Chapter 3.105
PARK IMPACT MITIGATION
Sections:
3.105.010 Purpose and objective.
3.105.020 Definition of development.
3.105.030 Mitigation of park and recreation impacts required.
3.105.040 Activities requiring mitigation.
3.105.050 Calculation of impact and mitigation requirement.
3.105.070 Use of impact mitigation funds.
3.105.080 Optional facility improvement.
3.105.090 Optional land dedication or conveyance.
3.105.100 Credit to developer for land dedication or conveyance in excess of required mitigation.
3.105.110 Timing of impact mitigation determination.
3.105.120 Time of performance.
3.105.125 Option for deferred payment of park impact fees.
3.105.140 Validity of preexisting agreements.
3.105.150 Use and disposition of dedicated land.
3.105.005 Applicability.
The regulations contained in this chapter shall apply to all development within city. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.010 Purpose and objective.
A. The regulations contained in this chapter are necessary for the protection and preservation of the public health, safety, and general welfare of the citizens of the city. The demand for park and recreation services generated by rapid residential growth is not being met. Park and recreation facilities need to be developed to serve the needs of the city’s growing population and to complement regional and special purpose parks being developed pursuant to the comprehensive park plan.
B. The purpose of this chapter is to maintain current levels of park and recreation service in the city by requiring that residential subdivisions and developments, as defined in this chapter, provide for at least part of their own park and recreation needs. This chapter is also intended to promote consistency in the implementation of the comprehensive park plan through review of development permits.
C. As a condition of city approval of all development, the city will require mitigation of adverse impacts on park and recreation facility service levels identified during the review of building permits, project permits pursuant to the Growth Management Act (Chapter 36.70A RCW), Regulatory Reform (Chapter 36.70B RCW), and Imposition of Impact Fees (Chapter 82.02 RCW). The park mitigation requirements of this chapter are designed to mitigate impacts reasonably related to a proposed development and allow for payment of a dollar amount, which must be used to acquire land or develop park and recreation facilities, dedication of land, and/or provisions of park and recreation facilities identified in the capital facilities element and park plan of the Mukilteo comprehensive plan. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 1008 § 1, 1999: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.015 Authority.
This chapter is adopted as a basis for the exercise of substantive authority by the city under the Growth Management Act, Chapter 36.70A RCW, and Chapter 82.02 RCW as a means of mitigating impacts on park and recreation facilities as an element of the environment. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.020 Definition of development.
“Development,” for the purposes of this chapter, means all single-family structures which require a building permit and which have not already paid a park impact fee or which were constructed before December 31, 1999; condominium and multifamily residential units, including multifamily rezones which require binding site plans, planned residential development, and all multifamily structures which require building permits; but excluding remodel or renovation permits which do not result in additional dwelling units. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 1008 § 2, 1999: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.030 Mitigation of park and recreation impacts required.
Whenever the city has approval authority over subdivisions or development, as defined in this chapter, approval will be contingent on the developer’s providing mitigation for the subdivision or development’s adverse impacts on existing park and recreation service levels through payment of a dollar amount calculated pursuant to Sections 3.105.040 and/or 3.105.050; purchase, installation, and/or improvement of park and recreation facilities pursuant to Section 3.105.080; or dedication of land pursuant to Section 3.105.090. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.040 Activities requiring mitigation.
Park and recreation impact mitigation requirements will be calculated on the basis of a subdivision’s, short subdivision’s, or development’s impacts on the city’s park and recreation activities identified in the comprehensive park plan. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.050 Calculation of impact and mitigation requirement.
The formula used to develop mitigation assessments for public park and recreation facilities is attached as Attachment A, set out at the end of this chapter. This formula shall be reviewed and revised periodically to reflect changes in development and acquisition baseline costs. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.070 Use of impact mitigation funds.
All impact mitigation funds collected pursuant to this chapter and listed in Section 3.105.050 shall be used to mitigate subdivision or development impacts within the city through purchase of land, development of land and/or improvement of facilities in accordance with the capital facilities element, and park plan of the Mukilteo comprehensive plan. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.080 Optional facility improvement.
A. The planning director may recommend to the city council that some or all of a developer’s mitigation obligation may be satisfied by the purchase, installation and/or improvement of park and recreation facilities located on land owned by the city if:
1. The city is responsible for permanent, continuing maintenance and operation of the facilities;
2. The city council determines, based on a recommendation from the planning director, that the facilities correspond to the type(s) of park and recreation facilities being impacted by the subdivision or development as determined pursuant to this title; and
3. The city council determines, based on a recommendation from the planning director, an analysis of supply and demand data, the comprehensive park plan and any applicable city park and recreation plan, that the proposed park and recreation facility improvements better meet the community’s need for park and recreation facilities than would a payment of funds to mitigate the park and recreation impacts of the project.
B. The planning director may recommend to the city council that some of a developer’s mitigation obligation may be satisfied by the purchase, installation and/or improvement of park and recreation facilities located on private property on or within six hundred feet of the proposed subdivision or development if:
1. The city council determines, based on a recommendation from the planning director, that the facilities correspond to the type(s) of park and recreation facilities being impacted by the subdivision or development as determined pursuant to this title;
2. The city council determines, based on a recommendation from the planning director, an analysis of supply and demand data, the comprehensive park plan and any applicable city park and recreation plan, that the proposed park and recreation facility improvements better meet the community’s need for park and recreation facilities than would a payment of funds to mitigate the park and recreation impacts of the project;
3. The facilities are continuously and permanently open to all residents of lots or dwelling units of the subdivision or development and their guests;
4. The facilities each meet minimum facility standards as determined by the director. For facilities which are substandard, the planning director shall determine the pro rata portion of the developer’s mitigation obligation met by the substandard facility; and
5. There is recorded with the county auditor a document which:
a. Binds the owner(s), their successors and assigns to maintain the facilities at or above the minimum facility standard(s);
b. Provides for scheduled city inspections of the facility(ies); and
c. Provides that if as a result of the city inspection the director determines that the facility(ies) is not being maintained to minimum facility standards the city may assume responsibility for maintaining the facility(ies) and charge the costs thereof to all the lots or units within the subdivision or development.
C. The amount of a developer’s mitigation obligation met through park and recreation facility purchase, installation and/or improvement on private land shall be determined as follows:
1. The developer shall prepare documents clearly defining the characteristics of each facility proposed to meet mitigation requirements;
2. The developer shall request city preparation of a forecast of facility by facility mitigation requirements within the community;
3. The planning director shall determine to what extent each proposed facility meets each facility requirement;
4. The planning director shall total the facility requirement costs determined eligible to meet facility mitigation requirements and deduct that sum from the total mitigation obligation for the subdivision or development;
5. The developer shall be responsible for all costs incurred by the city in preparing data and analysis to determine whether park and recreation facilities provided on private land are eligible to satisfy a developer’s mitigation obligation.
D. The credit against the mitigation obligation shall be equal to the fair market value of the facility purchase, installation and/or improvement except provided by subsection C of this section.
E. A developer of a planned residential development may receive credit only for park and recreation facilities provided in addition to those normally required for such developments pursuant to Chapter 17.51, Planned Residential Development, unless the developer establishes that failure to provide such a credit will result in the developer paying a disproportionate share of the costs of park improvements as prohibited by RCW 82.02.050(3)(b).
F. When the planning director has agreed to a developer’s proposal to satisfy some or all of his/her mitigation obligation through the purchase, installation, and/or improvement of park and recreation facilities, the developer shall prepare and submit a facility improvement plan to the director for approval prior to recordation of a plat or short plat for subdivisions, and prior to issuance of a building permit for all other developments. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.090 Optional land dedication or conveyance.
Some or all of a developer’s mitigation obligation may be satisfied by dedication or conveyance of land to the city for park and recreation facilities if the city council determines, based on a recommendation from the planning director, an analysis of supply/demand data, the comprehensive park plan, and any applicable city park and recreation plan, that the proposed land dedication or conveyance better meets the community’s need for park and recreation facilities than would a payment of funds to mitigate the park and recreation impacts of the subdivision or development. The director shall also consider the extent to which the proposed dedication or conveyance meets the following criteria:
A. The land and its development should result in an integral element of the comprehensive park plan;
B. The land should be suitable for future active park and recreation facilities;
C. The land should be of a size and horizontal and vertical configuration necessary for the design of recreation facilities such as play fields;
D. The land should have public access via a public street or an easement of an equivalent width and accessibility;
E. The land should be located in or near areas designated by city park, trail or land use plans for recreation purposes;
F. The land should provide linkage between city and/or other publicly owned recreation properties;
G. The land should be surveyed or adequately marked with survey monuments, or otherwise readily distinguishable from adjacent privately owned property;
H. The land must have no known physical problems associated with it, such as problems with drainage, erosion or flooding, or the presence of hazardous waste, which the director determines would cause inordinate demands on public resources for maintenance and operation;
I. The land should have no known on-site safety hazards. Substandard vehicular and pedestrian facilities shall be considered but shall not alone be used to disqualify a proposed site dedication;
J. The developer must be willing to provide and fund, for an interim period of not more than three years unless extended in writing by the director, a method acceptable to the director for managing and maintaining the land. The fair market value of such interim maintenance and management, as reasonably calculated by the director, shall be credited against the developer’s mitigation obligation for the subdivision or development. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.100 Credit to developer for land dedication or conveyance in excess of required mitigation.
In the case where the developer proposes, and the city council accepts, a dedication or conveyance of land, upon the recommendation of the planning director, the fair market value of which exceeds the developer’s mitigation obligation for a subdivision or development, the city may reimburse or credit the developer as follows:
A. Direct cash payment from the trust fund(s); and/or
B. For subdivisions or planned residential developments in single-family residential zones, an adjustment in allowable dwelling units equal to the value of the excess dedication, providing all minimum requirements of the zone are met; and/or
C. Issuing a parks and recreation mitigation credit document equal to the dollar value of the excess dedication or conveyance of land. Said parks and recreation mitigation credit document shall be valid for six years from the date of issuance and may be applied toward a developer’s mitigation in which the subdivision or development generating the credit is located. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.110 Timing of impact mitigation determination.
The planning director shall determine pursuant to this chapter the dollar value of any park and recreation impact mitigation required. If the developer and the city council have agreed based on a recommendation from the planning director that the developer may satisfy part or all of the mitigation obligation through dedication of land and/or purchase, installation, or improvement of park and recreation facilities, the city shall determine pursuant to this chapter whether or not the dedication and/or facilities purchase, installation or improvement meets the requirements of this chapter. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.120 Time of performance.
A. Payment of any required park and recreation facility impact mitigation shall be made prior to the issuance of a building permit. The park impact mitigation payment requirement shall be noted by a covenant placed on the face of the recorded plat or short plat and included in the deed for each affected lot within the subdivision. At the applicant’s option, park impact fees for new single-family residential construction may be deferred as provided in Section 3.105.125.
B. When a subdivision or development is conditioned upon the dedication of land, or the purchase, installation, or improvement of park and recreation facilities, a final plat or short plat shall not be recorded and a building permit shall not be issued for other development until:
1. The director has determined in writing that any land to be dedicated as shown on the face of the final plat or short plat, or a deed conveying the land to city has been recorded with the county auditor; and
2. The director has determined in writing that the developer has satisfactorily undertaken, or guaranteed to undertake in a manner acceptable to the director, any required purchase, installation, or improvement of park and recreation facilities. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.125 Option for deferred payment of park impact fees.
A. Application.
1. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this chapter, to defer to final inspection the payment of any impact fee for a single-family dwelling unit.
2. The applicant shall submit to the city a written request to defer the payment of an impact fee for a specifically identified building permit. The applicant’s request shall identify, as applicable, the applicant’s corporate identity and contractor registration number, the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur, the legal description of the property upon which the development activity allowed by the building permit is to occur, the tax parcel identification number of the property upon which the development activity allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur. All applications shall be accompanied by an administrative fee as provided for in the city’s fee resolution.
B. Determination of Impact Fee. The impact fee amount due under any request to defer payment of impact fees shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection A of this section.
C. Lien—Recording. Prior to the issuance of a building permit that is the subject of a request for a deferred payment of impact fee, all applicants and/or legal owners of the property upon which the development activity allowed by the building permit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The lien shall be recorded against the property subject to the building permit and be granted in favor of the city in the amount of the deferred impact fee. Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building permit. In addition to the administrative fee required in subsection A of this section, the applicant shall pay to the city the fees necessary for recording the lien agreement with the Snohomish County auditor.
D. Payment—Release of Lien.
1. The city shall not approve a final inspection until the impact fees identified in the deferred impact fee lien are paid in full.
2. Upon receipt of full payment of the deferred impact fee as identified in the deferred impact fee lien, the city shall execute a release of lien for the property. The property owner may, at his or her own expense, record the lien release.
E. Limitations.
1. In no case shall payment of the impact fee be deferred for a period of more than eighteen months from the date of building permit issuance.
2. An applicant is entitled to defer impact fees pursuant to this section for no more than twenty single-family dwelling unit building permits per year in the city. For purposes of this section, an “applicant” includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant.
F. Enforcement. In the event that the deferred impact fee is not paid within the time provided in this chapter, the city shall institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW. Nothing in this section prohibits the city from seeking other administrative, legal or equitable remedies in the event of nonpayment. (Ord. 1387 § 2 (Exh. B) (part), 2016)
3.105.130 Trust accounts.
A. Impact mitigation funds required pursuant to this chapter shall be deposited by the permitting agency directly into a finance director’s trust account which shall be established for the city. Funds deposited into these accounts shall be expended or encumbered as provided in Section 3.105.070 within ten years of receipt unless there exists an extraordinary and compelling reason, as identified in written findings by the city council, for the funds to be held longer than ten years.
B. The current owner of property on which an impact fee has been paid may receive a refund of such fees if the city fails to expend or encumber the impact fees within ten years of when the fees were paid, unless there exists an extraordinary and compelling reason for fees to be held longer than ten years and this reason is adopted in written findings by the city council.
C. If funds are not expended within the time period specified in subsection B of this section, the city shall notify potential claimants by first-class mail deposited with the United States post office at the last-known address of claimants.
D. Any request for a refund by claimants must be submitted to the city in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. Refunds of impact fees shall include interest earned.
E. Any impact fees that are not expended within the time limits set by this section, and for which timely application for a refund has not been made, shall be retained and expended on the indicated capital facilities. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.140 Validity of preexisting agreements.
Written mitigation agreements between the city and a developer which have been executed prior to the effective date of the ordinance codified in this chapter shall be accepted as satisfying the mitigation requirements of this chapter for those phases of a subdivision or development addressed by the written agreement. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.150 Use and disposition of dedicated land.
A. All land dedicated or conveyed pursuant to this chapter shall be set aside for development of park and recreation facilities. The city shall make every effort to use, develop and maintain land dedicated or conveyed for park and recreation facilities.
B. In the event that the use of any such dedicated land is determined by the city council to be infeasible for development of park and recreation facilities, the dedicated land may be sold or traded for another parcel of land in the city, subject to the requirements of state law and city code. The proceeds from such a sale shall be used to acquire land or develop park and recreation facilities in the city. Prior to any proposed sale of land which has been dedicated to the city, the city shall notify each current taxpayer of record or resident of known address in the plat in which the dedicated land is proposed for sale and each taxpayer of record and resident of known address within five hundred feet of the park site. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
3.105.160 Appeals.
A. Appeals of mitigation requirements imposed pursuant to this chapter shall be governed by the appeal provisions of Chapter 17.13.
B. In an appeal of an impact fee, the decision maker may adjust the amount of the fee, in consideration of studies and data submitted by the developer and the city, if one of the following circumstances exists:
1. It can be demonstrated that the impact fee was incorrectly calculated;
2. Unusual circumstances of the development demonstrate that application of the fee to the development would be unfair or unjust;
3. A credit is justified because the developer has dedicated land for or improved property for park facilities that are identified in the capital facilities element of the Mukilteo comprehensive plan. The dedication or improvements must have been required as a condition of approving the development activity subject to the impact fee. (Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 967 § 3 (part), 1999; Ord. 941 § 1 (part), 1998: Ord. 717 § 1 (part), 1992)
Attachment A
Park Impact Mitigation Formula
Park projects eligible for park mitigation fees and their associated funding sources shall be listed in the city’s Comprehensive Plan – Capital Facilities Element and the Parks, Open Space and Recreation Plan (Parks Plan).
In 1987 the Mukilteo city council eliminated the neighborhood park system and adopted the Parks Plan utilizing a community park system. Since that time the city has developed its Parks Plan around the community park system and therefore, the park impact fee mitigation formula is based on that concept, with one standard fee applying to the entire city.
Community Park Development Costs: The estimated cost of community park development is $430,000.00 per acre, based on the cost estimates from the 2004 Mukilteo Lighthouse Park Master Plan.
Park Land Acquisition Costs: A reduced general park acquisition cost is used to reflect only the purchase of 80 acres as identified by the city for future ball fields for an acquisition cost of $37,500.
Level of Service: The level of service standard for parks established in the Capital Facilities Element of the 2005 Comprehensive Plan is 3.5 acres of parkland per 1,000 residents. This level of service was calculated using both public park and school field acreage.
Housing Units: The 2005 Comprehensive Plan estimates the city’s buildout population at 22,000 with an estimated 9,485 housing units. Using a park impact mitigation fee formula based on future need by expected growth, the city expects 2,640 new people and 985 new housing units to be built in the city.
Adjustment Rate: In accordance with RCW 82.02.050 and 82.02.060, the city shall provide a balance between impact fees and other sources of public funds to meet parks capital project needs. Property taxes, user fees (if imposed), sales taxes, REET fees, grants, and other revenue sources need to be used to pay the proportionate share of the growth-generated capital facilities costs.
For the purpose of calculating park impact fees, fifty (50) percent of the cost of park development is anticipated to be generated locally. The remaining fifty (50) percent is expected to originate from city, county or state sources. Thus the mitigation assessment reflects a fifty (50) percent discount from the actual acquisition and development costs.
Below is the fee formula:
Step 1: Future Park Need = Adopted Level of Service × Projected New Population
9.24 Acres = 0.0035 Acres × 2,640 New Citizens
Step 2: Total Development Costs = Future Park Need × (Reduced Acquisition Costs + Current Development Costs) × Adjustment Rate
9.24 Acres × $37,500 Acquisition Cost + $430,000 Development Costs
9.24 Acres × $467,500 Per Acre × 0.5 Adjustment Rate = $2,159,850
Step 3: Per Person Cost = Total Development Costs/Number of Expected New Citizens
50% Rate: $2,159,850/2,640 New Citizens = $818.13 Per Person Cost
Step 4: Park Impact Fee = Cost Per Person × the Type of Housing Unit
Single-Family Residential Impact Fee: $818 × 2.98 pph = $2,438
Multifamily Residential Impact Fee: $818 × 1.97 pph = $1,611
(Ord. 1387 § 2 (Exh. B) (part), 2016: Ord. 1138 § 1, 2005; Ord. 1049 § 1, 2001)