Chapter 16.45


16.45.010    Purpose.

16.45.020    Authority.

16.45.030    Definitions.

16.45.040    Applicability.

16.45.050    Exemptions.

16.45.060    Service area.

16.45.070    Impact fee account funds established.

16.45.080    Use of funds.

16.45.090    Impact fee assessment and collection.

16.45.100    Impact fee adjustments, independent calculations.

16.45.110    Impact fee credits.

16.45.120    Impact fee refunds.

16.45.130    Appeals and payments under protest.

16.45.140    Council review of impact fees.

16.45.150    Reserved.

16.45.160    Impact fee calculations.

16.45.170    Schedule of fees.

16.45.010 Purpose.

A. Assist in the implementation of the Comprehensive Plan for the City of Maple Valley.

B. Ensure that those public facilities necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below established minimum standards for the City.

C. Establish standards and procedures so that new development pays a proportionate share of costs for new public facilities and does not pay arbitrary or duplicative fees for the same impact. (Ord. O-09-405 § 1 (Att. A)).

16.45.020 Authority.

A. This chapter is enacted pursuant to the Washington State Growth Management Act codified at Chapter 36.70A RCW and at RCW 82.02.050 through 82.02.100.

B. The City has conducted studies documenting costs and demand for new facilities. These studies are included in the 2007 Parks, Recreation, Cultural and Human Services Plan and the January 2009 Parks Impact Fee Study and are hereby incorporated into this chapter by reference as if set forth in full. In addition, the Comprehensive Plan and all of the related documents are incorporated into this chapter by reference. (Ord. O-09-405 § 1 (Att. A)).

16.45.030 Definitions.

A. Dwelling Unit. See definition in MVMC 18.20.020(D)(18).

B. “Encumber” means to transfer funds from the general park impact fee fund to an account created to fund, in whole or in part, a particular system improvement. Once funds have been encumbered they cannot be used to fund any other system improvement.

C. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development project and that 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 approved by the City Council shall be considered a project improvement.

D. “System improvements” means park facilities that are included in the City’s six-year capital facilities plan and are designed to provide service to the community at large, in contrast to project improvements. Improvements required under MVMC 18.40.080 shall be project improvements unless they are also included as part of the City’s six-year capital facilities plan. (Ord. O-09-405 § 1 (Att. A)).

16.45.040 Applicability.

All persons receiving building permits for dwelling units within the City of Maple Valley after the effective date of the ordinance codified in this chapter shall be required to pay impact fees in the amount and manner set forth in this chapter. (Ord. O-09-405 § 1 (Att. A)).

16.45.050 Exemptions.

The following development activities are exempt from paying park impact fees because they do not have a measurable impact on the City’s park facilities, or because the City has chosen to exempt them pursuant to RCW 82.02.060(2):

A. Existing Dwelling Units. Any alteration, expansion, reconstruction, remodeling or replacement of existing dwelling units that does not result in the creation of additional dwelling units.

B. Facilities for Long-Term Care. Any housing facility or long-term care facility exclusively providing any or all of the following services, as defined in RCW 74.39A.009: assisted living services, enhanced adult residential care, or nursing home; provided, that this exemption ceases if the housing facility is later converted to permanent use as a single-family or multifamily residence not providing such services, in which case impact fees would be imposed at that point; and provided further, that where a housing facility provides a mixture of independent senior housing in combination with any of the above-mentioned services, the exemption shall be limited to that portion of the facility providing such services, and the impact fee shall be appropriately calculated on a per dwelling unit basis for that portion of the facility not providing such services.

C. Temporary Accommodation. Any dwelling unit licensed and operated as transient accommodations under Chapter 70.62 RCW and WAC 248-144-026(26), such as hotels, motels, and resorts; provided, that this exclusion ceases if the housing is later converted to permanent use as a single-family or multifamily residence not subject to such restrictions. (Ord. O-09-405 § 1 (Att. A)).

16.45.060 Service area.

The service area established in this section assures a proportional benefit of public facilities to development applicants and establishes a nexus between those paying for the fees and those benefiting from the capital facilities. Because the City’s size allows its park and recreation facilities to provide a reasonable benefit to its entire population regardless of their location within the City, the service area for the park impact fee shall be the entire City of Maple Valley, which is approximately 5.6 square miles. (Ord. O-09-405 § 1 (Att. A)).

16.45.070 Impact fee account funds established.

There is hereby created and established a park impact fee fund (the “park impact fee fund”) to receive park impact fees. All park impact fees and any investment income generated by such fees shall be deposited into the park impact fee fund. Procedures for administration of the funds shall be established by the Finance Director. These funds shall be expended in accordance with the City’s normal budget procedures subject to the limitations set forth in MVMC 16.45.080 and RCW 82.02.070. Annually, the City shall prepare a report on the impact fee account showing the source and amount of all monies collected, interest earned, and capital or system improvements that were financed in whole or in part by these impact fees. (Ord. O-09-405 § 1 (Att. A)).

16.45.080 Use of funds.

A. Park impact fees shall be used for development of parks, open space, passive recreation parks, linear trail parks, and recreation facilities to serve new growth and development in Maple Valley; provided, that such impact fees may only be spent on system improvements.

B. Impact fees may be spent on the following items to the extent that they relate to a particular system improvement: facility planning, land acquisition, site improvements, necessary off-site improvements, facility construction, facility engineering and design work, facility permitting fees, facility financing, grant matching funds, applicable mitigation costs, capital equipment pertaining to public facilities, and any other expenses which can be capitalized and are consistent with the capital facilities plan.

C. Impact fees may also be used to recoup park facility improvement costs previously incurred to the extent that new growth and development will be served by the previously acquired or constructed improvements or incurred costs, pursuant to RCW 82.02.060(7), as written or hereafter amended.

D. In the event that bonds or similar debt instruments are or have been issued for the construction of public facility or system improvements for which impact fees may be expended, 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 chapter and are used to serve new development. The capital facilities plan should distinguish between facilities and funds needed to serve new development and those facilities and funds needed to correct existing deficiencies. (Ord. O-09-405 § 1 (Att. A)).

16.45.090 Impact fee assessment and collection.

A. City staff shall determine the total impact fee owed at the time of building permit issuance based on the fee schedule as reflected in MVMC 16.45.170.

B. Impact fee collection shall occur at the time of building permit issuance. (Ord. O-09-405 § 1 (Att. A)).

16.45.100 Impact fee adjustments, independent calculations.

A fee payer may request an adjustment to the impact fees determined according to the fee schedule by preparing and submitting to the Community Development Department an independent fee calculation for the development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made.

A. If the Department agrees with the independent fee calculation, a written agreement to accept such amount shall be transmitted to the fee payer who shall, in turn, present it to the Building Official upon impact fee collection.

B. If the Department does not agree with the independent fee calculation, the fee payer may appeal this decision using the Process 2 appeal provisions set forth in MVMC 18.100.140 and 18.100.230. (Ord. O-09-405 § 1 (Att. A)).

16.45.110 Impact fee credits.

A. A developer shall be entitled to a credit against the park impact fee collected under the fee schedule adopted by this chapter in any of the following situations:

1. Whenever a project is granted approval subject to a condition that the developer actually provide a system improvement or portion thereof, unless the developer earned the right to build bonus dwelling units by providing the applicable system improvement, in which case no impact fee credit shall be given for the provision of the improvement or portion thereof that was used to earn bonus dwelling units; or

2. Whenever a developer has agreed, pursuant to the terms of a development agreement with the City, to provide a system improvement or portion thereof, unless the developer earned the right to build bonus dwelling units by providing the applicable system improvement, in which case no impact fee credit shall be given for the provision of the improvement or portion thereof that was used to earn bonus dwelling units; or

3. Whenever a developer has paid a park mitigation fee under SEPA which is allocated toward providing system improvements.

To the extent that a developer provides a system improvement that exceeds that required to earn the right to build bonus dwelling units under an amenity-incentive program, the portion of the system improvement that is not attributable to the amenity incentive program shall be eligible for analysis under this section to determine whether it qualifies for an impact fee credit.

B. If, in any of the cases in subsection (A) of this section, the land dedicated, facility constructed, or fee paid is allocated partly toward system improvements and partly toward project improvements, the credit shall be limited to that portion allocated to system improvements.

C. For the purposes of calculating the credit, the land value or costs of construction shall be determined as follows:

1. The amount of credit for land dedicated shall be the higher of either the value of the land established in the Parks, Recreation, Cultural and Human Services Plan, if such value is identified, or by an appraisal conducted by an independent professional appraiser chosen by the fee payer from a list of at least three such appraisers provided by the City. Either the fee payer or the City may request an appraisal, in which event the cost of the appraisal shall be borne by the requesting party. For the purposes of this section, the date of value shall be the date the land was dedicated to the City; however, an appraisal that establishes the value of the land must not be older than six months from the date of dedication to the City. If an appraisal that establishes the value of the land is older than six months, an updated appraisal must be obtained to establish the value of the land.

2. The amount of credit for facilities constructed shall be based upon the actual cost of construction at the time of construction. The cost of construction must be established by the fee payer, through providing copies of invoices for construction. All documents provided by the fee payer are subject to an independent audit by the City or agents of the City as a protection against fraud.

D. In cases where a developer would be entitled to a credit under this section, but the amount of the credit has yet to be determined on a per dwelling unit basis, the City shall take the total credit amount available to the entire plat or project, calculated by applying subsections (A) through (C) of this section, and divide that amount by the number of dwelling units planned for that plat or project. The impact fee and credit may then be calculated and collected on a per dwelling unit basis as building permits are issued. Where building permits for some, but not all, of the dwelling units within a plat or project have already been obtained at the time the ordinance codified in this chapter becomes effective, the credit for the unpermitted dwelling units will be calculated to arrive at a per dwelling unit amount in the same manner. For example, if a plat is planned for 20 dwelling units, and building permits have only been issued for 10 of those units, the per dwelling unit credit for the remaining 10 units will equal the total credit amount divided by 20.

E. Determinations made pursuant to this section may be appealed to the Examiner as a Process 2 decision according to MVMC 18.100.140 and 18.100.230.

F. A credit must be requested within 30 days of building permit issuance or it is deemed waived.

G. No refund will be allowed in the event that the impact fee credit exceeds the amount of the impact fee itself. No credit will be applied toward the park impact fee for the value of land dedicated, or a fee in lieu of dedication, pursuant to the requirements of MVMC 18.40.080, for the provisions of on-site recreation and open space. (Ord. O-09-405 § 1 (Att. A)).

16.45.120 Impact fee refunds.

A. The current owner of property on which impact fees have been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six years of their receipt by the City. 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 provide for the refund of fees according to the requirements of this section and RCW 82.02.080.

1. The City shall notify potential claimants of the refund availability by first-class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the King County tax records.

2. An owner’s request for a refund must be submitted to the City Finance Director in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later.

C. Any impact fees that are not expended or encumbered within six years of their receipt by the City, and for which no application for a refund has been made within this one-year period, shall be retained by the City and expended consistent with the provisions of this chapter.

D. Refunds of impact fees shall include any interest earned on the impact fees.

E. Should the City seek to terminate any or all impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which an impact fee was paid. 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 addressed to the owner of the property as shown in the King County tax records. 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 original purposes, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

F. A developer may request and shall receive a refund, including interest earned on the impact fees, when:

1. The developer does not proceed to finalize the development activity as required by statute or City code or the Uniform Building Code; and

2. The City has not expended or encumbered the impact fees prior to the application for a refund. In the event that the City has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, 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 shall be eligible for a credit against any then-existing park impact fee requirement. The owner must petition the City in writing and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The City shall determine whether to grant a credit and such determinations may be appealed by following the procedures set forth in this chapter.

G. The amount to be refunded shall include the interest earned by this portion of the account from the date that it was deposited into the impact fee fund. (Ord. O-09-405 § 1 (Att. A)).

16.45.130 Appeals and payments under protest.

A. An appeal of the initial decision of the City with regard to the imposition of an impact fee or the amount of any impact fees, impact fee credit, or impact fee refund may be taken before the Hearing Examiner as an appeal of a Process 2 determination pursuant to MVMC 18.100.140 and 18.100.230. The right to such an administrative appeal is triggered by the City’s issuance or denial of a building permit.

B. Any applicant may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. (Ord. O-09-405 § 1 (Att. A)).

16.45.140 Council review of impact fees.

The impact fee schedule adopted by this chapter shall be reviewed by the City Council in conjunction with the annual update of the capital facilities plan element of the City’s Comprehensive Plan. (Ord. O-09-405 § 1 (Att. A)).

16.45.150 Reserved.

(Ord. O-09-405 § 1 (Att. A)).

16.45.160 Impact fee calculations.

A. The park impact fee schedule shown in this chapter has been calculated using the formula developed in the January 2009 Park Impact Fee Study by FCS Group which is summarized below:

Improvements Based Approach

After adjusting the total cost basis ($4,054,172) for the growth’s applicable share of other funding sources ($385,451), the net cost basis ($3,668,721) is calculated. To arrive at the improvements-based impact fee, the net cost basis was divided by projected population growth (3,943) to arrive at the per capita parks impact fee ($930).

Similar to the standards-based approach, estimated average number of occupants per dwelling unit are used to convert the calculated per capita impact fee into alternative maximum fees specific to single-family, multi-family, and mobile home residential dwelling units. The estimated average number of occupants per dwelling unit is obtained from the State of Washington Office of Financial Management.

B. The fee schedule in MVMC 16.45.170 is based on this formula and is the City’s determination of the appropriate share of system improvement costs to be paid by new growth and development.

C. The park impact fee is separate and distinct from the requirement to dedicate land for on-site recreation required by MVMC 18.40.080. (Ord. O-09-405 § 1 (Att. A)).

16.45.170 Schedule of fees.

A uniform park impact fee shall be assessed against all residential development subject to this chapter in the amount of $2,754 per dwelling unit. (Ord. O-09-405 § 1 (Att. A)).