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Department of Community and Economic Development
Planning Division
ADMINISTRATIVE POLICY/CODE INTERPRETATION
ADMINISTRATIVE
POLICY/CODE
INTERPRETATION #:
CI‐153
MUNICIPAL
CODE SECTIONS:
4‐1‐190 Impact Fees and 4‐1‐210 Waived Fees
REFERENCE: 2019‐2020 City of Renton Fee Schedule
SUBJECT:
Administrative fee for the collection of school impact fees
BACKGROUND: The most recently adopted City of Renton Fee Schedule shows a
five percent administrative fee for the collection of school impact
fees. However, Renton Municipal Code was not updated to reflect
this fee. It is clear that the City Council’s legislative intent was to
collect a five percent administrative fee.
DECISION:
The City of Renton will collect an administrative fee equal to five
percent of the total school impact fee collected in order to defray
the administrative cost of collecting, processing, and handling the
impact fees.
JUSTIFICATION:
The City incurs a cost for the collection, processing, and handling of
school impact fees, and it is necessary for Renton Municipal Code
and the Fee Schedule to be aligned.
ADMINISTRATOR
APPROVAL:
_______________________________________
C. E. “Chip” Vincent
EFFECTIVE DATE:
September 16, 2019
APPEAL PROCESS:
To appeal this determination, a written appeal‐‐accompanied by the
required filing fee‐‐must be filed with the City's Hearing Examiner
(1055 South Grady Way, Renton, WA 98057, 425‐430‐6515) no
more than 14 days from the date of this decision. Section 4‐8‐110 of
the Renton Municipal Code provides further information on the
appeal process.
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DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most recently
codified text. In such instances, code amendments implemented through this Administrative Code
Interpretation shall be construed to affect the current code and past/future Administrative Code
Interpretations not yet codified in the same manner as shown below. Should any conflicts result the
Administrator shall determine the effective code.
CODE
AMENDMENTS
NEEDED TO
IMPLEMENT
DETERMINATION(S):
4‐1‐190 IMPACT FEES:
R. ADMINISTRATIVE FEES:
1. Administrative Fee: The City shall collect an administrative fee
equal to five percent (5%) of the total school impact fee collected in
order to defray the administrative cost of collecting, processing, and
handling the impact fees described in this Section.
2. 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.
32. 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.
43. 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.
54. 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 actual
costs associated with the assessment, collection, administration and
update of the impact fees.
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65. Refunds, Waivers, and Credits: Administrative fees shall not be
refundable, shall not be waived, and shall not be credited against
the impact fees.
4‐1‐210 WAIVED FEES:
A. GENERAL:
The Renton City Council may in its discretion waive any and all fees
authorized under this Chapter of Title 4. (Ord. 5153, 9‐26‐2005)
B. AFFORDABLE OWNER‐OCCUPIED HOUSING INCENTIVE:
1. Purpose: To encourage the development of new affordable
owner‐occupied housing in the City by waiving certain development
and mitigation fees for eligible affordable “For Sale” housing
projects, subject to City Council approval.
2. Definitions: In construing the provisions of this subsection B, the
following definitions shall be applied:
a. “Administrator” means the Department of Community and
Economic Development Administrator, or any other City
office, department or agency that shall succeed to its
functions with respect to this subsection B.
b. “Affordable housing” means, for the purposes of housing
intended for owner‐occupancy, residential housing that is
within the means of, set aside for, and purchased by
moderate‐income households.
c. “Household” means a single person, family, or unrelated
persons living together.
d. “Median income” means the median household income
adjusted for household size for King County, as reported by
the United States Department of Housing and Urban
Development (HUD). In the event that HUD no longer
publishes median income figures for King County, the City
may use or determine such other method as it may choose to
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determine the King County median income, adjusted for
household size.
e. “Moderate‐income household” means a single person,
family, or unrelated persons living together whose adjusted
income is at or below either eighty percent (80%) or one
hundred and twenty percent (120%) of the median income,
as implied by context.
3. Eligibility Criteria: To qualify for waived fees, projects shall
consist entirely of new construction with all of the housing units
platted or condominium “For Sale” housing, and meet the following
criteria:
a. The project shall include a minimum of ten (10) units; and
b. The project shall designate and sell at least fifty percent
(50%) of total housing units as affordable housing for
households at or below eighty percent (80%) of median
income, and designate and sell any remaining housing units
as affordable housing for households at or below one
hundred twenty percent (120%) of median income; and
c. Affordable housing units for households with income at or
below eighty percent (80%) of median income shall remain as
affordable housing in perpetuity through a community land
trust or other similar model acceptable to the City; and
d. The applicant/owner shall demonstrate their experience
and/or ability to provide affordable housing and identify a
third‐party entity who will document compliance with the
affordable housing requirements for the annual reports
described in subsection B9 of this Section.
4. Applicable Fees:
a. Fees which may be waived are:
i. Building permit fees;
ii. Building permit plan review fees;
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iii. Water, surface water, and wastewater system
development charges;
iv. Public Works plan review and inspection fees;
v. Transportation and parks impact mitigation fees;
vi. Fire impact mitigation fees, to the extent such waiver
is authorized by interlocal agreement with the Renton
Regional Fire Authority;
vii. Civil plan review and inspection fees; and
viiii. Technology surcharge fees; and
x. Administrative fee for collecting, processing, and
handling school impact fees.
b. Fees which may not be waived are all fees not listed in
subsection B4a of this Section, including:
i. Fire plan review and permit fees.
5. Application Process: To apply for waived fees under this
subsection B, the applicant/owner shall apply by sending a written
letter describing the project and requesting the fee waiver to the
Administrator at the time of the land use application, unless
otherwise approved by City Council.
6. Restrictive Covenant: If the City Council waives fees under this
subsection B, all real property subject to the waiver shall be
encumbered by a restrictive covenant requiring that the real
property be platted or restricted to condominium housing, that the
housing units designated as affordable housing for households at or
below eighty percent (80%) of median income shall be maintained
and sold as affordable housing to households at or below eighty
percent (80%) of median income in perpetuity, and that the housing
units designated as affordable housing for households at or below
one hundred twenty percent (120%) of median income shall be
initially sold as affordable housing to households at or below one
hundred twenty percent (120%) of median income. After review
and approval of the fee waiver by the City Council and review and
approval of the restrictive covenant by the Administrator, the
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restrictive covenant shall be executed and recorded at the
applicant/owner’s expense prior to the issuance of any building
permit for the project, unless otherwise approved by City Council. If
the applicant/owner fails to timely execute and record the
covenant, the fee waiver shall be revoked and the applicant/owner
shall pay all applicable fees plus interest accrued at the statutory
rate from the date of the City Council’s fee waiver.
7. Contract: If the City Council waives fees for a project, the
applicant/owner shall enter into a contract with the City, approved
by the City Council, regarding the terms and conditions of the
project under this subsection B. The contract shall be executed and
recorded against the subject real property at the applicant/owner’s
expense before the project is entitled to issuance of a Certificate of
Occupancy. If the applicant/owner fails to timely execute and
record the contract, the fee waiver shall be revoked and the
applicant/owner shall pay all applicable fees plus interest accrued at
the statutory rate from the date of the City Council’s fee waiver.
8. Cancellation: If the applicant/owner or project fails to meet any
requirement of this subsection B after the City Council waives fees,
the fee waiver shall be revoked and the applicant/owner shall pay
all applicable fees plus interest accrued at the statutory rate from
the date of the City Council’s fee waiver.
9. Annual Certification and Report: Within thirty (30) days after the
first anniversary of issuance of the project’s Certificate of
Occupancy and each year thereafter for thirty (30) years, the
applicant/owner shall file an annual report with the Administrator.
The report shall contain such information as the Administrator may
deem necessary or useful, and shall at a minimum include the
following information:
a. A certification that the project has been in compliance with
the affordable housing requirements as described in
subsections B3b and c of this Section since the date the City
issued the project’s Certificate of Occupancy and that the
project continues to be in compliance with the contract with
the City and the requirements of this subsection B;
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b. A breakdown of the number and specific housing units sold
during the twelve (12) months ending with the anniversary
date, as applicable, to meet the affordable housing
requirements in subsections B3b and c of this Section;
c. The total sale amount of each affordable housing unit for
households at or below eighty percent (80%) and/or one
hundred twenty percent (120%) of median income sold
during the twelve (12) months ending with the anniversary
date, as applicable;
d. The income of each purchaser (at the time of purchase) of
an affordable housing unit for households at or below eighty
percent (80%) and/or one hundred twenty percent (120%) of
median income during the twelve (12) months ending with
the anniversary date, as applicable; and
e. Documentation that a third‐party entity has monitored the
project’s compliance with the affordable housing
requirements in subsections B3b and c of this Section, as
applicable.
10. Sunset: The City will accept applications for waived fees under
this subsection B until close of business on December 31, 2021,
unless extended by City Council action. (Ord. 4913, 8‐27‐2001; Amd.
Ord. 5095, 9‐13‐2004; Ord. 5153, 9‐26‐2005; Ord. 5309, 10‐8‐2007;
Ord. 5524, 2‐1‐2010; Ord. 5668, 8‐20‐2012; Ord. 5676, 12‐3‐2012;
Ord. 5760, 6‐22‐2015; Ord. 5782, 12‐7‐2015)
C. AFFORDABLE RENTAL HOUSING INCENTIVE:
1. Purpose: To encourage development of new affordable rental
housing in the City by waiving certain development and mitigation
fees for eligible affordable rental housing projects, subject to City
Council approval.
2. Definitions: In construing the provisions of this subsection C, the
following definitions shall be applied:
a. “Administrator” means the Department of Community and
Economic Development Administrator, or any other City
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office, department or agency that shall succeed to its
functions with respect to this subsection C.
b. “Affordable housing” means residential housing that is
rented by a low‐income household whose monthly housing
costs, including rent and utilities other than telephone, do not
exceed thirty percent (30%) of the household’s monthly
income. However, if the housing project is funded with
federal low‐income housing tax credits (LIHTC) as provided
for in Section 42 of the Internal Revenue Code, a unit will be
considered affordable housing if it is rented at or below the
rental rate for a household at sixty percent (60%) of the King
County median income under the LIHTC program rules with a
deduction for utility costs, if applicable. The King County
LIHTC rents are published annually by the Washington State
Housing Finance Commission and are based on unit size
assuming occupancy of one person for a studio unit and one
and one‐half (1.5) persons per bedroom.
c. “Household” means a single person, family, or unrelated
persons living together.
d. “Low‐income household” means a single person, family, or
unrelated persons living together whose adjusted income is
at or below sixty percent (60%) of the median income.
e. “Median income” means the median household income
adjusted for household size for King County, as reported by
the United States Department of Housing and Urban
Development (HUD). In the event that HUD no longer
publishes median income figures for King County, the City
may use or determine such other method as it may choose to
determine the King County median income, adjusted for
household size.
f. “Rental housing” means housing that provides rental
accommodation on a nontransient basis. This definition
includes rental accommodation that is leased for a period of
at least one month but excludes, for example, hotels and
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motels that predominantly offer rental accommodation on a
daily or weekly basis.
3. Eligibility Criteria: To qualify for waived fees, projects shall
consist entirely of new construction and meet the following criteria:
a. The project shall include a minimum of eight (8) units if in
the Residential‐1 (R‐1), Residential‐4 (R‐4), Residential‐6 (R‐
6), Residential‐8 (R‐8), Residential‐10 (R‐10), Residential‐14
(R‐14), or Residential Multi‐Family (RMF) Zones; or the
project shall include a minimum of thirty (30) units if in the
Center Neighborhood (CN), Commercial Arterial (CA), Center
Village (CV), Center Downtown (CD), or Commercial Office
(CO) Zone;
b. The project shall designate and rent one hundred percent
(100%) of the housing units as affordable housing for
households at or below sixty percent (60%) of median
income;
c. For projects funded by the federal low‐income housing tax
credit program (LIHTC), income averaging is permitted
provided all units are affordable housing for households with
income at or below eighty percent (80%) of median income,
and the average rent for all housing units does not exceed the
rate affordable for households with income at or below sixty
percent (60%) of median income;
d. Affordable housing units for households with income at or
below sixty percent (60%) of median income shall remain as
affordable housing for a minimum of thirty (30) years; and
e. The applicant/owner shall demonstrate experience and/or
ability to provide affordable housing and identify a third‐party
entity who will document compliance with the affordable
housing requirements for the annual reports described in
subsection C9 of this Section.
4. Fees:
a. Fees which may be waived are:
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i. Building permit fees;
ii. Building permit plan review fees;
iii. Water, surface water, and wastewater system
development charges;
iv. Public Works plan review and inspection fees;
v. Transportation and parks impact mitigation fees;
vi. Fire impact mitigation fees, to the extent such waiver
is authorized by interlocal agreement with the Renton
Regional Fire Authority;
vii. Civil plan review and inspection fees; and
viii. Technology surcharge fees;. and
viii. Administrative fee for collecting, processing, and
handling school impact fees.
b. Fees which may not be waived are all fees not listed in
subsection C4a of this Section, including:
i. Fire plan review and permit fees.
5. Application Process: To apply for the waived fees under this
subsection C, the applicant/owner shall apply by sending a written
letter describing the project and requesting the fee waiver to the
Administrator at the time of the land use application, unless
otherwise approved by City Council.
6. Restrictive Covenant: If the City Council waives fees under this
subsection C, all real property subject to the waiver shall be
encumbered by a restrictive covenant requiring that the real
property shall be maintained and rented as affordable housing as
described in subsections C3b, c and d of this Section. After review
and approval of the fee waiver by the City Council and the review
and approval of the restrictive covenant by the Administrator, the
restrictive covenant shall be executed and recorded at the
applicant/owner’s expense prior to the issuance of any building
permit for the project, unless otherwise approved by City Council. If
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the applicant/owner fails to timely execute and record the
covenant, the fee waiver shall be revoked and the applicant/owner
shall pay all applicable fees plus interest accrued at the statutory
rate from the date of the City Council’s fee waiver.
7. Contract: If the City Council waives fees for a project, the
applicant/owner shall enter into a contract with the City, approved
by the City Council, regarding the terms and conditions of the
project under this subsection C. The contract shall be executed and
recorded against the subject real property at the applicant/owner’s
expense before the issuance of the Certificate of Occupancy. If the
applicant/owner fails to timely execute and record the contract, the
fee waiver shall be revoked and the applicant/owner shall pay all
applicable fees plus interest accrued at the statutory rate from the
date of the City Council’s fee waiver.
8. Cancellation or Modification: If the applicant/owner or project
fails to meet any requirements of this subsection C after the City
Council waives fees, the fee waiver shall be revoked and the
applicant/owner shall pay all applicable fees with interest accrued
at the statutory rate from the date of the City Council’s fee waiver.
After the City Council waives fees, the project may not be modified
to owner‐occupied “For Sale” housing without the advance
approval of the City Council.
9. Annual Certification and Report: Within thirty (30) days after the
first anniversary of issuance of the project’s Certificate of
Occupancy and each year thereafter for thirty (30) years, the
applicant/owner shall file an annual report with the Administrator.
The report shall contain such information as the Administrator may
deem necessary or useful, and shall at a minimum include the
following information:
a. A certification that the property has been in compliance
with the affordable housing requirements in subsections C3b,
c, and d of this Section, as applicable, since the date the City
issued the Certificate of Occupancy and that the project
continues to be in compliance with the contract with the City
and the requirements of this subsection C;
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b. A statement of occupancy and vacancy of the dwelling
units during the twelve (12) months ending with the
anniversary date;
c. A breakdown of the number and specific housing units
rented during the twelve (12) months ending with the
anniversary date;
d. The total monthly rent of each housing unit rented during
the twelve (12) months ending with the anniversary date;
e. The income of each renter household at the time of initial
occupancy during the twelve (12) months ending with the
anniversary date; and
f. Documentation that a third‐party entity has monitored the
project’s compliance with the affordable housing
requirements in subsections C3b, c, and d of this Section, as
applicable.
STAFF CONTACT: Paul Hintz, Senior Planner, x7436