CHAPTER 5
PARKS IMPACT FEE
SECTION:
3-5-1: Authority And Purpose
3-5-2: Fee
3-5-3: Adjustment Of Fees If Subdivider Dedicates Parks To City
3-5-4: Use Of Fees
3-5-5: Refunds
3-5-6: Relationship To SEPA
3-5-7: Relationship To Concurrency
3-5-8: Collection
3-5-1 AUTHORITY AND PURPOSE:
A. This chapter is enacted pursuant to, as now enacted or hereafter amended, the city’s police powers, the Growth Management Act, the enabling authority in chapter 82.02 RCW, chapter 58.17 RCW relating to platting and subdivisions, and the State Environmental Policy Act.
B. The purpose of this chapter is to:
1. Develop a parks impact fee program consistent with the Roy comprehensive plan for joint public and private financing of parks improvements necessitated by development;
2. Ensure adequate levels of parks service consistent with the comprehensive plan; and
3. Create a mechanism to fairly collect fees to ensure that all new development bears its proportionate share of the capital costs of parks facilities.
C. This chapter shall be liberally construed to carry out its purpose in the interests of the public health, safety and welfare. (Ord. 774, 10-23-2006; Ord. 926, 6-8-2015)
3-5-2 FEE:
A. For each new residential dwelling unit permitted in the city, the permit applicant shall, at the time that the applicable building permit is ready for issuance, pay a parks impact fee as set forth in the City of Roy Fee Schedule.
B. The above stated impact fee shall be adjusted in accordance with changes to the parks element of the city’s capital facilities plan.
C. If the city amends the cost estimates or financial mechanisms established in the parks element of the comprehensive plan, the parks impact fee shall be adjusted if necessary to ensure that the fee does not exceed the true per dwelling unit cost to the city of meeting the parks level of service standard.
D. The city clerk-treasurer, with the approval of the city council, may adjust the impact fee to consider unusual circumstances to ensure that impact fees are imposed fairly.
E. The city clerk-treasurer, with the approval of the city council, may adjust the impact fee to consider studies and data submitted by the developer to adjust the amount of the fee. (Ord. 774, 10-23-2006; Ord. 926, 6-8-2015)
3-5-3 ADJUSTMENT OF FEES IF SUBDIVIDER DEDICATES PARKS TO CITY:
If a subdivider of land desires to dedicate to the general public any land and/or facilities for recreational purposes, and if said land or facilities satisfies a specific recreational need as identified in the parks element of the comprehensive plan, and if the size, location, developability, and other characteristics of said land or facilities comply with that portion of the parks element entitled "satisfying the deficits", then the city may accept such dedication and credit toward the parks impact fee to be paid by future builders of homes in said subdivision an amount representing that housing unit’s pro rata share of the fair market value of the land and/or facilities dedicated to the public. (Ord. 774, 10-23-2006)
3-5-4 USE OF FEES:
A. Fees collected pursuant to this chapter shall be placed in an account to be used only to finance capital improvements specified in the parks element of the city comprehensive plan.
B. For the purpose of this chapter, the entire city shall be considered one (1) service area.
C. Parks impact fees shall be expended or encumbered within ten (10) years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than ten (10) years. (Ord. 774, 10-23-2006; Ord. 926, 6-8-2015)
3-5-5 REFUNDS:
The impact fee administrator may refund a parks impact fee if the respective dwelling unit is not built, and the applicant submits a timely request for refund. (Ord. 774, 10-23-2006)
3-5-6 RELATIONSHIP TO SEPA:
The city may require impact mitigation in addition to the parks impact fee if necessary to mitigate further adverse parks impacts identified pursuant to SEPA. Nothing in this chapter shall be construed to limit the city’s authority to deny building permits when a proposal would result in significant adverse environmental impact. (Ord. 774, 10-23-2006)
3-5-7 RELATIONSHIP TO CONCURRENCY:
Payment of the parks impact fee shall not constitute a determination of concurrency. (Ord. 774, 10-23-2006)
3-5-8 COLLECTION:
A. Except as provided in section 3-5-2A, the impact fee imposed under this chapter shall be due and payable at the time of issuance of a building permit.
B. Impact fee payments may be deferred for single-family detached and attached residential construction until the city conducts a final building inspection as authorized by RCW 82.02.050(3). In order to defer the payment of impact fees as required by this chapter, all applicants and/or legal owners of the subject property upon which the development activity is to occur must sign an impact fee deferral agreement in a form acceptable by the city attorney. The impact fee deferral agreement shall require the applicant to grant and record an impact fee lien as required by RCW 82.02.050(3)(c) prior to issuance of the building permit. The city shall withhold final building inspection approval, issuance of a certificate of occupancy, and any other equivalent final certification until the deferred impact fees have been paid in full. The term of an impact fee deferral shall not exceed eighteen (18) months.
In the event that the fees are not paid within the time provided in this subsection, the city shall commence foreclosure proceedings under the process set forth in chapter 61.12 RCW, except as may be revised herein. The then-present owner shall also pay the city’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the city shall not commence foreclosure proceedings less than thirty (30) calendar days prior to providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty (30) day cure period, no attorney fees and/or costs will be owed. In addition, the city retains its full authority to withhold inspections and to suspend, revoke or refuse to issue occupancy and other building permits and to commence enforcement actions due to nonpayment of impact fees. (Ord. 1005, 10-24-2022)