CHAPTER 6
IMPACT FEES
IMPACT FEES
SECTION:
15-6-1: Authority And Purpose
15-6-2: Applicability
15-6-3: Geographic Scope
15-6-4: Imposition Of Impact Fees
15-6-5: Approval Of Development
15-6-6: Fee Schedules And Establishment Of Service Area
15-6-7: Calculation Of Impact Fees
15-6-8: Impact Fee Account Funds Established
15-6-9: Use Of Funds
15-6-10: Assessment And Collection
15-6-11: Adjustments, Independent Calculations
15-6-12: Credits
15-6-13: Refunds
15-6-14: Appeals And Payments Under Protest
15-6-15: Council Review
15-6-16: Administrative Fees
15-6-17: Exemption Or Reductions
15-6-18: Relationship To Environmental Impact Mitigation
15-6-19: Severability
A. This chapter is enacted pursuant to the city's police powers, Revised Code of Washington 82.02, 58.17, and 43.21C. The purpose of this chapter is to:
1. Maintain a program for financing school, park, and transportation capital improvements necessitated in whole or in part by development within the city consistent with the goals and policies of the comprehensive plan;
2. Ensure adequate levels of service within the city;
3. Establish means to charge and collect impact fees to ensure that all new development bears its proportionate share of the capital costs of off site facilities reasonably necessary to accommodate the growth and maintain adopted level of service standards;
4. Ensure that the city pays its fair share of the capital cost of facilities necessitated by public uses unrelated to new growth; and
5. Ensure fair collection and administration of impact fees.
B. The provisions of this chapter shall be liberally construed to effectively carry out its purpose in the interests of public health, safety and welfare. (Ord. 778, 10-30-2003, eff. 11-11-2003)
A. The requirements of this chapter shall apply to all development regulated by this title and titles 12 and 13 of this code unless otherwise exempted.
B. Mitigation of impacts on schools, parks and transportation facilities located in jurisdictions outside the city will be required when:
1. The other affected jurisdiction has reviewed the development's impact(s) under its adopted impact fee regulations and has recommended to the city that there be a requirement to mitigate the impact; and
2. There is an interlocal agreement between the city and the affected jurisdiction specifically addressing impact analysis and mitigation.
C. The following are exempted from impact fees:
1. Alteration, expansion, reconstruction, or replacement of existing single-family or multi-family dwelling units that does not result in additional dwelling units.
2. As for school impact fees only, any new dwelling unit subject to restrictions that may be legally enforced by a private party or governmental entity limiting occupants to a minimum adult age or to populations that do not include children under the age of eighteen (18), including nursing homes and retirement centers; provided that this exclusion ceases if the exempted dwelling unit(s) is later converted to permanent use as a dwelling not subject to the restrictions.
3. As for school impact fees only, hotels, motels, and other transient accommodations provided that this exclusion ceases if the exempted development is later converted to permanent use as a dwelling not subject to these restrictions.
4. Accessory dwelling units (exemption applies to school and park impact fees only).
5. Development which has impact mitigation provided through environmental review under the state environmental policy act addressing the impact.
6. Development for which school facility impacts or park impacts have been mitigated by the payment of, or promise or obligation to pay fees, dedicate land, or construct or improve school facilities as part of a permit approval process granted prior to the effective date of this chapter unless the terms of the agreement expressly provide otherwise.
7. Development that meets the requirements for exemption per section 15-8-17 of this chapter. (Ord. 778, 10-30-2003, eff. 11-11-2003; amd. Ord. 808, 6-30-2005; Ord. 2021-1073, 3-10-2021; Ord. 2024-1136, 12-11-2024)
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