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.
"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 the 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.
"City attorney"means the person who exercises the authority of WRMC 16.14.300, Appeals.
"Council"means the city council of the city of West Richland.
"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.
"Independent fee calculation"means the study or data submitted by an applicant to support the assessment of an impact fee other than the fee in the schedule attached as Appendix A to the ordinance codified in this article.
"Interest"means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined.
"Interlocal agreement" or "agreement"means a roads interlocal agreement, authorized in this article, by and between the city and other government agencies concerning the collection and expenditure of impact fees, or any other interlocal agreement entered by and between the city and another municipality, public agency or governmental body to implement the provisions of this article.
"Low-income housing"means (A) 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 (B) 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 public works 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.
"Plan area"means the corporate limits of the city of West Richland including any future annexations.
"Prior use"means the use with the highest impact fee per unit since January 20, 2004, based on the schedule in Appendix A.
"Project improvements"means site improvements and facilities that are planned and designed to provide service for a particular development or users of a project, and are not system improvements. No improvement or facility included in the capital facilities plan shall be considered a project improvement.
"Public transportation facilities"means the transportation system including public streets, traffic signals, bridges and roads of the city or other governmental entities.
"Rate study"means the City of West Richland "Transportation Impact Fee Update" Study, completed by HDR, Inc., dated March 4, 2004.
"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.
"Road"means a right-of-way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other thoroughfare, except an alley.
"Square footage"means the square footage of the gross floor area of the development (building).
"System improvements"means public facilities included in the capital facilities plan and designed to provide service to service areas within the community at large, in contrast to project-specific improvements.
"Transportation impact fee"means a monetary charge imposed on new development for the purpose of mitigating off-site transportation impacts that are a direct result of the proposed development.
(Ord. 2-10 § 2, 2010; Ord. 9-11 § 1, 2011)