HomeMy WebLinkAbout4307 Ordinance - Amending PMC Title 3 Related to Impact Fees ORDINANCE NO. ('30 7
AN ORDINANCE of the City of Pasco, Washington,
providing for the deferral of impact fees amending Section
3.07.100 "Planning Permits"; Enacting Section 3.132.035
"Definitions"; Amending Section 3.132.060 "Time of Payment
of Impact Fee"; and Repealing Section 3.133.040 "School
Impact Deferral Option"
WHEREAS, the Legislature has passed ESB 5923 in 2015 requiring cities and counties
to defer collection of residential impact fees; and
WHEREAS, the legislation provides for a lien in favor of the City against properties
subject to impact fees; and
WHEREAS, implementation of the deferral system places increased administrative and
recording costs upon the City's General Fund; and
WHEREAS, the City wishes to provide a process for the deferred collection of impact
fees to be effective under the terms of State statues. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 3.07.100 entitled "Planning Permits" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
3.07.100 PLANNING PERMITS:
A) Plats and Subdivisions: Fee/Charge Reference
1) Title 4 Appeals Actual costs 4.02.100
2) Park Impact Fee,per unit plus 3.25% $450.00 26.20.020
annual increase from 1/1/99
3) Planned Unit Development $700.00 25.62.090
4) Long Plat(Preliminary Plat) $650.00 26.52.010
(26.24.120)
a) Additional per lot(not to exceed $30.00 26.52.010
$950.00)
5) Final Plat Inspections and Plan Prevailing 26.52.010
Approval Engineering Rates
6) Short Plat Applications (26.36.040) $300.00 26.52.010
7) Hearing Postponement 1/2 original appl. 25.84.120
fee
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8) Appeal from Hearing Examiner's $100.00 25.84.150
Decision
9) Rezone (Zone Change) (25.88) $700.00 Title 25 (Apdx A)
10) Appeals from Planning Commission $100.00 25.88.070
Decision
11) Impact Fee Deferral $250.00 3.132.060(2)
B) Hearing Examiner: Fee/Charge Reference
1) Hearings and Variance (25.84) $300.00 Title 25 (Apdx A)
2) Appeal Examiner Decision $100.00 25.84.150
3) Copy of Hearing Examiner Review Cost 25.84.110
4) Conditional (Special)Use Permit $300.00 Title 25 (Apdx A)
(25.86)
C) Development: Fee/Charge Reference
1) Binding Site Plan $200.00 26.52.010
2) Binding Site Plan Revision $200.00 26.52.010
3) Comprehensive Plan Amendment $700.00 Title 25 (Apdx A)
4) Environmental Checklists and $100.00 23.10.040
Determination
5) Appeals of Environmental $200.00 23.10.040
Determination
6) Environmental Impact Statements Cost 23.10.040
Section 2. That a new Section 3.132.035 entitled "Definitions" of the Pasco
Municipal Code shall be and hereby is created and shall read as follows:
3.132 .035 DEFINITIONS
A.1 "APPLICANT FOR IMPACT FEE DEFERRAL" means an applicant for a
building permit that also makes an application 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.
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B) "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.
Section 3. That Section 3.132.060 entitled "Time of Payment of Impact Fee" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
3.132.060 TIME OF PAYMENT OF IMPACT FEE.
A) 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.
B) DEFERRAL OF IMPACT FEES. Foreach single family residence for which any
impact fee deferral is applied for, an administrative fee set in Chapter 3.07 must simultaneously
be paid to the city due to the increased burden placed on city staff for processing, recording and
monitoring such deferrals.
A separate application must be submitted for each single-family residence
being constructed. Only the first twenty fifty (50) applications per calendar year by each
applicant for impact fee deferral are eligible for the deferral under this chapter. The-Gity
- •, • , . _ . . : ._ . . . •_ , . 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 the 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.
The period of deferral expires at the earliest of:
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the time of final inspection by the city;
121 the time of issuance of a certificate of occupancy by the city;
cc) the time of closing or the first transfer of the property occurring
after the issuance of the applicable building permit; or
eighteen months after the building permit is issued by the city.
• 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 reach 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.
41 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 of one single family residence 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.
• If impact fees are not paid in accordance with this Section, the city may
institute foreclosure proceedings in accordance with RCW Chapter 61.12. If the City of
Pasco 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 the unpaid school impact
fees.
• 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.
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Section 4. That Section 3.133.040 entitled "School Impact Fee Deferral Option" of the
Pasco Municipal Code shall be and hereby is repealed in its entirety.
3.133.010 SCHOOL IMPACT FEE DEFERRAL OPTION. The developer, may, at its
• - :. . . •- - -- . . _ . __. . - . .. - : . . . . ..
of closing of the sale or refinance of each unit, the issuance of a certificate of occupancy of each
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Section 5. This Ordinance shall be in full force and effect on September 1, 2016.
PASSED by the City Council of the City of Pasco, at its regular meeting of
L,t 1 , 2016.
Matt Watkins,Mayor
ATTEST: APPROVED AS TO FORM:
L , \
Debra Clark, ity lerk Leland B. Kerr, City Attorney
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