HomeMy WebLinkAboutOrd 2521 - Residential Impact Fee DeferralCity of'Tukwila
Washington
Cover page to Ordinance 2521
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE, CITY COUNCIL OF THE CITY OF
TIUKWILA, WASHINGTON, ESTABLISHING REGULATIONS
FOR A, RESIDENTIAL IMPACT FEE DEFERRAL, TO BE
CODIFIED INTUlKWILA , MUNICIPAL CODE CHAPTERS 9.48,
16.216 AND 16,28; AMENDING AND/OR. ADDING SECTIONS
IN EACH OF THE AFOREMENTIONED CHAPTERS
�RELATING TO EXEMPTIONS AND DEFINITIONS (AMENDING
ORDINANCE NOS. 2366 §1 (PART), 23,65, §1 (PART), 2305 §1
AND 2111 §1 (PART) AS DELINEATED, PROVIDING IFOR
SEVERABILITY; AND, ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2521 was amended or repealed by the
following ordinances.
Sectioin(s), Amended 'Amended by'Ord # SeAbtions) ,ftpoaled, 'Repealed by Ord
2 2622 4,5,6 2571
1,2 2657 7,8,9 2572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS
FOR A RESIDENTIAL IMPACT FEE DEFERRAL, TO BE
CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 9.48,
16.26 AND 16.28; AMENDING AND/OR ADDING SECTIONS
IN EACH OF THE AFOREMENTIONED CHAPTERS
RELATING TO EXEMPTIONS AND DEFINITIONS (AMENDING
ORDINANCE NOS. 2366 §1 (PART), 2365 §1 (PART), 2305 §1
AND 2111 §1 (PART) AS DELINEATED; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila ("City") is authorized by Chapter 82.02 RCW to
require new growth and development within the City to pay a proportionate share of the
cost of new facilities to serve such new growth and development through the
assessment of impact fees; and
WHEREAS, pursuant to such authority and the police powers of the City, the City
has enacted Chapters 9.48, 16.26 and 16.28 of the Tukwila Municipal Code to establish
such impact fees; and
WHEREAS, the current impact fee provisions provide flexibility for developers by
staggering some payments for various impact fees, which creates an administrative
burden on City staff; and
WHEREAS, the State recently amended RCW 82.02.050, requiring that all
counties, cities, and towns provide a mechanism for which impact fees for single-family
detached and single-family attached residential construction may be deferred to either
final inspection, issuance of a Certificate of Occupancy or equivalent certification, or the
closing of the first sale of the property; and
WHEREAS, the City desires to encourage new growth and development in the City,
to ease the financial burden on individual home builders, and to promote economic
recovery in the construction industry, and finds that adopting an impact fee deferral
mechanism provides the needed flexibility on the timing of impact fee payments and is
in the public interest; and
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16
BG:bjs Page 1 of 14
WHEREAS, City staff has proposed the addition of a new Tukwila Municipal Code
section entitled "Exemptions" (Section 9.48.120) for transportation impact fees, while
similar sections currently exist in Tukwila Municipal Code Chapters 16.26, "Fire Impact
Fees," and 16.28, "Parks Impact Fees"; and
WHEREAS, the ordinance amendments are procedural in nature, and are therefore
categorically exempt from the State Environmental Policy Act (SEPA) review pursuant
to WAC 197-11-800(19);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TIVIC Section 9.48.020 Amended. Ordinance Nos. 2305 §1 and 2111
§1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, "Definitions,"
is hereby amended to read as follows:
9.48.020 Definitions
The words and terms contained in this chapter shall have the following meanings for the
purposes of this chapter, unless the context clearly requires otherwise. Terms or words
not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual
and customary meaning.
1. The 'Act" means the Growth Management Act, Chapter 17, Laws of 1990,
First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991,
First Special Session, as now in existence or hereinafter amended.
2. "Building permit" means an official document or certification of the City of
Tukwila issued by the City's building official which authorizes the construction, alteration,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement,
demolition, moving, or repair of a building or structure.
3. "City" means the City of Tukwila, Washington.
4. "Development" means the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure that requires a building permit.
5. "Development activity" means any construction of a building or structure that
creates additional demand and need for transportation facilities.
6. "Development approval" means any written authorization from the City, which
authorizes the commencement of the "development activity."
7. "Fee payer" is a person, corporation, partnership, an incorporated association
or governmental agency, municipality, or similar entity commencing a land development
activity, which requires a building permit and creates a demand for additional facilities.
8. "Impact fee" means the payment of money imposed by the City on
development activity pursuant to this chapter as a condition of granting development
approval, in order to pay for the transportation facilities needed to serve new growth and
development that is a proportionate share of the cost of the capital facilities that is used for
facilities that reasonably benefit new development. Impact fees are independent of a
W: Word Processing\OrdinanGes\ResidentiaI impact fee deferral 11-29-16
BG:bjs Page 2 of 14
permit fee, an application fee, a concurrency test fee, and the administrative fee for
collecting and handling impact fees or cost of reviewing independent fee calculations.
9. "Letter encumberecf' means to reserve, set aside, or earmark the impact fees
in order to pay for commitments, contractual obligations, or other liabilities incurred for the
provision of transportation facilities.
10. "Low-income housing" means housing where monthly costs, including
utilities other than telephone, do not exceed 30% of the resident's household monthly
income and where household monthly income must be 80 percent or less of the King
County Median family income adjusted for family size as reported by the U.S.
Department of Housing and Urban Development.
11. "Owner" means the owner of record of real property, as found in the records
of King County, Washington, or a person with an unrestricted written option to purchase
property; provided, that if the real property is being purchased under a recorded real estate
contract, the purchaser shall be considered the owner of the property.
12. "Proportionate fair share" means that portion of the cost for transportation
facility improvements that are reasonably related to the service demands and needs of
new development.
Section 2. Regulations Established. TIVIC Section 9.48.125, "Exemptions," is
hereby established to read as follows:
9.48.125 Exemptions
A. The impact fees are generated from the formula for calculating the fees as set
forth in this chapter. The amount of the impact fees is determined by the information set
forth in the Public Works Fee Schedule adopted by resolution of the City Council and
related documents. All development activity located within the City shall be charged a
transportation impact fee, provided that the following exemptions shall apply.
B. The following shall be exempt from transportation impact fees:
1. Replacement of a structure with a new structure having the same use, at
the same site, and with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration, expansion, or remodeling of an existing dwelling or structure
where no new units are created and the use is not changed.
3. Construction of an accessory residential structure.
4. Miscellaneous improvements including, but not limited to, fences, walls,
swimming pools and signs that do not impact the transportation system.
5. Demolition of or moving an existing structure within the City from one site
to another.
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16
BG:bjs Page 3 of 14
6. Transportation impact fees for the construction of low- income housing may
be reduced at the discretion of the Public Works Director when requested by the
property owner in writing prior to permit submittal and subject to the following criteria:
a. Submittal of a fiscal impact analysis of how a reduction in impact fees
for the project would contribute to the creation of low- income housing;
b. Fee reduction table.
Unit Size
Affordability Target
Fee Reduction
2 or more bedrooms
80%2
40%
2 or more bedrooms
60%2
60%
Any size
50%2
80%
1 — Units to be sold or rented to a person or household whose monthly housing
costs, including utilities other than telephone, do not exceed 30% of the
household's monthly income.
2 — Percentage of King County Median family income adjusted for family size as
reported by the U.S. Department of Housing and Urban Development.
c. The developer must record a covenant per RCW 82.02.060 (3) that
prohibits using the property for any purpose other than for low- income housing at the
original income limits for a period of at least 10 years. At a minimum, the covenant
must address price restrictions and household income limits for the low- income housing,
and that if the property is converted to a use other than low- income housing within 10
years, the property owner must pay the City the applicable impact fees in effect at the
time of conversion.
7. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a transportation impact fee.
8. A fee payer required to pay for system improvements pursuant to RCW
43.21C.060 shall not be required to pay an impact fee for the same improvements
under this ordinance.
Section 3. Regulations Established. TMC Section 9.48.130, "Residential Impact
Fee Deferral," is hereby established to read as follows:
9.48.130 Residential Impact Fee Deferral
A. Purpose. The purpose of this chapter is to comply with the requirements of
RCW 82.02.050, as amended by ES135923, Chapter 241, Laws of 2015, to provide an
impact fee deferral process for single - family residential construction in order to promote
economic recovery in the construction industry.
W: Word Processing \Ordinances \Residential impact fee deferral 11 -29 -16
BG:bjs Page 4 of 14
My-Mr-ff rrr.ff "t
1. The provisions of this chapter shall apply to all impact fees established and
adopted by the City pursuant to Chapter 82.02 RCW, including transportation system
impact fees assessed under Tukwila Municipal Code Chapter 9.48.
2. Subject to the limitations imposed in the Tukwila Municipal Code, the
provisions of this chapter shall apply to all building permit applications for single-family
detached and single-family attached residential construction. For the purposes of this
chapter, an "applicant" includes an entity that controls the named applicant, is controlled
by the named applicant, or is under common control with the named applicant.
C. Impact Fee Deferral.
1. Deferral Request Authorized. Applicants for single-family attached or
single-family detached residential building permits may request to defer payment of
required impact fees until the sooner of:
a. final inspection; or
b. the closing of the first sale of the property occurring after the issuance
of the applicable building permit;
which request shall be granted so long as the requirements of this chapter are
satisfied.
2. Method of Request A request for impact fee deferral shall be declared at
the time of preliminary plat application (for platted development) or building permit
application (for non-platted development) in writing on a form or forms provided by the
City, along with applicable application fees.
3. Calculation of Impact Fees. The amount of impact fees to be deferred
under this chapter shall be determined as of the date the request for deferral is
submitted.
D. Deferral Term. The term of an impact fee deferral granted under this chapter
may not exceed 18 months from the date the building permit is issued ("Deferral Term").
If the condition triggering payment of the deferred impact fees does not occur prior to
the expiration of the Deferral Term, then full payment of the impact fees shall be due on
the last date of the Deferral Term.
E. Deferred Impact Fee Lien.
1. Applicant's Duty to Record Lien. An applicant requesting a deferral under
this chapter must grant and record a deferred impact fee lien, in an amount equal to the
deferred impact fees, against the property in favor of the City in accordance with the
requirements of RCW 82.02.050(3)(c).
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16
BG:bjs Page 5 of 14
2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact
fees for the property, the City shall execute a release of deferred impact fee lien for the
property. The property owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
F. Limitation on Deferrals. The deferral entitlements allowed under this chapter
shall be limited to the first 20 single-family residential construction building permits per
applicant, as identified by contractor registration number or other unique identification
number, per year.
Section 4. TMC Section 16.26.030 Amended. Ordinance No. 2365 §1 (part), as
codified at TMC Section 16.26.030, "Definitions," is hereby amended to read as follows:
16.26.030 Definitions
Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when
given their usual and customary meaning. For the purposes of this ordinance, unless
the context or subject matter clearly requires otherwise, the words or phrases defined in
this section shall have the following meanings:
1. "Building permit" means an official document or certification of the City of
Tukwila issued by the City's building official which authorizes the construction,
alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
placement, demolition, moving, or repair of a building or structure.
2. "City" means the City of Tukwila, Washington, County of King.
3. "Development activity" means any construction, reconstruction, or
expansion of a building, structure, or use, or any changes in use of a building or
structure, or any changes in the use of land, requiring development approval.
4. "Development approval" means any written authorization from the City,
which authorizes the commencement of the "development activity."
5. "Encumber means to reserve, set aside, or earmark the fire impact fees in
order to pay for commitments, contractual obligations, or other liabilities incurred for the
provision of fire protective services.
6. "Fee payer" is a person, corporation, partnership, an incorporated
association or governmental agency, municipality, or similar entity commencing a land
development activity that requires a building permit and creates a demand for additional
fire capital facilities.
7. "Fire protection facilities" means all publicly owned apparatus and buildings
within the City that are used for fire protection and/or emergency response and aid.
8. "Impact fee" means the payment of money imposed by the City on
development activity pursuant to this ordinance as a condition of granting development
W: Word Processing\OrdinanceskResidentiaI impact fee deferral 11-29-16
BG:bjs Page 6 of 14
approval in order to pay for the fire facilities needed to serve growth and development
that is a proportionate share of the cost of fire capital facilities used for facilities that
reasonably benefit development. Impact fees do not include reasonable permit fees,
application fees, administrative fees for collecting and handling fire impact fees, or the
cost of reviewing independent fee calculations.
9. "Low-income housing" means housing -where monthly costs, including
utilities other than telephone, do not exceed 30% of the resident's household monthly
income and where household monthly income must be 80 percent or less of the King
County Median family income adjusted for family size as reported by the U.S.
Department of Housing and Urban Development.
10. "Owner" means the owner of record of real property, as found in the
records of King County, Washington, or a person with an unrestricted written option to
purchase property; provided, that if the real property is being purchased under a
recorded real estate contract, the purchaser shall be considered the owner of the
property.
11. "Proportionate share" means that portion of the cost for fire facility
improvements that are reasonably related to the service demands and needs of
development.
Section 5. TIVIC Section 16.26.120 Amended. Ordinance No. 2365 §1 (part), as
codified at TIVIC Section 16.26.120, "Exemptions," is hereby amended to read as
follows:
16.26.120 Exemptions
A. The fire impact fees are generated from the formula for calculating the fees as
set forth in this chapter. The amount of the impact fees is determined by the information
contained in the adopted fire department master plan and related documents, as
appended to the City's Comprehensive Plan. All development activity located within the
City shall be charged a fire impact fee, provided that the following exemptions shall
apply.
B. The following shall be exempt from fire impact fees:
1. Replacement of a structure with a new structure having the same use, at
the same site, and with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration, expansion, or remodeling of an existing dwelling or structure
where no new units are created and the use is not changed.
3. Construction of an accessory residential structure.
4. Miscellaneous improvements including, but not limited to, fences, walls,
swimming pools, and signs that do not create an increase in demand for fire services.
5. Demolition of or moving an existing structure within the City from one site
to another.
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16
BG:bjs Page 7 of 14
6. Fire impact fees for the construction of low-income housing may be
reduced at the discretion of the Fire Chief when requested by the property owner in
writing prior to permit submittal and subject to the following criteria:
a. Submittal of a fiscal impact analysis of how a reduction in impact fees
for the project would contribute to the creation of low-income housing;
b. Fee reduction table.
Unit Size
Affordability Target
Fee Reduction
2 or more bedrooms
80%2
40%
2 or more bedrooms
60%2
60%
Any size
50%2
80%
Units to be sold or rented to a person or household whose monthly housing
costs, including utilities other than telephone, do not exceed 30% of the
household's monthly income.
2 Percentage of King County Median family income adjusted for family size as
reported by the U.S. Department of Housing and Urban Development.
c. The developer must record a covenant per RCW 82.02.060 (3) that
prohibits using the property for any purpose other than for low-income housing at the
original income limits for a period of at least 10 years. At a minimum, the covenant
must address price restrictions and household income limits for the low-income housing,
and that if the property is converted to a use other than low-income housing within 10
years, the property owner must pay the City the applicable impact fees in effect at the
time of conversion.
7. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a fire impact fee.
8. A fee payer required to pay for system improvements pursuant to RCW
43.21C.060 shall not be required to pay an impact fee for the same improvements
under this ordinance.
9. A fee payer installing a residential fire sprinkler system in a single family
home shall not be required to pay the fire operations portion of the impact fee. The
exempted fire operations impact fee shall not include the proportionate share related to
the delivery of emergency medical services.
Section 6. Regulations Established. TIVIC Section 16.26.125, "Residential
Impact Fee Deferral," is hereby established to read as follows:
16.26.125 Residential Impact Fee Deferral
A. Purpose. The purpose of this chapter is to comply with the requirements of
RCW 82.02.050, as amended by ES135923, Chapter 241, Laws of 2015, to provide an
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16
BG:bjs Page 8 of 14
impact fee deferral process for single-family residential construction in order to promote
economic recovery in the construction industry.
B. Applicability.
1. The provisions of this chapter shall apply to all impact fees established and
adopted by the City pursuant to Chapter 82.02 RCW, including impact fees for fire
facilities assessed under Tukwila Municipal Code Chapter 16.26.
2. Subject to the limitations imposed in the Tukwila Municipal Code, the
provisions of this chapter shall apply to all building permit applications for single-family
detached and single-family attached residential construction. For the purposes of this
chapter, an "applicant" includes an entity that controls the named applicant, is controlled
by the named applicant, or is under common control with the named applicant.
C. Impact Fee Deferral.
1. Deferral Request Authorized. Applicants for single-family attached or
single-family detached residential building permits may request to defer payment of
required impact fees until the sooner of:
a. final inspection; or
b. the closing of the first sale of the property occurring after the issuance
of the applicable building permit;
which request shall be granted so long as the requirements of this chapter are
satisfied.
2. Method of Request A request for impact fee deferral shall be declared at
the time of preliminary plat application (for platted development) or building permit
application (for non-platted development) in writing on a form or forms provided by the
City, along with applicable application fees.
3. Calculation of Impact Fees. The amount of impact fees to be deferred
under this chapter shall be determined as of the date the request for deferral is
submitted.
D. Deferral Term. The term of an impact fee deferral granted under this chapter
may not exceed 18 months from the date the building permit is issued ("Deferral Term").
If the condition triggering payment of the deferred impact fees does not occur prior to
the expiration of the Deferral Term, then full payment of the impact fees shall be due on
the last date of the Deferral Term.
E. Deferred Impact Fee Lien.
1. Applicant's Duty to Record Lien. An applicant requesting a deferral under
this chapter must grant and record a deferred impact fee lien, in an amount equal to the
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16
BG:bjs Page 9 of 14
deferred impact fees, against the property in favor of the City in accordance with the
requirements of RCW 82.02.050(3)(c).
2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact
fees for the property, the City shall execute a release of deferred impact fee lien for the
property. The property owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
F. Limitation on Deferrals. The deferral entitlements allowed under this chapter
shall be limited to the first 20 single-family residential construction building permits per
applicant, as identified by contractor registration number or other unique identification
number, per year.
Section 7. TMC Section 16.28.030 Amended. Ordinance No. 2366 §1 (part), as
codified at TMC Section 16.28.030, "Definitions," is hereby amended to read as follows:
16.28.030 Definitions
Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when
given their usual and customary meaning. For the purposes of this ordinance, unless
the context or subject matter clearly requires otherwise, the words or phrases defined in
this section shall have the following meanings:
1. "Building permit" means an official document or certification of the City of
Tukwila issued by the City's building official which authorizes the construction,
alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
placement, demolition, moving, or repair of a building or structure.
2. "City" means the City of Tukwila, Washington, County of King.
3. "Development activity" means any construction, reconstruction, or
expansion of a building, structure, or use, or any changes in use of a building or
structure, or any changes in the use of land, requiring development approval.
4. "Development approval" means any written authorization from the City,
which authorizes the commencement of the "development activity."
5. "Encumber" means to reserve, set aside, or earmark the parks impact fees
in order to pay for commitments, contractual obligations, or other liabilities incurred for
the provision of parks services.
6. "Fee payer' is a person, corporation, partnership, an incorporated
association or governmental agency, municipality, or similar entity commencing a land
development activity that requires a building permit and creates a demand for additional
parks capital facilities.
7. "Impact fee" means the payment of money imposed by the City on
development activity pursuant to this ordinance as a condition of granting development
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16
BG:bjs Page 10 of 14
approval in order to pay for the parks facilities needed to serve growth and development
that is a proportionate share of the cost of parks capital facilities used for facilities that
reasonably benefit development. Impact fees do not include reasonable permit fees,
application fees, administrative fees for collecting and handling parks impact fees, or the
cost of reviewing independent fee calculations.
8. "Low-income housing" means housing where monthly costs, including
utilities other than telephone, do not exceed 30% of the resident's household monthly
income and where household monthly income must be 80 percent or less of the King
County Median family income adjusted for family size as reported by the U.S.
Department of Housing and Urban Development.
9. "Owner means the owner of record of real property, as found in the
records of King County, Washington, or a person with an unrestricted written option to
purchase property; provided, that if the real property is being purchased under a
recorded real estate contract, the purchaser shall be considered the owner of the
property.
10. "Parks facilities" means those capital facilities identified as park and
recreational facilities in the City's Capital Facilities Plan.
11. "Proportionate share" means that portion of the cost for parks facility
improvements that are reasonably related to the service demands and needs of
development.
Section 8. TIVIC Section 16.28.120 Amended. Ordinance No. 2366 §1 (part), as
codified at TIVIC Section 16.28.120, "Exemptions," is hereby amended to read as
follows:
16.28.120 Exemptions
A. The parks impact fees are generated from the formula for calculating the fees
as set forth in this chapter. The amount of the impact fees is determined by the
information contained in the adopted parks master plan and related documents, as
appended to the City's Comprehensive Plan. All development activity located within the
City shall be charged a parks impact fee, provided that the following exemptions shall
apply.
B. The following shall be exempt from parks impact fees:
1. Replacement of a structure with a new structure having the same use, at
the same site, and with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration, expansion, or remodeling of an existing dwelling or structure
where no new units are created and the use is not changed.
3. Construction of an accessory residential structure.
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16
BG:bjs Page 11 of 14
4. Miscellaneous improvements including, but not limited to, fences, walls,
swimming pools, and signs that do not create an increase in demand for parks services.
5. Demolition of or moving an existing structure within the City from one site
to another.
6. Parks impact fees for the construction of low- income housing may be
reduced at the discretion of the Parks and Recreation Director when requested by the
property owner in writing prior to permit submittal and subject to the following criteria:
a. Submittal of a fiscal impact analysis of how a reduction in impact fees
for the project would contribute to the creation of low- income housing;
b. Fee reduction table.
Unit Size
Affordability Target
Fee Reduction
2 or more bedrooms
80%2
40%
2 or more bedrooms
60%2
60%
Any size
50%2
80%
1 — Units to be sold or rented to a person or household whose monthly housing
costs, including utilities other than telephone, do not exceed 30% of the
household's monthly income.
2 — Percentage of King County Median family income adjusted for family size as
reported by the U.S. Department of Housing and Urban Development.
c. The developer must record a covenant per RCW 82.02.060 (3) that
prohibits using the property for any purpose other than for low- income housing at the
original income limits for a period of at least 10 years. At a minimum, the covenant
must address price restrictions and household income limits for the low- income housing,
and that if the property is converted to a use other than low- income housing within 10
years, the property owner must pay the City the applicable impact fees in effect at the
time of conversion.
7. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a parks impact fee.
8. A fee payer required to pay for system improvements pursuant to RCW
43.21C.060 shall not be required to pay an impact fee for the same improvements
under this ordinance.
Section 9. Regulations Established. TMC Section 16.28.125, "Residential
Impact Fee Deferral," is hereby established to read as follows:
W: Word Processing \Ordinances \Residential impact fee deferral 11 -29 -16
BG:bjs Page 12 of 14
16.28.125 Residential Impact Fee Deferral
A. Purpose. The purpose of this chapter is to comply with the requirements of
RCW 82.02.050, as amended by ES135923, Chapter 241, Laws of 2015, to provide an
impact fee deferral process for single-family residential construction in order to promote
economic recovery in the construction industry.
B. Applicability.
1. The provisions of this chapter shall apply to all impact fees established and
adopted by the City pursuant to Chapter 82.02 RCW, including parks impact fees
assessed under Tukwila Municipal Code Chapter 16.28.
2. Subject to the limitations imposed in the Tukwila Municipal Code, the
provisions of this chapter shall apply to all building permit applications for single-family
detached and single-family attached residential construction. For the purposes of this
chapter, an "applicant" includes an entity that controls the named applicant, is controlled
by the named applicant, or is under common control with the named applicant.
C. Impact Fee Deferral.
1. Deferral Request Authorized. Applicants for single-family attached or
single-family detached residential building permits may request to defer payment of
required impact fees until the sooner of:
a. final inspection; or
b. the closing of the first sale of the property occurring after the issuance
of the applicable building permit;
which request shall be granted so long as the requirements of this chapter are
satisfied.
2. Method of Request. A request for impact fee deferral shall be declared at
the time of preliminary plat application (for platted development) or building permit
application (for non-platted development) in writing on a form or forms provided by the
City, along with applicable application fees.
3. Calculation of Impact Fees. The amount of impact fees to be deferred
under this chapter shall be determined as of the date the request for deferral is
submitted.
D. Deferral Term. The term of an impact fee deferral granted under this chapter
may not exceed 18 months from the date the building permit is issued ("Deferral Term").
If the condition triggering payment of the deferred impact fees does not occur prior to
the expiration of the Deferral Term, then full payment of the impact fees shall be due on
the last date of the Deferral Term.
W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16
BG:bjs Page 13 of 14
E. Deferred Impact Fee Lien.
1. Applicant's Duty to Record Lien. An applicant requesting a deferral under
this chapter must grant and record a deferred impact fee lien, in an amount equal to the
deferred impact fees, against the property in favor of the City in accordance with the
requirements of RCW 82.02.050(3)(c).
2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact
fees for the property, the City shall execute a release of deferred impact fee lien for the
property. The property owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
F. Limitation on Deferrals. The deferral entitlements allowed under this chapter
shall be limited to the first 20 single - family residential construction building permits per
applicant, as identified by contractor registration number or other unique identification
number, per year.
Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 11. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 12. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE C1TY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this -J )4 day of , 2016.
ATTEST /AUTHENTICATED:
Christy O' aherty, MMC, City ClerW
Rachel B. Turpin, City Attorney
Filed with the City Clerk : / ,
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing \Ordinances \Residential impact fee deferral 11 -29 -16
BG:bjs Page 14 of 14
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2515 -2521.
On December 5, 2016 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2515: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF
TUKWILA FOR THE 2017 -2018 BIENNIUM; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2516: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 14.30.030, 14.30.060 AND
14.30.100, TO UPDATE REGULATIONS REGARDING SURFACE WATER
MANAGEMENT; ESTABLISHING A NEW SECTION ENTITLED "TRASH AND WASTE
RECEPTACLES," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTION
14.30.110; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2517: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 16.54.010, 16.54.030, 16.54.050,
16.54.060 AND 16.54.080, RELATED TO LOW IMPACT DEVELOPMENT
REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS ENTITLED "PERMIT
APPLICATION REQUIREMENTS" AND "SEASONAL LIMITATION PERIOD," TO BE
CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND 16.54.065
RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2518: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING CODE," TO IMPLEMENT
LOW IMPACT DEVELOPMENT REQUIREMENTS IN THE DESIGN AND REVIEW OF
SURFACE WATER DRAINAGE ON DEVELOPMENT PROJECTS; REPEALING
ORDINANCE NOS. 2495, 2371, 2251 §1 (PART) AND 2056 TO ELIMINATE TMC
CHAPTER 8.25, "VEHICLE STORAGE AND PARKING ON SINGLE - FAMILY
RESIDENTIAL PROPERTY "; REPEALING ORDINANCE NOS. 2075 §1 (PART) AND
1758 §1 (PART), TO ELIMINATE TMC SECTION 18.06.515, "LOT COVERAGE"
(DEFINITION); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2519: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2459 §1, §2, AND §8, AND
ORDINANCE NO. 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTIONS 5.06.020, 5.06.040, 5.06.050 AND 5.06.140, TO UPDATE TUKWILA'S
RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM
REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2520: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO REDUCE
DEVELOPMENT AND LAND USE FEES FOR CERTAIN AFFORDABLE HOUSING
PROJECTS, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 16.04,
16.54, AND 18.88; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2521: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS FOR A RESIDENTIAL
IMPACT FEE DEFERRAL, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTERS 9.48, 16.26 AND 16.28; AMENDING AND /OR ADDING SECTIONS IN
EACH OF THE AFOREMENTIONED CHAPTERS RELATING TO EXEMPTIONS AND
DEFINITIONS (AMENDING ORDINANCE NOS. 2366 §1 (PART), 2365 §1 (PART), 2305
§1 AND 2111 §1 (PART) AS DELINEATED; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: December 8, 2016