Ordinance 4037ORDINANCE NO.4037
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY' S IMPACT FEE
REGULATIONS TO ADD A DEFERRAL SYSTEM FOR
IMPACT FEES CHARGED TO SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AND CONSOLIDATING
THE TWO IMPACT FEE CHAPTERS INTO ONE CHAPTER.
WHEREAS, the Washington state legislature amended the state laws regarding impact
fees in 2015 by passing ESB 5923; and
WHEREAS, ESB 5923 requires cities collecting impact fees to adopt, by September 1,
2016, and maintain a system for the deferred collection of impact fees for single-family
residential construction; and
WHEREAS, this ordinance is intended to satisfy the requirements of ESB 5923; and
WHEREAS, city staff is recommending that the city's impact fee regulations be re -
codified so that the two types of impact fees (streets and parks) may be found at the same place
in the code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 3.36 of the Edmonds City Code, entitled "Park Impact Fees," is
hereby amended to be entitled "Impact Fees," and to read as set forth in Attachment A hereto,
which is incorporated herein by this reference as if set forth in full (new text is shown in
underline; deleted text is shown in stvike gffeugh).
Section 2. Chapter 18.82 of the Edmonds Community Development Code, entitled
"Traffic Impact Fees," is hereby repealed as the substance of that chapter was moved to the
amended chapter 3.36 ECC as provided above.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
AN" ()VI:[):
MAYOR DAVE EARLING IN
ATTEST/AUTHENTICATED:
:S�7"
CIT CLERK, SCO ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY ~
FILED WITH THE CITY CLERK: July 1, 2016
PASSED BY THE CITY COUNCIL: July 5, 2016
PUBLISHED: July 10, 2016
EFFECTIVE DATE: July 15, 2016
ORDINANCE NO. 4037
SUMMARY OF ORDINANCE NO.4037
of the City of Edmonds, Washington
On the 5th day of July, 2016, the City Council of the City of Edmonds, passed Ordinance
No. 4037. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY'S IMPACT
FEE REGULATIONS TO ADD A DEFERRAL SYSTEM
FOR IMPACT FEES CHARGED TO SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AND
CONSOLIDATING THE TWO IMPACT FEE
CHAPTERS INTO ONE CHAPTER.
The full text of this Ordinance will be mailed upon request.
DATED this 6th day of July, 2016.
CI CLE ,SCO PA OEY
K3
ATTACHMENT A
Chapter 3.36
PARK IMPACT FEES
Sections:
3.36.010
Findings and authority.
3.36.020
Definitions.
3.36.030
Assessment and payment of impact fees.
3.36.040
Exemptions.
3.36.050
Credits.
3.36.060
Tax adjustments.
3.36.070
Appeals.
3.36.080
Establishment of impact fee accounts.
3.36.090
Refunds.
3.36.100
Use of funds.
3.36.110
Review.
3.36.120
Park impact fee rates.
3.36.125
Street impact fee rates.
3.36.130
Independent fee calculations.
3.36.140
Existing authority unimpaired.
3.36.150
Procedures guide.
3.36.160
Deferral system for single-family residences.
3.36.010 Findings and authority.
The city council of the city of Edmonds (the "council") hereby finds and determines
that new growth and development in the city of Edmonds will create additional
demand and need for public facilities in the city of Edmonds, and the council finds
that new growth and development should pay a proportionate share of the cost of
new facilities needed to serve the new growth and development.
The city of Edmonds has conducted extensive studies documenting the procedures
for measuring the impact of new developments on public facilities, has prepared the
rate study and procedures guide for park impact fees, has prepared the rate study
and procedures guide for transportation impact fees, and hereby incorporates these
studies into this title by reference and hereby incorporates there studies into this
title by reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts the
ordinance codified in this chapter to assess impact fees for parks and streets. The
provisions of this chapter shall be liberally construed in order to carry out the
purposes of the council in establishing the impact fee program. These fees can and
will only be applied to projects resulting from city-wide development growth. These
fees cannot be used to mitigate existing shortfalls of the park system or street
system. [Ord. 3934 § 1 (Exh. A), 2013].
3.36.020 Definitions.
The following words and terms shall have the following meanings for the purposes
of this chapter unless the context clearly requires otherwise. Terms otherwise not
defined herein shall be defined pursuant to RCW 82.02.090 and ECDC Title 21 or
given their usual and customary meaning.
A. "Accessory dwelling unit" is defined in ECDC 21.05.015.
B. "Building permit" means an official document or certification which is issued by
the building official and which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving
or repair of a building or structure.
C. "Capital facilities plan" means the capital facilities plan element of a
comprehensive plan adopted by the city of Edmonds pursuant to Chapter 36.70A
RCW, and such plan as amended. There are many references in state statutes to the
"capital facilities plan" (CFP) as the basis for projects that are eligible for funding by
impact fees. The parks element of the city of Edmonds comprehensive plan fulfills
the requirements of RCW 82.02.050 et seq., pertaining to a "capital facilities plan,"
and is considered to be the "capital facilities plan" (CFP) for the purpose of
Edmonds' impact fees for parks. The transportation element of the city of Edmonds
comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to
a "capital facilities plan," and is considered to be the "capital facilities plan" (CFP) for
the purpose of Edmonds' impact fees for streets. Al-Wenendin on the context,
references to a CFP in the impact fee chapter, rate study, and procedures guide are
interpreted as referring to either the parks element of the city of Edmonds
comprehensive plan: or the transportation element of the city of Edmonds
comprehensive plan, including the projects eligible for impact fees listed in
Appendix C of the procedures guide for the transportation impact fees.
D. "City" means the city of Edmonds.
E. "Council" means the city council of the city of Edmonds.
F. "Department" means the development services department.
G. "Development activity" means any construction, expansion, or change in the use
of a building or structure that creates additional demand and need for public
facilities.
H. "Development approval" means any written authorization from the city of
Edmonds which authorizes the commencement of a development activity.
I. "Director" means the director designed by the mayor to administer the pa*
impact fee program or that director's designee.
J. "Dwelling unit" is defined in ECDC 21.20.050.
K. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees
in order to pay for commitments, contractual obligations, or other liabilities
incurred for public facilities.
L. "Feepayer" is a person, corporation, partnership, an incorporated association, or
any other similar entity, or department or bureau of any governmental entity or
municipal corporation commencing a land development activity which creates the
demand for additional capital facilities, and which requires the issuance of a
building permit. "Feepayer" includes an applicant for an impact fee credit.
M. Reserved.
N. "Hearing examiner" is defined in ECDC 21.40.010.
0. "Impact fee" means a payment of money imposed by the city of Edmonds on
development activity pursuant to this chapter as a condition of granting
development approval in order to pay for the public facilities needed to serve new
growth and development. "Impact fee" does not include a reasonable permit fee, an
application fee, the administrative fee for collecting and handling school impact fees,
the cost of reviewing independent fee calculations or any other charge or fee based
upon the administrative costs of processing a development application.
P. "Impact fee account" or "account" means the account(s) established for each type
of public facility for which impact fees are collected. The accounts shall be
established pursuant to ECC 3.36.080 and 3.36.090 and comply with the
requirements of RCW 82.02.070.
Q, "Independent fee calculation" means the pafk--impact tee calculation and/or
economic documentation prepared by a feepayer to support the assessment of an
impact fee other than by the use of the rates listed in ECC 3.36.120 and ECC
3.36.125or the calculations prepared by the director where none of the fee
categories or fee amounts in ECC 3.36.120 and ECC 3.36.125 accurately describe or
capture the impacts of the new development on public facilities.
R. "Interest" means the average interest rate earned in the last fiscal year by the city
of Edmonds.
S. Reserved.
T. "Occupancy permit" means the permit issued by the city of Edmonds authorizing
the building to be occupied where a development activity results in a change in use
of the preexisting structure, or the creation of a new use where none previously
existed.
U. "Owner" means the owner of record of real property, or a person with an
unrestricted written option to purchase 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.
V. "Procedures guide" means the administrative guidance document prepared by the
director pursuant to ECC 3.36.150.
W. "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. No improvement or facility included in a capital
facilities plan adopted by the council shall be considered a project improvement.
X. "Public facilities" means the public parks, open space and recreation facilities
owned by the city of Edmonds or other governmental entities in the context of the
park impact fee and means the public streets and roads owned by the city of
Edmonds or other governmental entities in_the context of the street impact.
Y. "Rate study" means the "Rate Study for Impact Fees for Parks, Open Space and
Recreation Facilities," city of Edmonds, dated July 12, 2013 in the context of the park
impact fee and means the "Rate Study for Impact Fees for Roads," city of Edmonds.
dated October 29. 2009 in the context of the street impact fee.
Z. "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, and other multifamily development. This also includes the
residential portion of mixed -use developments.
AA. Reserved.
BB. "Service area" means the entire corporate limits of the city of Edmonds.
CC. "Significant past tax payment" means taxes exceeding five percent of the amount
of the impact fee, and which were paid prior to the date the impact fee is assessed
and were earmarked or proratable to the same system improvements for which the
impact fee is assessed.
DD. Reserved.
EE. "State" means the state of Washington.
FF. Reserved.
GG. "System improvements" means public facilities that are included in the city of
Edmonds capital facilities plan and are designed to provide service to service areas
within the community at large, in contrast to project improvements. [Ord. 3934 § 1
(Exh. A), 20131.
3.36.030 Assessment and payment of impact fees.
A. Required. The city shall collect impact fees, based on the rates in ECC3 36.120
and ECC_3.36_;125, From any applicant seeking development approval from the city
for any development activity within the city as provided herein, including the
expansion of existing structures or uses or change of existing uses that creates
additional demand for public facilities.
1. For the purposes of this chapter, development activity shall not include
miscellaneous improvements that do not add any demand for public facilities,
including, but not limited to, fences, walls, swimming pools accessory to a
residential use, and signs.
2. For the purposes of this chapter, development activity shall not include
replacement of a residential structure with a new residential structure of the same
type at the same site or lot when such replacement occurs within 12 months of the
demolition or destruction of the prior residential structure. Replacement of a
residential structure with a new residential structure of the same type shall be
interpreted to include any residential structure for which there is no increase in the
number of residential units.
3. For the purposes of this chapter, development activity shall not include
alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an
existing dwelling unit where no additional dwelling units are created and the use is
not changed. Note: accessory dwelling units (ADU) are not considered to create
additional dwelling units because ECDC 20.21.020 does not consider ADUs as
increasing the overall density of a single-family residential neighborhood.
B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the paFk
impact fee rates in effect at the time of issuance of the building permit, including but
not limited to change of use permit or remodel permit.
1. 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 new use, less an amount equal to the applicable
impact fee for the prior use.
2. 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 ECC 3.36.120 and ECC 3.36.125.
3. Where the impact fees imposed are determined by the square footage of the
development, the building official will establish the gross floor area created by the
proposed development.°e,�erwed
4. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ECC 3.36.050 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by
the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit
awarded.
S. Applicants shall pay an administrative fee that covers the cost of staff time in
administering the impact fee program. The amount of the administrative fee shall be
established and updated from time to time by resolution of the city council.
C. Payment. Unless deferred pursuant to ECC 3.36.160. limpact fees shall be paid at
the time the building permit or business license is issued by the city. The
department shall not issue the required building permit or business license or other
approval unless and until the impact fees set forth in ECC 3.36.120 and ECC 3.36.125
have been paid in the amount that they exceed exemptions or credits provided
pursuant to ECC 3.36.040 or 3.36.050, PR0VIDED THAT building12ermits may be
issued without impact fee payment when payment is deferred in accordance with
ECC 3,36.160. [Ord. 3934 § 1 (Exh. A), 2013].
3.36.040 Exemptions.
A. Except as provided for below the following shall be exempted from the payment
of all impact fees under this chapter:
1. Alteration of an existing nonresidential structure that does not involve a change
in use and does not expand the usable space or add any residential units
2. Miscellaneous improvements that do not expand usable space or add any
residential units, including,but not limited to, fences, walls, swimming pools. and
'Si I1S;
3. Demolition or moving of a_structureo
4. Expansion of an existing structure that results in the addition of 100 square feet
or less of gross floor area:
5. Replacelent of a structure with a new structure of the same size and use at the
same site or lot when such replacement occurs within 12 months of the demolition
or destruction of the prior structure. Replacement of a structure with a new
structure of the same size shall be inter preted_to include_any structure For which the
gross square footage of the building will not be increased by tiiore than 100 square
Feet, or
6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of
an existing dwelling unit where no additional dwelling units are created and the use
is not changed [Aecess«ry dwelling units LAD ) are not considered to create
additional dwelling units because ECDC 20.21.020 does not consider ADUs as
increasing the overall density of a single-family residential neighborhood. and
because the ciVs traffic model does not assign additional trips to the network as a
result ofADUs.1.
B. � Except as provided for below, the following shall be exempted from the
payment of afl-park impact fees under this chapter:
1. Low-income housing provided by nonprofit organizations such as, but not limited
to, Habitat for Humanity. Owners of low-income single-family dwelling units,
condominiums and other low-income housing shall execute and record a lien
against the property, in favor of the city, for a period of 10 years guaranteeing that
the dwelling unit will continue to be used for low-income housing or that impact
fees from which the low-income housing is exempted, plus interest, shall be paid.
The lien against the property shall be subordinate only to the lien for general taxes.
In the event that the development is no longer used for low-income rental housing,
the owner shall pay the city the impact fee from which the owner or any prior
owner was exempt, plus interest at the statutory rate. Any claim for an exemption
for low-income owner occupied housing must be made no later than the time of
application for a building permit. Any claim not so made shall be deemed waived.
RC. The director shall be 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 procedures set forth in ECC 3.36.070. [Ord. 3934 § 1
(Exh. A), 2013].
3.36.050 Credits,
A. Pursuant to the requirement of RCW 82.02.060(4), a feepayer shall be entitled to
a credit for the value of any dedication of land for, improvement to, or new
construction of any pa+ -system improvements provided by the feepayer, to
facilities that are identified in the capital facilities plan and that are required by the
city as a condition of approving the development activity.
B. The director shall determine if requests for credits meet the criteria in subsection
(A) of this section.
C. For each request for a credit or credits, the director shall select an appraiser or
the feepayer may select an independent appraiser acceptable to the director.
D. The appraiser must be prequalified by the city and shall not have a fiduciary or
personal interest in the property being appraised. A description of the appraiser's
certification shall be included with the appraisal, and the appraiser shall certify that
he/she does not have a fiduciary or personal interest in the property being
appraised.
E. The appraiser shall be directed to determine the total value of the dedicated land,
improvements, and/or construction provided by the feepayer on a case -by -case
basis.
F. The feepayer shall pay for the cost of the appraisal or request that the cost of the
appraisal be deducted from the credit which the director may be providing to the
feepayer, in the event that a credit is awarded.
G. After receiving the appraisal, the director 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 director 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.
H. No credit shall be given for project improvements required of the development by
city code and/or SEPA; only dedications in excess of those required by law are
eligible for credit. In no event shall this provision be interpreted to authorize cash
payment. Nothing herein shall be interpreted to limit the discretion of the city
council to decline to accept any proposed dedication.
I. A feepayer can request that a credit or credits for impact fees be awarded to
him/her for significant past tax payments. For each request for a credit or credits for
significant past tax payments for pawimpact fees, the feepayer shall submit
receipts and a calculation of past tax payments earmarked for or proratable to the
particular system improvement. The director shall determine the amount of credits,
if any, for significant past tax payments for public pawfacilities.
J. Any claim for credit must be made no later than 20 calendar days after the
submission of an application for a building permit. The failure to timely file such a
claim shall constitute a final bar to later request any such credit.
K. Determinations made by the director pursuant to this section shall be subject to
the appeals procedures set forth in ECC 3.36.070.
L. A feepayer may, in the alternative, appeal an assessment or mitigation
requirement which he believes exceeds the total which may lawfully be imposed.
See ECDC 18.50.020(C). [Ord. 3934 § 1 (Exh. A), 2013].
3.36.060 Tax adjustments.
Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study
has provided adjustments for future taxes to be paid by the new development which
are earmarked or proratable to the same new public facilities which will serve the
new development. The impact fee rates in ECC 3.36.120 and ECC 3.36.125 have been
reasonably adjusted for taxes and other revenue sources which are anticipated to be
available to fund public improvements. [Ord. 3934 § 1 (Exh. A), 2013].
3.36.070 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter under protest in
order to obtain a building permit.
B. Appeals regarding the amount of the impact fee imposed on any development
activity may only be filed by the feepayer of the property where such development
activity will occur. This provision shall control over any other provisions of city
ordinance.
C. The feepayer must first file a request for review regarding impact fees with the
director, as provided herein:
1. The request shall be in writing on the form provided by the city;
2. The request for review by the director shall be filed within 14 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;
3. An administrative fee will be imposed for the request for review by the director;
this shall be the same as that imposed for a request for reconsideration of a staff
decision;
4. The director shall issue his/her determination in writing within 14 days from the
receipt of a request for review.
D. Determinations 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 concerning the independent fee calculation which is authorized in ECC
3.36.130, or the fees imposed by the director pursuant to ECC 3.36.120 and ECC
3.36.125. or any other determination which the director is authorized to make
pursuant to this chapter, can be appealed to the hearing examiner.
E. The decision of the director may be appealed to the hearing examiner as a Type II
decision-;n�rr..,,.--;nce with Ghapter- jn nr T+'CDC [Ord. 3934 § 1 (Exh. A), 2013].
3.36.080 Establishment of impact fee accounts.
A. Impact fee receipts shall be earmarked specifically and deposited in special
interest -bearing accounts.
B. There is hereby established a separate impact fee account for the park impact fees
collected pursuant to this chapter, the park impact account. There is also hereby
established a separate impact fee account For the street impact fees collected
pursuant to this chapter, the street impact account. Funds withdrawn from t4s
theme -account must be used in accordance with the provisions of ECC 3.36.100 and
applicable state law. Interest earned on the fees shall be retained in the respective
accounts and expended for the purposes for which the impact fees were collected.
C. On an annual basis, the finance director shall provide a report to the council on
the impact fee accounts showing the source and amount of all monies collected,
earned, or received, and the public improvements that were financed in whole or in
part by impact fees.
D. Impact fees shall be expended or encumbered within 10 years of receipt, unless
the council identifies in written findings extraordinary and compelling reason or
reasons for the city to hold the fees beyond the 10-year period. Under such
circumstances, and prior to the expiration of the 10-year period, the council shall
establish the period of time within which the impact fees shall be expended or
encumbered. [Ord. 3934 § 1 (Exh. A), 2013].
3.36.090 Refunds.
A. If the city fails to expend or encumber the impact fees within 10 years of when the
fees were paid or, where extraordinary or compelling reasons exist, such other time
periods as established pursuant to ECC3 36.a80, the current owner of the property
on which impact fees have been paid may receive a refund of such fees. In
determining whether impact fees have been expended or encumbered, impact fees
shall be considered expended or encumbered on a first -in, first -out basis.
B. The city shall notify potential claimants by first class mail that they are eligible for
an pm'l-impact fee refund. This notification shall be done by first class mail
deposited with the United States Postal Service at the last known address of such
claimants. A potential claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must submit a written request for a
refund of the fees to the director within one year of the date the right to claim the
refund arises or the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been made within this
one-year period shall be retained by the city and expended on the appropriate
public facilities.
E. Refunds of impact fees under this section shall include any interest earned on the
impact fees by the city.
F. 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 earned, shall be refunded pursuant to this section.
Upon the finding that any or all fee requirements are to be terminated, the city 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 at the last known address of the claimants. All funds available for refund
shall be retained for a period of one year.
At the end of one year, any remaining funds shall be retained by the city, but must
be expended for the appropriate public facilities. This notice requirement shall not
apply if there are no unexpended or unencumbered balances within the account or
accounts being terminated.
G. The city shall also refund to the current owner of property for which impact fees
have been paid, including interest earned on the impact fees, if the development
activity for which the impact fees were imposed did not occur; provided, that if the
city has expended or encumbered the impact fees in good faith prior to the
application for a refund, the director can decline to provide the refund. If within a
period of three years, the same or subsequent owner of the property proceeds with
the same or substantially similar development activity, the owner can petition the
director for an offset. The petitioner must provide receipts of impact fees previously
paid for a development of the same or substantially similar nature on the same
property or some portion thereof. Determinations of the director shall be in writing
and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 3934
§ 1 (Exh. A), 20131.
3.36.100 Use of funds.
A. Pursuant to this chapter, impact fees:
1. Shall be used for public improvements that will reasonably benefit new
development; and
2. Shall not be imposed to make up for deficiencies in public facilities serving
existing developments; and
3. Shall not be used for maintenance or operations.
B. Pad( immpact fees may be spent for public improvements, including, but not
limited to, planning, engineering, surveying, land acquisition, right-of-way
acquisition, site improvements, necessary off -site improvements, construction,
architectural, permitting, financing, and administrative expenses, applicable impact
fees or mitigation costs, and any other expenses which can be capitalized.
C. Impact fees may also be used to recoup public improvement costs previously
incurred by the city 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 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. 3934 § 1 (Exh. A), 2013].
3.36.110 Review.
The fee rates set forth in ECC 3.36.120 and ECC 3.36.125 may be reviewed and
adjusted by the council as it deems necessary and appropriate in conjunction with
the annual update of the capital facilities plan element of the city's comprehensive
plan. The fee rates may be adjusted 12 months after the effective date of the
ordinance codified in this chapter, or 12 months after the most recent review by the
council.
The council may determine the amount of any adjustment up or down and revise
the fee rates set forth in ECC 3.36.120 and ECC 3.36.125. [Ord. 3934 § 1 (Exh. A),
2013].
3.36.120 Park impact fee rates.
The park impact fee rates in this section are generated from the formula for
calculating impact fees set forth in the rate study, which is incorporated herein by
reference. Except as otherwise provided for independent fee calculations in ECC
3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new
developments in the city will be charged the park impact fee applicable to the type
of development. as follo'w/�s: �(7 7(►q �]
A. _gffeiC'� �'teber— 1, 2'71 `, througg �CSetemkor �2014:
1. i
367.03 peF dwelling unit.
7 Multifamily residential housing:
$ ,170 06 19er dwelling unit
Effective October 1, 2014:
1. Single-family house: $2,734.05 per dwelling unit.
2. Multifamily residential housing: $2,340.16 per dwelling unit.
3. Nonresidential development: $1.34 per square foot. [Ord. 3934 § 1 (Exh. A),
2013].
3.36.125 Street impact fee rates.
The street imgagLfee rates in this section are generated from the formula for
galculating impact fees set forth in the rate which is incorporated herein by
reference. Except as otherwise provided for independent fee calculations in ECC
3.36.130,exemptions_in ECC 3.36.040 and credits in ECC 3.36.050, all new
developments in the city wiil be charged the street im act fee applicable to the type
of development as follows:
A. -Light industrial, ITE Land Use Code 110: $1.50 per square foot.
B._Manufacturing,_ITE Land Use Code 140: $1.12 per square Foot.
C. Mini -warehouse, ITE Land Use Code 151: $0.40 per square foot.
D. Single-family house ITE _Land_Use_Cod e_2DO:_$1,196.33 per dwelling unit.
E. Apartment, ITE. Land Use Code 220: $776.56 per dwelling unit.
F. Condominium, ITE Land Use Code 230: $629.65 per dwelling unit.
G.Mohile home, ITE Land -Use Code 240: $671.62 per dwelling unit.
H. Senior housing. ITE Land Use Code 251: SIS7.41 per dwelling unit.
1. Motel, ITE Land Use Code 320: $629.65 per room.
(,_Marina. ITE Land Use Code 420: $188.89 ,per boat berth.
K. Movie theater. ITE Land Use Code 444: 12.48 pet, square foot.
L. Health/fitness club. ITE Land Use Code 492: $2.78 per square foot.
M. High school, ITE Land Use Code 530: 0.aZ per square foot;
N. Church, ITE Land Use Code 560: $0.69 per square foot.
0. Day care center. ITE Land Use Code 565: $6.57 per square foot.
P. Nursing home -ATE Land Use Carle 520: $199.39 peg• bed.
Q. General office ITE Land Use Code 710:. 2.07 per square foot.
R. Medical office. ITE Land Use Code 720: $3.81 per square foot.
S. Specialty retail. ITE Land -Use Code 814: $0.93 per square foot.
T. Shopping center. ITE Land Use Code 820: $1.34 per square Foot.
U. Supermarket, ITE Land Use Code 850: $4.80 per square foot.
V. Convenience market 15-16 hours, ITE Land Use Code 852: $5.80 per square foot.
W. Drive-in bank. ITE Land Use Code 912: $7.00 per square foot.
X. Restaurant: sit-down, ITE Land Use Code 932. $4.70 per square foot.
Y. Fast food no drive -up, ITE Land Use Code 933: $9.19 per square foot.
Z. Fast food with drive -up. ITE Land Use Code 934: $11.23 per square foot.
AA. Coffeeldonut shop, no drive -up. ITE Land Use Code 936: $5.73 per square foot.
AB. Coffee/donut shop, drive -up, no indoor seating. ITE Land Use Code 938: $10.55
Mr square foot.
AC. Gas station with convenience. ITE Land Use Code 945: $3,347.62 per vehicle
Fueling position.
3.36.130 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories or fee amounts set
forth in ECC 3.36.120 and/or ECC 3.36.125-accurately describe or capture the
impacts of a new development on parks and Ior streets, the department may ask the
applicant to conduct 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 agreed
to by the director and the feepayer. The documentation submitted shall show the
basis upon which the independent fee calculation was made.
B. Any feepayer submitting an independent fee calculation will be required to pay
the city of Edmonds a fee to cover the cost of reviewing the independent fee
calculation. The fee required by the city for conducting the review of the
independent fee calculation shall be $200.00 plus the actual cost of outside
consultant review if required by the city, unless otherwise established by the
director, and shall be paid by the feepayer prior to initiation of review.
C. While there is a presumption that the calculations set forth in the rate study are
valid, the director shall consider the documentation submitted by the feepayer, but
is not required to accept such documentation or analysis which the director
reasonably deems to be inaccurate or not reliable, and may, in the alternative,
require the feepayer 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 fees or alternative fees and the
calculations shall be set forth in writing and shall be mailed to the feepayer.
D. Determinations made by the director pursuant to this section may be appealed to
the office of the hearing examiner as set forth in ECC 3.36.070. [Ord. 3934 § 1 (Exh.
A), 2013].
3.36.140 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, and/or Chapter 58.17 RCW, governing plats and
subdivisions; provided, that the exercise of this authority is consistent with the
provisions of Chapters 43.21C and 82.02 RCW. [Ord. 3934 § 1 (Exh. A), 20131.
3.36.150 Procedures guide.
The director is authorized to develop a procedures guide to facilitate the city's
administration and enforcement of this chapter. The procedures guide shall be
consistent with the provisions of this chapter, shall be for the sole convenience of
the city, and shall not vest any rights in or for any other person. [Ord. 3934 § 1 (Exh.
A), 2013].
3.36.160 Deferral system for single-family residences.
A. An applicant for a building hermit: for a single-family detached or attached
residence may _r quest a deferral of the full impact fee payment until final
inspection. The building official may withhold_ certification of final inspection, until
the impactfees have been paid in full.
B. The amount of impact fees that may be deferred under this section must be
determined by the fees in effect at the time the applicant applies for a deferral.
C. The term of an impact fee deferral under this section may not exceed eighteen
months from the date of building permit issuance.
B. An applicant seeking a deferral under this section must grant and record a
deferred impact fee lien -against the property in favor of the city in the amount of the
deferred impact fee. The deferred impact fee lien, which must include the legal
description, tax account number, and address of the property, must also b
Ll In a form approved by the city attorney:
tVij Signed by all owners of the properLy. as demonstrated by a current title re art
with all signatures acknowledged as required fora deed;
{iii) Recorded with the Snohomish Count auditor's office;
iii Binding on all successors in title after the recordation-, and
(iv) Junior and subordinate to one mortgage for the purpose of construction upon
the same real property granted by the person who applied for the deferral of impact
fees.
E. If impact fees are not paid in accordance with a deferral authorized by this
section. the city may institute foreclosure proceedings in accordance with chanter
61.12 RCW.
F. In addition to the administrative fee collected pursuant to ECC 3.36.030.B.5, the
city shall_collea an additional reasonable administrative fee to impalement this
section from Permit applicants who are seeking to delay the payment of impact fees
under this section. The amount of the administrative fee shall be established and
pgdated from time to time by resolution of the city council.
G. The section shall be construed to be consistent with state law and RCW
82.02.050, in particular.
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Kathleen Landis being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH709864 ORDINANCE
NO. 4037 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
07/10/2016 and ending on 07/10/2016 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$27.52,
Subscribed and sworn before me on this
day of l
Notary Public in and for the State of/
Washington.
City of Edmonds - LEGAL ADS 114101416
UNDA HYND
' AUBREY KNAPP
Notary Public
I State of Washington
My Comttni5sibn Eiipires
1 July 30, 2018
It --
4 of Ihn {
On the 5th day of Ju
Edmonds, passed Sho
content el said aMN r
�x T
�hinglon
Council of the C1Sy of
7o. the summafy of the
AN ORDINANCE !ffP THE-ZITY OF EDMONDS,
WASHINGTON. AMENDING THE CITY'S IMPACT FEE
REGULATIONS TO ADD A DEFERRAL SYSTEM FOR
IMPACT FEES CHARGED TO SINGLE FAMILY
RESIDENTIAL DEVELOPMENT AND CO NSOLIDATING TH E
TWO IMPACT FEE CHAPTERS INTO ONE CHAPTER.
The lull text of this 01dinence will be mailed upon request.
DATED this 6th day of July, 2016,
CITY CLERK, SCOTT PASSEY
IPubllshed: July 10, 2015. EDH7098&l�
�1�5