Chapter 21.20
IMPACT FEES

Sections:

21.20.001    Short title.

21.20.005    Statutory authority.

21.20.010    Findings – Studies.

21.20.015    Definitions.

21.20.020    Assessment of impact fees.

21.20.030    Exemptions.

21.20.040    Impact fee credits and adjustments.

21.20.050    Adjustment.

21.20.060    Appeals.

21.20.070    Establishment of impact fee accounts for streets, parks and schools.

21.20.080    Refunds.

21.20.090    Use of funds.

21.20.100    Review of impact fees.

21.20.110    Establishment of service areas.

21.20.120    Park impact fees.

21.20.130    Street impact fees.

21.20.140    School impact fee.

21.20.150    Independent fee calculation.

21.20.155    Repealed.

21.20.160    Existing authority unimpaired.

21.20.170    Severability.

21.20.001 Short title.

The ordinance codified in this chapter may be referred to or cited as “City of Puyallup Impact Fee Ordinance.” (Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.005 Statutory authority.

This chapter is enacted pursuant to Chapter 17, Laws of 1990, 1st Ex. Sess., Chapter 36.70A RCW, et seq., Chapter 32, Laws of 1991, 1st Sp. Sess., Chapter 82.02 RCW, et seq., Chapter 219, Laws of 1992, and Chapter 6, Laws of 1993, 1st Sp. Sess., as now in existence or as hereafter amended. (Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.010 Findings – Studies.

The city finds and declares that new growth and development, including but not limited to new residential, commercial, manufacturing/industrial, retail, and office development in the city of Puyallup, will create increased demand on public facilities, and further finds that growth and development should pay a proportionate share of the cost of such planned facilities needed to serve that growth and development activity. The city of Puyallup has conducted extensive studies documenting the procedures for measuring the impact of new development on public facilities. Therefore, pursuant to Chapter 82.02 RCW, the city council adopts this chapter to assess road, park, and school impact fees. The provisions of this chapter shall be liberally construed in order to carry out the purpose of establishing the city of Puyallup impact fee program. (Ord. 3142 § 1, 2017; Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.015 Definitions.

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

(1) “Building permit” means a permit authorized pursuant to PMC Title 17 for new construction or addition. The term “building permit,” as used herein, shall not be deemed to include permits required for the remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure; provided, there is no increase in the number of dwelling units resulting therefrom.

(2) “Capital facilities” means the facilities or improvements included in the most recent city of Puyallup capital facilities plan.

(3) “Capital facilities plan” or “CFP” means the most recent capital facilities plan element of a comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended and adopted by the city council.

(4) “City” means the city of Puyallup.

(5) “City council” means the city council of the city of Puyallup.

(6) “Comprehensive plan” means the most recent city of Puyallup comprehensive plan as adopted by the city council.

(7) “Director” means the administrator of the department of development services of the city, or the administrator’s designated representative.

(8) “Development activity” means any construction or expansion of residential, commercial, industrial, institutional or public building, structure, or use, any change in use of a building or structure or any change in the use of land that creates additional demand or need for public facilities.

(9) “Duplex” means a building used exclusively for occupancy by two families (including their guests, servants, and employees) and containing two dwelling units. For the purpose of impact fee calculation, duplexes shall be considered equivalent to multiple-family.

(10) “Dwelling unit” means a building meeting the requirements of the International Building Code or portions thereof used exclusively for residential purposes, including single-family, two-family and multiple-family dwellings, but not including hotels and motels, lodging houses, rooming houses, clubs and fraternity houses.

(11) “Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau including any government entity or municipal corporation commencing a development activity which creates the demand for planned facilities, and which requires development approval and/or the issuance of a building permit. “Feepayer” includes an applicant for impact fee credit.

(12) “Hearing examiner” means the hearing examiner who acts on behalf of the city in considering and applying land use regulatory codes as provided for in the Puyallup Municipal Code.

(13) “Impact fee” means a fee levied pursuant to this chapter as a condition of issuance of a building permit. “Impact fee” does not include a reasonable permit fee, an application fee, an administrative 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 this chapter.

(14) “Impact fee schedule” means the fee to be charged as provided for in PMC 21.20.120, 21.20.130, and 21.20.140, as computed in the pertinent rate study.

(15) “Independent fee calculation” means the road, park or school impact calculation prepared by a feepayer to support the assessment amount of an impact fee different from the amount derived from use of the impact fee schedules.

(16) “Municipal code” means the municipal code of the city of Puyallup.

(17) “Multiple-family” means a detached or attached building and containing two or more dwelling units. For impact fee calculations this will include duplexes, triplexes, fourplexes, apartments, townhouses, retirement apartments and accessory dwelling units. Congregate care facilities, nursing homes and other types of assisted care facilities are not considered to be “multiple-family” for the purpose of this chapter.

(18) “Open space” means any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved from normal development and may contain environmental, geological or ecological sensitive or critical areas. These areas may contain limited trails, viewpoints or interpretive signage.

(19) “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.

(20) “Park” means those dedicated park lands, developed parks and associated improvements so designated in the parks, open space and recreation element of the city of Puyallup comprehensive plan.

(21) “Park land, dedicated” means any undeveloped or underdeveloped parcel or area of land or water that is controlled by the city of Puyallup for the intent of future park development and contained in the Dedicated Parks and Recreation Land Inventory.

(22) “Park, developed” means any parcel or area and the improvements on those areas controlled by the city of Puyallup that have been designated for public passive or active recreational use.

(23) “Park impact fee” means the impact fee designated to assist in funding for acquisition and development of publicly owned parks and outdoor recreational facilities.

(24) “Project” means a development with the necessary site improvements on a specific parcel of land.

(25) “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project, and are not system improvements. An improvement or facility included in a capital facilities plan approved by the city shall not be considered a project improvement.

(26) “Public facilities” means the following capital facilities planned, owned or operated by the city of Puyallup or other governmental entities: publicly owned roads, streets, or other rights-of-way, parks, dedicated park lands, recreational facilities, and schools and school facilities.

(27) “Rate study” means the most recent reports of the methodology and calculations of impact fees for parks, roads, and schools.

(28) “Road” and “street” mean any public right-of-way and may be used interchangeably with each term given the same meaning when used in this chapter.

(29) “Street impact fee” means the impact fee designated to assist in the funding for acquisition and development of roads, streets, and other rights-of-way needed to serve new growth and development, to be owned and maintained, unless as otherwise agreed upon with the developer, by the city of Puyallup.

(30) “School” means a publicly-funded educational facility providing educational services to children in grades kindergarten through 12 when operated by a school district established under Washington State law.

(31) “School district” means a public special service district established under Washington State law which provides school facilities and educational programs within the city of Puyallup and/or its adopted urban growth area and whose capital facilities plan has been adopted as part of the city of Puyallup comprehensive plan.

(32) “School impact fee” means the impact fee designated to assist in the funding for acquisition and development of school facilities needed to serve new growth and development, to be owned and operated by a school district.

(33) “Service area” means a specific geographic area in which a set of defined public facilities provide service to development within that area. Service areas may be separately described for each type of public facility. Service areas adjoining an urban growth boundary shall automatically be adjusted to conform with any change in such boundary. Areas of annexation shall be included in the most similar contiguous service area until the next annual review of the capital facilities plan element of the comprehensive plan.

(34) “Single-family” means a detached building which meets the requirements of the Uniform Building Code or portions thereof and is used exclusively for occupancy by one family (including their guests, servants, and employees) and containing one dwelling unit.

(35) “Structure” means anything constructed or erected which requires location on or in the ground or attachment to something having a location on or in the ground. “Structure” shall include any kind of building, porch, pier, column, post, sign, or billboard.

(36) “System improvement” means public facilities that are included in the city of Puyallup capital facilities plan and are designed to provide service within the community at large, in contrast to project improvements.

(37) “Urban growth area” means the geographic area established by the comprehensive plan or as amended. (Ord. 3142 § 2, 2017; Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.020 Assessment of impact fees.

(1) The city shall collect impact fees, based on the rates established in this chapter, from any applicant seeking a development permit from the city for any development within the city, where such development requires the issuance of a building permit. This shall include, but is not limited to, the development of residential, commercial, retail, and office 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.

(2) For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use.

(3) 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 this chapter.

(4) Applicants seeking an occupancy permit for a change in use shall be required to pay a street impact fee.

(5) Impact fees shall be paid prior to the issuance of a project’s building permit(s); provided, that in the case of a single-family attached or detached residential unit that is constructed, the applicant may elect to pay impact fees at the time of said unit’s final building permit inspection by signing a recordable instrument against title to the property and therein agreeing that the impact fees shall be paid at the time of final inspection to the city, but in no event later than 18 months from the date of building permit issuance. The amount of impact fees that may be deferred is determined by those fees in effect at the time the applicant applies for a fee deferral. The city shall withhold any certification of final inspection or related authorization to occupy said residential unit until the deferred impact fees have been paid in full. For purposes of implementing this fee deferral program, the term “single-family attached residential unit” shall refer to accessory dwelling units and/or duplex units, as defined in PMC 20.15.005.

(6) Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to PMC 21.20.040 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to PMC 21.20.040 including, but not limited to, the dollar amount of the credit awarded and the reason for the credit. Impact fees, as determined after the application of appropriate credits, shall be paid for each unit in a development, in accord with the terms of this section.

(7) Applicants opting to delay payment of impact fees shall pay a processing fee of $240.00 at the time of electing to delay payment, and any recording or related fees or costs. The city shall provide the applicant with the recordable instrument form(s) which the property owner(s) shall fill in with complete and accurate information necessary for recording of said instrument(s). The applicant shall be responsible for recording the lien prior to permit issuance, and removing the lien at the time of or prior to final inspection, at his or her expense. No permit for an applicant seeking impact fee payment deferral will be issued prior to payment of the processing fee and the city receiving proof of the recording of an instrument securing payment with the Pierce County auditor. If impact fees are not paid in accordance with the terms established herein, the city and/or Puyallup School District may institute foreclosure proceedings in accordance with applicable statutes.

(8) The option to delay payment of impact fees shall only be applicable to impact fees assessed by the city, and shall be available to applicants who file a complete building permit application after this subsection becomes effective pursuant to law, or to applicants who have previously filed a complete building permit application, but where a building permit has not yet been issued. Each applicant for a single-family attached or detached residential building permit, in accordance with his or her contractor registration number or other unique identification number, is entitled to receive deferrals under this code provision only for the first 20 single-family residential building permits issued per calendar year. For purposes of implementing this fee deferral annual limit, the term “applicant” shall include any entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant. (Ord. 3117 § 1, 2016; Ord. 2988 § 2, 2011; Ord. 2965 § 3, 2010; Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.030 Exemptions.

(1) The following shall be exempt from the required payment of impact fees:

(a) Alteration, expansion, enlargement, remodeling or rehabilitation of an existing dwelling unit where no additional units are created and the use is not changed; or

(b) Miscellaneous improvements, including, but not limited to, fences, walls, decks, drives, walkways, docks and piers; or

(c) Demolition of a structure; or

(d) Replacement of a previously demolished structure with the same number of dwellings which previously occupied the property, provided the demolition occurred no greater than six years prior to the date of application for a building permit; or

(e) Home occupations; or

(f) Any development by the city of Puyallup.

(2) Nonresidential new development will not be charged a park or school impact fee; provided, that a nonresidential development may still be required to dedicate land, or, based on the director’s written findings, an equivalent in-lieu payment for parks or schools under the State Environmental Policy Act, Chapter 43.21C RCW. Notwithstanding the foregoing, all new developments within the manufacturing zones shall be charged a park impact fee.

(3) Congregate living facilities and nursing homes shall be exempt from payment of park and school impact fees. Affordable retirement apartments shall be exempt from the payment of school impact fees only.

The director is authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedure set forth in PMC 21.20.060. (Ord. 3142 § 3, 2017; Ord. 3073 § 37, 2014; Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2681 § 1, 2001; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.040 Impact fee credits and adjustments.

The feepayer shall be entitled to a credit against the applicable impact fee component for the present value of any dedication of land for, improvements to, or new construction of any public facilities, roads, streets, or other rights-of-way, park, or school system improvement provided by the development applicant to facilities that are identified in the capital facilities plan or any study justifying the impact fees imposed by this chapter and that are required as a condition of approval for the development proposal or any study justifying the impact fees imposed by this chapter.

The amount of the credit shall be determined no later than the time of application for the associated building permit. Any claim not so made shall be deemed to be waived.

Credit for dedication of land or improvements shall be based upon the cost assumptions contained within the capital facilities plan or any study justifying the impact fees imposed by this chapter, or established by an appraiser retained by the feepayer and approved by the department to determine the value of the dedicated land improvements or construction provided by the feepayer. The feepayer shall pay the cost of appraisal or any study justifying the impact fees imposed by this chapter.

After receiving the request for credit, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. If the accepted credit value is less than the calculated fee amount, the difference remaining shall be chargeable as an impact fee. In the event the amount of the credit is calculated to be greater than the amount of the impact fee due, the development applicant may apply such excess credit toward impact fees imposed on similar capital facilities for other developments within the same service area. Such credits are not transferable between applicants or service areas. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.050 Adjustment.

Pursuant to and consistent with the requirements of RCW 82.02.060, the impact fee schedules incorporated by reference in this chapter have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.060 Appeals.

(1) Any feepayer may pay the impact fee imposed by this chapter under protest in order to obtain development approval. Appeals regarding the impact fees imposed on any development activity may only be taken by the feepayer of the property where such development activity will occur. No appeals shall be permitted unless and until the impact fees at issue have been paid.

(2) The feepayer must first file a request for review regarding impact fees with the director as provided herein:

(a) The request shall be in writing;

(b) The request for review by the director shall be filed within 21 calendar days of the feepayer’s payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; and

(c) The director shall issue his/her determination in writing.

(3) The determination of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director’s decision with respect to the independent fee calculation or any other determination which the director is authorized to make pursuant to this chapter can be appealed to the hearing examiner as per Chapter 2.54 PMC.

(4) Appeals taken pursuant to Chapter 2.54 PMC shall be filed within 10 days of the director’s issuance of a written determination. Appeals shall be filed with the department of development services including a notice of appeal specifying the grounds thereof with payment of the filing fee as established by the city manager. The director shall transmit to the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.

(5) The department of development services shall fix a time for the hearing of the appeal and give notice to the parties in interest. The hearing examiner will decide the same as provided in PMC 2.54.110. At the hearing, any party may appear in person, by agent or by attorney.

(6) The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in PMC 2.54.150 through 2.54.170. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.070 Establishment of impact fee accounts for streets, parks and schools.

Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. The fees received shall be prudently invested in a manner consistent with investment policies of the city and school district.

There is hereby established a street impact fee account for the fees collected pursuant to this chapter. Funds withdrawn from this account must be used in accordance with the provisions of PMC 21.20.090. Interest earned on the fees shall be retained in the account and expended for the purpose for which the impact fees were collected.

There is hereby established a parks impact fee account for the fees collected pursuant to this chapter. Funds withdrawn from this account must be used in accordance with the provisions of PMC 21.20.090. Interest earned on the fees shall be retained in the account and expended for the purpose for which the impact fees were collected.

On an annual basis, the director of the finance department shall provide a report to the city council on the impact account showing the source and amounts of all moneys collected, earned or received and the public improvements that were financed in part by the impact fees.

The school district shall also establish a school impact fee account for all fees collected pursuant to this chapter. Funds withdrawn from this account must be used in accordance with the provisions of PMC 21.20.090. Interest earned on the fees shall be retained in the account and expended for the purpose for which the impact fee was collected. On an annual basis, the district shall provide a report to the city council on the impact account showing the source and amounts of all moneys collected, earned or received and the public improvements that were financed in part by the impact fees. The district shall also include within this report a disclosure of the difference between the maximum amount of funds that should be collected to meet needs (the “fee calculation”) and that actually collected (the “maximum fee obligation”) according to PMC 21.20.140.

Impact fees shall be expended or encumbered within six years of receipt, unless the city council or school district identifies in written findings an extraordinary and compelling reason or reasons for the city or district to hold the fees beyond the six-year period. Under such circumstances, the council or district shall establish the period of time within which the impact fees shall be expended or encumbered. A “first in, first out” basis will be used for determining which impact fees for each service area have been used or encumbered. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.080 Refunds.

If the city or school district fails to expend or encumber the appropriate impact fees within six years of when the fees were paid, or within such other time periods as established pursuant to PMC 21.20.070, the current owner(s) of the property on which impact fees have been paid may receive a refund of such fees.

The city or school district shall notify potential claimants by registered first class mail, postage paid, deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the legal owner of record for the property.

Owners seeking a refund of impact fees must submit a written request for a refund to the director of the finance department or school district within one year of the date that the right to claim the refund arises or the date that notice is given, whichever is later.

Any impact fee for which no application for a refund has been made within this one-year period shall be retained by the city or school district and expended on appropriate public facilities.

Refunds of impact fees under this section shall include interest earned on the impact fees. When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall notice 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 to the last known address of claimants. All funds available for refund shall be retained for a period of one year from the date of notice. At that time any remaining funds shall be retained by the city or school district, but must be expended for appropriate public facilities. If there are no funds in the terminated account, the notice action is not required. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.090 Use of funds.

Pursuant to this chapter:

(1) Impact fees collected for system improvements shall be used only in conformance with the most recent capital facilities plan adopted by the city council solely for those purposes and only in the service area from which they were collected.

(2) Impact fees shall not be used to eliminate or reduce background deficiencies in existing facilities serving existing developments.

(3) Impact fees shall not be used for maintenance or operation expenses.

(4) Impact fees may be spent for public improvements for planned facilities, including, but not limited to: planning; land acquisition; right-of-way acquisition; site improvements, necessary off-site improvements, construction, easement or access acquisition; engineering; permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, architectural design, and any other expenses which can be capitalized.

(5) Impact fees may also be used to recoup public improvement costs previously incurred by the city or district to the extent that the new growth and development activity will be served by the previously constructed improvements or incurred costs.

(6) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public 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. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.100 Review of impact fees.

The fee schedule and service area maps set forth in this chapter shall be reviewed and may be amended by the city council as it may deem necessary and appropriate in conjunction with the annual update of the capital facilities element of the city’s comprehensive plan. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.110 Establishment of service areas.

Service areas, which may vary by type of public facility, shall be included in the capital facilities element of the comprehensive plan for the city of Puyallup. The service area for roads and parks shall be considered to be the corporate limits of the city of Puyallup. The service area for schools shall be as defined in the capital facilities element of the comprehensive plan. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.120 Park impact fees.

The impact fees for parks are hereby established as follows:

Type of Development and Size of Development

Park Impact Fee

Unit

Residential

Less than 500 sq. ft.

$1,560.05

Per residential dwelling unit

Residential

500 – 999 sq. ft.

$2,313.53

Per residential dwelling unit

Residential

1,000 – 1,999 sq. ft.

$3,291.31

Per residential dwelling unit

Residential

2,000 or more sq. ft.

$4,017.30

Per residential dwelling unit

Manufacturing*

$0.87

Per square foot

*    This shall include all manufacturing uses as provided for in PMC 20.35.010 or similar manufacturing uses.

(Ord. 3142 § 4, 2017; Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.130 Street impact fees.

The impact fee schedule for streets shall be calculated using the formula contained within the rate study for impact fees for roads prepared by Henderson, Young & Company, dated November 8, 2007, and shall be assessed at $4,500 per p.m. peak hour trip. (Ord. 2893 § 1, 2007; Ord. 2837 § 1, 2005).

21.20.140 School impact fee.

There is hereby imposed a school impact fee of $3,005 for each dwelling unit. Effective January 1, 2011, and each January 1st thereafter, said fee shall increase in an amount equal to the percentage increase in Consumer Price Index for the Seattle/Tacoma/Bremerton Standard Metropolitan Statistical Area. The most recently published index shall be used to adjust the fee obligation for the following year and each year thereafter. Each year, the adjustment, if any, shall be administratively implemented by the development services director or his designee. The timing for payment of the school impact fee shall be in accordance with the provisions of PMC 21.20.020. (Ord. 2956 § 1, 2010).

21.20.150 Independent fee calculation.

(1) If, in the judgment of the director, none of the fee categories or fee amounts set forth or established in this chapter accurately describe or capture the impacts of a new development on parks, roads, or other public facilities, the department of development services may prepare independent fee calculations and the director 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 feepayer.

(2) A feepayer may elect to have impact fees determined according to PMC 21.20.120, 21.20.130, or 21.20.140. If the feepayer does so, she or he shall execute an agreement in a form satisfactory to the city attorney waiving the feepayer’s right to an independent fee calculation provided for in this section. In the alternative, if a feepayer opts not to have the impact fees determined according to PMC 21.20.120, 21.20.130, or 21.20.140, the feepayer may elect an independent fee calculation for the development activity for which a building permit is sought. In that event, the feepayer may prepare and submit his/her own independent fee calculation using a city-approved consultant or engineer, or may request that the city or its designee prepare an independent fee calculation and reimburse the city as provided by this section. Consultants or engineers selected by the city to prepare the independent fee calculation shall not:

(a) Act as agents for the feepayer in preparation or acquisition of associated underlying permits; or

(b) Have a financial interest in the proposed development for which the impact fee is being assessed; or

(c) Perform any work or provide any services for the feepayer in connection with or related to the proposed development; or

(d) Perform, contract for, or agree to perform any other work or provide any other services for the feepayer while working on the independent fee calculation.

The feepayer must make the election between fees calculated under PMC 21.20.120, 21.20.130, or 21.20.140 and an independent fee calculation prior to issuance of the building permit for the development. If the feepayer elects to prepare its own independent fee calculation, the feepayer must submit documentation showing the basis upon which the independent fee calculation was made.

(3) If a person other than the city is preparing the independent fee calculation, the director shall:

(a) Review and approve the scope of work;

(b) Coordinate any areas of research and examination to be undertaken, as well as the organization of the resulting document;

(c) Meet with the persons preparing the independent fee calculation and review draft sections of the independent fee calculation to assure the completeness, accuracy, and objectivity of the independent fee calculation;

(d) Allow any person preparing an independent fee calculation access to all relevant public records of the lead agency, pursuant to Chapter 42.17 RCW (Public Disclosure and Public Records Law);

(e) Assist in obtaining any information on file with another agency that is needed by the person preparing the independent fee calculation.

(4) Any feepayer electing an independent fee calculation shall be required to pay the city of Puyallup a fee to cover the cost of reviewing or preparing the independent fee calculation. The feepayer shall remit payment for the city’s review of the independent fee calculation prior to and as a precondition of the city’s issuance of the building permit.

(5) While there is a presumption that the calculations set forth in the parks study, the schools study, and the rate study for impact fees for roads are valid, the director shall consider the documentation submitted by the feepayer and the analysis prepared by school district, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may modify or deny the request, or, in the alternative, require the feepayer or the school district to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The director’s decision shall be set forth in writing and shall be mailed to the feepayer, and with respect to school impact fees, to the superintendent or his/her designee of the school district.

(6) Determinations made by the director pursuant to this section may be appealed to the office of the appellate hearing examiner subject to the procedures set forth in Chapter 2.54 PMC. (Ord. 2837 § 1, 2005; Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.155 Independent fee calculation – Schools.

Repealed by Ord. 2837. (Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997).

21.20.160 Existing authority unimpaired.

Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity 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; provided, that the exercise of this authority is consistent with the provisions of RCW 82.02.050(1)(c). (Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).

21.20.170 Severability.

If any portion of this chapter is found to be invalid or unenforceable for any reason, such findings shall not affect the validity or enforceability of any other section of this chapter. (Ord. 2734 § 1, 2002; Ord. 2728 § 1, 2002; Ord. 2505 § 1, 1997; Ord. 2480 § 1, 1996).