Loading...
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. Impact Fees Ordinance- 1 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. Impact Fees Ordinance-2 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 Impact Fees Ordinance-3 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. Impact Fees Ordinance-4 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. Impact Fees Ordinance-5 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 Impact Fees Ordinance-6