The ordinance codified in this chapter shall be known and cited as the "Ridgefield Impact Fee Ordinance."

(Ord. 678 § 1, 1995).

This chapter is enacted pursuant to Chapter 18, Laws of 1990, 1st Ex. Sess. or any successor state statute.

It is the purpose of this chapter to:

A.

Ensure that adequate facilities are available to serve new growth and development;

B.

Promote orderly growth and development by requiring that development pay a proportionate share of the cost of new facilities needed to serve growth; and

C.

Ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicate fees for the same impact.

(Ord. 678 § 2, 1995).

The Ridgefield city council finds and declares that:

A.

New residential and nonresidential development causes increased demands on city public facilities, including streets, parks and school facilities;

B.

Projections indicate that such development will continue and will place ever-increasing demands on the city to provide necessary public facilities;

C.

To the extent that new development places demands on the public facilities, those demands should be partially satisfied by shifting a proportionate share of the responsibility for financing the provisions of such new facilities from the public at large to the developments actually creating the demands; and

D.

The imposition of impact fees upon residential and nonresidential development in order to finance specified public facilities, the demand for which is created by such development, is in the best interest of the general welfare of the city and its residents, is equitable, and does not impose an unfair burden on such development by requiring new development to pay more than its fair or proportionate share of the cost, and is reasonably necessary in order to provide the necessary public facility infrastructure to serve new development as planned for in the Ridgefield Urban Area Comprehensive Plan (RUACP).

(Ord. 678 § 3, 1995).

The city has authorized the use of impact fees for allowable public purposes by adoption of the RUACP and CFP. The CFP identifies each of the city's major capital facilities and services; establishes levels of service (LOS) standards for each capital facility; and identifies specific capital facilities construction or enhancement projects for which impact fees may be used. Those capital facilities projects identified in the current and amended Ridgefield CFP and Ridgefield School District No. 122 Capital Facilities Plan may be fulfilled by use of impact fees authorized in this chapter. The city has approved the 1995 Ridgefield School District Capital Facilities Plan and incorporates it fully by reference into the RUACP.

(Ord. 678 § 4, 1995).

As used in this chapter:

"City" means the city council of Ridgefield, Washington. See Section 18.104.152.

"Building permit" means the permit required for mobile home placement and new construction and additions pursuant to Title 14, Title 18 or Title 18 of the Ridgefield Municipal Code. The term "building permit" as used in this chapter, shall not be deemed to include:

1.

Permits required for the remodeling, rehabilitation or other improvements to an existing structure; provided, that there is no increase in the applicable unit of measure (for nonresidential construction) or number of dwelling units (for residential construction) resulting therefrom; and

2.

Permits required for temporary dwellings.

"Capital facilities plan" means Volume 2 of the Ridgefield Urban Area Comprehensive Plan (RUACP), as amended.

"Development" means any subdivision or short platting of the land, including division of land into five acre lots, the construction or reconstruction of residential, commercial, industrial, public or any other building or building space, or the change in use of a building or land if approval thereof is required pursuant to Ridgefield Municipal Code Title 14 or Title 18. This may include the expansion of existing uses which creates a demand for additional public facilities.

"Development approval authority" means the city official or tribunal having statutory or code authority to approve a development.

"Feepayer" is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a land development activity which creates the demand for additional capital facilities, and which requires the issuance of a building permit. "Fee payer" includes an applicant for an impact fee credit.

"Impact fee" means the fee levied pursuant to this chapter as a condition of issuance of a building permit or development approval.

"Low-income housing" means a single family or multifamily rental housing development, the construction of which is either undertaken by a housing authority operating pursuant to RCW Chapter 35.82 or financially assisted pursuant to a federal, state, or local governmental low-income housing program; provided, that the term shall apply only to the number of units within such housing development as are required to be rented to low-income tenants.

"Project improvement" means site improvement and facilities that are planned and designed to provide service for a particular development project and 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 the capital facilities plan shall be considered a project improvement.

"Public facilities" means the following capital facilities owned or operated by government entities:

1.

Public streets and roads;

2.

Parks, open space and recreation facilities; and

3.

School facilities.

"Service area" means a geographic area described in the city capital facilities plan in which a defined set of public facilities provides service to development within the area. Service areas may be separately described in the Ridgefield Capital Facilities Plan for each type of public facility.

"System improvements" means public facilities that are included in the capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements.

(Ord. 678 § 5, 1995).

This chapter shall be uniformly applicable to development that occurs within the city limits or within a designated service area.

(Ord. 678 § 6, 1995).

A.

No building permit shall be issued for a development in a designated service area as defined in Section 18.070.070 unless the impact fee is calculated and imposed pursuant to this chapter.

B.

For single-family residential subdivisions and short subdivisions hereinafter approved, the per lot impact fee shall be calculated at the time of preliminary plat or short plat approval, noted in the face of the final plat, and imposed on a per lot basis at the time of final inspection of the building for which the permit was issued For new multifamily and nonresidential development hereafter approved, the impact fee shall be calculated at the time of site plan approval unless deferred to building permit application, because the nature of the development is then not sufficiently defined to permit such calculation, and the impact fee shall be imposed at the time of final inspection of the building for which the permit was issued. Notwithstanding the foregoing, the fee shall be recalculated for building permit applications filed more than three years following the date of the applicable preliminary plat, preliminary short plat, or site plan approval.

C.

For development not necessitating or having been previously granted preliminary plat, preliminary short plat or site plan approval, the im-pact fee shall be calculated and imposed at the time of final inspection of the building for which the permit was issued.

D.

For development not necessitating a building permit, the impact fee shall be calculated and imposed at the time of site plan approval.

E.

For mobile home parks, the impact fee shall be calculated and imposed at the time of site plan approval.

F.

The school impact fee shall be calculated upon application of the formula set out in Section 18.070.100 based on information contained in the Ridgefield School District No. 122 Capital Facilities Plan, unless otherwise established by the city council. Such fee is set forth in the Ridgefield Master Fee Schedule.

(Ord. 678 § 7, 1995).

(Ord. No. 1215, 8-11-2016; Ord. No. 1286, § 2, 1-24-2019; Ord. No. 1307, § 3, 12-19-2019; Ord. No. 1387, § 2(Exh. A), 12-15-2022)

Service areas may vary by type of public facility and, when established, are shown on the RUACP, the Ridgefield Capital Facility Plan or Map, or the Ridgefield School District No. 122 Capital Facilities Plan.

A.

Service areas provide a nexus between those paying the fees and receiving the benefits and ensure that those developments paying impact fees receive substantial benefits.

B.

Overlay service areas may be established for identified system improvements designed to serve geographic areas whose boundaries are not generally contiguous with established service areas.

C.

Additional or revised service areas may be designated by the city council through amendment to the facilities plan upon consideration of the following factors:

1.

The RUACP;

2.

Standards for adequate public facilities incorporated in the capital facilities plan;

3.

The projections for full development as permitted by land use ordinances and timing of development;

4.

The need for and cost of unprogrammed capital improvements necessary to support projected development; and

5.

Such other factors as the council may deem relevant.

(Ord. 678 § 8, 1995).

The impact fee component for streets and roads shall be calculated using the following formula:

TIF = F × T × I - A

A.

"TIF" means the transportation impact component of the total development impact fee.

B.

"F" means the transportation impact fee rate per trip in dollar amounts, for each service area. Such rate shall be established in transportation traffic impact fee project list by estimating the cost of anticipated growth-related roadway projects divided by the projected number of growth-related trips within a service area. The transportation traffic impact fee project list shall be established by the city council from projects set forth in the city's adopted capital facilities plan.

C.

"T" means the trips generated by a proposed development and calculated by selecting the appropriate land use from the TIF Lookup Table as set forth in the city's most current adopted engineering standards; the land use code from the latest version of the Institute for Transportation Engineers (ITE) Trip Generation Manual; or an approved project-specific traffic transportation impact study prepared by a licensed traffic engineer and approved by the city engineer. In the absence of a land use designation precisely fitting the development proposal, the planning director or designee shall select the most similar designation and may make appropriate adjustments to the trip equation applicable thereto.

D.

"A" means an adjustment for the developer's contributions to the transportation system in the form of easements, dedications or payments in lieu of fees as approved by the planning director.

E.

"I" means an annual inflation adjustment. Transportation impact fee rates shall be updated annually using the following procedures:

1.

The planning director shall calculate annual inflation adjustments in the impact fee rates. The impact fees shall not be adjusted for inflation should the index remain unchanged.

2.

The annual inflation adjustment shall be equal to the West Region Consumer Price Index (CPI-U) or Construction Cost Index annual change calculated after the first half of the year.

3.

The indexed impact fee rates shall be calculated January 1, or as soon thereafter as the latest index information is available, and shall become effective immediately thereafter. A copy of the indexed impact fee rates shall be provided to the city council but the indexed rates shall become effective without further council review, except for subsection (4).

4.

The impact fee rates may only be increased three consecutive years without further council review. In the event that the indexed impact fee rates would rise for a fourth consecutive year if the index were applied, city council shall review the proposed increase during a public hearing at a regularly scheduled meeting to establish a new impact fee rate.

(Ord. 678 § 9, 1995).

(Ord. No. 1207, § 2(Exh. A), 5-26-2016; Ord. No. 1266, § 2(Exh. A), 9-13-2018; Ord. No. 1310, § 2, 2-13-2020; Ord. No. 1454 meeting, § 8, 6-23-2025)

The impact fee component for parks, open space and recreational facilities shall be calculated using the following formula:

PIF = F × I × U - A

A.

"PIF" means the park, open space and recreational facility component of the total development impact fee.

B.

"F" means the park impact fee rate per dwelling unit in dollar amounts. Such rate shall be established in the capital facilities plan by estimating the cost of anticipated growth-related parks, trails, and open space facilities divided by the projected number of new residents and dwelling units.

C.

"I" means an annual inflation adjustment. Park impact fee rates shall be updated annually using the following procedures:

1.

The planning director shall calculate annual inflation adjustments in the impact fee rates. The impact fees shall not be adjusted for inflation should the index remain unchanged.

2.

The annual inflation adjustment shall be equal to the West Region Consumer Price Index (CPI-U) annual change calculated after the first half of the year.

3.

The indexed impact fee rates shall be calculated January 1, or as soon thereafter as the latest West Region CPI-U index information is available, and shall become effective immediately thereafter. A copy of the indexed impact fee rates shall be provided to the city council but the indexed rates shall become effective without further council review, except for subsection (4).

4.

The impact fee rates may only be increased three consecutive years without further council review. In the event that the indexed impact fee rates would rise for a fourth consecutive year if the index were applied, city council shall review the proposed increase during a public hearing at a regularly scheduled meeting to establish a new impact fee rate.

D.

"U" means the number of dwelling units.

E.

"A" means an adjustment for the developer's contributions to the parks, trails and open space system in the form of easements, dedications or payments in lieu of fees as approved by the planning director.

(Ord. 678 § 10, 1995).

(Ord. No. 1179, § 2(Exh. A), 2-26-2015; Ord. No. 1207, § 2(Exh. A), 5-26-2016; Ord. No. 1266, § 2(Exh. A), 9-13-2018)

The school impact fee shall be calculated using the following formula:

SIF = C(SF) - (SM) - (TC) - (FC) × A

A.

"SIF" means the school component of the total development impact fee.

B.

"C" means the cost of the improvements for each type of facility listed in the Capital Facilities Plan of the Ridgefield School District No. 122 needed to accommodate growth divided by the capacity of the improvement. Type of facility means elementary school, middle school and high school.

C.

"SF" means student factor. The student factor is the number of students typically generated from one residential unit for each type of school facility. The student factor shall be determined by the school district based on local data or state-wide averages.

D.

"SM" means state match. State match is that amount received from the state of Washington towards school construction costs. The state match component of the formula is that amount representing the per student amount of the state matching funds. This is calculated for each type of facility as: student factor x Boeckh construction index (cost per square foot) x SPI square foot standard x state match percentage.

E.

"TC" means tax credit. This is calculated as:

(1 + i)¹⁰-1 × average assessed value for the
dwelling unit

i(1 + i)¹⁰ × current school district capital
property tax levy rate

 where i = the current interest rate as stated in the Bond Buyer Twenty Bond General Obligation Bond index.

F.

"FC" means facilities credit. This is the value of any improvements listed in the Capital Facilities Plan of the Ridgefield School District No. 122 provided by the developer.

G.

"A" means an adjustment for the portion of anticipated additional tax revenues, resulting from a development that is proratable to system improvements contained in the capital facilities plan. The adjustment for school impacts is determined to be a minimum of eighty-five percent.

School impact fee rates shall be updated annually following adoption of a School Capital Facilities Plan using the following procedures:

1.

The planning director shall calculate annual inflation adjustments in the impact fee rates. The impact fees shall not be adjusted for inflation should the index remain unchanged.

2.

The annual inflation adjustment shall be equal to the Rider Levett Bucknall Construction Cost Index annual change calculated after the first half of the year.

3.

The indexed impact fee rates shall be calculated January 1, or as soon thereafter as the latest index information is available, and shall become effective immediately thereafter. A copy of the indexed impact fee rates shall be provided to the city council but the indexed rates shall become effective without further council review, except for subsection (4).

4.

The impact fee rates may only be increased three consecutive years without further council review. In the event that the indexed impact fee rates would rise for a fourth consecutive year if the index were applied, city council shall review the proposed increase during a public hearing at a regularly scheduled meeting to establish a new impact fee rate.

(Ord. 678 § 11, 1995).

(Ord. No. 1203, 2-25-2016; Ord. No. 1387, § 2(Exh. A), 12-15-2022)

Editor's note— Ord. No. 1215, § 1, adopted Aug. 11, 2016, repealed § 18.070.110, which pertained to impact fee revision and derived from Ord. 678, § 12, adopted in 1995; Ord. 906, § 2, adopted in 2006; Ord. 946, § 2, adopted in 2007; Ord. 1015, § 2, adopted in 2008; and Ord. No. 1090, § 2, adopted Nov. 17, 2011.

The planning director shall maintain and update as necessary a schedule of current impact fee rates.

(Ord. 678 § 13, 1995).

A.

The impact fee for a nonresidential development shall be computed by applying the traffic impact fee formula set out in Section 18.070.080. The impact fee for a residential development shall be computed by applying the traffic impact fee, park impact fee, and school impact fee formulae set out in Sections 18.070.080, 18.070.090 and 18.070.100 combining the results.

B.

If the development for which approval is sought contains a mix of uses, the impact fee must be separately calculated for each type of use.

C.

The development approval authority setting the impact fee upon application by the development supported by studies and date may reduce or eliminate such fee if it is shown that:

1.

The formulae contained in Sections 18.070.080, 18.070.090 and/or 18.070.100 do not accurately reflect traffic, park or drainage school impact; or

2.

Due to unusual circumstances:

a.

Facility improvements identified for the applicable service area are not reasonably related to the proposed development, or

b.

Such facility improvements will not reasonably benefit the proposed development, or

c.

The current development proposal implements a concomitant rezone agreement or other development approval pursuant to which public facilities were dedicated or constructed prior to January 26, 1995, which are of benefit to the community at large and which otherwise would likely have been designated as system improvements;

3.

The city shall not grant a reduction to or eliminate impact fees for schools solely on the basis that the current or prospective occupant of a development does not or will not have school-aged children.

D.

Prior to making an application for a building permit or site plan approval, an applicant, may request an estimated impact fee determination from the planning director, which determination shall be based upon information supplied by the applicant sufficient to permit calculation of the impact fee. The estimated impact fee determination shall not be binding upon the city.

(Ord. 678 § 14, 1995).

The impact fee imposed under this chapter shall be due and payable at the time of issuance of a building permit (or on-site plan approval when no building permit is required) for the development.

(Ord. 678 § 15, 1995).

A.

The city council may grant an impact fee exemption to low-income housing, as defined in Section 18.070.040 of this chapter; provided, any exemption shall be paid into the impact fee fund established under Section 18.070.180 by the city out of general funds.

B.

The city may grant a total or partial exemption from impact fees for housing developments not qualifying as low-income housing as defined in Section 18.070.040 of this chapter, but to be owned and occupied by, or leased to, low-income persons; provided, any such exemption shall be subject to:

1.

Provision being made for payment of the impact fee from public funds other than impact fee accounts;

2.

Adequate documentation that the housing meets appropriate standards regarding household income, rent levels, sales price, location and number of units;

3.

In the case of rental dwellings, adequate documentation that such housing will remain exclusively available to low-income households at affordable rents for a minimum period of fifteen years;

4.

In the case of owner-occupied dwellings, adequate documentation that such housing will only be sold or leased at affordable rents to another low-income household for a minimum period of ten years; and

5.

Adequate documentation that in the event that use of the property during the prescribed period is no longer for low-income housing, the owner shall pay the impact fee plus interest from which the owner or any prior owner was exempt.

C.

The city council may grant a partial or full transportation impact fee exemption for development projects created within a neighborhood commercial zone (CNB); provided, any exemption shall be paid into the impact fee fund established under Section 18.070.180 of this chapter by the city out of general funds or other lawful sources of funding.

D.

The impact fee for an exempt development shall be calculated as provided for in this chapter and paid with public funds. Such payment may be made by including such amount(s) in the public share of system improvements undertaken within the applicable service area.

(Ord. 862 § 4, 2004: Ord. 678 § 16, 1995).

(Ord. No. 1178, § 2(Exh. A), 2-12-2015; Ord. No. 1460 meeting, § 2(Att.), 11-6-2025)

A.

Upon city approval of an application therefore, the developer shall be entitled to a credit against the applicable impact fee component for any dedication of land for, improvement to, or new construction of any system improvements provided by the developer (or the developer's predecessor in interest), to facilities that are/were identified in the CFP or the Ridgefield School District No. 122 Capital Facilities Plan and that either (a) are required by the city as a condition of approval for the immediate development proposal, or (b) were undertaken subsequent to January 26, 1995, pursuant to a contract with the city or a condition of development approval if such prior dedication, improvement or construction is located within the same service area as the immediate development proposal and application for credit recognition is submitted no later than January 1, 1996.

B.

If, in any of the cases in subsection (A) of this section, the land dedicated or facility constructed is allocated partly toward system improvements and partly toward project improvements, the credit shall be limited to that portion allocated to system improvements.

C.

Additionally, the developer may, upon an application therefore, be issued a credit against the impact fee in an amount up to ten percent of the traffic component thereof for the value of mass transit facilities that are approved by the city and made a condition of approval for the development.

D.

The amount of the credit shall be determined by the planning director or designee as set forth herein, based upon appraised property value at the time of dedication and actual and reasonable construction costs of any system improvement. The feepayer shall be responsible for supplying, with the application materials, an independent appraisal based upon objective standards which indicates the fair market value of dedicated land, improvements and/or improvements and/or facilities.

E.

Credit Determination—Timing. The amount of credit shall be determined by the administrator prior to recording of a final plat for subdivision, recording of a short plat, issuance of a building permit, or upon site plan approval, whichever occurs first.

F.

In the event the amount of the credit is calculated to be greater than the amount of the impact fee due, the developer may apply such excess credit toward impact fees imposed on other developments within the same service area in accordance with this section.

G.

Credit Certificates—Administration. After determining the amount of the credit, the plan-ning director 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 for which was the basis 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 planning director 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 shall nullify the credit. The original credit certificate shall be kept registered in the city's records, and the credit holder shall be provided a duplicate copy. The planning director shall develop reasonable rules and regulations for the administration of the credit certificate program, including the calculation of credits, procedures for use of credits and application of credits to particular parcels of land which may be by recorded document, and the ability to levy an administrative fee in an amount sufficient to cover actual costs to the city.

H.

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 to the developer for any development activity that will be required to pay impact fees. The administration and application of the credit certificates will be as described in this section. The application of any credit certificate will be specific to the type of facility. Traffic impact fee credits may only be used for traffic impact fees, and park impact fee credits may only be used for park impact fees.

I.

Transfer of Credit—Partial Use of Credit. Credit certificates for credits surplus to the applicant's development 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 planning director. Only the credit holder who is reflected on the city's registration system pursuant to the city's registration system may utilize the credit. Credits must be used within the same service area. 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 planning director 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.

J.

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 building permit or other development approval 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.

K.

Expiration of Credits. Credits shall expire, and credit certificates shall become null and void, on a date ten years from the date of issuance of the original credit certificate by the planning director. 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.

L.

Appeals. Determinations made by the planning director pursuant to this section shall be subject to the appeals procedures set forth in RMC 18.310.100.

(Ord. 678 § 17, 1995).

(Ord. No. 1193, § 2, 8-27-2015; Ord. No. 1207, § 2(Exh. A), 5-26-2016)

The determination of the development approval authority as to the applicability and amount of any credit against an impact fee shall be appealable as provided for in this section.

A.

Any feepayer may pay an impact fee imposed by this title under protest in order to obtain a building permit. No appeal shall be permitted unless and until impacts fees at issue have been paid.

B.

Impact fees set pursuant to residential subdivision, residential short subdivision, planned unit development (PUD) or site plan approval shall be filed in conjunction with, and within the limitation applicable to, the available administrative appeal from such approval.

C.

In the case of impact fees first imposed or recalculated or credits determined in conjunction with a building permit not involving subdivision, short subdivision, PUD or site plan approval, the appeal shall be filed within fifteen calendar days of the issuance of the determination of the impact fee or credit, and shall be heard and decided by the Ridgefield hearing examiner.

(Ord. 802 § 1, 2002: Ord. 678 § 18, 1995).

There is created and established a special purpose, nonlapse impact fee fund. The city treasurer shall establish separate accounts within such fund and maintain records for each such account whereby impact fees collected can be segregated by type of facility and by service area.

A.

All interest shall be retained in the account and expended for the purpose for which the impact fees were imposed.

B.

By April of each year, the city treasurer shall provide a report for the previous calendar year on each impact fee account showing the source and amount of moneys collected, earned or received and system improvements that were financed in whole or part by impact fees.

(Ord. 678 § 19, 1995).

The mayor or his/her designee, subject to review by the city attorney, shall negotiate an interlocal governmental agreement with Clark County, the purpose of which is to govern the collection, management and distribution of impact fees within the Ridgefield urban growth area. Such agreement shall be ratified by a vote of the city council prior to becoming effective. The city and school district shall enter into an interlocal agreement for the collection, distribution and expenditure of school impact fees.

(Ord. 678 § 20, 1995).

A.

Impact fees for system improvements shall be expended only in conformance with the CFP or the Ridgefield School District No. 12 Capital Facilities Plan. Impact fees shall not be used to make up for deficiencies in facilities serving existing developments, nor shall they be used for facility maintenance or operation.

B.

Impact fees may be spent for public improvements, including but not limited to public facilities planning, land acquisition, site improvements, necessary off-site improvements, portables, construction, engineering, architectural, permitting, financing and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to a capital facility identified in the CFP and any other expenses which may be capitalized.

C.

Impact fees may be used to recoup public improvement costs previously incurred by the city or

school district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.

D.

In the event that bonds or similar debt instruments are or have been issued for the advanced provision or public improvements for which impact fees may be expended, impact fees may be used to pay for the principal on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of the title and are used to serve the new development.

E.

Impact fees shall be expended or encumbered for a permissible use within six years of receipt, unless there exists an extraordinary and compelling reason for fees to be held longer than six years. Such extraordinary or compelling reasons shall be identified in written findings by the city council.

(Ord. 678 § 21, 1995).

A.

The current owner of property on which an impact fee has been paid may receive a refund of such fee if the city fails to expend or encumber the impact fees within ten years of when the fees were paid, or such other period of time established pursuant to Section 18.070.190, on public facilities intended to benefit the development activity for which the impact fees were paid. The current owner likewise may receive a proportionate refund where the public funding of applicable service area projects by the end of such ten-year period has been insufficient to satisfy the ratio of public-to-private funding for such service area as established in the capital facilities plan. The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of claimants.

B.

The request for refund money must be submitted to the city council in writing, within one year of the date the right to claim the refund arises, or the date the notice is given, whichever is later. Any impact fees that are not expended within these time limitations, and for which no application for refund has been made within this one year period, shall be retained and expended on the indicated capital facilities. Refunds of impact fees under this subsection shall include interest earned on the impact fees.

C.

A developer may request and shall receive a refund, including interest earned on the impact fees, when the building permit for which the impact fee has been paid has lapsed for non-commencement of construction. A partial refund shall be provided where the project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due.

(Ord. 678 § 22, 1995).

(Ord. No. 1193, § 3, 8-27-2015)

The impact fee is additional and supplemental to, and not in substitution of, any requirements imposed by the city on the development of land or the issuance of building permits; provided, that any other such city development regulation which would require the developer to undertake dedication or construction of a facility plan shall be imposed only if the developer is given a credit against impact fees as provided for in Section 18.070.160.

(Ord. 678 § 23, 1995).