Chapter 17.36
PARK IMPACT FEES1
Sections:
17.36.010 Park impact fees authorized – Cross references.
17.36.020 Findings and purpose.
17.36.040 Fee imposed – Applicability.
17.36.060 Park impact fee program elements.
17.36.070 Fee calculation methods.
17.36.090 Park impact fee accounts and refunds.
17.36.010 Park impact fees authorized – Cross references.
A. The city council of the city of North Bend, Washington, is hereby authorized to adopt, pursuant to the authority of Chapter 82.02 RCW, an ordinance creating and setting park impact fees. Any such ordinance shall provide for the method of calculating said fees and shall contain reasonable rules and procedures.
B. The city clerk is authorized to reference any park impact fee so established by ordinance in any future taxes, rates and fees schedule ordinance of the city. (Ord. 1591 § 1 (part), 2016).
17.36.020 Findings and purpose.
The city council of the city of North Bend finds and determines that growth and development activity in the city will create additional demand and need for park facilities in the city, and the council finds that growth and development activity should pay a proportionate share of the cost of such facilities needed to serve the growth and development activity. Therefore, pursuant to the Growth Management Act
(Chapter 36.70A RCW), and RCW 82.02.050 through 82.02.100, which authorize cities to impose and collect impact fees to partially fund public facilities to accommodate new growth, the council adopts this chapter to impose park impact fees for park facilities as set forth in NBMC 17.36.080. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing park impact fees. (Ord. 1591 § 1 (part), 2016).
17.36.030 Definitions.
For the purposes of this chapter, the words set out in this chapter shall have the following meanings:
A. Affordable Housing. Housing is considered “affordable” to a family if it costs no more than 30 percent of the family’s income. The income groups that are the focus of affordable housing are low and moderate income families, as follows:
1. Low income: a family earning between zero percent and 50 percent of the King County median household income.
2. Moderate income: a family earning between 50 percent and 80 percent of the King County median household income. “Median income” means the median income for the Seattle metropolitan statistical area (King County), as most recently determined by the Secretary of Housing and Urban Development (HUD) under Section 8(f)(3) of the United States Housing Act of 1937, as amended, or if programs under said Section 8(f)(3) are terminated, median income determined under the method used by the Secretary prior to such termination.
B. “Capital facilities element” means the capital facilities plan adopted by the city council as part of the city’s comprehensive plan, and its amendments.
C. “Comprehensive plan” means the city of North Bend comprehensive plan adopted by ordinance, including any adopted amendments.
D. “Conditions of approval,” as they apply to park impact fee evaluations, means those conditions necessary to ensure that the proposed development will not cause the parks level of service to fall below the standards adopted in the comprehensive plan. The conditions of approval shall be binding upon the approval of any permit application for which this chapter is applicable as described in NBMC 17.36.040.
E. “Development” means construction of any new residential building, structure, or unit, or any hotel or motel, that requires review and approval of a development permit.
F. “Development permit” includes, but is not limited to, any short plat, subdivision, binding site plan, site plan, building permit or other land use permit with a residential component, or any written authorization from the city that authorizes the commencement of development that includes new residential uses, excluding an accessory dwelling unit.
G. “Director” means the director of the department of community and economic development or his/her designee.
H. “Financial commitment” means any form of binding and enforceable financial obligation that is acceptable to the city, and provided to the city at the time of development approval.
I. “Park facilities” includes all publicly owned parks, open space and recreation areas within the city limits.
J. “Park impact fee” means the payment of money imposed upon development as a condition of or concurrent with the approval of a building permit to pay for park facilities needed to serve new growth and development, and that is reasonably related to the additional demand and need for facilities created by the new development, that is a proportionate share of the costs of the facilities, and that is used for facilities that reasonably benefit the new development. “Park impact fee” does not include any other applicable permit or application fee.
K. “Level of service (LOS)” means the relationship between park facilities and service provision within the city, as specified in the city’s comprehensive plan.
L. “Proportionate share” means that portion of the cost of public facility improvements and facilities that is reasonably related to the service demands and needs of new development. For any particular development, the proportionate share will depend on the type of the development within the city.
M. Service Area. For the purposes of this chapter, the service area shall be the entire area within the city limits of North Bend. (Ord. 1591 § 1 (part), 2016).
17.36.040 Fee imposed – Applicability.
There is imposed, at the time of issuance of each and every building permit for construction of each and every new residential unit or hotel/motel, created subsequent to September 16, 2008, a park impact fee in an amount as set forth in the then-current North Bend taxes, rates and fees schedule. (Ord. 1591 § 1 (part), 2016).
17.36.050 Exemptions.
The following development is exempt from the requirements of this chapter:
A. Affordable Housing. A development permit for affordable housing, which includes low and moderate income, as defined in NBMC 17.36.030, shall not be assessed a park impact fee as follows:
1. As a condition of receiving an exemption under this section, the owner shall execute and record in King County’s real property title records a city-approved lien, covenant, or other contractual provision against the property that provides that the proposed housing unit or development will continue to be used for low or moderate income housing and remain affordable to those households for a period of not less than 30 years. The lien, covenant, or other contractual provision shall run with the land and apply to subsequent owners and assigns.
2. Any claim or request for an exemption under this section shall be made no later than the time of application for a building permit. If a building permit is not required for the development, then the claim shall be made when the first development permit is applied for. Any claim not made when required by this section shall be deemed waived.
B. Accessory Dwelling Units. A development permit for an accessory dwelling unit, as defined in NBMC 18.06.030, shall not be assessed a park impact fee.
C. Change of Use. A development permit for a change of use that has less impact, as determined by the director, than the existing use shall not be assessed a park impact fee.
D. City Projects. A development permit for a city project shall not be assessed a park impact fee.
E. Pending Development Permit. An application for a development permit shall not be assessed a park impact fee if one or both of the following has occurred: (1) the city and applicant have negotiated park mitigation for the subject of the development permit prior to September 29, 2008; or (2) the applicant has provided park mitigation for the subject of the development permit prior to September 29, 2008. (Ord. 1591 § 1 (part), 2016).
17.36.060 Park impact fee program elements.
A. The city shall impose and collect park impact fees on every development permit within the city limits, except as provided in NBMC 17.36.050.
B. Any park impact fee imposed shall be reasonably related to the impact caused by the new development and shall not exceed a proportionate share of the cost of park facilities that are reasonably related to the new development.
C. The park impact fee imposed may include costs for park facility improvements previously incurred by the city to the extent that new development will be served by the previously constructed improvements; provided, that such fee shall not be imposed to correct any system improvement deficiencies.
D. The park impact fee imposed for any development shall be calculated and determined by the procedures established by this chapter.
E. Park impact fees shall be used for park facilities that will reasonably benefit the new development, and only for those park facilities addressed by the city’s capital facilities element of the comprehensive plan. (Ord. 1591 § 1 (part), 2016).
17.36.070 Fee calculation methods.
A. Each development application shall mitigate its impacts on the city’s park facilities by payment of the park impact fee.
B. All data and other information necessary to determine park impact fee amounts will be made available to the public. Forms and procedures will be established administratively. (Ord. 1591 § 1 (part), 2016).
17.36.080 Fee collection.
A. At the time of application for a development permit, the park impact fee shall be:
|
Single-family residential and cottage housing with more than 1,200 square feet in size |
$5,060 |
|
Cottage housing no greater than 1,200 square feet in size and carriage units developed under Chapter 18.11 NBMC; multifamily residential; condominium; mobile/manufactured home (per housing unit) |
$4,280 |
|
Hotel/motel (per guest room) |
$1,950 |
The impact fees are based upon a rate study. No development permit shall be issued until the park impact fee has been paid in full by the applicant; provided, that the payment of fees may be proportionately phased if the development permit for the development is also phased. The park impact fee shall be collected by the city, and maintained in a separate account, as required by NBMC 17.36.090.
B. An inflationary adjustment shall be made in the fee rates at the beginning of each calendar year. This annual inflationary adjustment shall be the same percentage amount as the change in the Engineering News-Record Construction Cost Index for the Seattle area from the date of the previous year’s adjustment. (Ord. 1657 § 2, 2018: Ord. 1591 § 1 (part), 2016).
17.36.090 Park impact fee accounts and refunds.
A. Park impact fee receipts shall be earmarked specifically and retained in a special interest bearing account established by the city solely for park impact fees. All interest shall be retained in the account and expended for the purpose or purposes for which said fees were imposed. Annually, the city shall prepare a report on the source and amount of all park impact fees collected, interest earned, and the park facilities that were financed in whole or in part by said fees.
B. Park impact fees shall be expended by the city only in conformance with the capital facilities element of the comprehensive plan.
C. Park impact fees shall be expended or encumbered by the city for a permissible use within 10 years of receipt by the city, unless there exists an extraordinary or compelling reason for said fees to be held longer than 10 years. Such extraordinary or compelling reasons shall be identified in written findings by the city.
D. The city shall refund to the payer park impact fees if the city fails to expend or encumber the fees on park facilities within the service area within 10 years, or any extended period pursuant to subsection C of this section, of receipt of the fees by the city. In determining whether park impact fees have been encumbered, such fees shall be considered encumbered on a first in, first out basis.
E. An owner’s or other payer’s request for a refund 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 date is later. Any park impact fees that are not expended or encumbered by the city in conformance with the capital facilities element within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section. Refunds of park impact fees shall include the interest actually earned by the city on such fees.
F. Should the city repeal any or all park impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this section. Upon the repeal of any or all park impact fee requirements, the city shall place notice of such repeal and the availability of refunds in a newspaper of general circulation at least two times and shall notify all payers by first-class mail to the last known address of such payers. 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, and must be expended by the city consistent with the provisions of this chapter. The notice requirements set forth above shall not apply if there are no unexpended or unencumbered balances within the account being terminated.
G. An applicant may request and shall receive a refund, including interest actually earned by the city on the park impact fees, when:
1. The applicant does not proceed to finalize the development; and
2. No impact on the city has resulted. “Impact” shall be deemed to include cases where the city has expended or encumbered the park impact fees in good faith prior to the application for refund. In the event that the city has expended or encumbered the park impact fees in good faith, no refund shall be made; provided, however, within a period of three years, if the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner or other payer shall be eligible for a credit. The owner or other payer must petition the city and provide receipts of park 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 NBMC 17.36.120.
H. Interest due upon the refund of park impact fees required by this chapter shall be calculated according to the average rate received by the city on invested funds throughout the period during which the park impact fees were retained. (Ord. 1591 § 1 (part), 2016).
17.36.100 Processing.
The city shall determine any applicable park impact fees as a normal part of processing a development permit. (Ord. 1591 § 1 (part), 2016).
17.36.110 Other authority.
Nothing in this chapter is intended to limit the city’s authority under the State Environmental Policy Act or any other source. (Ord. 1591 § 1 (part), 2016).
17.36.120 Appeals.
A park impact fee may be appealed under the appeal process for the underlying development permit set forth in the North Bend Municipal Code. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. (Ord. 1591 § 1 (part), 2016).
Prior legislation: Ord. 1328.