Chapter 27.04
TRANSPORTATION IMPACT FEES*

Sections:

27.04.010    Findings and authority.

27.04.020    Definitions.

27.04.030    Assessment of impact fees.

27.04.035    Transportation impact fees relating to change of use.

27.04.040    Independent fee calculations.

27.04.050    Exemptions.

27.04.060    Credits.

27.04.070    Adjustments.

27.04.080    Establishment of impact fee account.

27.04.090    Authorization for interlocal agreements.

27.04.100    Refunds.

27.04.110    Use of funds.

27.04.120    Review of schedule and fee increases.

27.04.130    Appeals.

27.04.135    Responsibility for payment of fees.

27.04.140    Existing authority unimpaired.

27.04.150    Transportation impact fee schedule.

*    Code reviser’s note: Pursuant to Section 6 of Ordinance 4100, the amendments of Ordinance 4100 shall be in force and effect on February 1, 2008. For more information, contact the city clerk’s office.

27.04.010 Findings and authority.

The city council finds and determines that new growth and development, including but not limited to new residential, commercial, retail, office, industrial, and institutional development in the city will create additional demand and need for public facilities in the city and finds that new growth and development should pay a proportionate share of the cost of new public facilities needed to serve the new growth and development. The city has conducted an extensive study documenting the procedures for measuring the impact of new developments on public facilities and has prepared a rate study. The city council accepts the methodology and data contained in the rate study. Therefore, pursuant to Chapter 82.02 RCW, the city council adopts this chapter to assess impact fees for transportation facilities. (Ord. 4502 § 1, 2015: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.020 Definitions.

The following words and terms shall have the following meanings 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.

(1)    “Act” means the Growth Management Act, Chapter 36.70A RCW.

(2)    “Applicant” means the owner of real property according to the records of the King County recorder’s office, or the applicant’s authorized agent.

(3)    “Building permit” means the official document or certification that is issued by the planning and building department and authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, tenant improvement, demolition, moving or repair of a building or structure.

(4)    “Capital facilities” means the facilities or improvements included in the capital facilities plan.

(5)    “Capital facilities plan” means the capital facilities plan element of the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended.

(6)    “City” means the city of Kirkland, Washington.

(7)    “Council” means the city council of the city.

(8)    “Department” means the public works department.

(9)    “Director” means the director of the public works department, or the director’s designee.

(10)    “Encumbered” means to reserve, set aside or otherwise earmark the impact fees in order to pay for transportation planning, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting, financing, administrative expenses, construction of roads and related facilities, and any other commitments, contractual obligations or other liabilities incurred for public facilities.

(11)    “Gross floor area” is the total square footage of all floors in a structure as defined in Chapter 5 KZC.

(12)    “Hearing examiner” means the person who exercises the authority of Kirkland Municipal Code Chapter 3.34.

(13)    “Impact fee” means a payment of money imposed by the city on an applicant prior to issuance of a building permit in order to pay for the public facilities needed to serve new growth and development. “Impact fee” does not include a reasonable permit fee or application fee.

(14)    “Impact fee account” or “account” means the account established for the system improvement for which impact fees are collected. The account shall be established pursuant to this chapter, and shall comply with the requirements of RCW 82.02.070.

(15)    “Independent fee calculation” means the study or data submitted by an applicant to support the assessment of an impact fee other than the fee in the schedule in Section 27.04.150.

(16)    “Interest” means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined.

(17)    “Interlocal agreement” or “agreement” means a roads interlocal agreement, authorized in this chapter, by and between the city and other government agencies concerning the collection and expenditure of impact fees, or any other interlocal agreement entered by and between the city and another municipality, public agency or governmental body to implement the provisions of this chapter.

(18)    “Low-income housing” means (A) an owner-occupied housing unit affordable to households whose household income is less than eighty percent of the King County median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD), and no more than thirty percent of the household income is paid for housing expenses, or (B) a renter-occupied housing unit affordable to households whose income is less than sixty percent of the King County median income, adjusted for household size, as determined by HUD, and no more than thirty percent of the household income is paid for housing expenses (rent and an appropriate utility allowance). In the event that HUD no longer publishes median income figures for King County, the city may use or determine such other method as it may choose to determine the King County median income, adjusted for household size. The director will make a determination of sales prices or rents which meet the affordability requirements of this section. An applicant for a low-income housing exemption may be a public housing agency, a private nonprofit housing developer or a private developer.

(19)    “Owner” means the owner of real property according to the records of the King County recorder’s office; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.

(20)    “Prior use” means the use with the highest impact fee per unit, based on the schedule in Section 27.04.150, in existence since January 1, 2015, as documented by city records.

(21)    “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development or users of a project, and are not system improvements. No improvement or facility included in the capital facilities plan shall be considered a project improvement.

(22)    “Public facilities” means the transportation facilities for pedestrians, bicycles, transit and motor vehicles of the city or other governmental entities.

(23)    “Rate study” means the Transportation Impact Fee Rate Study, City of Kirkland, by Fehr and Peers, dated October 2015, as updated and amended from time to time.

(24)    “Residential” means housing, such as detached, attached or stacked dwelling units (includes cottage, carriage and two-/three-unit homes approved under Chapter 113 KZC, and senior and assisted dwelling units intended for occupancy by one or more persons and not offering other services). For the purpose of this chapter, an accessory dwelling unit, regulated in Chapter 115 KZC, is considered an adjunct to the associated primary structure and is not charged a separate impact fee.

(25)    “Road” means a right-of-way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other thoroughfare, except an alley.

(26)    “Square footage” means the square footage of the gross floor area of the development as defined in Chapter 5 KZC.

(27)    “System improvements” means public facilities included in the capital facilities plan and designed to provide service to service areas within the community at large, in contrast to project improvements. (Ord. 4502 § 2, 2015: Ord. 4491 §§ 3 (part), 11 (part), 2015; Ord. 4243 § 1, 2010: Ord. 4100 § 3 (part), 2007: Ord. 3770 § 1, 2000; Ord. 3685 § 1 (part), 1999)

27.04.030 Assessment of impact fees.

(a)    The city shall collect impact fees, based on the schedule in Section 27.04.150, from any applicant seeking a building permit from the city. The public works department is authorized to determine what land use category found in the rate schedule applies to the application.

(b)    All impact fees shall be collected from the applicant prior to issuance of the building permit. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provides otherwise, the fee shall be calculated based on the impact fee schedule in effect at the time a complete building permit application is filed.

(c)    The city shall establish the impact fee rate for a land use that is not listed on the rate schedule in Section 27.04.150. The applicant shall submit all information requested by the department for purposes of determining the impact fee rate pursuant to Section 27.04.040. The adopted cost per trip in Section 27.04.150 shall be the basis for establishing the impact fee rate.

(d)    For any change in use that includes an alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the land use category of the new gross floor area (or, if applicable, gross leasable area), less the impact fee for the land use category of the prior gross floor area (or, if applicable, gross leasable area).

(e)    For mixed use buildings or developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable unit of measurement found on the schedule in Section 27.04.150.

(f)    For building permits within new subdivisions approved under Kirkland Municipal Code Title 22 (Subdivisions), a credit shall be applied for any dwelling unit that exists on the land within the subdivision prior to the subdivision if the dwelling unit is demolished. The credit shall apply to the first complete building permit application submitted to the city subsequent to demolition of the existing dwelling unit, unless otherwise allocated by the applicant of the subdivision as part of approval of the subdivision.

(g)    At the time of issuance of any single-family detached or attached residential building permit, the applicant may elect to have the impact fee payment deferred until the building permit is completed or eighteen months after issuance of the building permits, whichever occurs first. The impact fee due and owing, less any credits awarded, shall be paid prior to building permit final inspection, building permit final occupancy, or eighteen months after the date of building permit issuance, whichever is applicable. Applicants electing to use this deferred impact fee process shall pay a two-hundred-forty-dollar administration fee with each respective building permit prior to issuance of such building permit.

(h)    Except as otherwise provided in this section, the city shall not issue any building permit unless and until the impact fee has been paid.

(i)    The payment of impact fees may be delayed through a development agreement approved by the city council pursuant to Chapter 36.70B RCW, provided the following criteria are met:

(1)    Payment of fees may be delayed to no later than issuance of the certificate of occupancy;

(2)    The development agreement shall provide mechanisms, such as withholding of the certificate of occupancy and/or property liens, to assure that the city will collect the deferred fees;

(3)    The delay shall not reduce the availability of funds to implement the city’s adopted capital improvement program in a timely manner; and

(4)    Projects must provide significant public benefit, including but not limited to:

(A)    Projects that implement adopted city council goals;

(B)    Projects with economic benefit to the city;

(C)    Projects that involve partnerships with other governmental agencies; and

(D)    Projects that include affordable housing as defined by the Kirkland Zoning Code. (Ord. 4502 § 3, 2015: Ord. 4419 § 1, 2013: Ord. 4411 § 1, 2013; Ord. 4407 § 1, 2013; Ord. 4353 § 1, 2012; Ord. 4284 § 1, 2011; Ord. 4243 § 2, 2010: Ord. 4100 § 3 (part), 2007: Ord. 3802 § 1, 2001; Ord. 3770 § 2, 2000: Ord. 3685 § 1 (part), 1999)

27.04.035 Transportation impact fees relating to change of use.

The city shall not impose transportation impact fees to the extent the assessment of the fee is the result of a change to a land use category that results in a higher fee under Section 27.04.150; provided, that this section shall not apply to a project:

(a)    To the extent the project will add, increase or expand the gross floor area of an existing building;

(b)    For which a certificate of occupancy has been issued and the impact fees have been paid, but the tenant land use is changed before the space is occupied;

and provided further, that this section applies only to the use, renovation or remodeling of existing structures and does not apply to redevelopment projects or other projects in which existing structures are replaced or substantially redeveloped. (Ord. 4502 § 4, 2015: Ord. 4461 § 1, 2014: Ord. 4393 § 1, 2012: Ord. 4288 § 1, 2011)

27.04.040 Independent fee calculations.

(a)    If, in the judgment of the director, none of the fee categories or fee amounts set forth in the schedule in Section 27.04.150 accurately describes the impacts resulting from issuance of the proposed building permit, the applicant shall provide to the department for its review and evaluation an independent fee calculation, prepared by a traffic engineer approved by the director. The director may impose on the proposed building permit an alternative impact fee based on this calculation. With the independent fee calculation, the applicant shall pay to the department an administrative processing fee of one hundred dollars per calculation, unless a different fee is provided for in Kirkland Municipal Code Title 5.

(b)    If an applicant requests not to have the impact fees determined according to the schedule in Section 27.04.150, then the applicant shall submit to the director an independent fee calculation, prepared by a traffic engineer and paid for by the applicant. The independent fee calculation shall show the basis upon which it was made and shall include, but not be limited to, trip generation characteristics. With the request, the applicant shall pay to the department the administrative processing fee provided for in Kirkland Municipal Code Title 5.

(c)    An applicant may request issuance of a building permit prior to completion of an independent fee study; provided, that the impact fee is collected based on the fee schedule in Section 27.04.150. A partial refund may be forthcoming if the fee collected exceeds the amount determined in the independent fee calculation and the public works department agrees with the independent fee calculation.

(d)    While there is a presumption that the calculations set forth in the rate study used to prepare the fee schedule in Section 27.04.150 are correct, the director shall consider the documentation submitted by the applicant, but is not required to accept such documentation which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the applicant to submit additional or different documentation. The director is authorized to adjust the impact fee on a case-by-case basis based on the independent fee calculation, the specific characteristics of the building permit, and/or principles of fairness.

(e)    Determinations made by the director pursuant to this section may be appealed to the hearing examiner subject to the procedures set forth in Section 27.04.130. (Ord. 4502 § 5, 2015: Ord. 4221 § 1, 2009: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.050 Exemptions.

(a)    The following building permit applications shall be exempt from impact fees:

(1)    Replacement of a structure with a new structure of the same gross floor area at the same site or lot when such replacement occurs within five years of the demolition or destruction of the prior structure. For replacement of structures in a new subdivision, see Section 27.04.030(f).

(2)    Replacement, alteration, expansion, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional units are created.

(3)    Any building permit for a legal accessory dwelling unit approved under Title 23 of this code, the Kirkland Zoning Code, as it is considered part of the single-family use associated with this fee.

(4)    Alteration of an existing nonresidential structure that does not expand the usable space.

(5)    Miscellaneous improvements, including but not limited to fences, walls, swimming pools, mechanical units, and signs.

(6)    Demolition or moving of a structure.

(7)(A)    Any applicant for the construction or creation of low-income housing may request an exemption of eighty percent of the required impact fee for low-income housing units subject to the criteria in subsection (a)(7)(C) of this section.

(B)    Any applicant for an exemption from the impact fees which meets the criteria set forth in subsection (a)(7)(C) of this section shall apply to the city manager for an exemption. The application shall be on forms provided by the city and shall be accompanied by all information and data the city deems necessary to process the application.

(C)    Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant shall meet each of the following criteria:

(i)    The applicant must be proposing a greater number of low-income housing units or a greater level of affordability for those units than is required by the Kirkland Zoning Code and/or the Kirkland Municipal Code. The allowed exemption shall only apply to those low-income units in excess of the minimum required by code unless the development will be utilizing public assistance targeted for low-income housing.

(ii)    The applicant must demonstrate to the city manager’s satisfaction that the amount of the impact fee exemption is justified based on the additional affordability provided above that required by code and is necessary to make the project economically viable.

(iii)    The proposed housing must meet the goals and policies set forth in Section VII of the city of Kirkland comprehensive plan.

(D)    The city manager shall review applications for exemptions under subsection (a)(7)(A) of this section pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the application. In addition, the city manager shall notify the city council when such applications are granted or denied.

(E)    The determination of the city manager shall be the final decision of the city with respect to the applicability of the low-income housing exemption set forth in this subsection.

(F)    Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the property guaranteeing that the low-income housing use will continue. Before approval of the exemption, the planning and building department shall approve the form of lien and covenant, which shall, at a minimum, meet the requirements of RCW 82.02.060. Prior to issuance of a certificate of occupancy for any portion of the development, the applicant shall execute and record the approved lien and covenant with the King County recorder’s office. The lien and covenant shall run with the land. In the event the property is no longer used for low-income housing, the current owner shall pay the current impact fee plus interest to the date of the payment.

(8)(A)    Development activities of community-based human services agencies which meet the human services needs of the community such as providing employment assistance, food, shelter, clothing, or health services for low- and moderate-income residents.

(B)    Any applicant for an exemption from the impact fee which meets the criteria set forth in subsection (a)(8)(C) of this section shall apply to the city manager for an exemption. The application shall be on forms provided by the city and shall be accompanied by all information and data the city deems necessary to process the application.

(C)    Exemption Criteria. To be eligible for the impact fee exemption established by this section, the applicant shall meet each of the following criteria:

(i)    The applicant must have secured federal tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

(ii)    The applicant’s services must be responsive to the variety of cultures and languages that exist in the city.

(iii)    The applicant must provide services and programs to those considered most vulnerable and/or at risk, such as youth, seniors, and those with financial needs, special needs and disabilities.

(iv)    The applicant’s services must meet the human services goals and policies set forth in Section XII of the city of Kirkland comprehensive plan.

(v)    The applicant shall certify that no person shall be denied or subjected to discrimination in receipt of the benefit of services and programs provided by the applicant because of sex, marital status, sexual orientation, race, creed, color, national origin, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

(vi)    The applicant must provide direct human services at the premises for which the applicant is seeking exemption.

(D)    The city manager shall review applications for exemptions under subsection (a)(8)(A) of this section pursuant to the above criteria and shall advise the applicant, in writing, of the granting or denial of the application. In addition, the city manager shall notify the city council when such applications are granted or denied.

(E)    The determination of the city manager shall be the final decision of the city with respect to the applicability of the community-based human services exemption set forth in this subsection.

(F)    Any claim for exemption must be made before payment of the impact fee. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the property guaranteeing that the human services use will continue. Before approval of the exemption, the department shall approve the form of lien and covenant. Within ten days of approval, the applicant shall execute and record the approved lien and covenant with the King County recorder’s office. The lien and covenant shall run with the land. In the event the property is no longer used for human services, the current owner shall pay the current impact fee plus interest to the date of the payment.

(G)    The amount of impact fees not collected from human services agencies pursuant to this exemption shall be paid from public funds other than the impact fee account.

(9)    Buildings or structures constructed as shelters that provide emergency housing for people experiencing homelessness and emergency shelters for victims of domestic violence as defined by state law.

(b)    Unless otherwise established in this section, the planning and building director shall be authorized to determine whether a particular development for a proposed building permit falls within an exemption of this chapter or in this code. Determinations of the planning and building director shall be subject to the appeals procedures set forth in Section 27.04.130. (Ord. 4641 § 1, 2018: Ord. 4502 § 6, 2015: Ord. 4491 § 3 (part), 2015; Ord. 4383 § 1, 2012: Ord. 4243 § 3, 2010; Ord. 4224 § 1, 2009: Ord. 4221 § 2, 2009: Ord. 4112 § 1, 2007: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.060 Credits.

(a)    An applicant may request a credit or credits for the value of dedicated land, improvements, or construction if the land and/or the facility constructed are included within the capital facilities plan or the director makes the finding that such land and/or facility would serve the goals and objectives of the capital facilities plan.

(b)    Each request for a credit or credits shall include a legal description of land donated, a detailed description of improvements or construction provided, and a legal description or other adequate description of the development to which the credit will be applied.

(c)    For each request for a credit or credits, the director shall determine the value of the dedicated land, improvements, or construction on a case-by-case basis. In the event that the applicant disagrees with the director’s valuation, the applicant may submit an appraisal for the director’s consideration, prepared by a state-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute, establishing the fair market value of the dedicated land, improvements, or construction. The applicant shall pay the cost of the appraisal.

(d)    After the director has determined the amount of the credit, the department shall include the determination with issuance of the building permit, a statement setting forth the dollar amount of the credit, the basis for the credit, where applicable, the description of the land donated to which the credit is applied and the date of the determination.

(e)    Any claim for credit must be made before payment of the impact fee and prior to issuance of the building permit. Any claim not so made shall be deemed waived.

(f)    No credit shall be given for project improvements or right-of-way dedications for direct access improvements to and/or within the subject development.

(g)    Determinations made by the director pursuant to this chapter shall be subject to the appeals procedures set forth in Section 27.04.130. (Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.070 Adjustments.

Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for past and future taxes paid or to be paid by the new development which are earmarked or proratable to the same new system improvements that will serve the new development. The schedule in Section 27.04.150 has been reasonably adjusted for taxes and other revenue sources that are anticipated to be available to fund system improvements. (Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.080 Establishment of impact fee account.

(a)    An impact fee account is established for the fees collected pursuant to this chapter and shall be entitled the transportation impact fee account. Impact fees shall be earmarked specifically and deposited in the special interest-bearing account. Funds withdrawn from this account shall be used in accordance with the provisions of Section 27.04.110. Interest earned on impact fees shall be retained in the account and expended for the purpose for which the impact fees were collected.

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

(c)    Impact fees shall be expended or encumbered within ten years of receipt, unless the council identifies in written findings an extraordinary and compelling reason or reasons for the city to hold the fees beyond the ten-year period. Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered. (Ord. 4322 § 1, 2011: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.090 Authorization for interlocal agreements.

The city manager is authorized to execute, on behalf of the city, an interlocal agreement with other state and local governments for the collection, expenditure, and reporting of impact fees. (Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.100 Refunds.

(a)    If the city fails to expend or encumber the impact fees within ten years of payment (or where extraordinary or compelling reasons exist, such other time periods as established pursuant to Section 27.04.080), the current owner of the property for which impact fees have been paid may receive a refund of the fee. 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.

(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.

(c)    Property 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.

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

(e)    Refunds of impact fees under this chapter shall include any interest earned on the impact fees by the city.

(f)    If the city terminates the impact fee program, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this chapter. The city shall publish notice of the 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 to the last known address of the claimants. All funds available for refund shall be retained for a period of one year after the second publication. 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.

(g)    The city shall refund the impact fee paid plus interest to the current owner of property for which the impact fee had been paid, if the development was never completed or occupied; provided, that if the city expended or encumbered the impact fee 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, the owner can petition the director for an offset. The petitioner shall provide receipts of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. The director shall determine whether to grant an offset, and the determinations of the director may be appealed pursuant to the procedures in Section 27.04.130. (Ord. 4502 § 7, 2015: Ord. 4322 § 2, 2011: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.110 Use of funds.

(a)    Impact fees may be spent for system improvements, including but not limited to transportation planning, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting, financing, administrative expenses, and construction of transportation facilities such as streets, roads, curbs, gutters, sidewalks, bike lanes, storm drainage, traffic signals, signs and street lights.

(b)    Impact fees shall be expended or encumbered on a first-in, first-out basis.

(c)    Impact fees may be used to recoup cost for system improvement previously incurred by the city to the extent that new growth and development will be served by the previously constructed system improvements.

(d)    In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that system improvements provided are consistent with the requirements of this chapter and are used to serve the new development. (Ord. 4502 § 8, 2015: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.120 Review of schedule and fee increases.

(a)    The schedule in Section 27.04.150 will be amended to reflect changes to the twenty-year transportation project list as part of adoption of amendments to the capital facilities plan in Chapter XIII of Title 17 of this code (the comprehensive plan). Amendments to the schedule for this purpose shall be adopted by the council.

(b)    The fees on the schedule in Section 27.04.150 shall be indexed to provide for an automatic fee increase each January 1st beginning in the year 2017. The June to June Seattle-Tacoma-Bremerton Area Consumer Price Index (CPI-W) will be used to determine the increase in fees for each year to reflect increased project costs, unless a more applicable industry standard construction cost index is established by the city manager. In the event that the fees on the schedule in Section 27.04.150 are increased during the preceding calendar year due to changes to the twenty-year transportation project list pursuant to subsection (a) of this section, the fees will not be indexed the following January. The finance and administration department shall compute the fee increase and the new schedule shall become effective immediately after the annual fee increase calculation.

(c)    A new rate study, which establishes the schedule in Section 27.04.150, shall be updated every three years, unless the city determines that circumstances do not warrant an update. (Ord. 4631 § 1, 2017: Ord. 4502 § 9, 2015: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.130 Appeals.

(a)    An appeal of an impact fee imposed on a building permit may only be filed by the applicant of the subject property. An appeal of an impact fee assessed pursuant to Section 27.04.135(b) may be filed by a property owner. An applicant may either file an appeal and pay the impact fee imposed by this chapter under protest, or appeal the impact fee before issuance of the building permit. No appeal may be filed after the impact fee has been paid and the building permit has been issued.

(b)    An appeal shall be filed with the hearing examiner on the following determinations of the director:

(1)    The applicability of the impact fees to a given building permit pursuant to Sections 27.04.030 and 27.04.050;

(2)    The decision on an independent fee calculation in Section 27.04.040;

(3)    The availability or value of a credit in Section 27.04.060; or

(4)    Any other determination which the director is authorized to make pursuant to this chapter.

(c)    An appeal, in the form of a letter of appeal, along with the required appeal fee, shall be filed with the department for all determinations by the director, prior to issuance of a building permit. The letter must contain the following:

(1)    A basis for and arguments supporting the appeal; and

(2)    Technical information and specific data supporting the appeal.

(d)    The fee for filing an appeal shall be two hundred fifty dollars.

(e)    Within twenty-eight calendar days of the filing of the appeal, the director shall mail to the hearing examiner the following:

(1)    The appeal and any supportive information submitted by the appellant;

(2)    The director’s determination along with the record of the impact fee determination and, if applicable, the independent fee calculation; and

(3)    A memorandum from the director analyzing the appeal.

(f)    The hearing examiner shall review the appeal from the applicant, the director’s memorandum, and the record of determination from the director. No oral testimony shall be given, although legal arguments may be made. The determination of the director shall be accorded substantial weight.

(g)    The hearing examiner is authorized to make findings of fact and conclusions of law regarding the decision. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the determination of the director, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the director by this chapter. The hearing examiner’s decision shall be final.

(h)    The hearing examiner shall distribute a written decision to the director within fifteen working days.

(i)    The department shall distribute a copy of the hearing examiner decision to the appellant within five working days of receiving the decision.

(j)    In the event the hearing examiner determines that there is a flaw in the impact fee program, that a specific exemption or credit should be awarded on a consistent basis, or that the principles of fairness require amendments to this chapter, the hearing examiner may advise the council as to any question or questions that the hearing examiner believes should be reviewed as part of the council’s review of the fee schedule in Section 27.04.150 as provided by Section 27.04.120. (Ord. 4502 § 10, 2015: Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.135 Responsibility for payment of fees.

(a)    The building permit applicant is responsible for payment of the fees authorized by this chapter in connection with a building permit application.

(b)    In the event that a building permit is erroneously issued without payment of the fees authorized by this chapter, the building official may issue a written notice to the property owner and occupant advising them of the obligation to pay the fees authorized by this chapter. Such notice shall include a statement of the basis under which the fees under this chapter are being assessed, the amount of fees owed, and a statement that the property owner or occupant may appeal the fee determination within twenty calendar days of the date the notice was issued. Any appeals of such a fee determination shall be processed in accordance with the procedures set forth in Section 27.04.130.

(c)    In the event a change in land use for which no building permit is required results in an obligation to pay impact fees, the director may issue a written notice to the property owner and occupant advising them of the obligation to pay the fees authorized by this chapter. Such notice shall include a statement of the basis under which the fees under this chapter are being assessed, the amount of fees owed, and a statement that the property owner or occupant may appeal the fee determination within twenty calendar days of the date the notice was issued. Any appeals of such a fee determination shall be processed in accordance with the procedures set forth in Section 27.04.130.

(d)    If a property owner or occupant fails to appeal the issuance of a fee notice under subsection (b) of this section, or if the property owner or occupant’s appeal is unsuccessful, the city is authorized to institute collection proceedings for the purpose of recovering the unpaid impact fees. (Ord. 4502 § 11, 2015: Ord. 4100 § 3 (part), 2007)

27.04.140 Existing authority unimpaired.

Nothing in this chapter shall preclude the city from requiring the applicant for a building permit, or a change in use if no building permit is required, 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 RCW 82.02.050(1)(c). (Ord. 4100 § 3 (part), 2007: Ord. 3685 § 1 (part), 1999)

27.04.150 Transportation impact fee schedule.

The impact fee schedule below is based on the city’s latest rate study. As authorized under Section 27.04.120(b), the schedule may automatically increase each January 1st based on the June to June Seattle-Tacoma-Bremerton Area Consumer Price Index. See the public works department’s fee schedule for the current impact fee.

Land Uses

Unit of Measure

ITE Land Use Code

Fee Per Unit

 

 

 

persons

Cost per Person Trip End >

Trip Length

 

 

$3,454.15

Residential

 

Detached Housing

dwelling

210

$5,009.00

Attached and Stacked Housing

dwelling

220, 221, 230, 233

$2,855.00

Senior Housing

dwelling

See Note 1

$1,427.00

Nursing Home

bed

620

$742.00

Congregate Care/Assisted Living

dwelling

253, 254

$573.00

Commercial – Services

Drive-In Bank

sq. ft./GFA

912

$28.53

Walk-In Bank

sq. ft./GFA

911

$17.53

Day Care Center

sq. ft./GFA

565

$22.29

Hotel

room

310

$3,434.00

All Suites Motel

room

311

$2,290.00

Service Station/Minimart

VFP

945

$12,167.00

Movie Theater

screens

445

$32,107.00

Health Club

sq. ft./GFA

492

$9.88

Racquet Club

sq. ft./GFA

491

$2.97

Marina

berth

420

$638.00

Commercial – Institutional

Elementary School/Jr. High School

student

520, 522

$289.00

High School

student

530

$282.00

University/College

student

550

$553.00

Church

sq. ft./GFA

560

$2.45

Hospital

sq. ft./GFA

610

$4.48

Commercial – Restaurant

Quality Restaurant

sq. ft./GFA

931

$17.17

High-Turnover Restaurant

sq. ft./GFA

932

$22.98

Fast Food Restaurant w/o Drive-Through

sq. ft./GFA

933

$31.49

Fast Food Restaurant w/ Drive-Through

sq. ft./GFA

934

$39.31

Industrial

Light Industry/High Technology

sq. ft./GFA

110

$5.80

Industrial Park

sq. ft./GFA

130

$5.08

Warehousing/Storage

sq. ft./GFA

150

$1.91

Commercial – Retail

Shopping Center

sq. ft./GLA

820

$4.94

Auto Parts Sales

sq. ft./GFA

843

$6.98

Auto Care Center

sq. ft./GLA

942

$4.46

Car Sales – New/Used

sq. ft./GFA

841

$11.61

Convenience Market

sq. ft./GFA

851

$40.20

Discount Club

sq. ft./GFA

857

$12.68

Freestanding Discount Store

sq. ft./GFA

815

$9.19

Hardware/Paint Store

sq. ft./GFA

816

$7.33

Home Improvement Superstore

sq. ft./GFA

862

$3.42

Nursery/Garden Center

sq. ft./GFA

817

$9.94

Pharmacy (with Drive-Through)

sq. ft./GFA

881

$10.34

Quick Lubrication Vehicle Shop

service bay

941

$4,249.00

Supermarket

sq. ft./GFA

850

$15.34

Tire Store

service bay

848

$5,217.00

Miscellaneous Retail

sq. ft./GLA

820

$4.94

Commercial – Office

General Office Building

sq. ft./GFA

710

$7.96

Medical Office/Clinic

sq. ft./GFA

720

$14.97

Notes:

VFP = Vehicle Fueling Positions (maximum number of vehicles that can be fueled simultaneously)

GLA = Gross Leasable Area

GFA = Gross Floor Area

For uses with unit of measure in square feet trip rate is given as trips per one thousand square feet.

Note 1. Senior housing rate is one-half of attached and stacked housing rate.

(Ord. 4631 § 2, 2017: Ord. 4502 § 12, 2015: Ord. 4243 § 4, 2010: Ord. 4221 § 3, 2009: Ord. 4100 § 4, 2007)