Chapter 3.107
PARK IMPACT FEES

Sections:

3.107.010    Title.

3.107.020    Purpose and intent.

3.107.030    Findings and authority.

3.107.040    Definitions.

3.107.050    Park impact fees methodology and applicability.

3.107.060    Assessment of park impact fees.

3.107.070    Independent fee calculations.

3.107.080    Exemptions.

3.107.090    Credits.

3.107.100    Adjustments.

3.107.110    Single-family residential deferral program.

3.107.120    Establishment of park impact fee account.

3.107.130    Administrative guidelines.

3.107.140    Refunds.

3.107.150    Use of funds.

3.107.160    Periodic adjustment of fees.

3.107.170    Administrative fees.

3.107.180    Reviews by the director and appeals.

3.107.190    Existing authority unimpaired.

3.107.200    Relationship to State Environmental Policy Act (SEPA).

3.107.210    Relationship to concurrency management.

3.107.220    Phasing of fees.

3.107.010 Title.

This chapter shall be known as the city of Lynnwood park impact fee (PIF) ordinance. (Ord. 3288 § 3, 2018)

3.107.020 Purpose and intent.

The purpose and intent of this chapter is to provide for the collection of PIFs for parks, open space, and recreation facilities, and for certain other matters in connection therewith. (Ord. 3288 § 3, 2018)

3.107.030 Findings and authority.

The city council of the city of Lynnwood hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the city, will create additional demand and need for parks and recreation facilities in the city, and the council finds that such development activity should pay a proportionate share of the cost of new parks and recreation facilities needed to serve the development activity. The city of Lynnwood has conducted extensive research and analysis documenting the procedures for measuring the impact of new development activity on public facilities, and has prepared and relied upon an appropriate rate study relating to the establishment of PIFs. The rate study utilizes a methodology for calculating PIFs that fulfills all the requirements of RCW 82.02.060(1). A copy of the rate study relied upon by the city shall be kept on file with the city of Lynnwood parks, recreation and cultural arts (PRCA) department and is available to the public for review. Pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess PIFs for parks, open space, and recreation facilities. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the PIF program. (Ord. 3288 § 3, 2018)

3.107.040 Definitions.

The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.

A. “Applicant” means a person who applies for a building permit under the LMC and who is the owner of the subject property or the authorized agent of the property owner.

B. “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.

C. “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.

D. “City” means the city of Lynnwood.

E. “Council” means the city council of the city.

F. “Department” means the city’s department of parks, recreation and cultural arts.

G. “Development activity” means any construction, alteration, expansion, or replacement of a building, structure, or use, any change in use of a building or structure, that creates additional demand for public facilities. Development activity does not include buildings or structures constructed by a regional transit authority.

H. “Development approval” means any written authorization from the city which authorizes the commencement of a development activity.

I. “Director” means the director of the department of parks, recreation and cultural arts of the city of Lynnwood or her/his designee.

J. “Dwelling unit” shall have the same meaning as set forth by Chapter 21.02 LMC.

K. “Encumber/encumbered” means to reserve, set aside, or otherwise earmark the PIFs in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.

L. “Fee schedule” means the list of PIF rates per land use category and adopted by the council and as set forth by Chapter 3.104 LMC.

M. “Hearing examiner” means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 2.22 LMC.

N. “Independent fee calculation” means the parks, open space, and recreation facility impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of a PIF other than by the use of the rates listed in the fee schedule, or the calculations prepared by the director where none of the fee categories or fee amounts in the fee schedule accurately describe or capture the impacts of the development activity on public facilities.

O. “LMC” means the city of Lynnwood Municipal Code.

P. “Park impact fee (PIF)” means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of granting development approval. “Park impact fee” does not include a building permit fee, administrative fee for collecting and handling PIFs, appeal fee, or independent fee calculation review fee.

Q. “Park impact fee account(s)” means the account(s) established for the PIFs that are collected. The account(s) shall be established pursuant to LMC 3.107.120, and shall comply with the requirements of RCW 82.02.070.

R. “Park, open space or recreation facility” means public land and improvements designated by the city as parks and/or recreation facilities, and open space including land preserving natural areas and natural systems with no development or minimal development. For purposes of the rate study, public open space, parks and recreation facilities are collectively referred to as parks.

S. “Project improvements” mean site improvements and facilities that are planned and designed to provide service for a particular development activity and 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.

T. “Public facilities,” for purposes of this chapter, means the following capital facilities owned or operated by the city or other governmental entities: public parks, open space, and/or recreation facilities.

U. “Rate study” means the study or studies relied upon by the city in establishing the PIF fee schedule, and attached as Exhibit A to the ordinance codified in this chapter.

V. “RCW” means the Revised Code of Washington or, when followed or preceded by a numerical designation, a provision of the Revised Code of Washington.

W. “Square footage” means the square footage of the gross floor area of the development as defined in the LMC.

X. “System improvements” means public facilities that are included in the city of Lynnwood capital facilities plan six-year list, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements. (Ord. 3288 § 3, 2018)

3.107.050 Park impact fees methodology and applicability.

The PIF rates are generated pursuant to a formula for calculating PIFs set forth in the rate study. Except as otherwise provided for independent fee calculations in LMC 3.107.070, exemptions in LMC 3.107.080, credits in LMC 3.107.090, and phasing in LMC 3.107.220, all new development activity in the city will be charged the PIF applicable to the type of development per the fee schedule adopted by the council and set forth in Chapter 3.104 LMC. (Ord. 3288 § 3, 2018)

3.107.060 Assessment of park impact fees.

A. The city shall assess and collect PIFs based on the land use categories in the fee schedule, from any applicant seeking to conduct any development activity that requires the issuance of a building permit, including but not limited to the construction of a new building, or the alteration, expansion, replacement or change in use of an existing building or structure, which creates a demand for additional system improvements; provided, that PIFs shall not be assessed or collected for the alteration, expansion, replacement or change of use of an existing residential building or structure, unless the change results in an increase in the residential density of the existing residential building or structure, or for the alteration, expansion, replacement or change of use of an existing nonresidential building or structure unless the change results in an increase in the square footage of the nonresidential building or structure; and further provided, that the city shall not assess PIFs for any development that is exempt under LMC 3.107.080. The parks, recreation and cultural arts department is authorized to determine the appropriate land use category found in the fee schedule that applies to the application.

B. All PIFs shall be due and payable prior to issuance of the building permit based on the land use categories in the adopted fee schedule unless deferred in accordance with LMC 3.107.110 as adopted.

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 PIF shall be calculated based on the fee schedule in effect at the time a complete building permit application is filed.

C. The parks, recreation and cultural arts department shall establish the PIF rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the city for purposes of determining the PIF rate pursuant to LMC 3.107.070.

D. For a change in square footage of an existing commercial, office, industrial or other nonresidential building or structure, or portion thereof, that meets the requirements of subsection (A) of this section, the PIF shall be the applicable PIF for the land use category of the incremental increase, less the PIF for the square footage of the existing building or structure. For a change in residential density of an existing residential building or structure, or portion thereof, that meets the requirements of subsection (A) of this section, the PIF shall be the applicable PIF for the land use category of the incremental increase, less the PIF for the residential density of the existing building or structure. The net PIF shall be calculated by the following equation:

Net PIF = X – Y, where

X = (new gross floor area and/or dwelling units)*(fee per unit for the land use category), and

Y = (prior gross floor area and/or dwelling units)*(fee per unit for the land use category).

If the net PIF is a negative number, the applicant will not be required to pay PIFs for the development activity. The applicant will not be compensated by the city for a negative PIF.

E. For mixed use developments, PIFs shall be imposed for the proportionate share of each land use based on the applicable measurement in the PIF rates set forth in the fee schedule.

F. The city shall not issue the required building permit until the PIFs set forth in the fee schedule have been paid as set forth in the fee schedule less any credits allowable under this chapter.

G. For purposes of the assessment of PIFs, the entire city shall comprise a single service area (the park impact fee zone), and the city shall assess the same PIFs within this service area. (Ord. 3288 § 3, 2018)

3.107.070 Independent fee calculations.

A. If, in the judgment of the director, none of the PIF categories or PIF amounts set forth in the fee schedule accurately describes the impacts resulting from issuance of the proposed development activity, the applicant shall provide to the director for review and evaluation an independent fee calculation, prepared by an expert approved by the director. The director may impose on the proposed development activity an alternative PIF based on this calculation.

B. The applicant may opt not to have the PIFs determined according to the fee structure listed in the fee schedule, in which case the applicant 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 be prepared by an expert in the impact of development on parks and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the rate study. An independent fee calculation shall use the same methodology used to establish PIFs set forth in the fee schedule, shall be limited to adjustments in persons per household used in the rate study, and shall not include park service area zones, costs of park projects, or cost allocation procedures.

C. An applicant requesting an independent fee calculation will be required to pay the city an administrative processing fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting an independent fee calculation review shall be as set forth by Chapter 3.104 LMC. However, if the director initiates the independent fee calculation as set forth by subsection (A) of this section, the applicant shall not be required to pay to the city an administrative processing fee.

D. There is a rebuttable presumption that the calculations set forth in the rate study and the fees set forth in the fee schedule are valid. The director shall consider the documentation submitted by the applicant, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or not reliable. The director may require the applicant to submit additional or different documentation for consideration. The director is authorized to adjust the PIFs on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development and/or principles of fairness.

E. Determinations made by the director pursuant to this section may be appealed as set forth in LMC 3.107.180. (Ord. 3288 § 3, 2018)

3.107.080 Exemptions.

A. The following development activity shall be exempt from the payment of PIFs:

1. Alteration or replacement of an existing residential structure that does not add any new dwelling units.

2. Any legal accessory dwelling unit approved under LMC Title 21 (Zoning Code) as it is considered part of the single-family use associated with this fee.

3. Miscellaneous improvements which do not result in increased impacts on public facilities including, but not limited to, fences, walls, residential swimming pools, and signs.

4. Demolition or moving of a structure when additional impacts on public facilities are not generated.

5. A change of use that does not result in increased impacts on public facilities.

6. Miscellaneous permits for activities which do not result in increased impacts on public facilities.

7. Applications for rezones, comprehensive plan amendments, conditional use permits, subdivisions, boundary line adjustment and lot line eliminations; provided, that PIF’s shall be paid in accordance with this chapter prior to issuance of building permits for the development that is the subject of the application.

8. Buildings or structures constructed by a regional transit authority pursuant to RCW 82.02.090.

9. Any development or redevelopment of public schools for the purpose of public instruction.

10. Any building permit application that has been submitted to the city before 5:00 p.m. the business day before the effective date of this chapter that has been deemed complete based on the information on file as of the effective date of this chapter.

B. Pursuant to RCW 82.02.060, the city may provide exemptions for development activities with broad public purposes; provided, that the impact fees from such development activity shall be paid from public funds other than impact fee accounts. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in LMC 3.107.180. (Ord. 3288 § 3, 2018)

3.107.090 Credits.

A. An applicant may request that a credit or credits for PIFs be awarded for the total value of system improvements, including dedications of land, improvements and/or construction provided by the applicant. Credits will be given only if the land, improvements, and/or the facility constructed are for one or more of the system improvements listed in the rate study as the basis for calculating the PIF.

B. The director shall determine if a request for credits meets the criteria in subsection (A) of this section, or under other applicable law.

C. Each request for a credit or credits shall include a legal description of the dedicated land, a detailed description of improvements or construction provided, and an adequate description of the development activity to which the credit will be applied.

D. 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 appraiser holding an MAI (Member of the American Institute of Appraisers) designation and/or a construction estimate prepared by a licensed engineer in good standing pursuant to Chapter 18.43 RCW, in the category for the property to be valued, and who does not have a fiduciary or personal interest in the property being appraised or valued.

E. The appraiser and/or licensed engineer shall be directed to determine the fair market value of the total value of the dedicated land, improvements, and/or construction provided by the applicant. The applicant shall pay for the actual costs for the appraisal or valuation.

F. After receiving and reviewing the appraisal or valuation, the director will determine the dollar amount of any credit, the basis for the credit, the legal description of the real property dedicated where applicable, and the adequate description of the system improvement to which the credit may be applied with issuance of the building permit. If the total value of any such dedication, improvement or construction cost exceeds the amount of the PIF obligation, the developer will not be entitled to reimbursement of the difference.

G. No credit shall be given for project improvements or land dedications above and beyond what is proposed in the city of Lynnwood six-year capital facilities plan.

H. Any claim for credit must be made before payment of the PIF and prior to the issuance of the building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.

I. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in LMC 3.107.180. (Ord. 3288 § 3, 2018)

3.107.100 Adjustments.

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 or pro-ratable to the same new public facilities which will serve the new development activity. The PIF rates in the fee schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. (Ord. 3288 § 3, 2018)

3.107.110 Single-family residential deferral program.

An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full PIF payment until final inspection or 18 months from the date of original building permit issuance, whichever occurs first. Deferrals of PIFs are considered under the following conditions:

A. An applicant for deferral must request the deferral no later than the time of application for a building permit. Any request not so made shall be deemed waived.

B. For the purposes of this deferral program, “single-family residence” means a permit for a single-family attached or detached residence as defined as a “one-family dwelling” in LMC 21.02.295.

C. To receive a deferral, an applicant must:

1. Submit a deferred PIF application for each single-family attached or detached residence for which the applicant wishes to defer payment of the PIFs;

2. Pay the applicable administrative fee prior to the issuance of the building permit;

3. Grant and record at the applicant’s expense a deferred PIF lien in a form approved by the city against the property in favor of the city in the amount of the deferred PIF that:

a. Includes the legal description, tax account number, and address of the property;

b. Requires payment of the PIFs to the city prior to final inspection or 18 months from the date of original building permit issuance, whichever occurs first;

c. Is signed by all owners of the property, with all signatures acknowledged as required for a deed and recorded in Snohomish County;

d. Binds all successors in title after the recordation; and

e. is junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of PIFs.

D. The amount of PIFs deferred shall be determined by the fees in effect at the time a complete building permit application is filed.

E. The applicant may pay the deferred amount early or in installments, with no penalty for early payment.

F. The city shall withhold final inspection until the PIFs have been paid in full. Upon receipt of final payment of PIFs deferred under this subsection, the city shall execute a release of deferred PIF lien for each single-family attached or detached residence for which the PIFs have been received. The city shall be responsible for recording the lien release.

G. The extinguishment of a deferred PIF lien by the foreclosure of a lien having priority does not affect the obligation to pay the PIFs as a condition of final inspection.

H. If PIFs are not paid in accordance with the deferral and in accordance with the term provisions established herein, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW.

I. The city shall collect an administrative fee from the applicant seeking to defer the payment of PIFs under this section in the amount stated in LMC 3.104.030. (Ord. 3288 § 3, 2018)

3.107.120 Establishment of park impact fee account.

A. PIF receipts shall be earmarked specifically and deposited in a special interest-bearing account.

B. The city shall establish a separate PIF account for the fees collected pursuant to this chapter which shall be designated as the park impact fee account. Funds withdrawn from the account 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 and expended for the purposes for which the PIFs were collected.

C. On an annual basis, the finance director shall provide a report to the council on the PIF 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 PIFs.

D. PIFs shall be expended or encumbered within 10 years of receipt.

E. In order to comply with RCW 82.02.060(2), PIFs for development activity as specified under exemptions LMC 3.107.080(A)(9) and (B) shall be paid for with public funds other than from PIF accounts. (Ord. 3288 § 3, 2018)

3.107.130 Administrative guidelines.

The director is hereby authorized to adopt internal guidelines for the administration of PIFs, which may include the adoption of a procedures guide for PIFs. (Ord. 3288 § 3, 2018)

3.107.140 Refunds.

A. If the city fails to expend or encumber the PIFs within 10 years of when the fees were paid, the current owner of the property on which PIFs have been paid may receive a refund of such fees. In determining whether PIFs have been expended or encumbered, PIFs 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 of the availability of a refund. A potential claimant or claimants must be the owner of record of the real property against which the PIF was assessed.

C. Property owners seeking a refund of PIFs 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 PIFs for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate system improvements.

E. Refunds of PIFs or offsets against subsequent PIFs under this section shall include any interest earned on the PIFs by the city.

F. When the city seeks to terminate any or all components of the PIF 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 within the city 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 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 or accounts being terminated.

G. The city shall also refund to the current owner of property for which PIFs have been paid all PIFs paid, including interest earned on the PIFs, if the development activity for which the PIFs were imposed did not occur; provided, however, that, if the city has expended or encumbered the PIFs in good faith prior to the application for a refund, the director can 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 PIFs previously paid for a development activity of the same or substantially similar nature on the same real 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 procedure in LMC 3.107.180. (Ord. 3288 § 3, 2018)

3.107.150 Use of funds.

A. Pursuant to this chapter, park impact fees:

1. Shall be used for system improvements that will reasonably benefit the new development activity;

2. Shall not be imposed to make up for deficiencies in public facilities serving existing development; and

3. Shall not be used for maintenance or operation.

B. PIFs may be spent for public improvements to parks, open space and recreation facilities as herein defined and, including, but not limited to, park planning, engineering design studies, land survey, right-of-way acquisition, site improvements, necessary off-site improvements, engineering, architectural, permitting, financing, administrative expenses, construction of parks, open space and recreation facilities and related facilities other expenses which can be capitalized.

C. PIFs may also be used to recoup system improvement costs previously incurred by the city to the extent that new development activity will be served by the previously constructed system improvements or incurred costs provided such fee shall not be imposed to make up for any deficiencies in public facilities.

D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which PIFs may be expended, PIFs may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development activity. (Ord. 3288 § 3, 2018)

3.107.160 Periodic adjustment of fees.

A. The PIFs in the fee schedule shall be indexed to provide for an automatic fee adjustment according to the following schedule every two years beginning January 1, 2022, to reflect changes in project costs due to industry trends. The Engineering News Record Construction Cost Index (CCI) will be used to determine the adjustment in fees. The adjustment will be based on a two-year simple moving average, the mean of the previous two years CCI, of the two most recent calendar years CCI data that is available.

B. The rate study supporting the PIFs in the fee schedule shall be updated periodically, unless the city determines that circumstances have not changed to warrant an update. (Ord. 3288 § 3, 2018)

3.107.170 Administrative fees.

A. There shall be a fee for the administration of the PIF program. The administrative fee shall be as set forth by Chapter 3.104 LMC. The administrative fee shall be deposited into an administrative fee account within the PIF funds. Administrative fees shall be used to defray the cost incurred by the city in the administration and update of the PIF program. The administrative fee is not creditable or refundable.

B. The administrative fee, in addition to the PIF, shall be paid by the applicant to the city at the same time as the PIF is paid. (Ord. 3288 § 3, 2018)

3.107.180 Reviews by the director and appeals.

A. In order to obtain a building permit, any applicant may pay the PIFs imposed by this chapter under protest and file for a review by the director, followed by the option to appeal to the hearing examiner. No building permit shall be issued until the PIFs at issue have been paid.

Alternatively, any applicant may file for a review by the director, followed by the option to appeal to the hearing examiner, without first paying the PIFs, providing the applicant is willing to postpone issuance of the building permit until after the appeal process when the final amount of the PIFs are known.

B. Reviews by the director and appeals regarding the PIF imposed on any development activity may only be filed by the applicant for the development activity at issue.

C. Before an appeal can be filed, the applicant must first file a request for review by the director specifying the grounds thereof, as provided herein:

1. The request shall be in writing on the form provided by the city;

2. The request for review by the director shall be filed within 14 calendar days after the applicant’s payment of the PIF at issue. The failure to timely file such a request shall constitute a final bar to later seek such review;

3. No administrative fee will be imposed for the request for review by the director; and

4. The director shall issue his/her determination in writing.

D. Following the determination issued by the director, the applicant may elect to appeal the director’s decision to the hearing examiner. Any determinations which the director is authorized to make pursuant to this chapter may be appealed to the hearing examiner.

E. Appeals to the hearing examiner must be filed within 14 calendar days of the director’s issuance of a written determination by filing a letter of appeal with the parks, recreation and cultural arts department specifying the grounds thereof, and depositing the necessary appeal fee as set forth by Chapter 3.104 LMC. The failure to timely file an appeal shall constitute a final bar to later seek such review. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.

F. The city shall fix a time for the hearing of the appeal and give notice to the parties in interest. In those cases where the proposed development activity may require a public hearing under the authority of other chapters of the LMC, the hearings may be combined. At the hearing, any party may appear in person or by agent or attorney.

G. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to an applicant’s development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The hearing examiner’s decision shall be final unless appealed to the superior court of Snohomish County in accordance with law within 21 days after issuance of the hearing examiner’s decision.

H. 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 may modify the determinations of the director with respect to the amount of the PIFs imposed or the credit awarded. (Ord. 3288 § 3, 2018)

3.107.190 Existing authority unimpaired.

Nothing in this chapter shall preclude the city from requiring the applicant or the proponent of a development activity to mitigate significant probable adverse environmental impacts of a specific development activity 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; so long as the exercise of such authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. (Ord. 3288 § 3, 2018)

3.107.200 Relationship to State Environmental Policy Act (SEPA).

A. Development activity shall be subject to the environmental review pursuant to SEPA and other applicable city ordinances and regulations.

B. Mitigation in addition to the payment of PIF shall be required for identified adverse impacts appropriate for mitigation pursuant to SEPA that are not mitigated by a PIF program.

C. Applicants for projects for new construction or for expansion of a building or structure which have completed SEPA review and received an environmental determination prior to the effective date of the ordinance codified in this chapter but for which the building permit has not been issued shall have the option of either:

1. Implementing the applicable park system improvement mitigation requirements, if any, of the SEPA determination; or

2. Paying the PIF under this chapter.

This subsection (C) shall not apply to an application for a subsequent change of use of the building or portions thereof. (Ord. 3288 § 3, 2018)

3.107.210 Relationship to concurrency management.

Neither compliance with this chapter or the payment of any fee hereunder shall constitute a determination of park concurrency under this chapter. (Ord. 3288 § 3, 2018)

3.107.220 Phasing of fees.

In consideration of the current development environment and in an effort to incentivize development activity, the PIFs identified in the rate study shall be phased in over a period of as follows:

A. From the effective date of the ordinance codified in this chapter through December 31, 2019, the applicant shall be required to pay 80 percent of the fee amount identified in the rate study, as stated in LMC 3.104.030; and

B. Beginning January 1, 2020, an applicant shall be required to pay 100 percent of the fee amount identified in the rate study, as stated in LMC 3.104.030. (Ord. 3288 § 3, 2018)