HomeMy WebLinkAbout4767 Ordinance -Transportation Impact Fees Update
Ordinance – Amending PMC Related to TIF - 1
FG: 103761221.1
ORDINANCE NO. 4767
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
RELATED TO TRANSPORTATION IMPACT FEES, AMENDING
CERTAIN PROVISIONS IN CHAPTERS 3.35 AND 3.40 OF THE
PASCO MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the Growth Management Act, Chapter 36.70A RCW (“GMA”) requires
certain Washington cities and counties to address the effects of uncoordinated and unplanned
growth by engaging in comprehensive growth planning; and
WHEREAS, the City of Pasco is one of the local governments required to plan under the
GMA; and
WHEREAS, the GMA and RCW 36.70A.040 and .070 require certain cities to adopt and
periodically update a comprehensive plan and development regulations consistent with said
comprehensive plan, with the comprehensive plan containing eight (8) mandatory elements
including a Capital Facilities Element and Transportation Element; and
WHEREAS, RCW 36.70A.070(3) requires that a Capital Facilities Element include (a) an
inventory of existing capital facilities owned by public entities; (b) a forecast of capital facilities’
future needs; (c) proposed locations and capacities of expanded or new capital facilities; (d) at
least a six-year plan that will finance such capital facilities within projected funding capacities and
that clearly identifies sources of public money for such purposes; and (e) a requirement to reassess
the land use element if probable funding falls short of meeting existing needs and to ensure that
the land use element, capital facilities plan element, and capital facilities element’s financing plan
are coordinated and consistent; and
WHEREAS, to ensure that adequate facilities are available to serve new growth and
development, and to facilitate the ability of counties, cities and towns to provide funding for, and
to require that new growth and development pay a proportionate share of, the cost of new facilities
needed to serve new growth and development addressed in the Capital Facilities Element of a
GMA comprehensive plan, the Legislature included in the GMA express authorization for cities
and counties to impose impact fees on development activity as part of the financing for public
facilities; and
WHEREAS, the City of Pasco has previously adopted ordinances requiring that all
developers shall pay transportation impact fees in accordance with the provisions of Chapters 3.35
and 3.40 of the Pasco Municipal Code (“PMC”) at the time that an applicable development permit
is available for issuance; and
WHEREAS, the City of Pasco is in the process of adopting a periodic update of its
Comprehensive Plan in order to comply with GMA mandates in RCW 36.70A.130; and
Ordinance – Amending PMC Related to TIF - 2
FG: 103761221.1
WHEREAS, the City has updated its capital facilities planning and identified
transportation capital facilities that are needed to serve projected new growth and development;
and
WHEREAS, the City of Pasco has not updated its transportation impact fee since 2009;
and
WHEREAS, using a carefully crafted regional transportation model other engineering
review, the City has analyzed the extent to which new development in different areas of the City
require, and would benefit from, the transportation capital projects identified as needed to serve
projected new growth and development; and
WHEREAS, the results of the City’s analysis are set forth in the April, 2025 Pasco
Transportation Impact Fee (TIF) Rate Study prepared by Fehr & Peers; and
WHEREAS, the Pasco City Council desires to amend applicable provisions of the PMC
in order to update the City’s transportation impact fee and fee schedule, in order to ensure that new
growth and development pays a proportionate share of, the cost of new transportation facilities
needed to serve that new growth and development; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. PMC Section 3.35.230 Amended. Pasco Municipal Code Section 3.35.230
is hereby amended as follows:
3.35.230 Transportation impact fees.
Fee/Charge Reference
Residential developments $709.00 3.40.060
Multifamily units $435.00 3.40.060
Commercial $43.00 per daily
vehicle trip
3.40.060
Fee/PM Peak Hour Trip
North TIF District* $2,215.84
West TIF District $1,395.77
South TIF District $3,862.46
Central TIF District $2,694.78
East TIF District $812.06
Ordinance – Amending PMC Related to TIF - 3
FG: 103761221.1
*See Figure 1 for TIF Districts map.
Beginning January 1, 2027, and annually thereafter, the transportation impact fees
for all zones charged during the preceding calendar year shall be increased by the
year-over-year annual, positive percentage change shown in the Engineering News
Record Construction Cost Index for the Seattle, Washington, area as reported for
the preceding July. Such adjusted transportation impact fees shall be set forth in the
City’s fee schedule, to be effective January 1 of each year.
FIGURE 1 – TIF DISTRICTS MAP
[Ord. 3905, 2009; Ord. 3719, 2005; Code 1970 § 3.07.220.]
Section 2. Chapter 3.40 PMC Amended. Chapter 3.40 of the Pasco Municipal Code is
hereby amended as set forth in Exhibit B attached to and incorporated by this reference.
Chapter 3.40
IMPACT FEES
Sections:
3.40.010 Findings and purpose.
3.40.020 Applicability.
3.40.030 Geographic scope and service area.
3.40.040 Definitions.
3.40.050 Imposition of transportation impact fees.
3.40.060 Fee schedule.
3.40.070 Time of payment of impact fee.
3.40.080 Credits.
3.40.090 Permitted adjustments.
Ordinance – Amending PMC Related to TIF - 4
FG: 103761221.1
3.40.100 I-182 corridor traffic impact fund Transportation impact fee
fund.
3.40.110 Refunds.
3.40.120 Appeals.
3.40.130 Enforcement.
3.40.140 Relationship to SEPA
3.40.150 Relationship to concurrency.
3.40.160 Project list.
3.40.170 Calculation of impact fees.
3.40.180 Independent fee calculation.
3.40.010 Findings and purpose.
Pursuant to RCW 82.02.050 through 82.02.100, the city adopts impact fees for
transportation. The City Council finds and determines that new growth and
development activities within the City will create additional demand for the
construction, improvement and utilization of public streets, roadways, and right-of-
way improvements by bringing additional residents, visitors, businesses and
customers into the City; and further finds that new growth and development
activities should pay a proportionate share of the costs of such necessary
transportation and circulation facilities needed to serve this new growth and
development activity. It is therefore necessary to regulate property development to
improve public transportation facilities in order to through mitigating mitigate the
direct impacts of the development, and to by the assessment of transportation
impact fees to insure ensure that system improvements to these transportation
facilities are adequately funded and available to serve the increased demand
resulting from this growth and development and that new growth and development
pays a predictable, proportionate share of the infrastructure costs attributable to new
growth. It is the intent that the provisions of this chapter shall be liberally construed
to effectively carry out the purposes of the Council in establishing this
transportation impact fee. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970
§ 3.132.010.]
3.40.020 Applicability.
The City shall collect transportation impact fees as provided in this Chapter as
provided in PMC 3.35.230 from any applicant seeking a development approval
from the City for any development activity within that portion of the City identified
in PMC 3.40.030 3.40.040, where such development activity requires the issuance
of a building or occupancy permit. This shall include, but not be limited to, the
development of residential, commercial, retail, office, and industrial land, and
includes the expansion of existing uses that create an additional demand upon
public transportation facilities, as well as a change in an existing use that creates an
additional demand for public transportation facilities. Transportation impact fees
shall be collected prior to the issuance of development approval, unless deferred as
provided in this Chapter. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970
§ 3.132.020.]
Ordinance – Amending PMC Related to TIF - 5
FG: 103761221.1
3.40.030 Geographic scope and service area.
The boundaries within which the transportation impact fees shall be charged and
collected are co-extensive with the City of Pasco corporate boundaries, those areas
within the I-182 Corridor Subarea lying west of 20th Avenue bounded on the north
by the northern City boundaries and on the south and west by the Columbia River,
and shall include all unincorporated areas annexed to the City on or after the
effective date of the ordinance codified in this chapter. For the purpose of this
chapter, the entire City shall be considered one service area. and the dDevelopment
activity on of unincorporated properties that may create an additional demand upon
the public traffic facilities within the service area this geographic area imposed may
be addressed in pursuant to an interlocal agreement between the City and the
County specifically addressing the identification identifying and mitigation
mitigating of these transportation impacts. [Ord. 4688 § 1, 2023; Ord. 3719 § 1,
2005; Code 1970 § 3.132.030.]
3.40.040 Definitions.
“Applicant for impact fee deferral” means an applicant for a development approval
building permit that also makes an application for impact fee deferral. “Applicant
for impact fee deferral” It includes an entity that controls the applicant, is controlled
by the applicant or is under common control with the applicant.
"Development activity" means construction or expansion of any residential,
commercial, retail, office, and industrial building, structure, or use, any change to
or expansion in use of any such building or structure, or any changes in the use of
land, that creates additional demand and need for public transportation facilities.
Development activity" does not include: buildings or structures constructed by a
regional transit authority; or buildings or structures constructed as shelters that
provide emergency housing for people experiencing homelessness, or emergency
shelters for victims of domestic violence, as defined in RCW 70.123.020.
“Development approval” means a building or occupancy permit authorizing the
commencement of a specific development activity.
“TIF District” means a geographical sub-area of the City service area, in which a
specific transportation impact fee rate is imposed based on the proportional share
of the cost of transportation public facility improvements within the overall service
area, as determined by the relative transportation service demands and needs of the
estimated new growth within the TIF District. The TIF Districts are shown in Figure
1 to PMC Section 3.35.230.
"Impact fee" means a payment of money imposed upon development as a condition
of development approval to pay for public facilities needed to serve new growth
and development, that is reasonably related to the new development that creates
additional demand and need for public facilities, that is a proportionate share of the
cost of the public facilities, and that is used for facilities that reasonably benefit the
Ordinance – Amending PMC Related to TIF - 6
FG: 103761221.1
new development. "Impact fee" does not include a reasonable permit or application
fee.
“Project list” means system improvements set forth in PMC 3.40.160.
“Service area" means a geographic area defined by the City in which a defined set
of public facilities provide service to development within the area.
“Transfer” means sale as defined in RCW 82.45.010, forfeiture, foreclosure, trade,
gift, receivership, bankruptcy or other change in ownership or interest in real
property or improvements. [Ord. 4688 § 1, 2023; Ord. 4307, 2016; Code 1970
§ 3.132.035.]
3.40.050 Imposition of transportation impact fees.
Transportation impact fees shall:
(1) Be imposed only for system improvements that are reasonably related to the
new development.
(2) Not exceed a proportionate share of the costs of system improvements that are
reasonably related to the new development.
(3) Be used for system improvements that will reasonably benefit the new
development.
(4) May be collected and spent only for transportation and right-of-way system
and right-of-way improvements which are addressed by the capital facilities plan
element of the City of Pasco Comprehensive Land Use Plan and adopted Ssubarea
Pplans addressing the following elements:
(a) Deficiencies in public transportation facilities serving existing
development and the means by which existing deficiencies will be eliminated
within a reasonable period of time;
(b) Additional demands placed on existing public facilities by new
development; and
(c) Additional public facility improvements required to serve new
development.
(5) Should not be imposed to mitigate the same off-site transportation facility
impacts that are mitigated by any other assessment required by RCW 43.21C
ordinance or law of for the same development. [Ord. 4688 § 1, 2023; Ord. 3719
§ 1, 2005; Code 1970 § 3.132.040.]
Ordinance – Amending PMC Related to TIF - 7
FG: 103761221.1
3.40.060 Fee schedule.
The transportation impact fee shall be collected from an applicant for development
approval paid according to the rate schedule as set forth in PMC 3.35.230 for the
TIF District in which the development activity is proposed, and calculated as
provided in Section 3.40.170. The rate schedule in PMC 3.35.230, the TIF Districts
and the service area have been determined based on the City of Pasco TIF Rate
Study available on file with the Pasco Community & Economic Development
Director, and which analyzed the anticipated number and distribution of vehicle
trips generated by new growth and development and their direct impact on the
transportation system and benefit from system improvements needed to serve the
new development. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970
§ 3.132.050.]
3.40.070 Time of payment of impact fee.
(1) All developers shall pay an impact fee in accordance with the provisions of
this chapter at the time of issuance of development approval, unless fee payment is
deferred as provided in subsection (2) of this section. that the applicable
development permit is available for issuance.
The impact fee as initially calculated, after issuance of a development permit
approval, may be recalculated at the time of payment if the development is modified
or conditioned in such a way as to alter the trip generation rate for the development
activity.
No development permit approval shall be issued until the impact fee is paid, except
when a developers defers payment as provided in this section until building permits
are issued for the lots within the subdivision, short plat, or planned unit
development for single-family detached and attached residential construction.
A developer may obtain a preliminary determination of the impact fee before
application for a development permit upon providing the Director of Community
and Economic Development with the information necessary for processing the
application.
Impact fees may be paid under protest in order to obtain a permit or other approval
of development activity.
(2) Deferral of Impact Fees. For each development approval construction permit
for which any impact fee deferral is applied for, an administrative fee set in Chapter
3.35 PMC must simultaneously be paid to the City due to the increased burden
placed on City staff for processing, recording and monitoring such deferrals.
(a) A separate application must be submitted for each development approval
construction permit. Each applicant, in accordance with his or her contractor
registration number or other unique identification number, is entitled to annually
receive deferrals for 20 development approvals construction building permits. The
Ordinance – Amending PMC Related to TIF - 8
FG: 103761221.1
Community and Economic Development Director is authorized to grant additional
deferrals beyond the standard entitlement of 20. If the City at any time collects
impact fees on behalf of one or more school districts for which the collection of
impact fees could be delayed, the City must consult with the district or districts
about additional deferrals. The City must give additional weight to
recommendations of each applicable school district regarding the number of
deferrals. If the City disagrees with the recommendations of one or more school
districts, the City must provide the district or districts with a written rationale for
its decision.
(b) The period of deferral expires at the earliest of:
(i) The time of final inspection by the City;
(ii) The time of issuance of a certificate of occupancy by the City;
(iii) The time of closing or the first transfer of the property occurring after the
issuance of the applicable building permit; or
(iv) Eighteen months after the building permit is issued by the City.
(c) Final inspection and a certificate of occupancy will not be conducted or issued
until payment in full of the impact fees is made. For the first transfer of the property,
the impact fees shall be paid at closing if they have not been previously paid. Unless
an agreement to the contrary is reached between the buyer and the seller, the
payment of impact fees due at closing of a sale must be made from the seller’s
proceeds. In the absence of an agreement to the contrary, the seller bears strict
liability for the payment of the impact fees.
(d) The applicant for impact fee deferral must grant and record in favor of the City
an impact fee lien in the amount of the deferred impact fee. The lien must be in a
form signed, dated and approved by the City Attorney, and signed by all owners of
the property and persons or entities holding any interest in the property, with all
signatures acknowledged as required for a deed, and recorded among the
appropriate land records of Franklin County. Proof of such recording shall be
submitted to the City before a building permit may be issued. The lien must specify
that it is binding on all successors in title after the recordation. The lien may specify
that it is subordinate to one mortgage for the purpose of construction upon the same
real property granted by the applicant for impact fee deferral. A mortgage, deed of
trust or other financing mechanism shall be limited to the property upon which
construction will occur. A lien not paid when due shall bear interest at the statutory
rate. A lien shall become due at the expiration of the deferral date.
(e) If impact fees are not paid in accordance with this section, the City may
institute foreclosure proceedings in accordance with Chapter 61.12 RCW. If the
City of Pasco does not institute foreclosure proceedings for unpaid school impact
fees within 45 days after receiving notice from a school district requesting that it
do so, the district may institute foreclosure proceedings with respect to the unpaid
school impact fees.
Ordinance – Amending PMC Related to TIF - 9
FG: 103761221.1
(f) After full payment of impact fees, and upon written request of the person
paying said fees containing the name and address of the requester together with a
copy of a proposed lien release form, the City, upon approval by the City Attorney,
shall sign a lien release and deliver it to the person paying said fee either in person
or by first-class mail. The property owner at the time of the release, at his or her
expense, is responsible for recording the lien release.
(g) An annual report shall be prepared by the Department of Community and
Economic Development Department evaluating and summarizing the impact(s) of
the deferral program. [Ord. 4726 § 1, 2024; Ord. 4688 § 1, 2023; Ord. 4307, 2016;
Ord. 3719 § 1, 2005; Code 1970 § 3.132.060.]
3.40.080 Credits.
A credit, not to exceed the amount of the transportation impact fee otherwise
required by this chapterpayable, shall be provided for the actual value of any
dedication of land for, improvement to, or new construction of any transportation
system improvements provided by the developer and to facilities that are identified
in the Comprehensive Plan capital transportation facilities element plan (or other
plan expressly adopted by reference therein), and required by the City as a condition
of a development approvaling the development activity subject to the permit. A
credit shall also be provided in the amount of a transportation impact fee calculated
under Ordinance No. 3905 and imposed as a condition of development approval
prior to June 25, 2025. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970
§ 3.132.070.]
3.40.090 Permitted adjustments.
The Director of Community and Economic Development may adjust the standard
transportation impact fee at the time the fee is imposed as may be necessary to
accommodate unusual circumstances in specific cases to insure ensure that impact
fees are imposed fairly.
The amount of the fee to be imposed on a particular development may be adjusted
by the Director of Community and Economic Development after having given
consideration to studies and other data available to the Director of Community and
Economic Development or submitted by the developer demonstrating to the
satisfaction of the Director of Community and Economic Development that an
adjustment should be made in order to carry out the purposes of this chapter.
The transportation impact fee may provide for system improvement costs
previously incurred by the City to the extent that new growth and development will
be served by the previously constructed improvements provided such fee shall not
be imposed to make up for any systems improvement deficiencies. [Ord. 4688 § 1,
2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.080.]
3.40.100 I-182 corridor traffic impact fund Transportation impact fee
fund.
Ordinance – Amending PMC Related to TIF - 10
FG: 103761221.1
The I-182 Corridor Transportation Impact Fee Fund is hereby created into which
traffic impact fees shall be deposited as a special interest bearing account. All
interest shall be retained in the account and expended for the purpose or purposes
for which the traffic impact fees were imposed. Annually, a report showing the
source and amount of all moneys collected, earned or received to the account, and
system improvements that were financed in whole or in part by the impact fees shall
be prepared and presented to the City Council.
Traffic impact fees for transportation system improvements shall be expended only
in conformance with the City of Pasco Comprehensive Plan capital facilities plan
element (and any other plan expressly adopted by reference therein) and adopted
subarea plans of the City of Pasco Comprehensive Plan , and TIF Project List
adopted in PMC 3.40.160 or as hereafter amended.
Traffic impact fees shall be expended or encumbered for permissible use within six
ten years of receipt, unless there exists an extraordinary or compelling reason for
fees to be held longer than six ten years. Such extraordinary or compelling reasons
shall be identified in written findings by the City Council. [Ord. 4688 § 1, 2023;
Ord. 3719 § 1, 2005; Code 1970 § 3.132.090.]
3.40.110 Refunds.
(1) The current owner of the property as reflected in the records of the Franklin
County Auditor, on which an impact fee has been paid, may receive a refund of
such fees if the City fails to expend or encumber the impact fees within six ten years
of the date the fees were paid or longer as designated by the City Council by written
findings on public transportation facilities intended to benefit the development
activity for which the impact fees were paid. In determining whether traffic impact
fees have been encumbered, impact fees shall be considered encumbered on a first
in, first out basis. The City shall notify potential claimants by first-class mail
deposited with the United States postal service at the last known address of the
claimant.
(2) The request for refund must be submitted to the City Council by depositing the
same in the office of the City Clerk by written notice within one year of the date
the right to claim the refund arises or the date that notice is given, whichever is
later. Any impact fees that are not expended within these time limits, and for which
no application for refund has been made within this one-year period, shall be
retained and expended on the indicated capital facilities. Refunds of transportation
impact fees shall include actual interest earned on the impact fees.
(3) In the event the City seeks to terminate any and all impact fee requirements,
all unexpended or unencumbered funds, including interest earned, shall be
refunded. Upon the finding by the City Council that any and all fund requirements
are to be terminated, the City shall place a notice of such termination and the
availability of refunds in a newspaper of general circulation at least two times and
shall notify all potential claimants by first-class mail to the last known address of
Ordinance – Amending PMC Related to TIF - 11
FG: 103761221.1
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 indicated public transportation facility. This notice
requirement shall not apply if there are no unexpended or unencumbered balances
within the account being terminated.
(4) A developer may request and shall receive a refund, including interest earned
on the impact fees, when the developer does not proceed with the development
activity and no impact has resulted. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005;
Code 1970 § 3.132.100.]
3.40.120 Appeals.
(1) A developer may appeal the amount of a transportation impact fee determined
by the Director of Community and Economic Development to the City Hearing
Examiner under the procedures provided in Chapter 25.195 PMC. The developer
shall have the burden of proving:
(a) An error was committed in calculating the assessment of the impact fee or
the developer’s proportionate share.
(b) Such fee does not mitigate a direct impact.
(c) The City based its determination on incorrect data. A developer may also
submit such other information deemed relevant or appropriate for the purpose
of disputing the impact fee.
(d) The Director of Community and Economic Development shall meet with
the developer and such other parties as are deemed necessary in order to resolve
the dispute. If the dispute is not resolved by the Director, the developer may
appeal the imposition of the impact fee to the Hearing Examiner. The Hearing
Examiner only determines whether the fee is reasonable, but does not make any
adjustment thereto. The Hearing Examiner may remand the matter to the
Community and Economic Development Department for further consideration
consistent with the Hearing Examiner’s decision.
(2) An appeal from a decision of the Director of Community and Economic
Development must be filed with the Hearing Examiner within 10 calendar days of
the Director’s written decision regarding the fee amount. [Ord. 4688 § 1, 2023; Ord.
3719 § 1, 2005; Code 1970 § 3.132.110.]
3.40.130 Enforcement.
When a development has been identified as having a direct impact upon the public
transportation facilities, and an impact fee has not been paid, the requested permit
may be denied.
Ordinance – Amending PMC Related to TIF - 12
FG: 103761221.1
A development permit issued after the effective date of the ordinance codified in
this chapter shall be null and void if issued without substantial compliance with this
chapter. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.120.]
3.40.140 Relationship to SEPA.
Nothing in this chapter shall be construed as limiting applicable requirements for
environmental review of proposed development activity pursuant to SEPA and
other applicable city ordinances and regulations. Requirements to construct
transportation system or project improvements and/or to pay mitigation fees may
be imposed to mitigate adverse impact identified through SEPA or other
environmental review, in addition to payment of transportation impact fees under
this Chapter; provided, however, that a person required to pay a fee pursuant to
SEPA environmental review for a specific system improvement shall not be
required to pay that portion of an impact fee imposed under this chapter for that
same system improvement.
Nothing in this chapter shall be construed to limit the city’s authority to deny a
development permit when a proposal would result in significant adverse
transportation impacts identified through SEPA environmental review, and
reasonable mitigation measures are insufficient to mitigate the identified impact.
3.40.150 Relationship to concurrency.
Neither compliance with this chapter, or the payment of any fee hereunder, shall
constitute a determination of transportation concurrency under PMC Chapter
12.36.
3.40.160 Project List.
The transportation system improvements included in the transportation impact fee
program are:
1. Rd 40 E Extension
2. Burns Rd Extension
3. Road 76 Overpass
4. Sandifur Pkwy/Rd 76
5. Burden Blvd/Rd 60
6. Burden Rd/Madison Ave
7. Burden Rd/Rd 44
8. Lewis St/Heritage Blvd
9. Rainier Ave/Kartchner St
10. Sandifur Pkwy/Rd 84
11. Rd 76 Improvements
12. Sandifur Pkwy/Convention Dr
13. Argent Rd Widening (Phase 4)
14. Court St/Rd 60
15. Burns Rd Extension to Glade Rd
16. Harris Rd/Crescent Rd Overpass
17. I-182/Broadmoor Blvd I/C
Ordinance – Amending PMC Related to TIF - 13
FG: 103761221.1
18. Burns Rd/Rd 68
19. Court St/Rd 100
20. Harris Rd Realignment
3.40.170 Calculation of impact fees.
The transportation impact fee is calculated by the net calculated vehicle PM peak
trips generated by a proposed development multiplied by the current transportation
impact fee per PM peak hour trip set forth in PMC 3.35.230 for the TIF District the
project is located.
When estimating an impact fee for a development or land use change, the following
procedure should be used to estimate PM peak hour vehicle trips and associated
impact fees:
1. Review the most recent version of the ITE Trip Generation Manual for the
estimated number of PM peak vehicle trips, selecting the most appropriate land
use for the proposed development based on sound engineering judgement and
land uses available from the ITE Manual.
2. Reduce PM peak hour vehicle trips based on the pass-by rate in the most recent
version of the ITE manual.
a. The use of pass-by rates from the ITE Trip Generation Manual applies to
select land uses from the following land use categories:
i. Institutional
ii. Retail
iii. Services.
3. Apply internal capture rates for mixed-use developments.
a. Internal capture adjustments apply to mixed-use developments only and
should be based on the most recent version of the ITE manual. These
calculations identify the number of internal trips (those within a mixed-use
development) and external trips (those starting or ending outside of the
mixed-use development).
4. Multiply the resulting estimate for new PM peak vehicle trips by the adopted
cost per trip rate for the relevant TIF District.
3.40.180 Independent fee calculation.
As an alternative to payment of impact fees as provided in the schedules set forth
in this chapter, any person required to pay impact fees may request that such fees
be calculated according to an independent fee calculation study submitted by such
person and approved by the Community & Economic Development Director as
provided in this section. A person required to pay impact fees may submit an
independent fee calculation study for one or more impact fees and use the impact
fee schedules in this chapter for one or more impact fees.
Ordinance – Amending PMC Related to TIF - 14
FG: 103761221.1
All independent fee calculation studies shall be submitted to the Director for review
and approval. The study shall be accompanied by the fee set by City Council
resolution for the review of such studies.
The independent fee calculation study shall meet the following standards:
a. The study shall follow accepted impact fee assessment practices and
methodologies.
b. The study shall use acceptable data sources, and the data shall be comparable
with the uses and intensities proposed for the proposed development activity.
c. The study shall comply with the applicable State laws governing impact fees,
including but not limited to RCW 82.02.060 or its successor.
d. The study, including any data collection and analysis, shall be prepared and
documented by professionals qualified in their respective fields.
e. The study shall show the basis upon which the independent fee calculation was
made.
The Director shall consider the study and documentation submitted by the person
required to pay the impact fees but is not required to accept the study if the Director
decides the study is not accurate or reliable. The Director may, in the alternative,
require the person submitting the study to submit additional or different
documentation for consideration. If the Director decides that outside experts are
needed to review the study, the applicant shall be responsible for paying for the
reasonable cost of a review by outside experts. If an acceptable independent fee
calculation study is not presented, the person shall pay the impact fees based upon
the process and schedules in this chapter If an acceptable independent fee
calculation study is presented, the Director may adjust the fee to that appropriate to
the particular development activity.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or
numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Ordinance – Amending PMC Related to TIF - 15
FG: 103761221.1
PASSED by the City Council of the City of Pasco, Washington, on this 16th day of June,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________ Sunday, June 22, 2025