HomeMy WebLinkAbout4172AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 12 of the
Kent City Code by adding a new Chapter 12.20,
Adoption and Administration of Impact Fees,"
establishing a process for adoption of new impact
fee ordinances imposed on development activity to
help finance system improvements to public
facilities; requiring a public hearing prior to
adoption of any ordinance establishing impact fees
for a new category of public facility; adopting a
system for limited deferrals of collection of impact
fees imposed on single-family residential
construction; and authorizing the collection of
reasonable administrative fees to help fund the
cost of maintaining the impact fee deferral
program.
RECITALS
A. The state legislature has authorized counties, cities and towns
that regulate development pursuant to Chapter 36.70A RCW, the Growth
Management Act (GMA), to impose impact fees on development activity to
ensure that new growth and development partially fund the cost of certain
public facilities needed to serve new growth and development.
B. The impact fee program requirements are contained in
Sections 82.02.050 through 82.02.100 RCW.
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C. The City of Kent has adopted a number of different impact
fees to help ensure that new growth pay a proportionate share of system
improvements to public facilities, pursuant to the GMA and Sections
82.02.050 through 82.02.100 RCW, including school impact fees (Chapter
12.13, Kent City Code (KCC)); transportation impact fees (Chapter 12.14
KCC), and fire impact fees (Chapter 12.15 KCC).
D. During the past legislative session, the State legislature
passed Engrossed Senate Bill 5923 (ESB 5923), requiring all counties,
cities and towns that collect impact fees to adopt and maintain a system
for the deferred collection of impact fees for single-family residential
construction, subject to certain conditions, no later than September 1,
2016.
E. While not a requirement of ESB 5923, The City Council finds
that mandating a public hearing prior to the adoption of any ordinance
establishing impact fees for a new category of public facility will ensure
greater participation and input from the general public, including
developers, both large-scale and small-scale, who would be directly
affected by imposition of the new impact fee. It is not the intent of the
City Council to require public hearings for amendments to any impact fees
that the Council has previously adopted, as identified in paragraph "C" of
these Recitals, unless otherwise required by statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
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Amend Title 12
SECTION IN - Amendment. Title 12 of the Kent City Code, entitled
Planning and Land Development," is hereby amended by adding a new
Chapter 12.20, entitled "Adoption and Administration of Impact Fees" as
follows:
Sec. 12.20.010. Purpose. Pursuant to Chapters 36.70A and
82.02 RCW, the council adopts this chapter to establish a framework for
the imposition and administration of all city impact fees. The provisions of
this chapter shall be liberally construed in order to carry out the purposes
of the council to govern all existing and future impact fee programs.
Sec. 12.20.020. Definitions. The following words and terms shall
have the following meanings for the purpose of this chapter:
A. App/icant means a person or entity who applies for a city permit
authorizing development activity, and includes an entity that controls the
applicant, is controlled by the applicant, or is under common control with
the applicant.
B. City means the city of Kent.
C. Development activity means any construction or expansion of a
building, structure or use, any change in use of a building or structure, or
any change in the use of land that creates additional demand and need for
public facilities.
D. Director means the city of Kent economic and
development director or the director's designee.
community
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E. Impact fee means a payment of money imposed upon development
activity as a condition of development approval to pay for public facilities
needed to serve new growth and development, and that is reasonably
related to the new development that creates additional demand and need
for public facilities, that is a proportionate share of the cost of the public
facilities, and that is used for facilities that reasonably benefit the new
development. "Impact fee" does not include a reasonable permit or
application fee, or other administrative fee.
F. Public faci/ities means the following capital facilities owned or
operated by government entities: (a) Public streets and roads; (b) publicly
owned parks, open space, and recreation facilities; (c) school facilities; and
(d) fire protection facilities.
Sec. 12.20.030. Impact fees for new categories of public
facilities —Hearing and public comment.
A. The city council will hold a public hearing at least 14 calendar days
prior to adoption of any ordinance establishing impact fees for a new
category of public facility, as described in KCC 12.20.035. In the
alternative, the city council may elect to delegate this authority to any
committee.
B. Anyone may provide written comments to the city council or its
delegee prior to the public hearing. Any agency, group, or member of the
public is presumed to have no written comments if comments are not
received by 5:00 p.m. on the last business day prior to the date of the
scheduled public hearing. Comments may be mailed, personally delivered
to the city clerk, or sent by facsimile or e-mail. Texts, tweets, or
comments placed through other social media sites, whether or not the city
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has a presence on those sites, will not be considered. Written comments
should be as specific as possible.
C. Notwithstanding the provisions of subsection (B) above, anyone may
provide written or oral testimony, or both, at the public hearing itself.
D. The city council may:
1. Adopt, modify or otherwise amend the proposed impact fee
ordinance after the public hearing;
2. Call for a subsequent public hearing in order to elicit further
input from staff or from the public; or
3. Refer the impact fee ordinance back to committee for further
review.
E. If the city council chooses to proceed with adoption of the impact
fee ordinance for a new category of public facility, whether modified or
amended, it must do so within 45 days of the final public hearing held
pursuant to this section. If the city council fails to vote to adopt the
ordinance within this 45 -day period, the council must provide new notice of
another public hearing, in accordance with KCC 12.20.035, before the
council may adopt the ordinance.
F. This section specifically does not apply to amendments to any
chapter of the city code adopted prior to the effective date of this
ordinance, which pertains to impact fees for existing categories of public
facilities.
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Sec. 12.20.035. Impact fee ordinance for new categories of
public facilities- Public hearing notice.
least seven calendar days prior to the public hearing, the city will
provide notice in the following manner.
1. Post the notice on the city's website and on the public notice
board in the lobby of the Kent City Hall;
2. Publish a notice summarizing the proposed action one time in
a manner most likely to reach the persons, agencies, or entities that may
be affected by the ordinance. Examples of appropriate publications for
notice include, without limitation, publishing in a newspaper of general
circulation within the city, publishing in a regional, neighborhood, ethnic,
or trade journal, or publishing through one or more trade or community
websites. At its option, the city may elect to publish under this subsection
in more than one publication,
3. Mail or e-mail notice to any person, group or agency who has
requested notice at least seven calendar days prior to the hearing, using
the contact information provided by the requestor. Unless specifically
requested otherwise, the city will provide notice via e-mail.
B. At least three days prior to the public hearing, the city will mail ore-
mail the public hearing agenda to any person or group who provided
written comments to the city pursuant to KCC 12.20.030.
C. This section specifically does not apply to amendments to any
chapter of the city code adopted prior to the effective date of this
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ordinance, which pertains to impact fees for existing categories of public
facilities.
Sec. 12.20.040.
Eligibility.
Deferred collection of impact fees —
A. Each applicant fora single-family residential building permit, in
accordance with his or her contractor registration number or other unique
identification number, is entitled to annually receive deferrals of all
applicable impact fees that would otherwise be collected for the first 20
single-family residential construction permits issued by the city to the
applicant. The applicant must request the deferral of all impact fees in
writing, on a form prepared and approved by the director and the city
attorney, and eligibility is limited to the first 20 permits actually issued by
the city to the applicant each calendar year, beginning on January 1.
B. At the time of issuance of asingle-family residential building permit,
all impact fees shall be assessed based on the impact fee schedules then in
effect.
Sec 12.20.050.
requirements.
Deferred impact fees — Applicant
A. An applicant who receives a deferral under KCC 12.20.040 must
grant and record a deferred impact fee lien against the property, at the
applicant's sole expense, in favor of the city, in the amount of all impact
fees deferred for the permit authorizing construction on the property. The
deferred impact fee lien, which must include the legal description, tax
account number, and address of the property, must also be.
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1. In a form approved by the city;
2. Signed by all owners of the property, with all signatures
acknowledged as required for a deed, and recorded in the county where
the property is located;
3. Binding on all successors in title after the recordation; and
4. Junior and subordinate to one mortgage for the purpose of
construction upon the same real property granted by the person who
applied for the deferral of impa.ct fees.
B. If impact fees are not paid in accordance with the deferral system
authorized by KCC 12.20.060 and this section, the city may institute
foreclosure proceedings in accordance with chapter 61.12 RCW.
C. If the city does not institute foreclosure proceedings for unpaid
school impact fees within 45 days after receiving notice from a school
district requesting that it do so, the school district may institute foreclosure
proceedings with respect to the unpaid impact fees.
Sec. 12.20.060. Collection of deferred impact fees.
A. The city authorizes collection of all impact fees deferred pursuant to
this chapter until the time of closing of the first sale of the property
occurring after the issuance of the building permit for which the impact
fees were deferred, provided, however, that in no event may deferral of
the collection of the impact fees exceed 18 months from the date on which
the building permit for which the impact fees were deferred was issued to
the applicant by the city.
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I If closing of the first sale of the property for which impact
fees were deferred occurs within 18 months of the granted deferral,
payment of all deferred impact fees must take place upon closing, and the
seller shall be strictly liable for payment of all deferred impact fees to the
city at that time. The city bears no responsibility for determining whether
the seller and the buyer have contractually agreed for the buyer to pay the
deferred fees, and the city reserves the right to institute legal proceedings
against the seller, if necessary, to collect any deferred impact fees that
remain unpaid after closing. In addition, the city may withhold issuance of
a certificate of occupancy, final inspection approval, or equivalent
certification required for occupancy of the residence until all impact fees
have been paid in full.
2. If closing of the first sale of the property for which impact
fees were deferred does not occur within 18 months of the granted
deferral, then all deferred impact fees shall become immediately due and
owing to the city, and the applicant shall be strictly liable for payment of
all deferred impact fees to the city at that time. If the applicant fails, upon
request by the city, to immediately pay all deferred impact fees pursuant
to this subsection 12.20.060(A)(2), then the city may foreclose on the lien
in the manner provided for in KCC 12.20.050.
Sec. 12.20.070. Payment of deferred impact fees —Release
of lien.
A. Upon receipt of final payment of all deferred impact fees for a
property, the city must execute a release of deferred impact fee lien for
the property. 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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B. The extinguishment of a deferred impact fee lien by the foreclosure
of a lien having priority does not affect the obligation to pay the impact
fees as a condition of final inspection, certificate of occupancy, or
equivalent certification, or at the time of closing of the first sale.
Sec. 12.20.080. Authorization for collection of administrative
fees —Reporting requirements.
A. Pursuant to RCW 82.02.050(3)(h), the city may collect a reasonable
administrative fee at the time of building permit issuance from any
applicant seeking to defer collection of impact fees for the permit, in order
to implement and administer the impact fee deferral system created by
this chapter. Any administrative fee imposed hereunder shall be as
established by council resolution.
B. Pursuant to RCW 82.02.050(3)(1), the city shall cooperate with and
provide requested data, materials, and assistance to the state department
of commerce and the joint legislative audit and review committee
established by sections 3 and 4 of ESB 5923 to determine the effectiveness
of the state -mandated impact fee deferral process.
Sec. 12.20.090. Conflict with other code provisions —
Superseded. In the event any provision of this chapter conflicts with
other sections of city code pertaining to the assessment and collection of
impact fees, the director is authorized to resolve any conflicts or
ambiguities in the manner designed to give maximum effect to the deferral
process established in this chapter, and its provisions shall supersede any
earlier -adopted codes to the contrary.
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SECTION 2. - Severability. If one or more sections, subsections, or
sentences of this ordinance is held to be unconstitutional or invalid, that
decision will not affect the validity of the remainder of this ordinance and it
will remain in full force and effect.
SECTION 39 -Corrections by Cid Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser may make
necessary corrections to this ordinance, including the correction of clerical
errors; ordinance, section, or subsection numbering; or references to other
local, state or federal laws, codes, rules, or regulations.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as_ provided by law.
ATTEST:
�G mss.
RONALD F.,�P OOR ,CITY C
APPROVED AS TO FORM:
BRUBAKER, CITY ATTORNEY
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PASSED: day of �, 2015.
APPROVED: day of , 2015.
PUBLISHED.6X0 day of( � , 2015.
I hereby certify that this is a true copy of Ordinance No. 7/
passed by the city council of the city of Kent, Washington, and approved
by the Mayor of the city of Kent as hereon indicated.
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• E� f "RE, CIfY CLERK
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