HomeMy WebLinkAbout3719 Ordinance ORDINANCE NO. -5-7
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING A
NEW CHAPTER 3.132 "IMPACT FEES" PROVIDING FOR THE
ASSESSMENT AND COLLECTION OF TRANSPORTATION MITIGATION
IMPACT FEES; AND CREATING A NEW SECTION 3.07.220
"TRANSPORTATION IMPACT FEES" SETTING SUCH FEE.
WHEREAS, the City of Pasco has under the mandate of the Growth Management Act,
adopted the Comprehensive Transportation and Circulation Plan to identify the capital needs of
the City to meet the demands of anticipated growth; and
WHEREAS, the City has recognized that the 1-182 corridor represents a substantial area
of growth affecting the needs for transportation and circulation capital improvements and having
previously prepared the "1-182 Corridor Subarea Transportation Plan" identifying specific capital
needs anticipated during the 20 year planning period; and
WHEREAS, the City Council has determined that growth and development activity
within this corridor will create an additional demand and need for expansion and improvement of
the traffic facilities within that area and a study having been performed by the Transpo Group
quantifying the fiscal impact of such anticipated growth within the I-182 Corridor subarea; and
WHEREAS, the City is empowered pursuant to RCW 82.02 to access impact fees to
insure that adequate transportation facilities are available to serve new growth and development
within this area and to promote orderly growth and development by establishing standards
whereby new growth and development may pay a portion of the share of the costs of such new
facilities needed to serve this new growth and development,NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That a new Chapter 3.132 entitled "Impact Fees" of the Pasco Municipal
Code shall be and hereby is enacted and shall read as follows:
CHAPTER 3.132
IMPACT FEES
Sections
3.132.010 Findings and Purpose.
3.132.020 Applicability.
3.132.030 Geographic Scope.
3.132.040 Imposition of Transportation Impact Fees.
3.132.050 Fee Schedule
3.132.060 Time of Payment of Impact Fee.
3.132.070 Credits.
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3.132.080 Permitted Adjustments.
3.132.090 I-182 Corridor Traffic Impact Fund.
3.132.100 Refunds.
3.132.110 Appeals.
3.132.120 Enforcement.
3.132.130 Severability
3.132.010 FINDINGS AND PURPOSE. The City Council finds and determines that
growth and develop 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 growth and development activities should pay a proportionate share of the costs of such
necessary transportation and circulation facilities needed to serve this growth and development
activity. It is therefore necessary to regulate property development to improve public
transportation facilities through mitigating the direct impacts of the development by the
assessment of impact fees to insure that these facilities are adequately funded and available to
serve the increased demand resulting from this growth and development. 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 impact fee.
3.132.020 APPLICABILITY. The City shall collect transportation impact fees as
provided in PMC 3.07.220 from any applicant seeking development approval from the City for
any development activity within that portion of the City identified in Section 3.132.030, where
such development activity requires the issuance of a building or occupancy permit. This shall
include, but not 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.
3.132.030 GEOGRAPHIC SCOPE. The boundaries within which the transportation
impact fees shall be charged and collected are 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 this Ordinance and the development of unincorporated
properties that may create an additional demand upon the public traffic facilities within this
geographic area imposed pursuant to an Interlocal Agreement between the City and the County
specifically addressing the identification and mitigation of these transportation impacts.
3.132.040 IMPOSITION OF TRANSPORTATION IMPACT FEES. Transportation
impact fees shall:
A) Be imposed only for system improvements that are reasonably related to the new
development.
B) Not exceed a proportionate share of the costs of system improvements that are
reasonably related to the new development.
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C) Be used for system improvements that will reasonably benefit the new
development.
D) May be collected and spent only for transportation 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 Subarea Plan addressing the following elements:
1) Deficiencies in public transportation facilities serving existing
development and the means by which existing deficiencies will be eliminated within a
reasonable period of time;
2) Additional demands placed on existing public facilities by new
development; and
3) Additional public facility improvements required to serve new
development.
E) Should not be imposed to mitigate the same offsite transportation facility impacts
that are mitigated by any other assessment required by ordinance or law of the same
development.
3.132.050 FEE SCHEDULE. The transportation impact fee shall be paid as set forth
in PMC 3.07.220.
3.132.060 TIME OF PAYMENT OF IMPACT FEE. All developers shall pay an
impact fee in accordance with the provisions of this Chapter, at the time that the applicable
development permit is available for issuance.
The impact fee, as initially calculated, after issuance of a development permit, 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.
No development permit shall be issued until the impact fee is paid,except that developers
of residential subdivisions, short plats, or planned unit developments, may defer payment until
building permits are issued for the lots within the subdivision, short plat, or planned unit
development.
A developer may obtain a preliminary determination of the impact fee before application
for a development permit, upon providing the Director of Community 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.
3.132.070 CREDITS. A credit, not to exceed the transportation impact fee otherwise
payable, 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, to
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facilities that are identified in the capital transportation facilities plan and required by the City as
a condition of approving the development activity subject to the permit.
3.132.080 PERMITTED ADJUSTMENTS. The Director of Community
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 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 Development after having given consideration to studies and other data
available to the Director of Community Development or submitted by the developer
demonstrating to the satisfaction of the Director of Community 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.
3.132.090 I-182 CORRIDOR TRAFFIC IMPACT FUND. The I-182 Corridor
Impact 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 monies 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 capital facilities plan element and adopted subarea plans of the City of
Pasco Comprehensive Plan.
Traffic impact fees shall be expended or encumbered for permissible use within six (6)
years of receipt, unless there exists an extraordinary and compelling reason for fees to be held
longer than six (6) years. Such extraordinary or compelling reasons shall be identified in written
findings by the City Council.
3.132.100 REFUNDS.
A) 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 (6) 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 know address of the claimant.
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B) 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 (1) 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 (1) year period, shall be retained and expended on the indicated capital facilities.
Refunds of transportation impact fees shall include actual interest eared on the impact fees.
C) 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 the claimants. All funds available for refund shall be retained for a period of
one (1) year. At the end of one (1) year, any remaining funds shall be retained by the City, but
must be expended for the indicated public transportation facility. This notice requirement shall
not apply if there are no unexpended or unencumbered balances within the account being
terminated.
D) 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.
3.132.110 APPEALS. A developer may appeal the amount of a transportation
impact fee determined by the Director of Community Development to the City Hearing
Examiner under the procedures provided in PMC 25.84. 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 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 Development Department for further consideration consistent with the Hearing
Examiner's decision.
An appeal from a decision of the Director of Community Development must be filed with
the Hearing Examiner within ten (10) calendar days of the Director's written decision regarding
the fee amount.
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3.132.120 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.
A development permit issued after the effective date of this Ordinance shall be null and
void if issued without substantial compliance with this Chapter.
3.132.130 SEVERABILITY. Should any section, subsection, paragraph, sentence,
clause or phrase of this Chapter be declared to be unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this Chapter.
Section 2. That a new Section 3.07.220 entitled "Transportation Impact Fees" of the
Pasco Municipal Code shall be and hereby is adopted and shall read as follows.
3.07.220 TRANSPORTATION IMPACT FEES. The transportation impact fee
shall be:
A) Residential Developments $300.00 per unit
B) Multi-Family Units $200.00 per unit
C) Commercial $20.00 per daily vehicle trip
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval,passage and publication required by law.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this 21St day of March, 2005.
c
ichael L. Garrison
Mayor
ATTEST: APP VED TO FORM:
1 17
Webster U. Jac son Leland B. Kerr
City Clerk City Attorney
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