Chapter 4A.10
IMPACT FEES – GENERAL REQUIREMENTS Revised 3/18 Revised 6/18 Revised 2/19

Sections:

4A.10.010    Applicability. Revised 3/18 Revised 6/18 Revised 2/19

4A.10.020    Definitions. Revised 3/18 Revised 2/19

4A.10.030    Interpretation. Revised 3/18

4A.10.040    Service Areas Established. Revised 3/18 Revised 2/19

4A.10.050    Authorization for Interlocal Agreements. Revised 3/18

4A.10.060    Impact Fee Account Funds Established. Revised 3/18

4A.10.070    Use of Funds. Revised 3/18

4A.10.080    Impact Fee Assessment and Collection. Revised 3/18

4A.10.090    Impact Fee Adjustments, Independent Calculations. Revised 3/18

4A.10.100    Credits. Revised 3/18 Revised 6/18 Revised 2/19

4A.10.110    Impact Fee Refunds. Revised 3/18

4A.10.120    Appeals and Payments Under Protest. Revised 3/18

4A.10.130    Council Review of Impact Fees. Revised 3/18

4A.10.140    Administrative Fees. Revised 3/18 Revised 2/19

4A.10.150    Severability. Revised 3/18

4A.10.160    Existing Authority Unimpaired. Revised 3/18

4A.10.170    Administrative Guidelines. Revised 3/18

4A.10.010 Applicability. Revised 3/18 Revised 6/18 Revised 2/19

A.    Park Impact Fees and School Impact Fees apply to any applicant seeking permission to develop land within unincorporated Pierce County after January 1, 1997, by applying for a building permit for a residential building or a permit for residential mobile/manufactured home installation. Such applicant is required to pay an impact fee in the manner and amount set forth in this Title, except as specifically provided in PCC 4A.10.010 B.

1.    The following development activities are excluded from the obligation to pay impact fees pursuant to Chapters 4A.20 and 4A.30 PCC for the specific facilities and services noted, on the grounds that they either do not create an impact on those facilities and services, the impacts created have previously been adequately mitigated, or their impacts are de minimus and the cost of administering the impact fee would exceed the fee collected:

a.    Alteration, expansion, reconstruction or remodeling of existing single family or multi-family dwelling units that does not result in additional dwelling units; or

b.    Any dwelling unit subject to restrictions that may be legally enforced by a private party or governmental entity limiting occupants exclusively to residents over a minimum age or other populations that do not include children of the ages five to twenty-one years old, including without limitation nursing homes and retirement centers; provided, however, this exclusion ceases if the housing is later converted to permanent use as a single family or multi-family residence not subject to such restrictions; or

c.    Any dwelling unit licensed and operated as transient accommodations under Chapter 70.62 RCW and WAC 248-144-020(26), such as hotels, motels, condominiums, and resorts; provided, however, this exclusion ceases if the housing is later converted to permanent use as a single-family or multi-family residence not subject to such restrictions; or

d.    Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act.

e.    Replacement of a residential structure with a new residential structure of the same number of dwelling units at the same site or lot when a completed application for the building permit for such replacement is accepted by the County within 5 years of the demolition or destruction of the prior residential structure; or

f.    In addition to subsections A.1.a. through e. above, for school impact fees:

(1)    Any development activity for which school capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, or construct or improve school facilities pursuant to a preliminary plat, short plat, PUD, and/or PDD approval granted prior to the effective date of this Chapter, unless the terms of the plat, PUD, or PDD approval expressly provide otherwise; or

(2)    Any development activity for which school capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, and/or construct or improve school facilities pursuant to a voluntary agreement entered into with the applicable School District prior to January 1, 1997, unless the terms of the agreement expressly provide otherwise; or

(3)    Any new residential units with a recorded agreement, lien and covenant running with the land, binding all the assigns, heirs and successors of the applicant to secure the affordability requirements for low income households through Chapter 18A.65 PCC, "Affordable Housing Incentives." A fee waiver or reimbursement shall only be available on a first come first served basis if alternative funding is available and transferred to the appropriate School District Impact Fee fund account; or

(4)    Accessory dwelling units.

g.    In addition to subsections A.1.a. through e. above, for park impact fees:

(1)    Any development activity for which park system capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, or construct or improve park system facilities pursuant to a preliminary plat, short plat, PUD, and/or PDD approval granted prior to the effective date of this Chapter, provided Pierce County agrees to accept said park system dedication or fee as documented in an agreement prescribed by the Parks and Recreation Services Department; or

(2)    Any development activity for which park system capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, and/or construct or improve park system facilities pursuant to a voluntary agreement entered into with the County prior to January 1, 1997, provided Pierce County has agreed to accept said park system facilities dedication or fee; or

(3)    Any new residential units approved through Chapter 18A.65 PCC, "Affordable Housing Incentives" if sufficient funds have been appropriated by the Pierce County Council and are available for transfer to the Park Impact Fee Fund to replace those fees waived or refunded to the developer.

2.    The Director of Planning and Public Works shall be authorized to determine whether a particular development activity falls within an exclusion and/or exemption from impact fees identified in this Section, in any other Section, or under other applicable law. Determinations of the Director of Planning and Public Works shall be in writing and shall be subject to appeal as provided in PCC 4A.10.120.

B.    Traffic Impact Fees apply to any applicant proposing any development activity within unincorporated Pierce County on or after the effective date established by Ordinance No. 2006-60s, where such development activity requires the issuance of a building permit. Where no building permit will be associated with the development, such as a development requiring a Conditional or Administrative Use Permit, payment is required as a condition of approval. Any reference to building permit within this Title shall be interpreted to mean building permit required for development. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional public facilities, as well as a change in existing use that creates a demand for additional public facilities.

1.    The following development activities are excluded from the obligation to pay traffic impact fees pursuant to Chapter 4A.40 PCC for the specific facilities and services noted, on the grounds that they either do not create an impact on those facilities and services, or the impacts created have previously been adequately mitigated, or their impacts are de minimus and the cost of administering the impact fee would exceed the fee collected:

a.    Alteration or expansion of an existing structure that does not add any residential dwelling units or expand the gross floor area of nonresidential structures by more than 100 square feet and that maintains the same (or less intensive) land use; or

b.    Miscellaneous improvements, including, but not limited to, fences, walls, signs, and residential swimming pools; or

c.    Demolition or removal of a structure within the County; or

d.    Replacement of a residential structure with a new residential structure when a completed application for the building permit for such replacement is accepted by the County within five years of the demolition or destruction of the prior residential structure. The replacement structure must have the same number of dwelling units at the same site or lot as the original structure; or

e.    Replacement of a non-residential structure with a new non-residential structure of the same size and use at the same site or lot when a completed application for the building permit for such replacement is accepted by the County within five years of the demolition or destruction of the prior nonresidential structure. The replacement nonresidential structure shall be considered to be the same size as the prior nonresidential structure if the gross floor area of the building will not be increased by more than 100 square feet; or

f.    Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100 due to mitigation of the same system improvement under the State Environmental Policy Act; or

g.    Any development activity for which traffic impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, and/or construct or improve road facilities pursuant to a voluntary written agreement, entered into with the County prior to the effective date of this Chapter, that specifically provides for an exemption or waiver of payment of traffic impact fees.

2.    The following development activities shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that provide low-income housing in Pierce County:

a.    Low-income owner-occupied housing, provided the owner executes and records a covenant on the property providing that the dwelling unit will continue to be used for low-income housing, and that in the event that the dwelling unit is no longer used for low-income housing, the owner shall pay the County the traffic impact fee from which the owner or any prior owner was exempt, plus interest.

b.    Low-income rental housing, provided the owner of low-income housing executes and records a lien against the property providing that the dwelling unit will continue to be used for low-income housing. The lien against the property shall be subject only to the lien for general taxes. In the event that a rental unit is no longer used for low-income housing, the owner shall pay the County the impact fee from which the owner or any prior owner was exempt, plus interest of 3 percent per annum accrued from the date of building permit issuance until the date of full payment of said impact fees. The lien shall run with the land and apply to subsequent owners.

c.    Any claim for an exemption for low-income housing must be made no later than the time of application for a building permit or site development activity permit. Any claim not so made shall be deemed waived.

d.    Any new residential units approved through Chapter 18A.65 PCC, "Affordable Housing Incentives," if sufficient funds have been appropriated by the Pierce County Council and are available for transfer to the Traffic Impact Fee Fund to replace those fees waived or refunded to the developer.

e.    Public, private, and parochial school facilities, including, but not limited to, administrative, maintenance and other building of a school district shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that contribute to the broad public purpose of providing kindergarten through 12th grade (primary and/or secondary) education services in Pierce County. Preschool and post-secondary school facilities are not exempt.

f.    Use of religious assembly facilities that contribute to the broad public purpose of providing religious services in Pierce County (such as churches, temples, and synagogues) shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020. Other uses of religious assembly facilities (such as daycares, preschools, social organization meetings) are not exempt.

g.    The following development activities shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the following types of development listed in PCC 4A.40.020 that contribute to the broad public purpose of improving the economy of Pierce County by providing additional family wage jobs in the County. The land uses eligible for this exemption shall be defined according to the ITE Land Use Code:

(1)    General Light Industrial, ITE Land Use Code 110; or

(2)    General Heavy Industrial, ITE Land Use Code 120; or

(3)    Manufacturing, ITE Land Use Code 140; or

(4)    Corporate Headquarters Building, ITE Land Use Code 714; or

(5)    Research and Development Center, ITE Land Use Code 760.

h.    Park-and-ride facilities and bus transfer stations shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that contribute to the broad public purpose of supporting mass transit in Pierce County.

i.    Police and fire stations shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that contribute to the broad public purpose of supporting public safety services in Pierce County.

3.    The amount of impact fees not collected from exempt development set forth in PCC 4A.10.010 B.2. shall be paid from public funds other than impact fee accounts.

4.    The Director of Planning and Public Works shall be authorized to determine whether a particular development activity falls within an exclusion and/or exemption from traffic impact fees identified in this Section, in any other Section, or under other applicable law. Determinations of the Director of Planning and Public Works shall be in writing and shall be subject to appeal as provided in PCC 4A.10.120.

5.    For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in Chapter 4A.40 PCC.

6.    For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement, or new accessory building, the impact fee shall be the applicable impact fee for the land use category of the new use, less an amount equal to the current impact fee rate for the most recent prior use, provided that the prior use was an active use at some time within the previous five years. An adjustment for prior use will not be applicable for properties which have been vacant or unused for more than five years

(Ord. 2018-71s § 2 (part), 2018; Ord. 2018-13 § 1 (part), 2018; Ord. 2017-12s § 2 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2012-63 § 1 (part), 2013; Ord. 2009-48s2 § 3 (part), 2010; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.020 Definitions. Revised 3/18 Revised 2/19

"Accessory Dwelling Unit" means a second dwelling unit added to, created within, or detached from a single-family detached dwelling for use as a completely independent or semi-dependent unit with provisions for cooking, eating, sanitation, and sleeping.

"Applicant" means a person, individual, or organization seeking permission to develop land within unincorporated Pierce County by applying for a building permit.

"Building Permit" means a permit issued pursuant to Title 15 PCC for new construction or addition.

"Capital Facilities" means the facilities and improvements found in the most recently approved Pierce County Capital Facilities Plan element of the Comprehensive Plan for Pierce County.

"Capital Facilities Plan" means the plan for financing capital improvements that support the County's current and future population and economy, as found in the Capital Facilities Plan element of the Comprehensive Plan for Pierce County, adopted by Pierce County pursuant to Chapter 36.70A RCW.

"Capital Improvement" means land, improvements to land, structures (including design, permitting and construction), initial furnishings, and selected equipment. Capital improvements have an expected useful life of at least 10 years. Other capital costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered to be minor capital expenses in the County's annual budget, but such items are not capital improvements for the purposes of the Comprehensive Plan or the issuance of development permits.

"Council" means the Pierce County Council.

"County" means Pierce County.

"County Engineer" means the County Engineer of Pierce County or the County Engineer's designee.

"Development Activity" means any type of construction or placement or conversion or expansion of a building, structure, or use, or the siting of a mobile home, or any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. (RCW 82.02.090(1))

"Director of Planning and Public Works" means the Director of the Department of Planning and Public Works or the Director's designee.

"District" means any area located within Pierce County that has special purpose and defined service area boundaries in the unincorporated area of Pierce County, and whose Capital Facilities Plan has been or will be adopted by the Council as a part of the County's Comprehensive Plan.

"Duplex" means two dwelling units which are attached to one another. Duplexes are also known as "two family" housing.

"Dwelling unit" means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen, sleeping, and sanitary facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit.

"Encumbered" means to reserve, set aside, or otherwise earmark the impact fees by contract to pay for commitments, contractual obligations, or other liabilities incurred for public facilities as set out in an adopted Capital Facilities Plan.

"Existing Level of Service" (ELOS) means the level of service (LOS) for schools as discussed in the Capital Facilities Plan element of the Comprehensive Plan for Pierce County. For schools, ELOS is the level of service provided by a District within its School District boundaries, as indicated in the Capital Facilities Plan element of the Pierce County Comprehensive Plan.

"Gross Floor Area" means the total square footage of liveable area of any dwelling unit and the gross leasable area square footage of any non-residential building, structure, or use, including accessory uses.

"Hearing Examiner" means the Pierce County Hearing Examiner identified in Chapter 1.22 PCC.

"Impact" means an activity on or an alteration of a land use which changes or alters the demand for public services or facilities.

"Impact Fee" means a payment of money imposed by Pierce County upon development activity pursuant to this Title as a condition of granting development approval and/or a building permit in order to pay for the public facilities needed to serve new growth and development. "Impact fee" does not include a permit fee, an application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal pursuant to Chapter 1.22 PCC and PCC 4A.10.140.

"Impact Fee Account" or "Account" means the Account established for the public facilities for which impact fees are collected, pursuant to PCC 4A.10.060 and in compliance with the requirements of RCW 82.02.060.

"Independent Fee Calculation" means the impact calculation, and/or economic documentation prepared to support the assessment of a school, park, or traffic impact fee other than by the use of the schedule kept on file with the Planning and Public Works Department, or the calculations prepared for a District or the County where none of the fee categories of fee amounts in said schedule accurately describe or capture the impacts of the new development on public facilities.

"Interest" means the interest earned by the account during the period during which the fees were retained.

"Interlocal Agreement" or "Agreement" means the Interlocal agreement by and between the County and a District, city or town as authorized in PCC 4A.10.050 pursuant to Chapter 39.34 RCW.

"ITE Land Use Code" means the classification code number assigned to a type of land use by the Institute of Transportation Engineers in the most current Edition of "Trip Generation."

"Level of Service" (LOS) means an established minimum capacity for public facilities or services that is planned to be provided per unit demand or other appropriate measure of need and is used as a gauge for measuring the quality of service. Levels of service are usually quantifiable measures of the amount of public facilities that are provided to the community and may also measure the quality of some public facilities. Levels of service are set to reflect realistic expectations consistent with the achievement of growth aims. As standards, they are valuable planning and budgetary tools, even if concurrency is not required for specified facilities, given that they are a measure of quality of service. Levels of service for traffic impact fees are the "service thresholds" described in the Rate Study.

"Low-income housing" means:

1.    An owner-occupied or renter-occupied housing unit affordable to households whose household income is less than 80 percent of the Pierce County median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD).

2.    In the event that HUD no longer publishes median income figures for Pierce County, the County may use or determine such other method as it may choose to determine the Pierce County median income, adjusted for household size. The Director will make a determination of sales prices or rents that meet the affordability requirements of this Section. An applicant for a low-income housing exemption may be a public housing agency, a private non-profit housing developer, or a private developer.

"Mobile Home Park" means a tract of land designed and maintained under a single ownership of unified control where two or more spaces or pads are provided solely for the placement of mobile or manufactured homes for residential purposes with or without charge. A mobile home park shall not include mobile home subdivisions or recreational vehicle parks.

"Multifamily" means a structure containing three or more dwelling units, with the units joined to one another.

"Owner" means the owner of record of real property; provided that, if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.

"Park Impact Fee" means an impact fee in unincorporated Pierce County to pay for new park system facilities to serve new growth and development in Pierce County.

"Park System Facilities" means all parks, open space, trails, facilities, and recreation programs owned or controlled by Pierce County through the Parks and Recreation Services Department. Park System Facilities do not include the lands or structures owned by others such as schools, private recreation providers, and nonprofit organizations, even though the County may have an agreement to manage recreation programs at such a site. Pierce County Park and Recreation Facilities are discussed in the Capital Facilities Plan element of the Comprehensive Plan for Pierce County.

"Person" means an individual, a corporate entity, a partnership, an incorporated association, or any other similar entity.

"Planned Unit Development" or "PUD" shall have the same meaning as set forth in PCC 18A.75.080.

"PPW" means the Pierce County Planning and Public Works Department.

"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 the Capital Facilities Plan shall be considered a project improvement (RCW 82.02.090(6)).

"Proportionate Share" means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development (RCW 82.02.090(5)).

"Public Facilities" means the following capital facilities owned or operated by government entities: (a) public streets and roads; (b) publicly owned parks, open space, and recreation facilities; (c) school facilities; and (d) fire protection facilities in jurisdictions that are not part of a fire district.

"Rate Study" means the "2018 Pierce County Traffic Impact Fee Rate Study."

"Residential" or "Residential Development" means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, other multifamily development, mobile homes and manufactured homes.

"Road" means a public street or road, or similar right-of-way including avenue, place, way, drive, lane, boulevard, highway, bridge, ferry and other thoroughfare, and intersections thereof, except an alley, shared access facility or driveway, which enables motor vehicles, transit vehicles, bicycles and pedestrians to travel between destinations, and affords the principal means of access to abutting property. A road includes the right-of-way, road base, paved surface, and associated appurtenances such as traffic signals, street and road lights, curb, gutter and sidewalk, and storm drains.

"School Impact Fee" means an impact fee in unincorporated Pierce County to pay for new school capital facilities to serve new growth and development within a School District.

"Senior/Assisted Living Facility" means a residential facility licensed under Chapter 18.20 RCW that provides personal care services, intermittent nursing services and/or medical care services to residents, often in a private, apartment-like unit.

"Service Area" means a geographic area described in the County's Capital Facilities Plan or Pierce County Traffic Impact Fee Rate Study in which a defined set of public facilities provides service to development within the area; provided, that the service area for schools shall be the applicable School District. Service areas may be separately described for each type of public facility.

"State" means the State of Washington.

"System Improvements" mean public facilities that are included in the Capital Facilities Plan and are designed to provide service to service areas within the community at large, in contrast to project improvements (RCW 82.02.090(9)).

"Traffic Impact Fee" means an impact fee in unincorporated Pierce County to pay for new road capital facilities to serve new growth and development within unincorporated Pierce County.

"Two-family" means two dwelling units which are attached to one another. "Two family" housing types are also known as "duplexes."

"Voluntary Agreement" means an agreement between an applicant and the County or District as authorized by RCW 82.02.020.

"Zero-lot-line" means design that allows for the placement of a structure on the side yard property line.

(Ord. 2018-71s § 2 (part), 2018; Ord. 2017-12s § 2 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2015-25s § 2 (part), 2015; Ord. 2012-63 § 1 (part), 2013; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.030 Interpretation. Revised 3/18

The provisions of this Title shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, and welfare and the furtherance of the Comprehensive Plan for Pierce County. (Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006; Ord. 96-105S2 § 1 (part), 1996)

4A.10.040 Service Areas Established. Revised 3/18 Revised 2/19

A.    Service Areas. Service areas, which may vary by type of public facility, are established as shown in the Pierce County Comprehensive Plan and/or the Rate Study. Service areas assure a proportional benefit of public facilities to development applicants and establish a nexus between those paying for the fees and the benefit of the facilities.

B.    Park Impact Fee Service Area. A single Park Impact Fee service area is hereby created for park system facilities to include the entire unincorporated area of the County. In the future, the Park Impact Fee Service Area may include municipalities that have chosen, by way of an Interlocal agreement with Pierce County, to provide park services within the municipality or associated Urban Growth Area (UGA).

C.    School Impact Fee Service Areas. Separate school impact fee service areas are hereby created for each School District that has boundaries which include a portion of unincorporated Pierce County. The County shall collect school impact fees on a district-by-district basis as indicated in Chapter 4A.30 PCC, on behalf of each School District that has submitted its Capital Facilities Plan and impact fee calculations to the County, and whose Plan has been incorporated into the County's Comprehensive Plan.

D.    Transportation Service Areas. Separate transportation service areas for traffic impact fees are hereby created as identified in the Pierce County Traffic Impact Fee Rate Study.

(Ord. 2018-71s § 2 (part), 2018; Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.050 Authorization for Interlocal Agreements. Revised 3/18

A.    The Executive is authorized to execute, on behalf of the County, an Interlocal agreement with a District (i.e., school district or park district) for the collection, expenditure, and reporting of impact fees, provided that such Interlocal agreement complies with the provisions of this Title. All aspects of this Title, including Interlocal agreements, must be in place prior to collection of fees.

B.    The Interlocal agreement shall provide for:

1.    A District to prepare its capital facilities plan consistent with Ch. 36.70A RCW.

2.    A District to submit the plan or plan amendments to Pierce County for adoption as part of the County Comprehensive Plan consistent with this Title and Chapter 19C.10 PCC, provided that the plan includes all information required by Chapters 36.70A and 82.02 RCW and this Title.

C.    School District Interlocal agreements shall include at least the following provisions:

1.    The Interlocal agreement shall mandate that the District shall establish an Impact Fee Fund which will be composed of the various accounts, each of which shall be credited with appropriate interest. The District shall assume responsibility for all necessary accounting, investing, reporting, expending, and refunding activities associated with their Impact Fees.

2.    Funds withdrawn from the Impact Fee Account for the District must be used in accordance with the provisions of PCC 4A.10.060. The interest earned shall be retained in this account and expended for the purposes for which the impact fees are collected.

3.    On an annual basis, pursuant to the Interlocal agreement, each District shall prepare and submit to the County a report on the impact fees and the Impact Fee 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 impact fees.

4.    Impact fees shall be expended or encumbered within six years of receipt, unless the Council identifies in written findings extraordinary and compelling reason or reasons for a District to hold the fees beyond the six year period. Under such circumstances, the period of time within which the impact fees shall be expended or encumbered shall be established after consultation with that District.

(Ord. 2016-51s § 1 (part), 2016; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.060 Impact Fee Account Funds Established. Revised 3/18

A.    Park Impact Fee Fund. There is hereby created and established a special purpose park and recreation facilities impact fee fund ("the park impact fee fund") to receive park impact fees.

1.    All park impact fees and investment income received pursuant to this Title shall be deposited into the park impact fee fund. Procedures for administration of the funds shall be established by the Director of the Finance Department. Expenditures from these funds shall be made in accordance with the County's normal budget procedures.

2.    Annually, prior to submittal of the Capital Facilities Plan and County Budget for Council's consideration, the Department of Budget and Finance* shall prepare a report on each impact fee account showing the source and amount of all moneys collected, interest earned, and capital or system improvements that were financed in whole or in part by impact fees.

B.    School Impact Fee Fund. There are hereby authorized special purpose school district impact fee suspense funds into which all School District impact fees shall be deposited.

1.    On a monthly basis, in accordance with the Interlocal agreement, the County shall remit to the appropriate School District the impact fee collected in the preceding month. Impact fees received by the District shall be earmarked specifically and retained by the District in appropriate interest-bearing accounts. All impact funds and interest shall be expended for the purposes identified in PCC 4A.10.070.

2.    Annually, in accordance with the Interlocal agreement, the School District shall prepare and submit to the County a report on school impact fees and the School Impact Fee 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 the impact fees.

C.    Traffic Impact Fee Fund. There is hereby created and established a special purpose traffic impact fee fund ("the traffic impact fee fund") to receive traffic impact fees. All traffic impact fees and investment income received pursuant to this Title shall be deposited into the traffic impact fee fund. Procedures for administration and expenditure of the funds shall be established by the Director of the Planning and Public Works Department in conjunction with the Director of the Finance Department, and shall be in accordance with the County's normal budget procedures. Annually, the County shall prepare a report on the traffic impact fee fund 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 impact fees, and expenses for administration and updating the traffic impact fee program. If this reporting indicates that substantial excess administrative funds are being collected beyond that needed to administer and update the traffic impact fee program, Council may elect to reduce the administrative fee to more appropriately balance fee collections to expenditures.

D.    Money withdrawn from these funds must be used in accordance with the provisions of PCC 4A.10.070. Interest earned on the fees shall be expended for the purposes for which the impact fees were collected.

E.    Impact fees shall be expended or encumbered within ten years of receipt, unless the Council identifies in written findings extraordinary and compelling reason or reasons for the County to hold the fees beyond the ten year period. Under such circumstances, the Council shall establish the period of time within which the impact fees shall be expended or encumbered.

(Ord. 2017-12s § 12 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2015-25s § 2 (part), 2015; Ord. 2012-63 § 1 (part), 2013; Ord. 2009-48s2 § 3 (part), 2010; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

*Code Reviser's Note: The name of the Department was changed to Finance in Ordinance No 2017-12s.

4A.10.070 Use of Funds. Revised 3/18

A.    Pursuant to this Title, impact fees:

1.    Shall be used for public facility improvements that will reasonably benefit the new development;

2.    Shall not be imposed to make up for deficiencies in the facilities serving existing developments;

3.    Shall not be used for maintenance or operation; and

4.    Shall not be used to supplant or reduce the percentage of General Fund amounts used to mitigate the impact of new development on park system facilities.

B.    Impact fees may be spent for improvements listed in the capital facilities plan and identified as being funded in part by impact fees. Expenditures may include, but are not limited to, facility planning, land acquisition, site improvements, necessary off site improvements, construction, engineering, architectural, permitting, financing, grant matching funds and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to public facilities, and any other expenses which can be capitalized and are consistent with the Comprehensive Plan.

C.    Impact fees may also be used to recoup public facility improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.

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 Section and are used to serve the new development. Capital Facilities Plans using impact fees for the purpose of assisting in the provision of capital facilities or facility systems must clearly differentiate between funds used for new improvement and those funds used to correct existing deficiencies.

E.    The applicant may request a breakdown of where their impact fees were expended. The request for a breakdown of impact fee expenditures must be made in writing and submitted to the County Engineer within ten years of receipt of the impact fees. The County will provide the requested breakdown of fees within 180 days of receipt of the request.

F.    In unincorporated areas of the County where a park district provides park facilities, park impact fees may be used in partnership with local park districts to provide park district capacity improvements.

(Ord. 2016-51s § 1 (part), 2016; Ord. 2012-63 § 1 (part), 2013; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.080 Impact Fee Assessment and Collection. Revised 3/18

A.    For all development activity located in a service area where fees have been imposed, the County shall determine the total impact fee at the time the impact fee is paid, based on the Capital Facilities Plan element of the Pierce County Comprehensive Plan and the resulting fee schedule in effect at the time of payment.

B.    Except as otherwise provided in PCC 4A.10.080 D., school, traffic, and park impact fees for single or multi-family residential uses shall be paid to the County either at the time of recording of the final plat or prior to building permit issuance. Traffic impact fees for non-residential uses shall be paid to the County prior to final building inspection.

C.    Except as otherwise provided in PCC 4A.10.080 D., the Department of Planning and Public Works shall not issue the building permit for single or multi-family construction or conduct the final building inspection for non-residential construction unless the impact fees set forth in this Title have been paid in the amount that they exceed exemptions or credits provided pursuant to this Title.

D.    The owner/seller of single or multi-family residential property being constructed or improved for resale may request, at the time of submittal of a complete building permit application, that payment of school, traffic and park impact fees be deferred to the time of closing of sale or no later than 18 months after building permit issuance, whichever comes first. The request will be approved, provided the property owner agrees to the following:

1.    A lien payable to the County for the estimated amount of the deferred school, traffic and park impact fees plus accrued interest shall be recorded against the subject property prior to building permit issuance.

2.    At the time of building permit application, the property owner shall pay a non-refundable fee, the amount of which shall be determined by the Director, to cover all administrative costs incurred by the County to process the lien document, provided that this fee shall not exceed $250.00 unless otherwise approved by the Council through ordinance. In addition, said property owner shall pay the costs of recording the lien and all other related costs.

3.    As consideration for the impact fee deferral on traffic and park impact fees, the property owner shall be responsible for either payment of interest on the deferred impact fees based on a rate of 3 percent per annum and accrued from the date of building permit issuance until the date of full payment of said impact fees or shall waive the right to recovery of fees not spent within the 10 year statutory timeframe. Consideration for deferral of school impact fees shall use the payment of interest option only. The consideration option to be utilized for deferral of traffic and park impact fees shall be specified by the property owner prior to the recording of the lien.

4.    The County shall be responsible for recording the lien with the Pierce County Auditor prior to building permit issuance.

5.    The property seller shall be responsible for full payment of the deferred impact fees by the closing date of sale or no later than 18 months from the date of building permit issuance, whichever comes first. In no case shall building occupancy occur prior to the full payment of the deferred school, traffic and park impact fees. Notice of the prohibition on occupancy shall be included on all certificates of occupancy issued by Pierce County. The actual amount of school, traffic and park impact fees to be paid will be based on the fee schedules in place at the time of building permit issuance.

6.    Full payment of the deferred impact fees must be made prior to any segregation of the subject property.

7.    Escrow/title companies shall collect the school, traffic and park impact fees, as well as the cost of releasing the lien, from the sale proceeds at the time of closing and shall forward those funds to the County.

8.    The County will release the lien after the County has confirmed payment of the deferred school, traffic and park impact fees.

E.    In the event that a property constructed or improved for resale is later proposed for lease or rental, all deferred impact fees applicable to the property pursuant to PCC 4A.10.080 D. shall become due and payable. Full payment of all deferred impact fees applicable to the subject property shall occur prior to occupancy. Upon confirmation of full payment of the deferred impact fees, Pierce County shall release the lien recorded against the property for the deferred impact fees.

F.    Failure to pay impact fees as required by this Title shall constitute a Class 1 infraction and shall be subject to penalty and enforcement as set forth within Chapter 1.16 PCC.

G.    Failure to comply with limitations on occupancy established pursuant to PCC 4A.10.080 D. shall constitute a violation of the Certificate of Occupancy and shall be subject to penalty and enforcement as set forth within Title 17C PCC.

H.    Pierce County may decline to allow a property owner to utilize the deferred impact fee payment option established pursuant to PCC 4A.10.080 D. for good cause.

I.    Each applicant for a single-family residential construction permit, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferral for 20 single-family residential construction building permits for school, traffic, and park impact fees. The 20 single-family residential construction building permit limit shall be applied on a county-wide unincorporated area basis for traffic and park impact fees and on a per school district basis for school impact fees. The County may approve requests for more than 20 deferrals for traffic, school, and park impact fees; provided, that approval of such requests for school impact fees shall require concurrence by the affected school district.

(Ord. 2017-12s § 12s (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2016-15 § 1, 2016; Ord. 2015-76s § 1, 2015; Ord. 2013-78 § 1 (part), 2013; Ord. 2012-63 § 1 (part), 2013; Ord. 2010-65s § 1, 2010; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.090 Impact Fee Adjustments, Independent Calculations. Revised 3/18

A.    An applicant may request an adjustment to the impact fees determined according to the fee schedule set forth in this Title and kept on file with the Department of Planning and Public Works, by preparing and submitting to the affected School District (for school impact fees) or to the Parks and Recreation Services Department (for park impact fees) or to the County Engineer (for traffic impact fees) 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. Independent fee calculations for traffic impact fees shall use the same formulas and methodology used to establish the impact fees in this Title and shall be limited to adjustments in trip generation rates used in the Rate Study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures.

1.    If the District or Department agrees with the independent fee calculation, a written agreement shall be transmitted to the applicant and to PPW.

2.    If the District or Department does not agree with the independent fee proposal, the applicant may request a third party review. The third party reviewer will be randomly assigned by PPW from a roster of qualified individuals or agencies on file.

a.    PPW shall develop the roster through an RFQ and contracting process.

b.    The applicant shall pay the third party reviewer for services and the District and Department for analysis of the independent fee calculation.

c.    While there is a presumption that the calculations set forth in a District's Capital Facilities Plan and/or the Capital Facilities Plan element of the County Comprehensive Plan are valid, the third party reviewer shall consider the documentation submitted by applicant and the analysis prepared by a District or Department, but is not required to accept documentation or analysis which the third party reasonably deems to be inaccurate or unreliable, and may, in the alternative, require the applicant or the District or Department to submit additional or different documentation for consideration.

d.    The third party reviewer may adopt, reject, or revise the independent fee calculation after consideration of documentation submitted in support of or in opposition to the independent fee calculation, the specific characteristics of the development, principles of fairness, and/or other relevant information. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the applicant, the District or Department, and the County.

B.    If, in the judgment of the County Engineer, none of the fee categories set forth in Chapter 4A.40 PCC accurately describes or captures the impacts of a new development on roads, the County Engineer may conduct independent fee calculations and the County Engineer may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the applicant.

C.    Determinations made pursuant to this Section may be appealed to the Examiner subject to the procedures set forth in PCC 4A.10.120 and Chapter 1.22 PCC.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.100 Credits. Revised 3/18 Revised 6/18 Revised 2/19

A.    The applicant shall be entitled to a credit against the applicable impact fee for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the applicant, to facilities that are:

1.    Included within the capital facilities plan and identified as system improvements that are to be funded in part by impact fees; and

2.    At suitable sites and constructed at acceptable quality as determined by the County; and

3.    Are completed, dedicated, or otherwise transferred to the County prior to the determination and award of a credit as set forth in this Section.

B.    No credit shall be given for project improvements, including frontage improvements and right-of-way dedication required to meet the prescribed minimum widths along the project frontages.

C.    The value of a credit for structures, facilities or other improvements shall be established by original receipts provided by the applicant for one or more of the same system improvements for which the impact fee is being charged.

D.    The value of a credit for land, including right of way and easements, shall be established on a case-by-case basis by an appraiser selected by, or acceptable to, the District (for school impact fees) or County (for regional park or traffic impact fees). The appraiser must be licensed in good standing by the State of Washington for the category of the property appraised. The appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review and acceptance by the District (for school impact fees) or the Department (for regional* park or traffic impact fees). The appraisal and review shall be at the expense of the applicant.

E.    After the effective date of this Chapter and required compliance with Chapter 4A.30 PCC, whenever a development activity is granted approval subject to a condition that the applicant actually provide school sites, school facilities, or improvements to school facilities that are identified in the Capital Facilities Plan, or whenever the applicant has agreed, pursuant to the terms of a voluntary agreement with the school District, to provide land, provide school facilities that are identified in the Capital Facilities Plan, or make improvements to existing facilities as in the Capital Facilities Plan, the applicant shall be entitled to a credit for the value of the land or actual costs of capital facility construction against the fee that would be chargeable under the formula provided by Chapter 4A.30 PCC. The land value or costs of construction shall be determined pursuant to PCC 4A.10.100 A. through D.

F.    After the effective date of this Chapter and required compliance with Chapter 4A.20 PCC, whenever a development activity is granted approval subject to a condition that the applicant actually provide park system facilities that are identified in the Capital Facilities Plan, or whenever the applicant has agreed, pursuant to the terms of a voluntary agreement with the Parks and Recreation Services Department, to provide land for park system facilities that are identified in the Capital Facilities Plan element, or make improvements to existing facilities as in the Capital Facilities Plan element, the applicant shall be entitled to a credit for the value of the land or actual costs of capital facility construction against the fee that would be chargeable under the formula provided by Chapter 4A.20 PCC. The land value or costs of construction shall be determined pursuant to PCC 4A.10.100 A. through D.

G.    Upon the effective date of this Chapter and required compliance with Chapter 4A.40 PCC, whenever a development is granted approval subject to a condition that road improvements that are identified in the Capital Facilities Plan be constructed or provided, or whenever the applicant has agreed, pursuant to the terms of a voluntary agreement with the Department of Planning and Public Works, to donate or dedicate land for road facilities that are identified either in the Capital Facilities Plan element or are included in the Transportation Corridors and Connectors Right-of-Way Preservation Map (Chapter 19D.50 PCC), the applicant shall be entitled to a credit for the value of the land or actual costs of capital facility construction against the fee that would be chargeable under the formula provided by Chapter 4A.40 PCC. The land value or costs of construction shall be determined pursuant to this Section.

H.    Pursuant to and consistent with the requirements of RCW 82.02.060, impact fee schedules have been adjusted for future taxes and other revenue sources to be paid by the new development which are earmarked or proratable to the same new public facilities which will serve the new development.

I.    An applicant can request that a credit or credits for impact fees be awarded to him/her for payments of user fees, debt service payments, taxes or other payments which were paid prior to the date the impact fee is imposed and were earmarked or proratable to the same system improvements for which the impact fee is imposed. For each request for a credit or credits for past tax payments for impact fees, the applicant shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement for which the impact fee is imposed.

J.    After receiving the receipts for improvements, the appraisal of land value, the receipts and calculations of prior payments earmarked or proratable to the same system improvements for which the impact fee is imposed, the County Engineer shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the County before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit.

K.    If the amount of the credit is less than the calculated fee amount, the difference remaining shall be chargeable as an impact fee and paid at the time of issuance of the building permit. In the event the amount of the credit is calculated to be greater than the amount of the impact fee due, the applicant shall forfeit such excess credit. The administrative fee and application fee are not eligible for credit.

L.    A claim for credit will be processed by the County using whichever of the following options is selected by the applicant:

1.    Claims for credits that are submitted prior to, or with an application for a building permit for which an impact fee will be due will be processed by the County before payment of the impact fee is due in order to allow any credit authorized by the County to reduce the amount of the impact fee; or

2.    Claims for credits that are submitted no later than one year after an application for a building permit for which an impact fee is due shall be processed by the County after the impact fee is paid in full, and any credit authorized by the County will be refunded to the owner within 180 days of receipt of the claim for credits.

M.    Claims for credits that are submitted more than one year after an application for a building permit for which an impact fee is due are deemed to be waived and shall be denied.

N.    Determinations made by the County Engineer pursuant to this Section shall be subject to appeal to the Examiner subject to the procedures set forth in PCC 4A.10.120 and Chapter 1.22 PCC.

(Ord. 2018-71s § 2 (part), 2018; Ord. 2018-13 § 1 (part), 2018; Ord. 2017-12s § 2 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2015-25s § 2 (part), 2015; Ord. 2012-63 § 1 (part), 2013; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

*Code Reviser's Note: The reference to regional was intended to be removed in Ordinance No. 2016-51s.

4A.10.110 Impact Fee Refunds. Revised 3/18

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 ten years of receipt of school impact fees by a District, or the County's receipt of regional* park and traffic impact fees, unless the Council has made a written finding that extraordinary or compelling reasons exist to extend the time for expending or encumbering the impact fees. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis.

B.    The County shall, through the Interlocal agreements authorized in PCC 4A.10.050, provide for Districts to refund fees according to the requirements of this Section and RCW 82.02.080.

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

2.    An owner's request for a refund must be submitted to the superintendent of the appropriate District (regarding school impact fees) 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 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.

D.    Refunds of impact fees shall include any interest earned on the impact fees from the date the fees were deposited into the Impact Fee Fund to the time of the refund.

E.    Should the County 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 County 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 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 County, 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.    An applicant may request and shall receive a refund, including interest earned on the impact fees, when the applicant does not proceed to finalize the development activity and no impact has resulted.

G.    The administrative fee and application fee are not eligible for refund.

H.    Refunds will not be made for amounts less than $100.00.

I.    The applicant must submit a written PPW Request for Refund form, and provide receipt of impact fees paid. No refund will be processed prior to cancellation of the applicable permit.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2012-63 § 1 (part), 2013; Ord. 2009-48s2 § 3 (part), 2010; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

*Code Reviser's Note: The reference to regional was intended to be removed in Ordinance No. 2016-51s.

4A.10.120 Appeals and Payments Under Protest. Revised 3/18

A.    An appeal of the decision of the County, the third party reviewer, or the Hearing Examiner with regard to the imposition of an impact fee or fee amounts may be filed by the applicant or the District by making application and paying the appropriate fee at PPW. Any appeal shall follow the appeal process for the underlying permit and not be subject to a separate appeal process.

B.    Any applicant may pay the impact fees imposed by this Title under protest in order to obtain a building permit. No appeal shall be permitted until the impact fees at issue have been paid under protest.

C.    Further appeals of a decision under this Title shall be considered by Pierce County according to procedures in Chapter 1.22 PCC, provided that appeals regarding the impact fees may only be filed by the applicant for the property where such development activity will occur, the County or the District.

D.    The Hearing Examiner is authorized to make Findings of Fact regarding the applicability of the impact fees to a given development activity, including the land use category used, and trip generation rates applied for traffic impact fees, the availability or amount of credit, or the accuracy or applicability of an independent fee calculation.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006; Ord. 96-105S2 § 1 (part), 1996)

4A.10.130 Council Review of Impact Fees. Revised 3/18

A.    Computation and Schedules. The fee schedules set forth in Chapters 4A.20, 4A.30 and 4A.40 PCC shall be reviewed by the Council as it deems necessary and appropriate in conjunction with the annual update of the Capital Facilities Plan element of the County's Comprehensive Plan.

B.    The traffic impact fee schedule set forth in Chapter 4A.40 PCC shall be updated and revised no more than five years after the effective date of Chapter 4A.40 PCC, or five years after the most recent review by the Council, whichever is later.

C.    The park impact fee schedule set forth in Chapter 4A.20 PCC shall be updated and revised no more than three years after the adoption of this Ordinance, with subsequent reviews occurring no more than five years after the most recent review by the Council.

D.    Any changes to impact fees shall be brought forth by ordinance following adoption of the County Capital Facility Plan and any review of impact fees pursuant to this Section. Cost of living adjustments to impact fees and/or Maximum Fee Obligations shall be considered consistent with the relevant provisions in PCC 4A.20.020, 4A.30.020, and 4A.40.020.

(Ord. 2016-51s § 1 (part), 2016; Ord. 2010-18s § 1, 2010; Ord. 2006-60s § 1 (part), 2006; Ord. 96-105S2 § 1 (part), 1996)

4A.10.140 Administrative Fees. Revised 3/18 Revised 2/19

A.    The County's general administrative cost for processing the impact fees and associated accounting and record keeping for school and park impact fees shall be a one time charge of $50.00 per dwelling unit.

B.    The cost of administering the impact fee program for traffic impact fees shall include a charge of $100.00 per dwelling unit, and an amount equal to one percent of the amount of the traffic impact fee calculated in the Rate Study for non-residential development. The administrative fee shall be deposited into an administrative fee account within the Traffic Impact Fee Fund. Administrative fees shall be used to defray the cost incurred by the County in the administration and update of the traffic impact fee program, including, but not limited to, review of independent fee calculations and the value of credits. The administrative fee is not creditable or refundable under PCC 4A.10.100 and 4A.10.110.

C.    The cost of administering the impact fee program for park impact fees shall also include an amount equal to three percent of the amount of the park impact fee obligation as calculated in the impact fee rate schedule under PCC 4A.20.030. The administrative fee shall be deposited into an administrative fee account within the Park Impact Fee Fund. Administrative fees shall be used to defray the cost incurred by the County in the administration and update of the park impact fee program, including, but not limited to, review of independent fee calculations and the value of credits. The administrative fee is not creditable or refundable under PCC 4A.10.100 and 4A.10.110.

D.    The administrative fee, in addition to the actual impact fees, shall be paid by the applicant to the County at the same time as the impact fee is paid.

(Ord. 2018-71s § 2 (part), 2018; Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

4A.10.150 Severability. Revised 3/18

If any provision of this Title or its application to any person or circumstance is held invalid or unenforceable for any reason, the remainder of this regulation or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006; Ord. 96-105S2 § 1 (part), 1996)

4A.10.160 Existing Authority Unimpaired. Revised 3/18

Nothing in this Title shall preclude the County from requiring the applicant to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW governing plats and subdivisions; provided, that, the exercise of this authority is consistent with the provisions of Chapter 43.21C RCW and Chapter 82.02 RCW. (Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006)

4A.10.170 Administrative Guidelines. Revised 3/18

The County Engineer shall be authorized to adopt internal guidelines for the administration of traffic impact fees, which may include the adoption of a procedures guide for traffic impact fees. (Ord. 2016-51s § 1 (part), 2016; Ord. 2006-60s § 1 (part), 2006)