HomeMy WebLinkAboutOrd 2305 - TMC Chapter 9.48 "Concurrency Standards and Transportation Impact Fees"
Cover page to Ordinance 2305
The full text of the ordinance follows this cover page.
Ordinance 2305 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
1 2521, 2657 5 (part) 2742
2 2622
3 2484
City of Tukwila
Washington
Ordinance No. 3 Q5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE 2111 §1 (PART) AS CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 9.48, REGARDING
CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES
VESTING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, the City Council desires to provide greater clarity to Tukwila
Municipal Code (TMC) Chapter 9.48 (Concurrency Standards and Transportation
Impact Fees) by amending certain sections relating to definitions (TMC Section
9.48.010), the calculation of impact fees (TMC Section 9.48.040), the time of payment of
impact fees (9.48.060), and appeals of impact fees (9.48.120); and
WHEREAS, the City Council further desires to repeal TMC Sections 9.48.130 and
9.48.140 relating to exemptions and vesting, respectively;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 9.48.020 (Definitions) Amended. Tukwila Municipal
Code 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. "Letter encumbered" 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.
8. "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.
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9. "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 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.
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 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. TMC Section 9.48.040 (Calculation of Impact Fees) Amended. Tukwila
Municipal Code Section 9.48.040 (Calculation of Impact Fees) is hereby amended to read
as follows:
9.48.040 Calculation of Impact Fees.
A. The method of calculating the transportation impact fees in this chapter
incorporate, among other things, the following:
1. The cost of public streets and roads necessitated by new development;
2. An adjustment to the costs of the public streets and roadways for past or
future mitigation payments made by previous development to pay for a particular
system improvement that was prorated to the particular street improvement;
3. The availability of other means of funding public street and roadway
improvements; and
4. The methods by which public street and roadway improvements were
financed.
B. Fees for development shall be calculated based on their net new "p.m. peak
hour" trip generation rates as determined by the Public Works Director, or designee,
applying the ITE Trip Generation Manual. If the proposed development activity
concerns an existing use, the fee shall be based on net new trips generated by the
redevelopment.
Section 3. TMC 9.48.060 (Time of Payment of Impact Fees) Amended. Tukwila
Municipal Code Section 9.48.060 (Time of Payment of Impact Fees) is hereby amended
to read as follows:
9.48.060 Time of Payment of Impact Fees.
A. The impact fees imposed pursuant to this chapter shall be assessed by the City
at the time of the application for the development permit, and shall be due and payable
in full at the time of issuance of such permit. The fee paid shall be the amount in effect
as of the date of the permit issuance.
B. Impact fees may be paid under protest in order to obtain a permit or other
approval of development activity.
Section 4. TMC 9.48.120 Appeals Amended. Tukwila Municipal Code Section
9.48.120 is hereby amended to read as follows:
9.48.120 Appeals.
A. Any fee payer may pay the impact fees imposed by this chapter under protest
in order to obtain a building permit.
B. Appeals regarding traffic impact fees imposed on any development activity
may only be taken by the fee payer of the property where such development activity
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will occur. No appeal shall be permitted unless and until the impact fee at issue has
been paid.
C. Determinations of the Public Works Director or his designee, with respect to
the applicability of traffic impact fees to a given development activity, or the availability
of a credit, can be appealed to the City's Hearing Examiner. Such appeal shall be a
closed record appeal.
D. An appeal shall be taken within 10 working days of payment of the impact fees
under protest or within 10 working days of the City's issuance of a written
determination of a credit or exemption decision by filing with the City Clerk a notice of
appeal with an accompanying appeal fee, as set forth in the existing fee schedule for
land use decisions.
E. Notices of appeal shall contain the following information:
1. The name of the appealing party;
2. The address and phone number of the appealing party; and
3. A statement identifying the decision being appealed and the alleged errors
in that decision. The notice of appeal shall state specific errors of fact or errors in the
application of the law to the facts presented and shall also state the relief sought. The
scope of the appeal shall be limited to issues raised in the notice of appeal.
Section 5. TMC 9.48.130 Exemptions. Tukwila Municipal Code Section 9.48.130 is
hereby repealed.
Section 6. TMC Section 9.48.140 Vesting Repealed. Tukwila Municipal Code
Section 9.48.140 (Vesting) is hereby repealed.
Section 7. TMC 9.48.150 Authority Unimpaired. Tukwila Municipal Code Section
9.48.150 hereby read as follows:
9.48.150. Authority Unimpaired. Nothing in this chapter shall preclude the City
from requiring the fee payer to mitigate adverse and environmental effects of a specific
development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW
and /or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the
exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW.
Section 8. TMC 9.48.160 Relationship to SEPA. Tukwila Municipal Code Section
9.48.160 hereby read as follows:
9.48.160. Relationship to SEPA.
A. All development shall be subject to environmental review pursuant to SEPA
and other applicable City ordinances and regulations.
B. Payment of the impact fee pursuant to this chapter shall constitute satisfactory
mitigation of those traffic impacts related to the specific improvements identified on the
project list.
C. Further mitigation in addition to the impact fee shall be required for identified
adverse impacts, appropriate for mitigation pursuant to SEPA, that are not mitigated by
an impact fee.
D. Nothing in this chapter shall be construed to limit the City's authority to deny
development permits when a proposal would result in significant adverse traffic
impacts identified in an environmental impact statement and reasonable mitigation
measures are insufficient to mitigate the identified impact.
Section 9. Repealer. Ordinance No. 2111 §1 (part) as codified at TMC Section
9.48.130 and 9.48.140 is hereby repealed.
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Section 10. 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 11. 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 F THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 7th day of September 2010.
ATTEST/ AUTHENTICATED:
/.42-7,41"
Christy O'Flaherty, City Clerk
APPROV ASO RM BY:
Shelley M. Kerslake, City Attorney
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Mayor Jim Haggerton
sled with the City Clerk: q_1_,0
Passed by the City Council:
Published:
Effective Date: 13) 0
Ordinance Number: a 'IQ C
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SUMMARY OF
Ordinance No. 2305
City of Tukwila, Washington
On September 7, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2305, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE 2111 §1 (PART) AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 9.48, REGARDING
CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES
VESTING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting thereof on September 7, 2010.
Published Seattle Times: September 13, 2010
Christy O'Flaherty, CMC, City Clerk