Ordinance 35160006.900000
WSS /amg
11/10/03
ORDINANCE NO. 3516
AN ORDINANCE OF THE CITY OF EDMONDS AMENDING
THE EDMONDS COMMUNITY DEVELOPMENT CODE,
TITLE 18, TO ADD A NEW CHAPTER TITLE 18.82, TRAFFIC
IMPACT FEES, AUTHORIZING THE COLLECTION OF
IMPACT FEES FOR ROADS; PROVIDING FINDINGS AND
DEFINITIONS; PROVIDING FOR THE TIME OF PAYMENT;
PROVIDING EXEMPTIONS AND CREDITS; PROVIDING
FOR THE APPEALS OF FEES AND OTHER
DETERMINATIONS; PROVIDING FOR THE
ESTABLISHMENT OF IMPACT FEE ACCOUNTS, REFUNDS,
AND THE USE OF FUNDS; PROVIDING FOR REVIEWS AND
ANNUAL ADJUSTMENT OF FEE SCHEDULES; PROVIDING
THE SCHEDULES FOR IMPACT FEES AND AUTHORIZING
INDEPENDENT FEE CALCULATIONS; AND FIXING A TIME
WHEN THE SAME SHALL BE EFFECTIVE.
WHEREAS, the City Council of the City of Edmonds (the "Council') finds that
development activity in the City of Edmonds will create additional demand and need for public
facilities; and
WHEREAS, the City of Edmonds is authorized by Chapter 82.02 RCW to require
new growth and development within the City of Edmonds to pay a proportionate share of the
cost of new facilities to serve such new growth and development through the assessment of
impact fees; and
WHEREAS, impact fees assessed pursuant to Chapter 82.02 RCW must be based
upon a showing that new development activity creates additional demand and need for public
facilities, that the impact fees do not exceed a proportionate share of the costs of such additional
public facilities, and that the fees are spent for facilities reasonably related to the new
development; and
{ WSS556758.DOC;1 /00006.900000/}
-1-
WHEREAS, the City of Edmonds is authorized by Chapter 82.02 RCW to impose
impact fees for system improvement costs previously incurred by the City of Edmonds to the
extent that. new growth and development will be served by the previously constructed
improvements; and
WHEREAS, impact fees may be collected and spent for public facilities that are
included within a capital facilities plan element of a comprehensive plan; and
WHEREAS, RCW 58.17.110 and RCW 58.17.060 require the Council and
administrative personnel to make written findings that public facilities such as roads, streets,
parks, recreation, open spaces, schools, and school grounds are adequate before approving
proposed subdivisions, dedications, short plats, and short subdivisions; and
WHEREAS, in developing the impact fees contained in this ordinance for public
facilities, the City of Edmonds has provided adjustments for past and future taxes paid or to be
paid by the new development which are earmarked or proratable to the same new public facilities
that will serve the new development; and
WHEREAS, the City of Edmonds has conducted extensive studies documenting
the procedures . for measuring the impact of new developments on public facilities, and has
prepared technical reports which serve as the basis for the actions taken by the Council; and
WHEREAS, the Council hereby incorporates the following studies into this
ordinance by reference:
A. 'Rate Study for Impact Fees for Roads," City of Edmonds, dated April 15,
2003.
B. "Procedures Guide For Transportation Impact Fees," City of Edmonds
dated June 11, 2003.
{ WSS556758.DOC;1 /00006.900000/}
-2-
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code Title 18 is hereby
amended by the addition of a new Chapter 18.82 Traffic Impact Fees to read as follows:
Chapter 18.82
TRAFFIC IMPACT FEES
Sections:
18.82.010
Findings and authority.
18.82.020
Definitions.
18.82.030
Assessment of impact fees.
18.82.040
Exemptions.
18.82.050
Credits.
18.82.060
Tax adjustments.
18.82.070
Appeals.
18.82.080
Establishment of impact fee accounts.
18.82.090
Refunds.
18.82.100
Use of funds.
18.82.110
Review.
18.82.120
Road impact fee rates.
18.82.130
Independent fee calculations.
18.82.140
Existing authority unimpaired.
Section 18.82.010 Findings and authority.
The City Council of the City of Edmonds (the "Council') hereby
finds and determines that new growth and development, including
but not limited to new residential, commercial, retail, office, and
industrial 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 Transportation Impact Fees, and hereby incorporates these
studies into this title by reference. Therefore, pursuant to Chapter
82.02 RCW, the Council adopts this Chapter 18.82 to assess
impact fees for roads. The provisions of Chapter 18.82 shall be
{ WSS556758.DOC;1 /00006.900000/}
-3-
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 can not be used to mitigate existing short falls
of the transportation system.
Section 18.82.020 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 Title 21 of the Edmonds
Community Development Code, 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 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 roads. All references to a CFP in the impact fee
ordinance, rate study, and procedures guide are interpreted as
referring to 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.
{ W S S 5 5 675 8. DO C;1 /00006.900000/ }
-4-
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 of the Development Services
Department or the 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. "Gross Floor Area" means the total square footage of any
building, structure, or use, including accessory uses.
N. "Hearing Examiner" is defined in ECDC 21.40.010.
O. "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
ECDC 18.82.080 and 18.82.090 of this chapter, and comply with
the requirements of RCW 82.02.070.
{ WS S556758.DOC; I /00006.900000/1
-5-
Q. "Independent Fee Calculation" means the road impact
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 ECDC 18.82.130, or the calculations
prepared by the Director where none of the fee categories or fee
amounts in ECDC 18.82.130 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. "ITE Land Use Code" means the classification code
number assigned to a type of land use by the Institute of
Transportation Engineers in the 6th Edition of Trip Generation or
subsequently adopted edition(s).
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 pre- existing
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. "Project Improvements" mean 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.
W. "Public Facilities" means the public streets and roads
owned by the City of Edmonds or other governmental entities.
X. "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.
{ WSS556758.DOC;1 /00006.900000/1
-6-
Y. "Road" means a right -of -way which enables motor
vehicles, transit vehicles, bicycles and pedestrians to travel
between destinations, and affords the principal means of access to
abutting property, including avenue, place, way, drive, lane,
boulevard, highway, street, and other thoroughfare, except an
alley.
Z. "Rate Study" means the "Rate Study for Impact Fees for
Roads," City of Edmonds, dated April 15, 2003.
AA. "Service Area" means the entire corporate limits of the City
of Edmonds.
AB. "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.
AC. "Square Footage" means the square footage of the gross
floor area of the development.
AD. "State" means the State of Washington.
AE. "Street" is defined per in ECDC 21.90.120.
AF. "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.
AG. "Usable Space" means any square footage created by or
added to a development that increases floor area usable for
residential, storage, commercial or business purposes.
Section 18.82.030 Assessment of impact fees.
A. The City shall collect impact fees, based on the rates in
ECDC 18.82.120, from any applicant seeking development
approval from the City for any development activity within the
City, where such development activity requires the issuance of a
building permit. 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
{ W S S556758.DOC;1 /00006.900000/1
-7-
change in existing use that creates a demand for additional public
facilities.
B. 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 any impact fee previously
paid for the land use category of the prior use. If no impact fee
was paid for the prior use, the impact fee for the new use shall be
reduced by an amount equal to the current impact fee rate for the
prior use.
C. 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 ECDC 18.82.120.
D. Applicants seeking an occupancy permit for a change in
use shall be required to pay a road impact fee if the change in use
triggers review under the State Environmental Policy Act, the
Edmonds Municipal Code, or increases the trip generation
measured in the PM peak hour traffic period by more than 5% or
10 peak hour trips.
E. Impact fees shall be assessed based upon the road impact
fee rates in affect at the time an application is deemed complete by
the Development Services Department for art ADB design review
approval, conditional use permit, change of use permit, PRD, plat,
short plat, remodel permit or building permit, which ever occurs
first for a development project. Impact fees shall be paid at the
time the change of use permit, remodel permit or building permit is
issued by the City, and the permit shall not be issued until the fee
is paid.
F. Applicants that have been awarded credits prior to the
submittal of the complete building permit application pursuant to
ECDC 18.82.050, shall submit, along with the complete building
permit application, a copy of the letter or certificate prepared by
the Director pursuant to ECDC 18.82.050 setting forth the dollar
amount of the credit awarded. Impact fees, as determined after the
application of appropriate credits, shall be collected from the
feepayer at the time the building permit is issued for each unit in
the development and no permit shall be issued until the fee is paid.
G. 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.
{ WSS556758.DOC;1 /00006.900000/}
-8-
H. The Department shall not issue the required building permit
unless and until the impact fees set forth in ECDC 18.82.120 have
been ,paid in the amount that they exceed exemptions or credits
provided pursuant to ECDC 18.82.040 or 18.82.050.
Section 18.82.040 Exemptions.
A. Except as provided for below, the following shall be
exempted from the payment of all impact fees:
1. Alteration of an existing nonresidential structure
that 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 signs;
3. Demolition or moving of a structure;
4. Expansion of an existing structure that results in the
addition of one hundred (100) square feet or less of gross floor
area;
5. Replacement of a structure with a new structure of
the same size and use at the same site or lot when such
replacement occurs within twelve (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 interpreted to include any
structure for which the gross square footage of the building will
not be increased by more than one hundred (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
[Accessory dwelling units (ADU) are not considered to create
additional dwelling units because Section 20.21.020, Community
Development Code, does not consider ADUs as increasing the
overall density of a single- family residential neighborhood, and
because the City's traffic model does not assign additional trips to
the network as a result of ADUs.]
7. Any ADB design review approval, conditional use
permit, change of use permit, PRD, plat, short plat, remodel permit
and building permit application that has been submitted to the City
before 4:00 p.m. the business day before the effective date of this
(WS S55675 8. DOC; 1/00006.900000/)
-9-
Chapter and subsequently determined to be a complete application,
based on the information on file as of the effective date of this
Chapter.
B. 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 Section
18.82.070 below.
Section 18.82.050 Credits.
A. Pursuant to the authority of RCW 82.02.020 and
35A.21.240, a feepayer can request that a credit or credits for
impact fees be awarded to him/her for the total value of dedicated
land, improvements, or construction provided by the feepayer and
dedicated to public use or benefit ( "dedicated ") to, but only to, the
extent to which the value exceeds that which may be imposed
under the provision of the Washington State and United States
Constitution or RCW 82.02.020. Credits will be given only if the
land, improvements, and/or the facility constructed are:
.l. Included within the capital facilities plan or would
serve the goals and objectives of the capital facilities plan; and
2. At suitable sites while being constructed in
accordance with adopted City codes.
B. The Director shall determine if requests for credits meet the
criteria in subsection A, above.
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 pre - qualified by Washington State
Department of Transportation Real Estate Section 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.
{ WSS556758.DOC;1 /00006.900000/}
-10-
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 sixty (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 road impact 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 road facilities.
J. Any claim for credit must be made no later than twenty
(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
ECDC 18.82.070 below.
{ WSS556758.DOC;1 /00006.900000/}
. -11-
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)
Section 18.82.060 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 Section 18.82.120 have
been reasonably adjusted for taxes and other revenue sources
which are anticipated to be available to fund public improvements.
Section 18.82.070 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:
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 fourteen (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.
{ WSS556758.DOC;1 /00006.900000/}
-12-
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
ECDC 18.82.130, or the fees imposed by the Director pursuant to
ECDC 18.82.120, or any other determination which the Director is
authorized to make pursuant to Chapter 18.82, can be appealed to
the hearing examiner.
E. The decision of the Director may be appealed to the hearing
examiner under the Edmonds Community Development Code
20.105.030.
Section 18.82.080 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 fees collected pursuant to this chapter, the Roads Impact
Account. Funds withdrawn from this account must be used in
accordance with the provisions of ECDC 18.82. 100 of this chapter
and applicable state law. Interest earned on the fees shall be
retained in the account 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 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.
D. Impact fees shall be expended or encumbered within six (6)
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 six (6) year period. Under such circumstances,
and prior to the expiration of the six (6) year period, the Council
shall establish the period of time within which the impact fees shall
be expended or encumbered.
Section 18.82.090 Refunds.
A. If the City fails to expend or encumber the impact fees
within six (6) years of when the fees were paid, or where
extraordinary or compelling reasons exist, such other time periods
as established pursuant to Section 18.82.080, the current owner of
{ WSS556758.DOC;1 /00006.900000/1
-13-
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 a traffic 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
(1) 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 (2) 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 (1) year. At the end of
one (1) 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 expanded or encumbered the
impact fees in good faith prior to the application for a
{ WSS556758.DOC;1 /00006.900000/}
-14-
refund, the Director can decline to provide the refund. If
within a period of three (3) 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 18.82.070 above.
Section 18.82.100 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. Road impact 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.
Section 18.82.110 Review.
{ W SS556758. DOC;1 /00006.900000/}
-15-
The fee rates set forth in ECDC 18.82.120 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 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 ECDC 18.82.120.
Section 18.82.120 Road impact fee rates.
The road 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 ECDC 18.82.130 of
this Chapter, exemptions in ECDC 18.82.040 and credits in ECDC
18.82.050, all new developments in the City will be charged the
road impact fee applicable to the type of development as follows:
A. General light industrial, ITE Land Use Code 110: $ 1.19
per square foot.
B. Manufacturing, ITE Land Use Code 140: $ 0.90 per square
foot.
C. Mini - warehousing, ITE Land Use Code 151: $ 0.32 per
square foot.
D. Single family detached housing, ITE Land Use Code 210: $
840.72 per dwelling unit.
E. Apartment, ITE Land Use Code 220: $ 544.49 per dwelling
unit.
F. Condominium/townhouse, ITE Land Use Code 230: $
474.24 per dwelling unit.
G. Mobile home park, ITE Land Use Code 240: $ 466.14 per
dwelling unit.
H. Hotel, ITE Land Use Code 310: $ 582.29 per room.
I. Motel, ITE Land Use Code 320: $ 448.65 per room.
J. Marina, ITE Land Use Code 420: $ 140.74 per berth.
{ W SS556758.DOC;1 /00006.900000/}
-16-
K. Golf course, ITE Land Use Code 430: $ 229.10 per acre.
L. Movie theater, ITE Land Use Code 444: $ 1.36 per square
foot.
M. Racquet club, ITE Land Use Code 492: $ 3.58 per square
foot.
N. . High school, ITE Land Use Code 530: $ 0.48 per square
foot.
O. Church/synagogue, ITE Land Use Code 560: $ 0.58 per.
square foot.
P. Hospital, ITE Land Use Code 610: $ 1.10 per square foot.
Q. Nursing home, ITE Land Use Code 620: $ 132.88 per bed.
R. General office building, ITE Land Use Code 710: $ 1.81
per square foot.
S. Medical - dental office building, ITE Land Use Code 720: $
4.19 per square foot.
T. , Shopping center, ITE Land Use Code 820: $ 0.93 per
square foot.
U. Restaurant: sit -down, ITE Land Use Code 832: $ 4.92 per
square foot.
V. Fast food restaurant without drive through, ITE Land Use
Code 833: $ 6.44 per square foot.
W. Fast food restaurant with drive through, ITE Land Use
Code 834: $ 8.08 per square foot.
X. Gas station, ITE Land Use Code 844: $ 3,535.82 per pump.
Y. Gas station with convenience store, ITE Land Use Code
845: $ 2,545.26 per pump.
Z. Supermarket, ITE Land Use Code 850: $ 3.14 per square
foot.
AA. Convenience market, ITE Land Use Code 851: $ 6.40 per
square foot.
{ WSS556758.DOC;1 /00006.900000/}
-17-
AB. Drive -in bank, ITE Land Use Code 912: $ 10.03 per square
foot.
Section 18.82.130 Independent fee calculations.
A. If in the judgment of the Director, none of the fee
categories or fee amounts set forth in ECDC 18.82.120 of this
Chapter accurately describe or capture the impacts of a new
development on roads 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 two hundred dollars ($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 ECDC 18.82.070.
{ WSS556758.DOC;1 /00006.900000/}
-18-
Section 18.82.140 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 Chapter
43.21C RCW and Chapter 82.02 RCW.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. 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.
APPROVED:
ZL Ak���
MA OR tq�:YIIAAKENSON
{ WSS556758.DOC;1 /00006.900000/}
-19-
ATTEST /AUTHENTICATED:
.�� ,e. 64,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CI ;y ATTORNEY:
BY ( 5� & -
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 09/03/04
PASSED BY THE CITY COUNCIL: 09/07/04
PUBLISHED: 09/12/04
EFFECTIVE DATE: 09/17/04
ORDINANCE NO. 3516
{WSS556758.DOC;1 /00006.900000/}
-20-
SUMMARY OF ORDINANCE NO. 3516
of the City of Edmonds, Washington
On the 7th day of September, 2004, the City Council of the City of Edmonds,
passed Ordinance No. 3516. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS AMENDING THE EDMONDS
COMMUNITY DEVELOPMENT CODE, TITLE 18, TO ADD A NEW CHAPTER TITLE
18.82, TRAFFIC IMPACT FEES, AUTHORIZING THE COLLECTION OF IMPACT FEES
FOR ROADS; PROVIDING FINDINGS AND DEFINITIONS; PROVIDING FOR THE TIME
OF PAYMENT; PROVIDING EXEMPTIONS AND CREDITS; PROVIDING FOR THE
APPEALS OF FEES AND OTHER DETERMINATIONS; PROVIDING FOR THE
ESTABLISHMENT OF IMPACT FEE ACCOUNTS, REFUNDS, AND THE USE OF FUNDS;
PROVIDING FOR REVIEWS AND ANNUAL ADJUSTMENT OF FEE SCHEDULES;
PROVIDING THE SCHEDULES FOR IMPACT FEES AND AUTHORIZING
INDEPENDENT FEE CALCULATIONS; AND FIXING A TIME WHEN THE SAME SHALL
BE EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of September, 2004.
�-_z. (L4'L't--
CITY CLERK, SANDRA S. CHASE
{ WSS556758.DOC;1 /00006.900000/}
-21-
STATE OF WASHINGTON,
COUNTY OF SNOHONHSH
SUMMARY OF ORDINANCE NO. 3516
o t e ity o mon s, as mgton
On the 7th day of September, 2004, the City Council of the
City of Edmonds, passed Ordinance No. 3516. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE of the City of Edmonds amending the
Edmonds Community Development Code, Title 18, to
add a new Chapter Title 18.8 2, Traffic Impact Fees, au-
thorizing the collection of impact fees for roads; provid-
ing findings and definitions; providing for the time of pay-
ment; providing exemptions and credits; providing for the
appeals of fees and other determinations; providing for
the establishment of impact fee accounts, refunds, and
the use of funds; providing for reviews and annual adjust-
ment of fee schedules; providing the schedules for im-
ppact fees and authorizing independent calculations; and
fixing a time when the same shall be effective.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of September, CITY CLERK, SANDRA S. CHASE'
Published: September 12, 2004.
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance No. 3516
City of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
September 12, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and s,to before me this
13th
day of September, 2004
d ottt' Qn
RECEIVED
�oM O;y • . C, gr
��•. 6�
SEP 2 2004
m �vo �
TQ� s
Notary Public in an or t fate o
ashington, residing a verF , ljohomisha,p
EDMONDS CITY CLERIC
County.
7
0A1%-- ? •�
t• . ......
t ' 9`
t1 +1 SHIN o
Account Name: City of Edmonds
Account Number. 101416
Order Number. 0001210091