This chapter is adopted as a basis for the exercise of substantive authority by the city under the Growth Management Act, Chapters 36.70A and 82.02 RCW, as a means of mitigating impacts on park and recreation, transportation, fire, and schools facilities. The regulations contained in this chapter shall apply to all development within the city.
The city of Enumclaw has conducted studies documenting the methodology and procedures for measuring the impact of new development on public facilities. The city hereby incorporates into this chapter the following studies: Transportation Impact Fee Update dated November 23, 2016; and Rate Study for Impact Fees for Parks dated July 14, 2008.
(Ord. 2399 § 2, 2008; Ord. 2609 § 1 (Exh. A), 2017)
A. 
The regulations contained in this chapter are necessary for the protection and preservation of the public health, safety, and general welfare of the citizens of the city. Capital facilities need to be developed in order to serve new growth.
B. 
The purpose of this chapter is to maintain adopted levels of service in the city by requiring that development, as defined by this chapter, contribute toward identified capital need.
C. 
As a condition of city approval of all development, the city will require mitigation of adverse impacts on facility service levels identified during the development review and building review processes.
D. 
Mitigation fees imposed under this chapter are designed to reasonably mitigate impacts related to proposed development.
(Ord. 2399 § 2, 2008)
Service areas, which may vary by type of public facilities and which include at a minimum the city limits and established urban growth areas, may be established in the capital facilities plan element of the city of Enumclaw comprehensive plan. Such service areas shall be defined so as to ensure that those developments paying impact fees will be reasonably benefited by the new public facilities. Additional or revised service areas may be designated by the council by amendment to the facilities plan element of the comprehensive plan upon consideration of the following factors:
A. 
The comprehensive plan;
B. 
Standards for adequate public facilities incorporated in the capital facilities plans;
C. 
Projections for full development as permitted by land use ordinances and timing of development;
D. 
The need for and cost of unprogrammed capital improvements necessary to support projected development; and
E. 
Such other factors as the council may deem relevant.
(Ord. 2399 § 2, 2008)
A. 
The city shall collect impact fees from any applicant seeking a building permit from the city, using the impact fee schedules in effect on the date of application.
B. 
Except as may be due to exemptions or credits provided pursuant to EMC § 19.24.110 or § 19.24.130, or pursuant to an independent fee calculation accepted by the council pursuant to EMC § 19.24.120, or impact fees imposed by the administrator and approved by the council pursuant to EMC § 19.24.120, the city shall not issue a building permit(s) unless and until the impact fees set forth in the schedules in this chapter have been paid; provided, that said fees may be revised per EMC § 19.24.200. The 10-year period, in which impact fees must be spent, begins when the impact fees are paid at time of building permit(s) issuance.
(Ord. 2399 § 2, 2008; Ord. 2586 § 1, 2016; Ord. 2609 § 1 (Exh. A), 2017)
A. 
Except as provided in subsection B of this section, the impact fee imposed under this chapter shall be due and payable at the time of issuance of a building permit.
B. 
Impact fee payments may be deferred for single-family detached and attached residential construction until the city conducts a final building inspection as authorized by RCW 82.02.050(3). In order to defer the payment of impact fees as required by this chapter, all applicants and/or legal owners of the subject property upon which the development activity is to occur must sign an impact fee deferral agreement in a form acceptable by the city attorney. The applicant must also pay a $200.00 administrative fee, along with fees necessary for recording the agreement in the office of the King County auditor. The impact fee deferral agreement shall require the applicant to grant and record an impact fee lien as required by RCW 82.02.050(3)(c) prior to issuance of the building permit. The city shall withhold final building inspection approval, issuance of a certificate of occupancy, and any other equivalent final certification until the deferred impact fees have been paid in full. The term of an impact fee deferral shall not exceed 18 months.
In the event that the fees are not paid within the time provided in this subsection, the city shall commence foreclosure proceedings under the process set forth in Chapter 61.12 RCW, except as may be revised herein. The then-present owner shall also pay the city's reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the city shall not commence foreclosure proceedings less than 30 calendar days prior to providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the 30-day cure period, no attorney fees and/or costs will be owed. In addition, the city retains its full authority to withhold inspections and to suspend, revoke or refuse to issue occupancy and other building permits and to commence enforcement actions due to nonpayment of impact fees.
(Ord. 2399 § 2, 2008; Ord. 2586 § 2, 2016)
A. 
The impact fee for a nonresidential development shall be the sum of the computed traffic impact fee and fire facility impact fee.
B. 
The impact fee for each residential dwelling unit shall be the sum of the transportation impact fee, the park impact fee, the fire facility impact fee, and the school impact fee.
C. 
If the development for which approval is sought contains a mix of residential and nonresidential uses, then the impact fee for each use shall be separately calculated, and then summed to derive the appropriate fee.
(Ord. 2399 § 2, 2008)
The transportation impact fee component is based on the cost of providing projects set forth in the transportation and capital facility elements of the Enumclaw comprehensive plan.
Transportation impact fees shall be imposed based on Table 4, Impact Fee Schedule.
(Ord. 2399 § 2, 2008; Ord. 2609 § 1 (Exh. A), 2017; Ord. 2820 § 2, 2025)
The park impact fee imposed on residential development is based on the cost of capital projects listed in the comprehensive plan and in the most recently adopted parks, recreation and open space plan. The parks impact fee imposed shall be that which is set forth in the city's fee resolution.
(Ord. 2399 § 2, 2008; Ord. 2820 § 3, 2025)
The school impact fee imposed on development is based on the cost of capital projects listed in the Enumclaw School District No. 216 Capital Facilities Plan.
(Ord. 2399 § 2, 2008; Ord. 2609 § 1 (Exh. A), 2017)
A. 
The following shall be exempt from the payment of all impact fees:
1. 
Replacement of a structure or mobile home with a new structure or mobile home of the same size and use at the same site or lot unless the period of vacancy has exceeded 12 months and the site or lot has not previously paid an impact fee.
2. 
Alterations, expansions, enlargements, remodeling, rehabilitation or conversion of an existing residential dwelling unit where no additional dwelling units are created and/or the use is not changed.
3. 
Alterations, remodeling, rehabilitation or conversation of an existing commercial building where no additional square footage is created.
4. 
The construction of accessory structures that will not create significant impacts on planned facilities.
5. 
Miscellaneous improvements, including but not limited to fences, walls, swimming pools, and signs.
6. 
Demolition or moving of a structure unless the structure is moved to a lot that has not previously paid impact fees.
B. 
The following shall be exempt from the payment of school impact fees:
1. 
Construction or creation of any form of housing for senior citizens, including nursing homes, retirement centers, and any type of housing units constructed specifically to serve persons age 55 and over, which have recorded covenants, or recorded declaration of restrictions precluding school-aged children as residents of those units and which require that, in the event that the housing unit is no longer used for senior housing as defined in this subsection, the current owner shall pay the impact fee rate in effect at the time of conversion.
C. 
The following shall be exempted from the payment of the transportation impact fee: the construction of private or public schools; provided, that public streets, roads and traffic control projects required by the city to address the impacts of the construction are completed or will be completed as a part of the development.
D. 
The administrator shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the administrator shall be in writing and shall be subject to the appeals procedures set forth in EMC § 15.06.070.
(Ord. 2399 § 2, 2008; Ord. 2631 § 1 (Exh. A), 2018; Ord. 2676 § 1, 2020)
A. 
The council may adjust the impact fees for a specific development upon recommendation of the administrator based on an "independent fee calculation," meaning a calculation supporting the assessment of an impact fee other than that indicated by EMC § 19.24.070 through § 19.24.100, where EMC § 19.24.070 through § 19.24.100 do not accurately describe the impacts of the development activity on planned facilities.
B. 
If the administrator concludes that none of the impact fee categories or impact fee amounts set forth in the schedules in EMC § 19.24.070 through § 19.24.100 accurately describe or capture the impacts of a development activity on planned facilities, the administrator may conduct independent fee calculations. The appropriate departments (public works, fire, parks) and/or Enumclaw school district shall review the independent fee calculation and provide an analysis to the administrator concerning whether the independent fee calculation should be accepted, rejected, or accepted in part. The administrator may then recommend to the council alternative impact fees on a specific development activity based on these calculations. The alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer prior to consideration by council.
C. 
If a fee payer opts not to have the impact fees determined according to the schedules set forth in EMC § 19.24.070 through § 19.24.100, then the fee payer shall prepare and submit to the administrator an independent fee calculation for the development activity for which a permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The appropriate departments (public works, fire, parks) and/or Enumclaw school district shall review the independent fee calculation and provide an analysis to the administrator concerning whether the independent fee calculation should be accepted, rejected, or accepted in part. The administrator shall consider the documentation submitted by the fee payer and the analysis prepared by the appropriate departments, but is not required to accept such documentation or analysis which the administrator deems to be inaccurate or not reliable, and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. The administrator may recommend to the council adjustment of the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development activity, and/or principles of fairness. The alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer prior to consideration by council.
D. 
Following receipt of a recommendation from the administrator, the council may adopt, reject, or adopt in part the independent fee calculation based on the analysis prepared by appropriate departments, and based on the specific characteristics of the development activity, and/or principles of fairness. The final decision of the council shall be set forth in writing and mailed to the fee payer within 10 days following the decision.
E. 
Any fee payer submitting an independent fee calculation will be required to pay the city of Enumclaw a nonrefundable fee to cover the cost of reviewing the independent fee calculation. The fee shall be $500.00 plus the actual cost of any additional staff time in excess of $500.00 spent in the review, and the cost of consultant services if the city deems these services to be necessary; provided, however, for independent fee calculations for single residential lots where, in the sole discretion of the council, the issues involved are easily handled and the fee is clearly excessive, the $500.00 fee may be reduced. The city shall require the fee payer to post a cash deposit of $500.00 prior to initiating the review.
(Ord. 2399 § 2, 2008)
A. 
Credit Available. After the effective date of the ordinance codified in this chapter, credit against the amount of the impact fees for developer dedications of land for planned facilities or construction of planned facilities, or improvements to planned facilities, shall be governed by this section. This section allows for the provision of credit to a fee payer for the value of any dedication of land for, improvements to or new construction of planned facilities by a fee payer, pursuant to RCW 82.02.060(3), as further provided herein. The amount of the credit for a particular improvement or facility shall be limited to the cost of that improvement or facility as set forth in subsection C of this section, as now or hereafter amended. Credits shall be specific to the type of improvements or dedication made, such that dedications of land for, construction of, or improvements to publicly owned parks, open space or recreational facilities shall be applicable only to the parks impact fee; dedications of land for, construction of, or improvements to public streets, roads or traffic control devices shall be applicable only to the transportation impact fee; and dedications of land for, construction of or improvements to fire protection facilities and equipment shall be applicable only to the fire impact fee; and the dedication of land for, construction of, or improvements to school facilities shall be applicable only to school impact fees. All credit requests shall be reviewed and approved by the council following a recommendation being submitted by the administrator.
B. 
Application for Credit/Determination of Suitability of Land, Improvements, Construction. The fee payer applying for credit (hereinafter, the applicant) shall direct the request for a credit or credits, along with a $150.00 nonrefundable fee, to the administrator, who shall refer the request to the proper departments (public works, fire, parks) and/or Enumclaw school district as appropriate. The appropriate departments shall first determine the general suitability of the land, improvements, and/or construction for city purposes. The administrator shall then determine whether the land, improvements, and/or the facilities constructed are included within the city's adopted capital facilities plans or the administrator may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the city's capital facilities plans. The Enumclaw school district shall be responsible for determining whether the land, improvements, and/or facilities constructed are included within the district's capital facilities plan or make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the district's capital facilities plan. The administrator shall then make a recommendation to council based upon the determination of the appropriate departments and/or Enumclaw school district. The council shall review the recommendation and make a decision as to if the land, improvements, and/or construction would be suitable for city purposes.
C. 
Determination of Credit Amount. For each request for credit, once the council has determined that the land, improvements, and/or construction would be suitable for city purposes, the administrator shall determine the amount of the credit. The applicant shall be entitled to a credit for a reasonable value of the land, improvements, and/or construction that is made or dedicated, based upon the actual cost of improvements and/or construction, or the agreed upon or actual redevelopment value of land dedicated. An appraisal shall be required for all determinations of credit that include dedication of land. An appraiser shall be designated by the city and the full cost of such appraisal shall be paid by the applicant; provided, however, that if the applicant disagrees with the appraisal, and hence the determination of the value of the credit by the administrator, the applicant may appeal under the appeals procedures set forth in EMC § 15.06.070. Upon completion of determination of suitability and credit amount by the administrator, a recommendation shall be forwarded to the council for review and final determination. The final decision of council shall be set forth in writing and mailed to the fee payer within 10 days following the decision.
D. 
Use of Credits. The applicant, upon receipt of a credit certificate, shall have the right to use the certificate to offset any future impact fee assessed for any development activity that will be required to pay impact fees. The administration and application of the credit certificates are described in subsection E of this section. The application of any credit certificate shall be specific to either the school impact fee, transportation impact fee, park impact fee or fire impact fee.
E. 
Credit Certificates/Administration. After the amount of credit has been determined by council, the administrator shall issue and provide the applicant with a document hereinafter known as a credit certificate, setting forth the dollar amount of the credit, the date of issuance of the credit certificate, the date of expiration of the credit and the credit certificate, the reason for the credit, the legal description of the property donated, and/or the improvement or construction which was the basis for the credit, and the name of the applicant to which the credit certificate is registered (the credit holder). The applicant must sign and date the credit certificate, and return such signed credit certificate to the administrator for filing in the city's credit certificate registry before the credit will be awarded. The failure of the applicant to sign, date, and return the credit certificate within 60 calendar days of issuance shall nullify the credit. The original credit certificate shall be kept and registered in the city's records, and the credit holder shall be provided a duplicate copy. The administrator shall develop rules and regulations for the administration of the credit certificate program, including the calculation of credits, and including procedures for use of credits and application of credits to particular parcels of land which may be by recorded document, and including the ability to levy an administrative fee in an amount sufficient to cover actual costs to the city.
F. 
Transfer of Credit/Partial Use of Credit. Credit certificates may be transferred or sold to third parties by the credit holder; provided, that in order to transfer credits to another party, the current credit holder shall register the transfer with the city in accordance with the procedures for registration of credit transfers developed by the administrator. Only the credit holder who is identified on the city's registration system may utilize the credit. Registration with the city of credit certificates shall be conclusive evidence of credit ownership. To the extent that a credit holder wishes to utilize only a portion of the credit reflected on the credit certificate against impact fees due on a particular project, the administrator shall develop procedures for reducing the amount of credit reflected on the credit certificate accordingly or issuing a new credit certificate with the remaining credit amount.
G. 
Limitations on Utilization of Credits. Utilization of credit against payment of impact fees must in all cases be made prior to payment of the impact fee. No reimbursement of impact fees will be made for credit not utilized at the time the impact fee was due. In no event shall the city be under any obligation to advise any applicant for a permit of the existence or possible existence of the availability of credits. The burden of investigating and determining if credits may be available shall rest solely with such applicant. Credit utilized shall never exceed the amount of the impact fee due.
H. 
Appeals. Determinations made by the council pursuant to this section shall be subject to the appeals procedures set forth in EMC § 15.06.070.
I. 
Expiration of Credits. Credits shall expire, and credit certificates shall become null and void, on a date six years from the date of issuance of the original credit certificate by the administrator. Transfer of credits or partial use of credits which may involve reissuance of credit certificates shall in no event extend the expiration date of those credits.
(Ord. 2399 § 2, 2008)
A. 
The impact fee schedules set forth in EMC § 19.24.070 through § 19.24.100 were designed to determine proportionate share in light of:
1. 
Other payments that have been or will be made by the new development for particular public system improvements, including user fees, debt service payments, taxes, or other payments earmarked for or proratable to the particular improvement; and
2. 
Other known or predictable means of funding system improvements, including grants.
B. 
"System improvements" here means those which are included in the capital facilities plan and which are designed to serve the community at large, not just the development project. "Proportionate share" here means that portion of the cost of public facility improvements that are reasonably related to the service demands of a new development.
C. 
Anyone claiming that said impact fee schedules do not accurately reflect the other payments or other known funding described in this section may request an independent fee adjustment.
(Ord. 2399 § 2, 2008)
A. 
The city shall establish separate impact fee accounts for the following: (1) transportation impact fees; and (2) parks impact fees. All impact fee accounts shall be interest bearing accounts.
B. 
The Enumclaw school district and the fire district shall establish an account for impact fees. Within 90 days of receipt, the city shall forward impact fees to the school and fire districts. The impact fee account shall be interest bearing. Each address that has paid an impact fee shall be identified and shall include identification of any expenditures. An annual report shall be submitted on or before March 1st of each year to the council on the impact fee account, showing the source and amount of all moneys collected, earned, or received, and the planned facilities that were financed in whole or in part by impact fees. The districts shall provide the city with an interim financial report whenever an impact fee account is due a refund; this report shall be completed within two weeks of the 10-year anniversary of any impact fee account receipt. The interim report shall include an account history, specifically denote the amount of the refund to which the fee payer is entitled, and include the interest rate structure and interest applicable to the refund. The impact fee accounts shall be subject to the remainder of the applicable provisions of this chapter.
C. 
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 to hold the impact fees beyond the 10-year period. Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered.
(Ord. 2399 § 2, 2008; Ord. 2609 § 1 (Exh. A), 2017)
A. 
Impact fees for system improvements shall be expended only in conformance with the capital facilities plan. Impact fees shall be expended or encumbered for a permissible use within 10 years of collection, unless there exists an extraordinary and compelling reason for fees to be held longer than 10 years. Such extraordinary or compelling reasons shall be identified in written findings by the council.
B. 
Pursuant to this chapter:
1. 
Impact fees collected for public streets and roads, impact fees for publicly owned parks, open space and recreational facilities, impact fees for fire protection facilities and equipment, and impact fees for schools shall be used solely for those respective purposes, and only those that will reasonably benefit the development activity.
2. 
Impact fees shall not be imposed to make up for deficiencies in existing facilities serving existing developments.
3. 
Impact fees shall not be used for maintenance or operation.
C. 
Impact fees may be spent for planned facilities, including but not limited to planning, land acquisition, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to planned facilities, and any other similar expenses which can be capitalized.
D. 
Impact fees may also be used to recoup city improvement costs previously incurred by the city to the extent that new growth and development activity 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 city 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 development activity.
(Ord. 2399 § 2, 2008; Ord. 2609 § 1 (Exh. A), 2017)
A. 
If the city fails to expend or encumber the impact fees within six years of when the impact fees were paid or, where extraordinary or compelling reasons exist, such other time periods as established pursuant to this chapter, the current owner of the property on which impact fees have been paid may receive a refund of such impact 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 or claimant must be the owner of the property.
C. 
Owners seeking a refund of impact fees must submit a written request for a refund of the impact fees to the administrator 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 the appropriate planned facilities.
E. 
Refunds of impact fees under this section shall include interest, the rate of which shall be the average rate received by the city on funds in the impact fee account during the deposit of the impact fees being refunded.
F. 
When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all impact fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year any remaining funds shall be retained by the city, but must be expended for the appropriate planned facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the impact fee account(s) being terminated.
G. 
The city shall also refund to the current owner 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; provided, that if the city has expended or encumbered the impact fees in good faith prior to the application for a refund, the city can decline to provide the refund. If within a period of three years the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the city for an offset. The petitioner must provide proof of payment of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. The administrator shall determine whether to grant an offset. Determinations of the administrator shall be in writing and shall be subject to the appeals procedures set forth in EMC § 15.06.070.
(Ord. 2399 § 2, 2008)
A. 
The impact fees set forth in EMC § 19.24.070 through § 19.24.100 are based upon the data and assumptions set forth therein, and the information and public input provided to the council in considering adoption of this chapter. Except as otherwise provided in EMC § 19.24.110 and § 19.24.130, all development activity in the city will be charged the impact fees set forth in the schedules contained in EMC § 19.24.070 through § 19.24.100.
B. 
The city's cost of administering the impact fee program shall be $35.00 per dwelling unit for single-family residential permits, or $70.00 per multifamily residential permit, or $35.00 per dwelling unit or one percent of the impact fees calculated to be due for nonresidential permits, whichever is greater, per impact fee (e.g., $35.00 or one percent for the fire impact fee, $35.00 for the parks impact fee and $35.00 or one percent for the transportation impact fee), and shall be paid by the applicant to the city as part of the permit application fee.
(Ord. 2399 § 2, 2008)
A. 
The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of permits; provided, that any other such city development regulation which would require the developer to undertake dedication or construction of a facility contained within the county capital facility plan shall be imposed only if the developer is given a credit against impact fees as provided for herein.
B. 
Nothing in this chapter shall preclude the city from requiring the fee payer 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 permit process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with ordinances and with RCW 43.21C.065 and 82.02.100.
(Ord. 2399 § 2, 2008)
All impact fee schedules set forth in EMC § 19.24.070 through § 19.24.100 shall be reviewed by the council in conjunction with the updates of the capital facilities plan element of the city's comprehensive plan to adjust for inflation, or other unanticipated capital facility expenses.
(Ord. 2399 § 2, 2008)