HomeMy WebLinkAboutORD 5865 CITY OF RENTON, WASHINGTON
ORDINANCE N0. 5865
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-190 OF THE RENTON MUNICIPAL CODE, BY AMENDING FIRE PROTECTION
IMPACT FEE REGULATIONS, AND PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Renton Regional Fire Authority (RRFA) was formed in 2016 and the City
and the RRFA have a 2016 Interlocal Agreement that states the RRFA will complete a Capital
Facilities Plan and submit it to the City; and
WHEREAS,the RRFA has submitted a Capital Facilities Plan to the City and requested it be
adopted into the Capital Facilities element of the City's Comprehensive Plan; and
WHEREAS, the RRFA has also submitted a Rate Study that identifies the rates to be
charged as fire impact fees to new development so that the RRFA can maintain service levels as
growth occurs; and
WHEREAS, the RRFA has requested the rate charged on behalf of the RRFA that is
identified in the Rate Study be listed in the City of Renton Fee Schedule; and
WHEREAS, City code needs to be amended to collect fire impact fees on behalf of the
RRFA rather than directly; and
WHEREAS, the City and the RRFA have negotiated a 2017 Interlocal Agreement providing
for the respective rights and obligations of the City and the RRFA as to the collection and handling
of fire impact fees; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
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ORDINANCE NO. 5865
WHEREAS, the Planning Commission held a public hearing on October 4, 2017, and
considered all relevant matters, and heard all parties in support or opposition to the matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The Renton Regional Fire Authority's Capital Facilities Plan is hereby
adopted by reference as if fully set forth herein as a part of the capital facilities element of the
City of Renton Comprehensive Plan. A copy of the plan adopted herein by reference will be at all
times on file with the City Clerk.
SECTION II. The Renton Regional Fire Authority's Rate Study is hereby adopted by
reference as if fully set forth herein. A copy of the rate study adopted herein by reference will
be at all times on file with the City Clerk.
SECTION III. Section 4-1-190 of the Renton Municipal Code is amended as follows:
4-1-190 IMPACT FEES:
A.TITLE:
This Section shall be hereinafter known as "impact fees."
B. PURPOSE AND INTENT:
The purpose and intent of this Section is to authorize the collection of impact
fees for transportation, parks, fire protection, and schools and to provide for
certain other matters in connection therewith.
C. FINDINGS AND AUTHORITY:
The Renton City Council (hereinafter referred to as "Council") hereby finds and
determines that development activities, including but not limited to new
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residential, commercial, retail, office, and industrial development in the City of
Renton (hereinafter referred to as "City") will create additional demand and need
for transportation and parks system improvements in the City� a+�for school
facilities within its school districts, and for fire protection facilities in the City.
Further, the Council finds that such new growth and development should pay a
proportionate share of the cost of system improvements needed to serve the new
growth and development.
In the Rate Study as defined and hereby incorporated by this reference, the
City J��documented +t�extensive research concerning the procedures for
measuring the impact of new developments on public facilities. In 2016, the City
updated the Rate Study for Transportation. In 2017, the Renton Re�ional Fire
Authority completed its own Rate Study for Fire Impact Fees.
These Rate Stud�ies utilize�methodologies for calculating impact fees that are
consistent with the requirements of RCW 82.02.060(1).A copy of the most current
version of the Rate Stud�ies shall be kept on file by the Renton City Clerk and will
be available to the public for review.
Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to
assess impact fees for transportation; and parks ,^�' ���^ ^�^+^�+�^^, as well as�
school impact fees for the Issaquah, Kent, and Renton School Districts and for fire
protection fees for the Renton Re�ional Fire Authority. The provisions of this
Section shall be liberally construed in order to carry out the purposes of the
Council in providing for the assessment of impact fees.
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D. DEFINITIONS:
The words and terms defined below shall have the following meanings for the
purposes of this Section, unless the context clearly requires otherwise. Terms
otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given
their usual and customary meaning.
1. "Administrator" means the Administrator or designee of the
Department of Community and Economic Development.
2. "Applicant" for the purposes of this Section includes an entity that
controls the applicant, is controlled by the applicant, or is under common control
with the applicant.
3. "Building permit" means an official document or certification which is
issued by the City and which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection, demolition,
moving, or repair of a building or structure or any portions thereof.
4. "Capital facilities plan" means the capital facilities element of the City's
Comprehensive Plan adopted pursuant to chapter 36.70A RCW and such plan as
amended.
5. "City' means the City of Renton.
6. "Classrooms" means educational facilities of each respective school
district that the district determines are necessary to best serve its student
population and that are required to house students for its basic educational
program. Specialized facilities as identified by the school district, including but not
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limited to gymnasiums, cafeterias, libraries, administrative offices, and child care
centers, shall not be counted as classrooms.
7. "Construction cost per student" means the estimated cost of
construction of a permanent school facility in the school district for the grade span
of school to be provided, as a function of the school district's design standard per
grade span and the requirements of students with special needs.
8. "Council" means the Renton City Council.
9. "Department" means the City's Department of Community and
Economic Development.
10. "Development activity" means any construction or expansion of a
building, structure, or use, any change in use of a building or structure, or any
changes in the use of land, that generates the need for additional public facilities.
11. "Development approval" means any written authorization from the
City of Renton which authorizes the commencement of a development activity.
12. "Elderly" means a person aged sixty two (62) or older.
13. "Encumbered" for Transportation and Parks means to reserve, set
aside, or otherwise earmark impact fees in order to pay for commitments,
contractual obligations, or other liabilities incurred for system improvements. For
School and Fire it means impact fees identified by the district or RRFA as bein�
committed as part of the fundin�for a facility for which the publicly funded share
has been assured or buildin� permits sou�ht or construction contracts let.
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14. "Feepayer" is any person, collection of persons, or department or
bureau of any governmental entity or municipal corporation commencing a
development activity which creates the demand for additional system
improvements and which requires the issuance of a building permit or a permit
for a change of use. "Feepayer" includes an applicant for an impact fee credit.
15. "Fee Schedule" is the City of Renton Fee Schedule detailing amounts to
be paid for various permits, licenses, etc.,that is published, kept on file, and made
available to the public on the City's website and in the office of the Renton City
Clerk.
16. "Fire capital facilities plan" means the RRFA's capital improvement plan
adopted bv the RRFA's �overnin� board that includes the followin�:
a. An inventory of existin� capital facilities and equipment owned bv
the RRFA, their locations, and capacities.
b. The identification of the demands proiected new development is
anticipated to place on existin�fire protection facilities and equipment.
c. A forecast of the capital facilities and equipment necessary to meet
the RRFA's adopted level of service with the increased demand of new
development within the RRFA.
d. The proposed locations of expanded or new capital facilities and
equipment and the associated timeline for construction or expansion.
e. At least a six (6)-year financin�component, updated as necessary to
maintain at least a six(6)-year forecast period,for financin�needed fire protection
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ORDINANCE N0. 5865
facilities within proiected fundin� levels, and identifyin� sources of financin� for
such purposes, includin� bond issues.
f. Any other lon�-ran�e proiects planned by the RRFA.
167. "Fire protection"shall mean fire protection facilities, including but not
limited to fire stations,fire apparatus, and any furnishings and equipment that can
be capitalized.
1�8. "Grade span" means the categories into which a school district groups
its grades of students, i.e., elementary school, middle or junior high school, and
high school.
1�9. "Hearing Examiner" shall mean that person or persons acting as the
Renton Hearing Examiner.
�20. "Impact fee" means a payment of money imposed by the City of
Renton on development activity pursuant to this Section as a condition of granting
development approval. An impact fee does not include a reasonable permit fee,
an application fee, the administrative fee for collecting and handling impact fees,
the fee for reviewing independent fee calculations, or the fee for deferring
payment of impact fees.
2A1. "Impact fee account(s)" means the separate accounting structure(s)
within the City's established accounts, which structure(s) shall identify separately
earmarked funds and which shall be established for the impact fees that are
collected. The account(s) shall be established pursuant to subsection M of this
Section and shall comply with the requirements of RCW 82.02.070.
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2�2. "Independent fee calculation" means the transportation impact fee
calculation, and/or economic documentation prepared by a feepayer, to support
the assessment of a transportation, parks or fire protection impact fee other than
by the use of the rates published in the City's Fee Schedule, or the calculations
prepared by the department where none of the fee categories or fee amounts in
the City's Fee Schedule accurately describe or capture the impacts of the
development activity on public facilities.
2�3. "Owner" means the owner of record of real property, although when
real property is being purchased under a real estate contract, the purchaser shall
be considered the owner of the real property if the contract is recorded.
2�4. "Parks" shall mean parks, open space, and recreation facilities
including but not limited to land, improvements, and any furnishings and
equipment that can be capitalized.
245. "Permanent school facilities" means the facilities of a school district
with a fixed foundation which are not relocatable facilities.
2�6. "Permit for change of use or change of use permit" means an official
document which is issued by the City which authorizes a change of use of an
existing building or structure or land.
267. "Project improvements" means site improvements and facilities that
are planned and designed to provide service for a particular development project,
are necessary for the use and convenience of the occupants or users of the
project, and are not system improvements. No improvement or facility included
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in a capital facilities plan adopted by the Council shall be considered a project
improvement.
2�8. "Public facilities," for purposes of this Section, means the following
capital facilities owned or operated by the City of Renton, school districts, Renton
Re�ional Fire Authority, or other governmental entities: public streets and roads,
public parks, open space and recreation facilities and fire protection facilities.
2�9. "Rate Study" means any rate study relating to impact fees for
transportation, parks, or�fire protection adopted by the City of Renton.
�30. "Relocatable facility" means any factory-built structure,
transportable in one or more sections, such as that which is designed to be used
as an education space needed to prevent the overbuilding of school facilities to
meet the needs of service areas within a school district, or to cover the gap
between the time that families move into new residential developments and the
date that construction is completed on permanent school facilities.
3A1. "Relocatable facilities cost per student" means the estimated cost of
purchasing and siting a relocatable facility in a school district for the grade span of
school to be provided, as a function of a school district's design standard per grade
span and the requirements of students with special needs.
32. "RRFA" means the Renton Re�ional Fire Authority, a Washin�ton State
municipal corporation established and operatin� pursuant to chapter 52.26 RCW.
3�3. "School capital facilities plan" means each respective school district's
capital facilities plan adopted by the School Board, which shall consist of:
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a. A forecast of future needs for school facilities based on the school
district's enrollment projections;
b. The long-range construction and capital improvements projects of
the school district;
c. The schools under construction or expansion;
d. The proposed locations and capacities of expanded or new school
facilities;
e. At least a six (6) year financing plan component, updated as
necessary to maintain at least a six (6) year forecast period, for financing needed
school facilities within projected funding levels, and identifying sources of
financing for such purposes, including bond issues authorized by the voters and
projected bond issues not yet authorized by the voters; and
f. Any other long-range projects planned by the school district.
3�4. "School district design standard" means the space required, by grade
span, including the requirements of students with special needs, which is needed
in order to fulfill the educational goals of the school district as identified in each
respective school district's capital facilities plan.
3�5. "Site cost per student" means the estimated cost of a site in a school
district for the grade span of school to be provided, as a function of the school
district's design standard per grade span and the requirements of students with
special needs.
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346. "Standard of service" means the standard adopted by a school district
which identifies the program year, the class size by grade span and the
requirements of students with special needs,the number of classrooms,the types
of facilities the school district believes will best serve its student population, and
other factors as identified by a school district. The school district's standard of
service shall not be adjusted for any portion of the classrooms housed in
relocatable facilities which are used as transitional facilities or for any specialized
facilities housed in relocatable facilities. Except as otherwise defined by the School
Board pursuant to a Board resolution, "transitional facilities" shall mean those
facilities that are used to cover the time required for the construction of
permanent school facilities; provided, that the school district has the necessary
financial commitments in place to complete the permanent school facilities called
for in the school district's capital facilities plan.
3§7. "Street" or "road" means a public right-of-way and all related
appurtenances, including lawfully required off-site mitigation, which enables
motor vehicles, transit vehicles, bicycles, and pedestrians to travel between
destinations. For purposes of this Section, public streets and roads are collectively
referred to as "transportation."
3b8. "Student factor" means the number derived by a school district to
describe how many students of each grade span are expected to be generated by
a dwelling unit. Student factors shall be based on a school district's record of
average actual student generation rates for new developments constructed over
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a period of not more than five (5) years prior to the date of the fee calculation;
provided, that if such information is not available in the school district, data from
adjacent districts, districts with similar demographics, or countywide averages
may be used. Student factors must be separately determined for single family and
multi-family dwelling units, and for grade spans.
3�9. "System improvements," for purposes of this Section, means public
facilities that are included in the City of Renton's capital facilities plan, and such
plan as amended, and are designed to provide service to the community at large,
in contrast to project improvements.
�40. "Transportation" means public streets and roads and related
appurtenances.
E. ESTABLISHMENT OF SERVICE AREA:
1. The City hereby establishes, as the service area for impact fees, the City
of Renton, including all property located within the corporate city limits.
2. The scope of the service area is hereby found to be reasonable and
established on the basis of sound planning and engineering principles, and
consistent with RCW 82.02.060 as described in the Rate Study.
F. IMPACT FEES METHODOLOGY AND APPLICABILITY:
The transportation and park impact fees in the City of Renton Fee Schedule
are generated from the formulae for calculating transportation impact fees set
forth in the applicable Rate Study. School and fire impact fees in the fee schedule
are �enerated from the formulae for calculatin� impact fees set forth in the
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applicable school and fire capital facilities plans as may be further set forth in a
Rate Studv. Except as otherwise provided for independent fee calculations in
subsection H of this Section, exemptions in subsection I of this Section, and credits
in subsection J of this Section, all new development activity in the City will be
charged impact fees applicable to the type of development listed in the City of
Renton Fee Schedule.
G. COLLECTION OF IMPACT FEES:
1. Transportation, Parks, and Fire Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates
in the City of Renton Fee Schedule, from any applicant seeking development
approval from the City for any development activity within the City, when such
development activity requires the issuance of a building permit or a permit for a
change in use, and creates a demand for additional public facilities.
b. Transportation and Parks Basis and Amount: Maximum allowable
impact fees for transportation and parks are established by the applicable Rate
Study. The rates to be charged by the City are listed in the City of Renton Fee
Schedule.
c. Fire Impact Fee Basis and Amount: The maximum allowable fees
shall be based on the fire capital facilities plan and the rate study developed by
the RRFA approved by its Board, and adopted by the City as part of the capital
facilities element of the City's Comprehensive Plan and as a fire impact fee Rate
Studv. The rates to be char�ed are listed in the City of Renton Fee Schedule.
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2. School Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates
in the City of Renton Fee Schedule, from all applicants seeking development
approval from the City for any residential development activity in that portion of
the City located within each respective school district's boundaries.
b. Basis and Amount: The maximum allowable fees shall be based on
a school capital facilities plan developed by the appropriate school district and
approved by the School Board, and adopted by reference by the City as part of the
capital facilities element of the City's Comprehensive Plan.The rates to be charged
are listed in the City of Renton Fee Schedule.
c. Adjustment by Council: The City Council may adjust the fees, as it
sees fit, to take into account local conditions such as, but not limited to, price
differentials throughout each respective school district in the cost of new housing,
school occupancy levels, and the percent of each school district's capital facilities
budget, which will be expended locally.
d.Classification by DwellingType:Separate fees shall be calculated for
single family and multi-family dwellings, and separate student generation rates
must be determined by each school district for each type of dwelling. For purposes
of this Section, mobile homes shall be treated as single family dwellings; duplexes
and accessory dwelling units shall be treated as multi-family dwellings.
e. Credit for Tax Contributions: The formula in Attachment A to
Ordinance 4808 provides a credit for the anticipated tax contributions that would
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be made by the development based on historical levels of voter support for bond
issues in a school district.
3. Changes in Use or Tenancy: When an impact fee applies to a change of
use permit, 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. For purposes of this provision, a change of use should
be reviewed based on the land use category provided in the Rate Study that best
captures the broader use of the property under development. Changes in use or
tenancy, if consistent with the general character of the building or building
aggregations (i.e., "industrial park," or "specialty retail") should not be considered
a change in use that is subject to an impact fee. Further, minor changes in
tenancies that are consistent with the general character of the included structure,
building, or previous use should not be considered changes in use subject to an
impact fee. 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. Vacant buildings shall be assessed as if in the most recent legally
established use as shown on a locally owned business license or development
permit documents.
4. Mixed Use: 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 in the City of Renton Fee Schedule.
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5. Timing of Assessment and Collection: Impact fees shall be determined
at the time the complete application for a building permit or a permit for a change
in use is submitted using the impact fees then in effect. Impact fees shall be due
and payable before the building permit or permit for a change of use is issued by
the City.
6. Documentation of Credit Required: Feepayers allowed credits prior to
the submittal of the complete building permit application or an application for a
permit for a change of use shall submit, along with the complete application, a
copy of the letter prepared by the Administrator�� school district
superintendent, or RRFA official setting forth the dollar amount of the credit
allowed. Impact fees, as determined after the application of any credits, shall be
collected from the feepayer no later than the time a building permit or permit for
a change of use is issued.
7. Deferral for Subdivisions, Short Subdivisions, and Planned Unit
Developments: An applicant for residential subdivision, short subdivision, or
planned unit development may defer payment of impact fees for all of the
dwelling units to be created in the development until the earlier of the time of
closing of the first sale of a single detached dwelling unit, condominium unit, or a
multi-family residential building or eighteen (18) months after the issuance of the
original building permit, but only if before recording the subdivision or short
subdivision, the applicant:
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a.Submits to the Administrator a signed and notarized deferred impact
fee application and acknowledgement form, which includes the legal description,
tax account number, and address of each individual in the development;
b. Records at the applicant's expense a covenant and lien that complies
with the requirements of subsections G8bi through vii of this Section; and
c. Pays the applicable nonrefundable administrative fee.
8. Deferral for Single Family, Condominium, and Multi-Family Dwellings:
A building permit applicant may defer payment of impact fees for a single
detached dwelling unit, condominium unit, or all of the dwelling units in a multi-
family residential building until the earlier of the time of closing of the first sale of
a single detached dwelling unit, a condominium unit or a multi-family residential
building or eighteen (18) months after issuance ofthe original building permit, but
only if before issuance of the building permit, the applicant:
a. Submits to the Administrator a signed and notarized deferred impact
fee application and acknowledgement form for each single detached dwelling
unit, condominium unit or all of the dwelling units in a multi-family residential
building for which the applicant wishes to defer payment of the impact fees; and
b. Records at the applicant's expense a covenant and lien in the
amount of the deferred impact fee(s) and that includes the legal description, tax
account number, and address of the property that:
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i. Requires payment of the impact fees to the City at the earlier of
the time of closing of the first sale or eighteen (18) months after issuance of the
original building permit; and
ii. Provides that if the impact fees are paid through escrow at
closing of sale, in the absence of an agreement between the buyer and the seller
to the contrary, the impact fees shall be paid from the seller's proceeds; and
iii. Provides that the seller bears strict liability for the payment of
the impact fees; and
iv. Requires the seller or seller's agent of property subject to the
covenant and lien to provide written disclosure of the covenant and lien to a
purchaser or prospective purchaser. Disclosure of the covenant must include the
amount of impact fees payable and that the fees are to be paid to the City no later
than the closing date; and
v. Makes the applicant legally liable for payment of the impact fees
if the fees are not paid by the earlier of the time of closing of the first sale or
eighteen (18) months after the building permit has been issued; and
vi. Is signed by all owners of the property as listed on a current title
report, with all signatures acknowledged as required for a deed; and
vii. Is 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.
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9. Payment Methods: Payment of impact fees deferred under this
subsection shall be made by cash, escrow company check, cashier's check or
certified check.
10. Lien Release: Upon receipt of payment of impact fees deferred under
this subsection, the City shall execute a lien release for each single detached
dwelling unit, condominium unit, or multi-family residential building for which the
impact fees have been received. The property owner at the time of the release
shall be responsible for recording the lien release.
11. Foreclosure by City: If impact fees are not paid, in accordance with the
provisions of this subsection, the City may institute foreclosure proceedings in
accordance with chapter 61.12 RCW.
12. Foreclosure by a School District: If the City does not institute
foreclosure proceedings for unpaid school impact fees within forty-five (45) days
after receiving notice from a school district requesting that it do so, the district
may institute foreclosure proceedings with respect to unpaid impact fees.
13. Required Prior to Building Permit Issuance: The Department shall not
issue the required building permit or the permit for the change of use until the
impact fees have been paid or the signed and notarized deferred impact fee
application and acknowledgement form and deferral fee have been received and
accepted by the City.
14. Number of Deferrals Limited: Each applicant for a single family
building permit, in accordance with his or her contractor registration number or
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other unique identification number, is entitled to annually receive deferrals under
this subsection for the first twenty(20)single family building permits issued by the
City to that applicant.
H. INDEPENDENT FEE CALCULATIONS:
1. Calculations by City: If, in the judgment of the Administrator, none of
the fee categories or fee amounts set forth in the City of Renton Fee Schedule
accurately describes or captures the impacts of a new development on public
facilities, the Department may conduct independent fee calculations and the
Administrator may impose alternative fees on a specific development based on
those calculations. The alternative fees and the calculations shall be set forth in
writing and shall be mailed to the feepayer.
2. Calculations by Feepayer: A feepayer may opt not to have the impact
fees determined according to the fee structure in the City of Renton Fee Schedule,
in which case the feepayer shall prepare and submit to the Administrator� the
RRFA, or school district, as applicable, an independent fee calculation for the
development activity for which a building permit is being sought. The
documentation submitted shall show the basis upon which the independent fee
calculation was made. An independent fee calculation shall use the same
methodology used to establish impact fees and for transportation, parks,a�fire�
and school impact feesL they shall be limited to adjustments in trip generation
rates and lengths for transportation impact fees, persons per dwelling unit for
park impact fees, and fire incident rates for fire impact fees.
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3. Consideration and Review: There is a rebuttable
presumption that the calculations set forth in the Rate Studies� and Capital
Facilities Plans and the data used by the Citv, RRFA, and school districts are valid.
a.Transportation and Parks Impact Fees:The Administrator shall consider
the documentation submitted bv the feepayer, but is not required to accept such
documentation or analvsis which the Administrator reasonablv deems to be
inapplicable, inaccurate, incomplete, or unreliable.The Administrator may require
the feepayer to submit additional or different documentation for consideration.
The Administrator is authorized to adiust 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 therefor shall be set forth in writin� and shall be mailed to the
feepaver.
b. School and Fire Impact Fees: A school district or the RRFA may adlust
the amount of the impact fee assessed if appropriate and lawful, as demonstrated
by the feepayer to the appropriate school district's or the RRFA's satisfaction. If
the Administrator receives a written decision from a school district or RRFA
approving an independent fee calculation, the Administrator shall applv and
collect school or fire impact fees, as applicable, as adiusted by the approved
independent fee calculation.
4.Adjustment from Maximum Amount:Alternative transportation, ,
^^�impact fees calculated pursuant to this subsection shall be reduced in the
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same manner and to the same extent that the impact fees in the City of Renton
Fee Schedule are reduced from the maximum allowable impact fees in the Rate
Study.
5. Appeals: Determinations made by the Administrator pursuant to this
Section may be appealed to the office of the Hearing Examiner under the
procedures set forth in subsection L of this Section.
I. EXEMPTIONS:
1. School Impact Fees: The following shall be exempt from the application
of school impact fees:
a. Any form of housing exclusively for the elderly, including nursing
homes and retirement centers, so long as these uses are maintained in perpetuity
and the necessary covenants or declarations of restrictions are recorded on the
property to ensure that no children will reside in the development.
b. The replacement of the same number of dwelling units at the same
site or lot when such replacement occurs within thirty six (36) months of the
demolition or destruction of the prior structure.
c. Alterations or expansion or enlargement or remodeling or
rehabilitation or conversion of an existing dwelling unit where no additional units
are created and the use is not changed.
d. Any development activity that is exempt from the payment of a
school impact fee pursuant to RCW 82.02.100, due to mitigation of the same
system improvement under the State Environmental Policy Act.
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2. Transportation, Parks, and Fire Impact Fees: Except as provided for
below, the following shall be exempted from the payment of all transportation,
parks, and fire impact fees:
a. Alteration or replacement of an existing residential structure that
does not create an additional dwelling unit or change the type of dwelling unit.
b. Alteration or replacement of an existing nonresidential structure
that does not expand the usable space or change the existing land use.
c. Miscellaneous improvements which do not generate increased need
for public facilities, including, but not limited to, fences, walls, residential
swimming pools, and signs.
d. Demolition or moving of a structure.
e. Projects that have undergone prior State Environmental Policy Act
(SEPA) review and received a final decision that includes mitigation requirements
on the condition that the SEPA mitigation obligation has or will be fulfilled by the
time the impact fees, if applicable, would be due.
f. Housing that qualifies for waived fees under the provisions of RMC
4-1-210.
g. Temporary manufactured homes for medical hardships that meet
the criteria identified in RMC 4-9-240.
3. Authority:The Administrator shall be authorized to determine whether
a particular development activity falls within an exemption identified in this
23
ORDINANCE NO. 5865
Section.The Administrator's determinations shall be in writing and shall be subject
to the appeals procedures set forth in subsection L of this Section.
J. CREDITS FOR DEDICATIONS, CONSTRUCTION OF IMPROVEMENTS, AND
PAST TAX PAYMENTS:
1. Criteria for Award of Credits: A feepayer may request that a credit or
credits for impact fees be awarded to him/her for the total value of system
improvements, including dedications of land and improvements, and/or
construction provided by the feepayer. Requests for credits for transportation;
and parks e��impact fees shall be made to the Administrator. Requests for
credits for school impact fees shall be made to the appropriate school district.
Requests for credits for fire impact fees shall be made to RRFA. Credits will be
given only if the land, improvements, and/or the facility constructed are:
a. Included within the capital facilities plan or would serve the goals
and objectives of the capital facilities plan;
b. Determined by the City�e�school district, or RRFA, as applicable, to
be at suitable sites and constructed at acceptable quality;
c. Serve to offset impacts of the feepayer's development activity; and
d. If for a transportation impact fee are for one or more of the projects
listed in the Rate Study as the basis for the calculation.
2. Authority and Process:
a. The Administrator��school district, or RRFA, as applicable, shall
determine if requests for credits meet the criteria in subsection J1 of this Section
24
ORDINANCE NO. 5865
or other applicable law. The determinations shall be in writing� and an�r
determination bv the Administrator shall be subject to the appeals procedure set
forth in subsection L of this Section.
b. For each request for a credit or credits for transportation or, parks;
er f+r^ �m^^r+ {^^�, the Administrator shall select an appraiser or, in the
alternative, the feepayer may select an independent appraiser acceptable to the
Administrator.
c. For each request for a credit or credits for school or fire impact fees,
the Administrator shall defer to the applicable school district or RRFA for selection
of �",'� an appraiser from a list of independent appraisers. T"^ ,�^�^��^�
r"�" "^ .�;r^�+^,� to determine for the school district the value of the dedicated
land, improvements, or construction provided by the developer on a case-by-case
basis.
d. Unless approved otherwise, the appraiser must be a member of the
American Institute of Appraisers and be licensed in good standing pursuant under
chapter 18.40 RCW et seq. in the category for the property or improvement to be
appraised, and shall not have a fiduciary or personal interest in the property being
appraised.
e. The Administrator, school district, or RRFA, as applicable, will accept
or reject the appraisal�and anv decision bv the Administrator�"��;Tmay be
subject to independent review by the Hearing Examiner.
25
ORDINANCE N0. 5865
f. The feepayer shall pay the actual costs for the appraisal and an
independent review, if required, unless the Administrator,school district,or RRFA,
as applicable, determines that payment for independent review should not be at
the feepayer's expense.
g. After considering the appraisal and the review,the Administrator��
school district superintendent, or RRFA official, as applicable, shall provide the
applicant with a written determination setting forth the dollar amount of any
credit, the reason for the credit, the legal description of the real property
dedicated where applicable, and the legal description or other adequate
description of the project or development to which the credit may be applied. The
feepayer must sign and date a duplicate copy of such determination accepting the
terms of the letter or certificate, and return such signed document to the
Administrator before the impact fee credit will be awarded. The failure of the
feepayer to sign, date, and return such document within sixty (60) calendar days
of the date of the determination shall nullify the credit.
h. No credit shall be given for project improvements.
3. School and Fire Impact Fees Responsibility: Any credit for school or fire
impact fees shall be the responsibility of the respective school district or RRFA,
and shall be independent of the fees collected by the City. The burden of
establishing such credit shall be on the party seeking the credit. When established
as a condition of development approval or pursuant to the terms of a voluntary
mitigation agreement, the feepayer shall receive a credit from the appropriate
26
ORDINANCE N0. 5865
school district or RRFA. The fee amount due on the development activity shall be
reduced by the amount of the credit. Proof shall include such things as a receipt
or cancelled check.
4. Past Tax Payments: A feepayer may request a credit or credits for
impact fees previously awarded for past tax payments. For each request for a
credit or credits for past tax payments for transportation impact fees,the feepayer
shall submit receipts and a calculation of past tax payments earmarked for or
prorated according to the particular system improvement for which credit is
requested. The Administrator� s�school district, or RRFA, as applicable, shall
determine the amount of credits, if any, for past tax payments for system
improvements.
5. Appeals: The Administrator's�r< <�"^^' �'��+�;�-+'� determinations
pursuant to this Section shall be subject to the appeals procedures set forth in
subsection L of this Section.
K. ADJUSTMENTS FOR FUTURE TAX PAYMENTS AND OTHER REVENUE
SOURCES:
Pursuant to and consistent with the requirements of RCW 82.02.060 the Rate
Studies"� have provided adjustments for future taxes to be paid by the
development activity which are earmarked or prorated according to the same new
public facilities which will serve the new development. The impact fees in the City
of Renton Fee Schedule have been reasonably adjusted for taxes and other
27
ORDINANCE N0. 5865
revenue sources which are anticipated to be available to fund public
improvements.
L. APPEALS:
1. Transportation; and Parks, ^^��� Impact Fees: The Administrator's
determinations with respect to the applicability of the impact fees to a given
development activity, the availability or value of a credit, the Administrator's
decision concerning the independent fee calculation which is authorized in
subsection H of this Section or any other Administrator's determination pursuant
to this Section may be appealed by the feepayer to the provisions of RMC 4-8-
110E.
�k�c..�c�a^^����ee a-s3e��ed ���e# t#��eJ��,.,;^^ rr,�+^^�^� ��•�
,
Th�, �.,�,.,-,...,.- .J�,.V,.,.,�+.--,+.,� +L,�* +L,�, �.-L,.,�,I � �.-+ f.,�, -, .,+
�+I.. �,.J•
� �
�. �u5tl"I ...J �n 6�f C�Ir'r��t"H�C�$ '�ucTr�F2�—uy—�kFl?�ccpuycr
� �
3. Payment under Protest: ^'^ "���'��^^ ^ rh"""" ^ ��+� . ,�" "^
28
ORDINANCE NO. 5865
.,,.�,,.,+,,,� h„+�„ r,+,,. � ,;,�,,,� �,,,.,,,,,�. +�,�+ During the pendency of an appeal,
, , ,
the feepayer may pay the subject fee under protest to avoid
delays in the issuance of building permits or change of use permits.
4. Process and School District or RRFA Representation: Appeals to the
Hearing Examiner shall be taken in accord with the processes set forth in RMC 4-
8-110E. When an interlocal a�reement between the City and the respective school
district or RRFA provides for an appeal to the Hearin� Examiner of school or fire
impact fees, when there is such an appeal �{ ��"^^� �m^�r+ {^^�, the respective
school district or the RRFA shall provide staffing and legal assistance for such an
appeal consistent with the applicable interlocal agreement between the City and
the respective school district or RRFA, ,� +h-,+ Artrnnmcin+ ,,,-,,, �,,, -,,,,,�.,,��,� �r,,,,.,
f�m�+�4�mn
rm�c-cv-cn'rrc.
5. Authority: The Hearing Examiner is authorized to make findings of fact
regarding the applicability of the impact fees to a given development activity, the
availability or amount of the credit, or the accuracy or applicability of an
independent fee calculation. There is a presumption of validity of the
Administrator's� a+�e�school district's, and/or RRFA's determination. The
feepayer has the burden of proof during any appeal of the Administrator's�a�,<e�
school district's, and/or RRFA's determination or decision.
6. Decisions: The Hearing Examiner may, so long as such action is in
conformance with the provisions of this Section, reverse, affirm, modify or
remand, in whole or in part, the Administrator's�a�e�school district's and or
29
ORDINANCE N0. 5865
RRFA's determinations with respect to the amount of the impact fees imposed or
the credit awarded.
M. ESTABLISHMENT OF IMPACT FEE ACCOUNTS:
1. Fee Accounts: The City shall establish the following separate impact fee
accounts for the impact fees collected pursuant to this Section: Transportation,
Parks, ���^ o�^+^r+�^^ Renton Re�ional Fire Authority, Issaquah School District,
Kent School District, and Renton School District. Funds withdrawn from the
accounts must be used in accordance with the provisions of this Section and
applicable state law. Interest earned on the fees shall be retained in the accounts
and expended for the purposes for which the impact fees were collected. Impact
fee receipts shall be earmarked specifically and deposited in the appropriate
interest-bearing impact fee accounts.
2. Transfer to School Districts and RRFA:
a. Transfer to School Districts: For each school district account, when
sufficient funds have accumulated to make transfer of those funds to the
appropriate school district advisable, the Administrative Services Department
shall make such transfer. Such funds shall be transferred not less than quarterly,
if the balance in the fund is more than five thousand dollars ($5,000.00).
b. Transfer to RRFA: The Administrative Services Department shall make
transfer to the RRFA from the Renton Re�ional Fire Authority account such funds
as are required bythe applicable interlocal a�reement between the City and RRFA.
The timin� of such transfers shall be as specified in the interlocal a�reement.
30
ORDINANCE N0. 5865
c. Accountin�: Annually, the City shall provide accountin� records to each
school district and the RRFA and each school district and the RRFA shall prepare a
report on -impact fees showin� the source and amount of all monies collected,
earned or received, and capital or system improvements that were financed in
whole or in part by impact fees.
3. School Fees Encumbered: School 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 a school district to
hold the fees beyond the six (6) year period. A school district may petition the
Council for an extension of the six (6) year period and that school district must set
forth any such extraordinary or compelling reason or reasons in its petition.Where
the Council identifies the reason or reasons in written findings, the Council shall
establish the period of time within which the school impact fees shall be expended
or encumbered, after consultation with the petitioning school district.
4. Transportation, Parks, and Fire Fees Encumbered: Transportation,
parks, and fire impact fees shall be expended or encumbered within ten (10)years
of receipt, unless the Council or RRFA identifies in written findings extraordinary
and compelling reasons for the City or RRFA to hold the fees beyond the ten (10)
year period, pursuant to RCW 82.02.070(3).
N. ADMINISTRATIVE GUIDELINES:
31
ORDINANCE N0. 5865
The Administrator is authorized to adopt internal guidelines for the
administration of impact fees, which may include the adoption of procedural rules
to clarify or further the procedural rules set forth in this Section.
O. REFUNDS AND OFFSETS:
1. Failure to Expend or Encumber: If there is a failure by the City� e�-�
school district,or RRFA to expend or encumber the+�respective impact fees unless
extraordinary or compelling reasons are established pursuant to subsection M of
this Section 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. Potential claimants shall be notified 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 current owner of
record of the real property against which the impact fees were assessed. The City
shall notify potential transportation;or parks�e impact fee claimantsLa�the
applicable school district is responsible for notifyin� potential school impact fee
claimants, and the RRFA is responsible for notifyin� potential fire impact fee
claimants.
a. Transportation and; parks, �^�� impact fees are eligible for a
refund if they have not been expended or encumbered by the City within ten (10)
years of the date the fees were paid.
32
ORDINANCE N0. 5865
b. Fire impact fees are eli�ible for a refund if thev have not been
expended or encumbered by the RRFA within ten (10) years of the date the fees
were paid.
#c. School impact fees are eligible for a refund if they have not been
expended or encumbered by the applicable school district within six (6) years of
receipt of the funds by the City.
2.Timing of Request: Owners seeking a refund of impact fees must submit
a written request for a refund of the fees to the Administrator, school district, or
RRFA, as applicable, within one year of the date the right to claim the refund arises
or the date that notice is given, whichever is later.
3. Fees Not Refunded: Any impact fees for which no application for a
refund has been made within this one year period shall be retained by the City�
school district, or RRFA, as applicable, and expended on the system improvements
for which they were collected.
4. Interest Earned: Refunds of impact fees under this subsection shall
include any interest earned on the impact fees by the City, school district, or RRFA,
as applicable.
5. Termination of Program: 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 and
includin� any school or fire impact fees held by the City, shall be refunded
pursuant to this Section. Upon the finding that any or all fee requirements are to
33
ORDINANCE N0. 5865
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 year.
At the end of one year, any remaining funds shall be retained by the City, but must
be expended for the public facilities for which the impact fees were collected. This
notice requirement shall not apply if there are no unexpended or unencumbered
balances within the account or accounts being terminated.
6. Refunds and Offsets for Development Not Constructed: The City shall
also refund to the current owner of property for which impact fees have been paid
all impact fees paid, including interest earned on the impact fees, if the
development activity for which the impact fees were imposed did not occur;
provided, however, that, if the City has expended or encumbered the impact fees
in good faith prior to the application for a refund, the Administrator may 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 Administrator for an offset in
the amount of the fee originally paid and not refunded. The petitioner must
provide receipts of impact fees previously paid for a development activity of the
same or substantially similar nature on the same real property or some portion
thereof. The Administrator's determinations shall be in writing and shall be
subject to the appeals procedures set forth in subsection L of this Section.
34
ORDINANCE NO. 5865
P. USE OF IMPACT FEES:
1. Pursuant to this Section, impact fees:
a. Shall be used for system improvements that will reasonably benefit
the new development activity;
b. Shall not be imposed to make up for deficiencies in public facilities;
and
c. Shall not be used for maintenance or operation.
2. Transportation, Parks, and Fire Impact Fees:
a. May be spent for system improvements to public streets and roads,
public parks, open space and recreation facilities and fire protection facilities as
herein defined and, including, but not limited to, planning, land acquisition, right-
of-way acquisition, site improvements, necessary off-site improvements,
construction, engineering, architectural, permitting, financing, and administrative
expenses, applicable impact fees or mitigation costs, and any other expenses
which can be capitalized.
b. May also be used to recoup system improvement costs previously
incurred by the City or the RRFA to the extent that new growth and development
will be served by the previously constructed improvements or incurred costs.
3. School Impact Fees: May be expended by the respective school districts
for capital improvements including but not limited to school planning; land
acquisition; site improvements; necessary off-site improvements; construction,
engineering, architectural, permitting, financing, and administrative expenses;
35
ORDINANCE NO. 5865
relocatable facilities, capital equipment pertaining to educational facilities; and
any other expenses which could be capitalized, and which are consistent with the
respective school district's capital facilities plan.
4. Debt Service: In the event that bonds or similar debt instruments are or
have been issued for the advanced provision of system improvements for which
impact fees may be expended, such 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;�
h ;,�,,,� ; .,+�.i,,,--,i -, .,+ ti„+,.,,,�., +h„ r�+„ -,.,a � �,-h�„�
�1;�+.-��+ ,,. oocn
Q. REVIEW AND ADJUSTMENT OF RATES:
1. Transportation;and Parks '^� Impact Fees:
a. The fees and rates set forth in the Rate Study may be reviewed and
adjusted by the Council as it deems necessary and appropriate in conjunction with
the a��budget process so that adjustments, if any, will be effective at the first
of the calendar year subsequent to budget period under review.
b. As part of the budget adoption process, the fees shall be adjusted by
the same percentage change as in the most recent annual change of the
Construction Cost Index published in the Engineering News Record.
2. School and Fire Impact Fees:
a. The school and fire impact fee schedule established in this Section
shall be reviewed and updated by the Council on an annual basis after the Council
36
ORDINANCE N0. 5865
receives the school district's or the RRFA's plan and data required under
subsection J of this Section. The review may occur in conjunction with the�4
update of the capital facilities element of the City's Comprehensive Plan.
b. Unless modified by an applicable interlocal a�reement, o9n an
annual basis, each school district and the RRFA shall submit to the City an update
of the school district's or the RRFA's capital facilities plan, any applicable rate
studies, and a report on the �#ee�impact fee account, 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�#ee�-impact fees.
R. ADMINISTRATIVE FEES:
1. Deferred Fees: Each application for a deferral of payment of residential
impact fees, either under subsection G7 or 8 of this Section, shall pay a
nonrefundable administrative deferral fee of eighty-five dollars ($85.00) for each
lot, single detached dwelling unit, or condominium unit and eighty-five dollars
($85.00)for each multi-family residential building.The fee shall be paid at the time
the application for deferral is submitted to the City.
2. Independent Fee Calculations:Any feepayer submitting an independent
fee calculation shall pay a fee to cover the cost of reviewing the independent fee
calculation. The fee shall be five hundred dollars ($500.00), unless otherwise
established by the Administrator, school district, or the RRFA, and shall be paid by
the feepayer at submittal of the independent fee calculation
+h„ na,�.,�.,��+.-,+„r�� ,�„+,,,-„�,..,-.+;,,.,
37
ORDINANCE N0. 5865
3. Appeals: Any feepayer filing an appeal of impact fees shall pay the fee
set by the City for appeals of administrative interpretations and decision. The
appeal fee shall be paid at the time of filing of the appeal.
4. Account Established: Administrative fees shall be deposited into a
separate administrative fee account within the impact fee account(s).
Administrative fees shall be used to defray the�+t�r=�actual costs associated with
the assessment, collection, administration and update of the impact fees.
5. Refunds, Waivers, and Credits: Administrative fees shall not be
refundable, shall not be waived, and shall not be credited against the impact fees.
S. EXISTING AUTHORITY UNIMPAIRED:
Nothing in this Section 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 SEPA, 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.
Compliance with this Section and/or payment of fees under this Section shall not
constitute evidence of a determination of transportation concurrency.
SECTION IV. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
38
ORDINANCE N0. 5865
SECTION V. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL this 13th day of November, 2017.
Jaso A. Seth, t Clerk
APPROVED BY THE MAYOR this 13th day of November, 2017.
J�.�G�il/,�, .,.Q.�
Denis Law, Mayor
Approved as to form:
��,������������,,,��
,,�y �F R E ���
..����t `` '//
`,.��\.� ,,,,,,,,������,,,,, TO�''�,
v ° ''� 2 '-
_ _ � '', :
Shane Moloney, City Attorney = * = S E A L - * =
's y'= °� ' .. _
,
Date of Publication: 11/17/2017 (Summary) ',,,,��o�A,,,, � , ,,,�6,''0``;
���i���RA,ED`SEQ`���`��
ORD:1986:10/27/17:scr
39