A. 
This title is enacted pursuant to the city's police powers, the Growth Management Act as codified in chapter 36.70A RCW, the enabling authority in chapter 82.02 RCW, chapter 58.17 RCW relating to platting and subdivisions, and the State Environmental Policy Act (SEPA), chapter 43.21C RCW.
B. 
The purpose of this title is to:
1. 
Develop a transportation impact fee program consistent with the transportation plan to finance transportation system improvements necessitated by development in the city;
2. 
Ensure adequate levels of transportation service within the city consistent with the comprehensive plan and transportation improvements are concurrent with development per state law;
3. 
Create a mechanism to charge and collect fees to ensure that all new development bears its proportionate share of the cost of transportation facilities needed to serve new growth and development to provide an adequate level of transportation service as identified in the comprehensive plan;
4. 
Ensure adequate and fair collection and administration of such impact fees.
C. 
The provisions of this chapter shall be liberally construed to effectively carry out its purpose in the interests of public health, safety and welfare.
(Ord. 2531 § 11, 2015; Ord. 2698 § 1 (Exh. A) (part), 2019; Ord. 2041 § 1 (part), 2003)
The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.
"Adequate level of transportation service"
means a system of transportation facilities which have the capacity to serve development without decreasing levels of service below the city's established minimum as set forth in the comprehensive plan.
"Capacity"
means the maximum sustainable flow rate at which vehicles or persons can be expected to traverse a point or uniform segment of a lane or roadway during a specified period, usually expressed as vehicles per hour, passengers per hour, or persons per hour.
"City"
means the city of Sumner.
"City administrator or designee"
means the city administrator of the city of Sumner or his/her designee.
"Comprehensive plan"
means the currently adopted city of Sumner comprehensive plan, as amended.
"Council"
means the city council of the city of Sumner.
"Department"
means the department of public works for the city of Sumner.
"Development"
is defined in SMC § 18.04.0340; those definitions are applicable to this chapter.
"Development activity"
means any construction or expansion of a building, structure, facility or use, any change in size of a building, structure, or facility, or any change in the use of land, that creates additional demand and need for transportation facilities.
"Director"
means the director of the department of public works or the director's designee.
"Dwelling unit"
is defined in SMC § 18.04.0360, and incorporated herein by this reference.
"Encumbered"
means to reserve, set aside or otherwise earmark the impact fee in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities.
"Equivalent car trip"
means the number of p.m. peak trips with passenger cars, light pickups and two-axle, six-tire trucks with a gross weight of 18,000 pounds or less being considered one equivalent car trip. Larger and heavier vehicles with more than two axles and six tires with a gross weight of more than 18,000 pounds are considered trucks and are rated as four equivalent car trips for purposes of this chapter.
"Feepayer"
is a person, corporation, partnership, an incorporated association, or any other legal entity, or department or bureau of any governmental entity commencing a land development activity or land use change which creates the demand for additional transportation facilities, which requires the issuance of a building permit. "Feepayer" includes an applicant for an impact fee credit.
"Gross floor area (GFA)"
means the total square footage of any building, structure, or use including accessory uses.
"Hearing examiner"
means the examiner who acts on behalf of the council in considering and applying land use regulatory codes as authorized under chapters 2.58 and 18.56 SMC.
"Interest"
means the interest rate earned by local jurisdictions in the state of Washington local government investment pool, if not otherwise defined.
"Multifamily dwelling"
means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more separated dwelling units.
"Owner"
means the owner of record of real property; provided, that if the real property is being purchased under a recorded real estate contract or mortgage, the purchaser shall be considered the owner of the real property.
"P.M. peak hour"
means the hour of the highest traffic demand between noon and midnight, typically 5:00 p.m. to 6:00 p.m.
"Project improvements"
means site improvements and facilities that are planned and designed to provide service for a particular development project that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in Appendix C of the transportation plan and marked to be partially funded with impact fees as approved by the council shall be considered a project improvement.
"Public facilities"
means the following capital facilities owned or operated by the city: public streets, roads, and bicycle and pedestrian facilities that were designed with multimodal commuting as an intended use.
"System improvements"
means public facilities that are included in the transportation plan and are designed to provide service areas within the community at large, in contrast to project improvements. System improvements generally consist of, but are not limited to, improvements to collector or arterial streets or nonmotorized facilities to increase their capacity because of growth.
"Transportation impact fee"
means a payment of money imposed by the city of Sumner 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 and is reasonably related to the new development that creates additional demand and need for public streets, roads, and bicycle and pedestrian facilities that were designed with multimodal commuting as an intended use, that is a proportionate share of the cost of the public streets, roads, and bicycle and pedestrian facilities and that is used for public roads, streets, and bicycle and pedestrian facilities that reasonably benefit the new development. "Impact fee" does not include a reasonable permit or application fee otherwise established by council resolution.
"Transportation impact fee account"
means the account established for the transportation impact fees collected. The account shall be established pursuant to SMC § 12.36.110 and comply with the requirements of RCW 82.02.070.
"Transportation plan"
means the currently adopted city of Sumner transportation plan, as amended.
"Trip Generation Manual"
means the 11th Edition of the Trip Generation Manual, published by the Institute of Transportation Engineers.
(Ord. 2479 § 1 (part), 2014; Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019; Ord. 2885 § 1, 2024)
The boundaries within which impact fees shall be charged and collected are co-extensive with the corporate city limits, and shall include all unincorporated areas annexed to the city on and after the effective date of ordinance codified in this chapter. After adoption of interlocal agreements with other local and regional governments, geographic boundaries may be expanded consistent therewith.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
The approving authority is hereby authorized to impose transportation impact fees on new development according to the provisions of this chapter.
B. 
Transportation impact fees:
1. 
Shall only be imposed for system improvements that are reasonably related to the new development;
2. 
Shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the new development;
3. 
Shall be used for system improvements that will reasonably benefit the new development;
4. 
May be used only for system improvements which are identified in and addressed by Appendix C of the transportation plan;
5. 
Should not be imposed to mitigate the same off-site transportation facility impacts that are mitigated pursuant to any other law;
6. 
Should not be used for improvements to state transportation facilities unless the state requests such improvements and an agreement to use such fees has been executed between the state/county and the city;
7. 
Shall not be used for improvements to transportation facilities in other jurisdictions unless the affected jurisdiction requests such improvement and an interlocal agreement has been executed between the city and the affected jurisdiction for the use of such fees; and
8. 
Shall be collected only once for each building permit, unless changes or modifications to the building permit are proposed which result in greater direct impacts on transportation facilities than were considered when the building permit was first approved.
(Ord. 2698 § 1 (Exh. A) (part), 2019; Ord. 2885 § 2, 2024; Ord. 2041 § 1 (part), 2003)
A. 
The city shall collect transportation impact fees from any applicant seeking a building permit from the city for any development activity within the city.
B. 
The impact fee amount is generally calculated by using the following formula:
Amount of transportation impact fee for development use = Number of units of land use × Net new trip rate for that land use × Car equivalency × Current adopted transportation impact fee per new p.m. peak hour trip
1. 
The number of units of each use is determined as follows: (a) for residential uses it is the number of dwelling units for which a building permit application has been made; and (b) for office, retail, or manufacturing uses it is the gross floor area of building(s) to be used for each use expressed in square feet divided by 1,000 square feet, or in the units defined in the schedules.
2. 
Using the formula in this subsection (B), transportation impact fees shall be calculated separately for each use. The transportation impact fees that shall be due are the sum of these calculations.
3. 
If a development activity will include more than one use in a building or site, then the transportation impact fee shall be determined using the above formula by apportioning the space committed to the various uses specified on the schedule.
4. 
If the type of use or development activity is not specified on the transportation impact fee schedules, the director shall use the transportation impact fee applicable to the most comparable type of land use on the fee schedule. The director shall be guided in the selection of a comparable type by the Trip Generation Manual.
5. 
In the case of a change in use, development activity, redevelopment, or expansion or modification of an existing use, the transportation impact fee shall be based upon the net positive increase in the number of new p.m. peak hour trips added by the new development activity as compared to the number of p.m. peak hour trips for the previous land use activity.
C. 
The amount of impact fees shall be determined at the time of building permit issuance, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to SMC § 12.36.060, and adjusted for any credits pursuant to SMC § 12.36.070.
D. 
Payment of impact fees shall be made by the feepayer either: (1) at the time the building permit is issued; or (2) deferred as per subsection (G) of this section.
E. 
Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to SMC § 12.36.070 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director or his/her designee pursuant to SMC § 12.36.070 setting forth the amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued.
F. 
The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded, or payments have been deferred per subsection (G) of this section.
G. 
Deferral of Payment of Transportation Impact Fees. An applicant for a building or site development permit may request a deferral of the full transportation impact fee payment until final construction inspection or 18 months from the date of original permit issuance, whichever occurs first. Deferral of transportation impact fees, and the application process for a deferral, shall be in accordance with the provisions and requirements of SMC § 3.50.115(A)(1) through (A)(11) as currently written or hereafter amended.
H. 
The transportation impact per trip fee schedule, indexed to Seattle Cost Construction Index as of July 1, 2024, is set as $7,452 per p.m. peak hour trip. This rate shall be adjusted per subsection (I) of this section, with the first such adjustment occurring on October 1, 2024.
I. 
Effective October 1st of each year, the impact fee rates shall be adjusted according to the Seattle Construction Cost Index (SCCI).
(Ord. 2041 § 1 (part), 2003; Ord. 2348 § 3, 2011; Ord. 2417 § 3, 2012; Ord. 2473 § 3, 2014; Ord. 2576 § 3, 2016; Ord. 2554 § 1, 2015; Ord. 2698 § 1 (Exh. A) (part), 2019; Ord. 2711 § 2, 2019; Ord. 2881 § 4, 2024; Ord. 2885 § 3, 2024)
A. 
If in the judgment of the director or his/her designee, none of the fee categories set forth in the impact fee schedule guideline in effect at that time and on file in the public works department accurately describes or captures the impacts of the new development, the applicant shall conduct an independent fee calculation and the director may impose alternative fees on a specific development based on those calculations, once accepted by the city.
B. 
Feepayers may opt not to have the impact fees determined according to the impact fee schedule guideline in effect at that time and on file in the public works department. Such feepayers shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is sought. The independent fee calculation shall be prepared by a professional engineer licensed in the state of Washington with expertise completing such calculations.
C. 
The documentation submitted and supporting an independent fee calculation shall clearly show new p.m. peak hour trip generation characteristics of the proposed development based on industry-accepted standards from the Trip Generation Manual or as determined from actual field studies. The modified fee shall be based on the cost per equivalent car trips established herein, and shall consider the alternative trip generation data.
D. 
An administrative fee shall be charged for each independent fee calculation. The city may adjust the amount of the deposit at any time, as necessary, to pay for the appropriate review of the independent fee calculation. These fees shall be based on the city's actual expended direct and indirect costs and expenses. Statements will include invoice documentation and are mailed monthly. Payment is due by the first of the following month as shown on the billing statement. A monthly finance charge of one percent of the ending balance will be assessed on all unpaid balances. If no payment is made within 60 days, the account will be considered past due and all further city staff work on the project may be suspended. After 90 days past due, the city may take whatever action is necessary to collect past due amounts including referring the matter to the city attorney and/or a collection agency. The feepayer shall also pay reasonable fees to the city, in addition to the amount identified, if the city is required to perform additional work relating to the application, which may include, but is not limited to, the following:
1. 
Additional support services which shall include but are not limited to a traffic analysis.
2. 
Acts by the applicant which require that the city staff spend extraordinary time on related issues.
3. 
The city's need to obtain consulting support services to assist the city when the scope of the application is beyond the city's expertise or the city's ability to review within a reasonable time. Authorization from the owner shall be required before the city enlists project consulting support services.
After the city completes its review, the actual costs and expenses will be determined and the cash deposit shall be adjusted to provide for a refund by the city or additional payment by the feepayer.
E. 
While there is a presumption that the calculations set forth in the Trip Generation Manual are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness.
F. 
Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner subject to the procedures set forth in SMC § 12.36.090.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
Requesting Transportation Impact Credits.
1. 
A feepayer can request that a credit or credits for transportation impact fees for transportation project improvements provided by the feepayer if the land, improvements, and/or the facility constructed are identified as transportation system improvements that provide capacity to serve new growth in the transportation plan.
2. 
The director possesses the discretion to grant credits if the constructed entities are in alignment with the city's comprehensive transportation plan.
3. 
The property owner can request a credit or credits against impact fees associated with redevelopment if transportation impact fees are paid on development that is legally demolished or otherwise destructed.
B. 
For each request for a credit or credits, the director shall determine the value of dedicated undeveloped land by either using available documentation or selecting an independent and qualified appraiser as the director deems appropriate. The value of the improvements shall be based on the actual documented construction cost submitted by the feepayer.
C. 
The feepayer shall pay the cost of the appraisal and deposit on account the estimated cost of the appraisal as determined by the director at the time requesting credit consideration.
D. 
After receiving the appraisal, the director shall provide the applicant with a transportation impact fee credit letter setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.
E. 
Any claim for credit must be made no later than the time of application for a building permit. Failure to do so will result in the waiver of the ability to claim or request any credit.
F. 
No credit shall be given for transportation project improvements or right-of-way dedications for direct access improvements to and/or within the development in question.
G. 
Credits shall be based on the current transportation impact fees in effect at the time the credit is approved by the director. The city shall keep a record of these credits and apply them to future development permits so long as a complete building permit application is submitted within 10 years from the date the transportation impact fee credit was awarded.
H. 
Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in SMC § 12.36.090.
I. 
Pursuant to and consistent with the requirements of RCW 82.02.060, the schedule of transportation impact fees has been reasonably adjusted for other revenue sources which are earmarked for, or proratable to, funding transportation facilities.
(Ord. 2698 § 1 (Exh. A) (part), 2019; Ord. 2881 § 5, 2024; Ord. 2041 § 1 (part), 2003)
A. 
The following shall be exempted from the payment of transportation impact fees:
1. 
Replacement of a structure with a new structure of the same p.m. peak hour trip generation and use at the same site or lot when such replacement occurs within five years of the demolition or destruction of the prior structure;
2. 
Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed;
3. 
Alterations of an existing nonresidential structure that does not expand the usable space;
4. 
Miscellaneous improvements, including but not limited to fences, walls, swimming pools, and signs;
5. 
Repealed by Ord. 2698;
6. 
Demolition, or moving of a structure out of the city.
B. 
The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section. Determinations of the director shall be subject to the appeals procedures set forth in SMC § 12.36.090.
C. 
The general policy to determine ownership of impact fees transferred from one location to another within the city limits is as follows:
1. 
The owner of the property has the rights to the credits. The expiration of credits shall not be extended when a new owner comes into title.
2. 
Repealed by Ord. 2698.
3. 
Repealed by Ord. 2698.
4. 
Credit for past uses on a property or delay of the use of transfer credits has a limitation of five years. If they are not used within this time frame, they shall become null and void.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. Appeals regarding the impact fees imposed on any development activity may only be made by the feepayer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fees at issue have been paid.
B. 
Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision with respect to the independent fee calculation, or any other determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing examiner.
C. 
Appeals shall be taken within 10 working days of the director's issuance of a written determination by filing with the office of the hearing examiner a notice of appeal specifying the grounds thereof, and depositing the necessary fee, which is set forth in the existing fee schedules for appeals of administrative decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.
D. 
The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in chapter 18.56 SMC. At the hearing, any party may appear in person or by agent or attorney.
E. 
The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. In accordance with chapter 18.56 SMC, this is a Class IV decision. The decision of the hearing examiner shall be final, and shall be appealable only through the judicial system.
F. 
The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the director by this chapter.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. The fees received shall be prudently invested in a manner consistent with the investment policies of the city.
B. 
There is hereby established a separate impact fee account for the fees collected pursuant to this chapter: the transportation impact account. Funds withdrawn from this account must be used in accordance with the provisions of SMC § 12.36.130. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected.
C. 
On an annual basis, the city administrator or designee shall provide a report to the council on the transportation impact account showing the source and amount of all moneys collected, earned, or received, and the transportation improvements that were financed in whole or in part by impact fees.
D. 
Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the delay.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
If the city fails to expend or encumber the impact fees within 10 years of when the fees were paid, or where extraordinary or compelling reasons exist such other time periods as established pursuant to SMC § 12.36.110, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis.
B. 
The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant(s) must be the owner(s) of the property.
C. 
Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.
D. 
Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on appropriate transportation system improvements.
E. 
Refunds of impact fees under this section shall include any interest earned on the impact fees by the city.
F. 
Repealed by Ord. 2698.
G. 
The city shall also refund to the developer of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
Pursuant to this chapter, transportation impact fees:
1. 
Shall be used for transportation improvements that will reasonably benefit the new development; and
2. 
Shall not be imposed to make up for deficiencies in transportation facilities serving existing developments; and
3. 
Shall not be used for maintenance or operations.
B. 
Repealed by Ord. 2698.
C. 
Transportation impact fees may be spent for transportation improvements, including but not limited to planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements including mitigation, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized.
D. 
Impact fees may be used to recoup transportation improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.
E. 
In the event that bonds or similar debt instruments are or have been issued for the advanced provision of transportation improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
As provided in RCW 82.02.100, a person required to pay a fee pursuant to RCW 43.21C.060 for system improvements shall not be required to pay an impact fee under this chapter for those same system improvements.
B. 
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.
C. 
Nothing in this chapter shall be construed to limit the city's authority to deny development permits when a proposal would result in probable significant adverse impacts identified in an environmental impact statement and reasonable mitigation measures are insufficient to mitigate the identified impact.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
The impact fees set forth herein shall be reviewed by the council as it may deem necessary and appropriate or in conjunction with the update of the comprehensive plan.
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)
A. 
Existing Authority Unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of RCW 82.02.050(1)(c).
B. 
Captions. The chapter and section captions used in this chapter are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this chapter.
C. 
Severability. If any portion of this chapter is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other section of this chapter.
D. 
Short Title. This chapter shall be known and may be cited as the "City of Sumner Transportation Impact Fee Ordinance."
(Ord. 2041 § 1 (part), 2003; Ord. 2698 § 1 (Exh. A) (part), 2019)