway Subarea Plan. This area is shown in Figure 1 of the rate study.
P. Owner means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.
Q. Permit for change of use or change of use permit means an official document which is issued by the city which authorizes a change of use of an existing building or structure or land.
R. P.M. peak hour means the 60-minute period between 4:00 p.m. and 6:00 p.m. which experiences the highest volume of traffic on a road or street or passing through a road or street intersection.
S. P.M. peak hour person trips means the total trips by all modes (walking, biking, transit, and driving) entering and leaving a place of new development activity during the p.m. peak hour.
T. Project improvements means site improvements and facilities that are planned and designed to provide service for a particular development project, are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement.
U. Public facilities, for purposes of this chapter, means the following capital facilities owned or operated by the city of Kent or other governmental entities: public streets and roads.
V. Rate study means the Exhibit 1 “Rate Study for Transportation Impact Fees,” city of Kent, dated February 2021, or as hereinafter amended.
W. Street or road means a public right-of-way and all related appurtenances, including lawfully required off-site mitigation, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting property. For purposes of this chapter, public streets and roads are collectively referred to as “transportation.”
X. System improvements, for purposes of this chapter, means public transportation facilities that are included in the city of Kent’s capital facilities plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements.
Y. Transportation means public streets and roads and related appurtenances.
Z. Transportation impact fee means a payment of money imposed by the city of Kent on development activity pursuant to this chapter as a condition of granting development approval. Transportation impact fee does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations.
AA. Transportation impact fee account(s) means the separate accounting structure(s) within the city’s established accounts, which structure(s) shall identify separately earmarked funds and which shall be established for the transportation impact fees that are collected. The account(s) shall be established pursuant to KCC 12.14.110, and shall comply with the requirements of RCW 82.02.070.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.040)
12.14.030 Establishment of service area.
The city hereby establishes, as the service area for transportation impact fees, the city of Kent, including all property located within the corporate city limits and shall include all unincorporated areas annexed to the city on and after the effective date of the ordinance codified in this chapter.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.045)
12.14.040 Transportation impact fees methodology and applicability.
The transportation impact fees published pursuant to KCC 12.14.180 are generated from the formulae for calculating transportation impact fees set forth in the rate study. Except as otherwise provided for independent fee calculations in KCC 12.14.060, exemptions in KCC 12.14.070, and credits in KCC 12.14.080, all development activity in the city will be charged the transportation impact fee applicable to the type of development listed in the fee schedule published pursuant to KCC 12.14.180.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.050)
12.14.050 Transportation impact fee assessment.
A. The city shall assess transportation impact fees, based on the rates published pursuant to KCC 12.14.180, from any applicant seeking development approval from the city for any development activity within the city, when such development activity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities.
B. Maximum transportation impact fees are established by the rate study. The rate shall be 55 percent of the maximum amount.
C. On January 1st of each calendar year, the director shall increase or decrease the fees by an amount equal to the percentage increase or decrease in the Construction Price Index for Seattle-Tacoma-Bremerton for the previous 12-month period beginning on October 1st and extending through September 30th.
D. When a transportation impact fee, pursuant to subsection (A) of this section, applies to a change of use permit, the transportation impact fee shall be assessed for the land use category of the new use, less any transportation impact fee that would have been assessed for the prior use. For purposes of this provision, a change of use should be reviewed based on the land use category provided in the rate study that best captures the broader use of the property under development. Changes in use or tenancy, if consistent with the general character of the building or building aggregations (i.e., “industrial park,” or “specialty retail”) should not be considered a change in use that is subject to a transportation impact fee. Further, minor changes in tenancies that are consistent with the general character of the included structure, building, or previous use should not be considered changes in use subject to a transportation impact fee. Vacant buildings shall be assessed as if in the most recent legally established use as shown on a Kent business license, development permit, or other reliable and verifiable evidence acceptable to the director.
E. For mixed use developments, transportation impact fees shall be assessed for the proportionate share of each land use, based on the applicable measurement in the transportation impact fee rates published pursuant to KCC 12.14.180.
F. Transportation impact fees shall be determined at the time the complete application for a building permit or a permit for a change in use is submitted using the transportation impact fees then in effect. Transportation impact fees shall be due and payable before the building permit or permit for a change of use is issued by the city.
G. The director may adjust the transportation impact fees at the time the fee is due and payable to consider any unusual circumstances to help ensure that impact fees are assessed fairly.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4153, § 1, 6-2-15; Ord. No. 4397, § 1, 3-16-21; Ord. No. 4403, § 1, 5-18-21. Formerly 12.14.060)
12.14.060 Independent fee calculations.
A. If, in the judgment of the director, none of the fee categories or fee amounts set forth in KCC 12.14.050 accurately describes or captures the impacts of development activity on streets, the department may conduct 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.
B. A feepayer may opt not to have the transportation impact fees determined according to the fee schedule published pursuant to KCC 12.14.180, in which case the feepayer shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to establish transportation impact fees adopted pursuant to KCC 12.14.180, shall be prepared by a professional engineer, and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the current edition of the Institute of Transportation Engineers Trip Generation Manual or the rate study.
C. Any feepayer submitting an independent fee calculation will be required to pay the city a fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting the review of the independent fee calculation shall be set by council resolution, and shall be paid by the feepayer prior to issuance of the director’s determination.
D. There is a rebuttable presumption that the calculations set forth in the rate study 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 inapplicable, inaccurate, incomplete, or unreliable. The director may require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the transportation 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 fees or alternative fees and the calculations therefor shall be set forth in writing and shall be mailed to the feepayer.
E. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner under the procedures set forth in KCC 12.14.100.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.070)
12.14.070 Exemptions. Revised 7/23
A. The following shall be exempted from the payment of all transportation impact fees:
1. Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use.
2. Miscellaneous improvements which do not generate increased p.m. peak hour person trips, including, but not limited to, fences, walls, residential swimming pools, and signs.
3. Demolition or moving of a structure when additional p.m. peak hour person trips are not generated.
4. A change of use that has less impact than the existing use shall not be assessed a transportation impact fee.
5. Construction of an accessory residential structure, including the first accessory dwelling unit (ADU) under KCC 15.08.350, as it is considered part of the single-family use associated with this fee. Subsequent ADU permits shall be charged 50 percent of the single-family unit impact fee.
B. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this chapter, in any other KCC provision, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.100.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21; Ord. No. 4464, § 3, 5-16-23. Formerly 12.14.080)
12.14.080 Credits for dedications, construction of improvements, and past tax payments.
A. A feepayer may request that a credit or credits for impact fees be awarded to the feepayer for the total value of system improvements, including dedications of land and improvements, and/or construction provided by the feepayer. The application for credits shall be presented by the feepayer on forms to be provided by the department and shall include the content designated in such forms. Credits will be given only if the land, improvements, and/or the facility constructed:
1. Are included within the capital facilities plan or would serve the goals and objectives of the capital facilities plan;
2. Are at suitable sites and constructed at acceptable quality as determined by the city;
3. Serve to offset impacts of the feepayer’s development activity; and
4. Are for one or more of the transportation projects listed in the rate study as the basis for calculating the transportation impact fee.
B. For credits for dedications:
1. The director shall determine if requests for credits meet the criteria in subsection (A) of this section or other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedure set forth in KCC 12.14.100.
2. For each request for a credit or credits, the director shall select an appraiser or, in the alternative, the feepayer may select an independent appraiser acceptable to the director.
3. Unless approved otherwise by the director, the appraiser must be an MAI (member of the American Institute of Appraisers) and be licensed in good standing pursuant to Chapter 18.40 RCW et seq. in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised.
4. The appraisal will be accepted or rejected by the director and may be subject to independent review.
5. The feepayer shall pay the actual costs for the appraisal and an independent review, if required, unless the director determines that payment for independent review should not be at the feepayer’s expense.
6. After considering the appraisal and the review, the director shall provide the applicant with a determination setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The feepayer must sign and date a duplicate copy of such determination indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the transportation impact fee credit will be awarded. The failure of the feepayer to sign, date, and return such document within 60 calendar days of the date of the determination shall nullify the credit. If credit is denied, the feepayer shall be notified in a letter that includes the reasons for denial.
7. No credit shall be given for project improvements.
C. A feepayer may request that a credit or credits for transportation impact fees be awarded to him/her for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for past tax payments for system improvements.
D. Any claim for credit must be received by the city no later than 30 calendar days after the submission of an application for a building permit or an application for a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit.
E. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in KCC 12.14.100.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.090)
12.14.090 Adjustments for future tax payments and other revenue sources.
Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the development activity which are earmarked for or proratable to the same new public facilities which will serve the new development. The transportation impact fees published pursuant to KCC 12.14.180 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.100)
12.14.100 Appeals.
A. Determinations of the director with respect to the applicability of the transportation impact fees to a given development activity, the availability or value of a credit, the director’s decision concerning the independent fee calculation which is authorized in KCC 12.14.060, or any other determination which the director is authorized to make pursuant to this chapter may be appealed by the feepayer to the hearing examiner. No building or change of use permits will be issued until the transportation impact fee is paid; provided, however, that the feepayer may pay the fee under protest pending appeal to avoid delays in the issuance of building permits or change of use permits.
B. Appeals to the hearing examiner shall be taken in accord with the processes set forth in Chapter 12.01 KCC for open record appeals; provided, however, that appeals are to be delivered to the city’s permit center.
C. At the time of filing of the appeal, the feepayer shall pay the fee set by council resolution for city of Kent planning and land use fees, “appeal of administrative interpretation/decision.”
D. The hearing examiner is authorized to make findings of fact regarding the applicability of the transportation impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. There is a presumption of validity of the director’s determination; feepayer has the burden of proof. The decision of the hearing examiner shall be the final determination of the city unless remanded to the department as provided in subsection (E) of this section.
E. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse, affirm, modify or remand, in whole or in part, the determinations of the director with respect to the amount of the transportation impact fees imposed or the credit awarded.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.110)
12.14.110 Establishment of transportation impact fee accounts.
A. Transportation impact fee receipts shall be earmarked specifically and deposited in one or more special, interest-bearing accounts.
B. The city shall establish one or more separate transportation impact fee accounts for the fees collected pursuant to this chapter. Funds withdrawn from the account or accounts must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the account(s) and expended for the purposes for which the transportation impact fees were collected.
C. On an annual basis, the finance director shall provide a report to the council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by transportation impact fees.
D. Transportation impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the delay.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.120)
12.14.120 Administrative guidelines.
The director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of procedural rules.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.130)
12.14.130 Refunds and offsets.
A. If the city fails to expend or encumber the transportation impact fees within 10 years of the date the fees were paid, unless extraordinary or compelling reasons are established pursuant to KCC 12.14.110, the current owner of the property on which transportation impact fees have been paid may receive a refund of such fees. In determining whether transportation impact fees have been expended or encumbered, transportation impact fees shall be considered expended or encumbered on a first in, first out basis.
B. 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 must be the current owner of record of the real property against which the transportation impact fee was assessed.
C. Owners seeking a refund of transportation 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.
D. Any transportation 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 system improvements for which they were collected.
E. Refunds of transportation impact fees or offsets against subsequent transportation impact fees under this section shall include any interest earned on the transportation impact fees by the city.
F. When the city seeks to terminate any or all components of the transportation 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 public facilities for which the transportation impact fees were collected. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.
G. The city shall also refund to the current owner of property for which transportation impact fees have been paid all transportation impact fees paid, including interest earned on the transportation impact fees, if the development activity for which the transportation impact fees were imposed did not occur; provided, however, that, if the city has expended or encumbered the transportation impact fees in good faith prior to the application for a refund, the director may decline to provide the refund. If, within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of transportation impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.100.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.140)
12.14.140 Use of funds.
A. Pursuant to this title, transportation impact fees:
1. Shall be used for one or more of the transportation projects listed in the rate study as the basis for calculating the impact fee, which are for system improvements that will reasonably benefit the new development activity;
2. Shall not be imposed to make up for deficiencies in public facilities; and
3. Shall not be used for maintenance or operation.
B. Transportation impact fees may be spent for system improvements to streets and roads as herein defined and including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized.
C. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements for which transportation impact fees may be expended, such transportation 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.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.150)
12.14.150 Review and adjustment of rates.
The fees and rates set forth in the rate study may be reviewed and adjusted by the council as it deems necessary and appropriate in conjunction with the annual budget process so that adjustments, if any, will be effective at the first of the calendar year.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.160)
12.14.160 Administrative fees.
A. For each transportation impact fee imposed, there shall be charged an administrative fee, the amount of which shall be set by council resolution. The administrative fee shall be deposited into an administrative fee account within the transportation impact fee account(s). Administrative fees shall be used to defray the city’s actual costs associated with the assessment and collection and update of the transportation impact fees. An administrative fee is not refundable or creditable.
B. The administrative fee shall be paid by the feepayer at the same time as the transportation impact fee is collected; provided, however, that the administrative fee shall be due at the time of building permit issuance when the director has deferred payment of fees.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.170)
12.14.170 Existing authority unimpaired.
Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity 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. Compliance with this chapter and/or payment of fees under this chapter shall not constitute evidence of a determination of transportation concurrency.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.180)
12.14.180 City of Kent transportation impact fee schedule.
Annually, on or about January 1st of each year, the director shall publish transportation impact fee schedules for downtown Kent, the Midway, and all other areas of Kent consistent with the rate study and this chapter.
(Ord. No. 3971, § 1, 7-6-10; Ord. No. 3973, § 1, 8-17-10; Ord. No. 3992, § 1, 3-1-11; Ord. No. 4397, § 1, 3-16-21. Formerly 12.14.190)