HomeMy WebLinkAbout4153AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Kent City
Code Section 12.14.060 to annually adjust fees
based on the Engineering News Record
Construction Cost Index.
RECITALS
The transportation impact fee ordinance has a provision that
annually adjusts transportation impact fees based on the Washington
State Department of Transportation Construction Cost Index. In recent
years, this index has fluctuated widely, and the city finds that the
Construction Cost Index published in the Engineering News Record would
provide more predictable annual adjustments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment.
hereby amended as follows:
Kent City Code_Section 12.14.060 is
Sec. 12.14.060. Collection of impact fees.
1 Transportation Impact Fees
Amend KCC 12,14, 060
A. The city shall collect transportation impact fees, based on the rates
published pursuant to KCC 12.14.190, from any applicant seeking
development approval from the city for any development activity within
the city, when such development activity requires the issuance of a
building permit or a permit for a change in use, and creates a demand for
additional public facilities.
B. Maximum allowable transportation impact fees are established by
the rate study and the downtown Kent rate memorandum. The rate shall
be thirty percent (30%) of the maximum allowable amount.
djust the previous—yeafleincrease or decrease - by
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D. When a transportation impact fee, pursuant to subsection (A) of this
section, applies to a change of use permit, the transportation impact fee
shall be the applicable transportation impact fee for the land use category
of the new use, less any transportation impact fee previously paid for the
land use category of the prior use. For purposes of this provision, a
change of use should be reviewed based on the land use category
provided in the rate study that best captures the broader use of the
property under development. Changes in use or tenancy, if consistent with
the general character of the building or building aggregations (i.e.,
2 Transportation Impact Fees
Amend KCC 12.24,060
"industrial park," or "specialty retail") should not be considered a change
in use that is subject to a transportation impact fee. Further, minor
changes in tenancies that are consistent with the general character of the
included structure, building, or previous use should not be considered
changes in use subject to a transportation impact fee. If no transportation
impact fee was paid for the prior use, the transportation impact fee for the
new use shall be reduced by an amount equal to the current
transportation impact fee rate for the prior use. Vacant buildings shall be
assessed as if in the most recent legally established use as shown on a
Kent business license, development permit, or other reliable and verifiable
evidence acceptable to the director.
E. For mixed use developments, transportation impact fees shall be
imposed for the proportionate share of each land use, based on the
applicable measurement in the transportation impact fee rates published
pursuant to KCC 12.14.190.
F. Transportation impact fees shall be determined at the time the
complete application for a building permit or a permit for a change in use
is submitted using the transportation impact fees then in effect.
Transportation impact fees shall be due and payable before the building
permit or permit for a change of use is issued by the city.
G. Until December 31, 2013, at the time of issuance of any single-
family residential building permit for a dwelling unit that is being
constructed for initial sale, the payment of the transportation impact fee
may be deferred if the owner of the underlying real property executes a
first position lien in favor of the city in the amount of the transportation
impact fee in effect at the time of the deferral. The city shall record the
lien against the real property and the lien amount shall be paid by the
seller to the city at the time of closing of the sale of the real property and
3 Transportation Impact Fees
Amend KCC 12.14.060
single-family residence.
i. A feepayer who chooses to defer the transportation impact
fee must combine the lien with a lien for deferring the water development
system charge in KCC 7.02.160, for the transportation improvement fee in
KCC 12.11.090 or Chapter 43.21C RCW, and for the drainage development
charge in KCC 7.05.165.
2. A deferral fee, in the amount set by city council resolution for
city of Kent planning and land use fees, "fee deferral lien," will be due at
the time of the application for deferral. The administrative fee set out in
KCC 12.14.170 will not be deferred.
H.-Feepayers allowed credits prior to the submittal of the complete
building permit application or an application for a permit for a change of
use shall submit, along with the complete application, a copy of the letter
prepared by the director setting forth the dollar amount of the credit
allowed. Transportation impact fees, as determined after the application of
any credits, shall be collected from the feepayer no later than the time a
building permit or permit for a change of use is issued.
I. The department shall not issue the required building permit
or the permit for the change of use until the transportation impact fees
have been paid.
SECTION 2.-Severabi/itv. If any portion of this title is found to be
invalid or unenforceable for any reason, such finding shall not affect the
validity or enforceability of any other chapter or any other section of this
title.
SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
4 Transportation Impact Pees
Amend KCC 12.14.060
approval of the City Attorney, the City Clerk and the code reviser an
authorized to make necessary corrections to this ordinance, including thi
correction of clerical errors; references to other local, state or federal laws
codK;01 rules, or regulations; or ordinance numbering an
section/subsection numbering.
SECTION 6. -Effective Date. This ordinance shall take effect ani
be in force thirty (30) days from and after its passage as provided by law.
ATTEST:
2015.
APPROVED: day of , 2015.
114'
PUBLISHED: day of , 2015.
5 Transportation Impact Fees
Amend KCC 12.14.060
I hereby certify that this is a true copy of OrdinancE
No. IX passed by the City Council of the City of Kent, Washington, anc
approved by the Mayor of the City of Kent as hereon indicated.
P:\Civil\Ordinance\Transportation Impact Fees.docx
(SEAL)
6 Transportation Impact Fees
Amend KCC 12.24.060