The city council finds and determines that new growth and development, new single-family residential and multifamily development, in the city will create additional demand and need for public parks, recreation facilities and open spaces in the city and finds that new growth and development should pay a proportionate share of the cost of new public parks, recreation facilities and open spaces needed to serve the new growth and development. Therefore, pursuant to Chapters 39.92 and 82.02 RCW, the city council adopts this article to assess park impact fees within the corporate limits of the city of West Richland for public parks, recreation facilities and open space.
(Ord. 19-15 § 1, 2015)
The following words and terms shall have the following meanings 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.
"Act"
means the Growth Management Act, Chapter 36.70A RCW.
"Applicant"
means the owner of real property according to the records of the Benton County assessor's office, or the applicant's authorized agent.
"Building permit"
means the official document or certification that is issued by the building department and that authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, tenant improvement, demolition, moving or repair of a building or structure. As the term relates to park impact fees, "building permit" includes a permit issued for the siting or location of a mobile home.
"Capital facilities"
means the facilities or improvements included in the capital facilities plan.
"Capital facilities plan"
means the capital facilities plan element of the city's comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended.
"Certificate of occupancy"
means the term as defined in the International Building Code. In the case of a change in use or occupancy of an existing building or structure which may not require a building permit, the term shall specifically include certificate of occupancy and for residential development the final inspection, as those permits are defined or required by this code.
"City"
means the city of West Richland, Washington.
"Council"
means the city council of the city of West Richland.
"Department"
means the community development department.
"Director" or "community development director"
means the director of the community development department, or the director's designee.
"Encumbered"
means to reserve, set aside or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities. Impact fees shall be considered encumbered on a first-in, first-out basis.
"Interest"
means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined.
"Level of service"
means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need.
"Low-income housing"
means (1) an owner-occupied housing unit affordable to households whose household income is less than 80 percent of the Benton County median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD), and no more than 30 percent of the household income is paid for housing expenses, or (2) a renter-occupied housing unit affordable to households whose income is less than 60 percent of the Benton County median income, adjusted for household size, as determined by HUD, and no more than 30 percent of the household income is paid for housing expenses (rent and an appropriate utility allowance). In the event that HUD no longer publishes median income figures for Benton County, the city may use or determine such other method as it may choose to determine the Benton County median income, adjusted for household size. The community development director will make a determination of sales prices or rents which meet the affordability requirements of this section. An applicant for a low-income housing exemption may be a public housing agency, a private nonprofit housing developer or a private developer.
"Owner"
means the owner of real property according to the records of the Benton County assessor's office; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.
"Park impact fee"
means a monetary charge imposed on new development for the purpose of mitigating off-site park system impacts that are a direct result of the proposed development.
"Residential"
means housing, such as single-family dwellings, accessory dwelling units, apartments, condominiums, mobile homes and/or manufactured homes, intended for occupancy by one or more persons and not offering other services.
"Services areas"
means the area(s) where the city shall calculate and impose impact fees for various land use categories per unit of development.
(Ord. 19-15 § 1, 2015)
A. 
The city shall collect park impact fees, based on the city's master fee schedule, from any applicant seeking a building permit from the city.
B. 
Park impact fees shall be collected from the applicant prior to issuance of the building permit unless the use of an independent fee calculation has been approved or unless the applicant applies for deferred payment of park impact fees pursuant to WRMC 16.14.095. The park impact fee shall be calculated based on the city's master fee schedule in effect at the time the building permit is issued unless otherwise required pursuant to WRMC 16.14.095.
C. 
The city shall not issue the required building permit unless and until the park impact fee set forth in the city's master fee schedule has been paid.
(Ord. 19-15 § 1, 2015; Ord. 13-16 § 4, 2016)
An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final inspection the payment of park impact fee for a residential development unit, multifamily development, or any other type of residential development. The following shall apply to any request to defer payment of park impact fee:
A. 
The applicant shall submit to the city a written request to defer the payment of park impact fee for a specifically identified building permit. The applicant's request shall identify, as applicable, the applicant's corporate identity and contractor registration number, the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur, the legal description of the property upon which the development activity allowed by the building permit is to occur, the tax parcel identification number of the property upon which the development activity allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur. All applications shall be accompanied by a nonrefundable administrative fee as set forth by the city council in the master fee schedule.
B. 
The park impact fee amount due under any request to defer payment of said impact fee shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection A of this section.
C. 
Prior to the issuance of a building permit that is the subject of a request for a deferred payment of park impact fee, all applicants and/or legal owners of the property upon which the development activity allowed by the building permit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The deferred impact fee payment lien shall be recorded against the property subject to the building permit and be granted in favor of the city in the amount of the deferred park impact fee. Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building permit. The applicant must record the deferred impact fee payment lien with the Benton County auditor's office and is responsible for any fees associated with the recording of the lien and for complying with the requirements of the Benton County auditor's office.
D. 
The city shall not conduct a final inspection and/or issue temporary certificates of occupancy until the park impact fee identified in the deferred impact fee payment lien is paid in full.
E. 
In no case shall payment of the park impact fee be deferred for a period of more than 18 months from the date of building permit issuance.
F. 
Upon receipt of final payment of the deferred impact fee as identified in the deferred impact fee payment lien, the city shall execute a release of lien for the property. The property owner may, at his or her own expense, record the lien release with the Benton County auditor's office.
G. 
In the event that the deferred impact fee is not paid within the time provided in this section, the city shall institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW.
(Ord. 13-16 § 1, 2016)
The city establishes a single service area, which is all the incorporated land within the city.
The city shall collect park impact fees, based on the following schedule, not including adjustment made based on the increases made from the consumer price index annual adjustments, see WRMC 16.14.105. The current impact fee based on the year will be found in the master fee schedule.
A. 
Single-family residential development including duplexes and accessory dwelling units shall be set forth by the city council in the master fee schedule.
B. 
Multifamily residential developments including but not limited to apartments, condominiums, and townhouses shall be set forth by the city council in the master fee schedule, based on the developer meeting the requirements of WRMC 17.54.190.
(Ord. 19-15 § 1, 2015; Ord. 27-15 § 3, 2015)
Beginning on January 1, 2017, and each successive January 1st thereafter, the park impact fee shall automatically be adjusted to account for any increase in the consumer price index (CPI) as established by the U.S. Department of Commerce for the Seattle Metropolitan Area. The 12-month period utilized to establish the fee schedule adjustment will be as established by the U.S. Department of Commerce for the Seattle CPI. Adjustment to the park impact fee schedule may be rounded to the nearest $5.00 increment. This section shall not preclude the city from modifying the park impact fee schedule where the city council finds it necessary to do so.
(Ord. 19-15 § 1, 2015)
The following building permit applications shall be exempt from the park impact fees adopted by this article:
A. 
Replacement of a structure with a new structure of the same use at the same site or lot when such replacement occurs within 12 consecutive months of the demolition or destruction of the prior structure.
B. 
Replacement, alteration, expansion, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed.
C. 
Miscellaneous improvements, including but not limited to fences, walls, swimming pools, mechanical units, and signs.
D. 
Construction of Low-Income Housing. Any claim for an exemption must be made before issuance of a building permit. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the property guaranteeing that the low-income housing will continue. Before approval of the exemption, the city shall approve the form of the lien and covenant. Within 10 days of approval, the applicant shall execute and record the approved lien and covenant with the Benton County department of records and elections. The lien and covenant shall run with the land. In the event that the housing unit is no longer used for low-income housing, the current owner shall pay the current park impact fee.
E. 
Construction of Senior Retirement Housing Center. Any claim for an exemption must be made before issuance of a building permit. Any claim not so made shall be deemed waived. The claim for exemption must be accompanied by a draft lien and covenant against the property guaranteeing that the senior retirement housing will continue. Before approval of the exemption, the city shall approve the form of the lien and covenant. Within 10 days of approval, the applicant shall execute and record the approved lien and covenant with the Benton County department of records and elections. The lien and covenant shall run with the land. In the event that the housing unit is no longer used for senior retirement housing, the current owner shall pay the current park impact fee.
(Ord. 19-15 § 1, 2015)
A. 
An applicant may request a credit or credits for the value of dedicated land and/or improvements to the city's public parks, recreation facilities or open spaces that are included within the city's general park plan or park and recreation element of the capital facilities plan if the public works director makes the finding that such land dedication, recreation facility and/or improvements to the city's public parks, recreation facilities or open spaces would serve the goals and objectives of the city's general park plan or park and recreation element of the capital facilities plan.
B. 
Each request for a credit or credits shall include a legal description of land dedicated, a detailed description of improvements, and a legal description or other adequate description of the development to which the credit will be applied.
C. 
The value of the credit or credits shall be determined by the public works director and be based on the estimated cost of the improvements, or, in the case of dedicated land, the land value assessment shall be prepared by a state-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute, establishing the fair market value of the dedicated land. The applicant shall pay the cost of the appraisal.
D. 
After the public works director has determined the amount of the credit, the director shall draft a park impact fee mitigation agreement which includes a statement setting forth the dollar amount of the credit, the basis for the credit, where applicable, the description of the land dedicated or improvements made to which the credit is applied and the date of the determination for review by the park board and formal approval by the city council.
E. 
Any claim for credit must be made prior to the dedication of land or construction of improvements to the city's park system and prior to final plat or issuance of a certificate of occupancy. Any claim not so made shall be deemed waived.
(Ord. 19-15 § 1, 2015; Ord. 29-15 § 1, 2015)
A. 
Park impact fees collected pursuant to this article shall be earmarked specifically and deposited in the special interest-bearing account per Chapter 3.54 WRMC, Park Fund, and shall be prudently invested in a manner consistent with the investment policies of the city. Funds withdrawn from this account shall be used in accordance with the provisions of Chapter 3.54 WRMC, Park Fund. Interest earned on park impact fees shall be retained in the account and expended for the purpose for which the park impact fees were collected.
B. 
On an annual basis, the finance director shall provide a report to the city council on the park fund showing the source and amount of all moneys collected, earned, or received, and system improvements and/or land acquisitions that were financed in whole or in part by park impact fees.
C. 
Park impact fees shall be expended or encumbered within 10 years of receipt.
(Ord. 19-15 § 1, 2015)
A. 
If the city fails to expend or encumber the park impact fees within 10 years of collection, the current owner of the property for which park impact fees have been paid shall receive a refund of said fee. In determining whether park impact fees have been expended or encumbered, park 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.
C. 
Property owners seeking a refund of park impact fees must submit a written request for a refund of the fees to the city clerk 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 park impact fees for which no application for a refund has been made within the one-year period shall be retained by the city and deposited into the city's general fund.
E. 
Refunds of park impact fees under this article shall include any interest earned on the park impact fees by the city.
F. 
If the city terminates the park impact fee program, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this article. The city shall publish notice of the 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 to the last known address of the claimants. All funds available for refund shall be retained for a period of one year after the date of the second publication. At the end of one year, any remaining funds shall be retained by the city and deposited into the city's general fund. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the fund.
(Ord. 19-15 § 1, 2015)
Nothing in this article shall preclude the city from requiring the applicant for a final plat, short plat, building permit, or certificate of occupancy, if no building permit is required, 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).
(Ord. 19-15 § 1, 2015)