1. The City hereby adopts by reference the design standards and specifications set forth in the document entitled “City of Sammamish 2016 Public Works Standards” as now or hereafter amended as the public works standards for the City, which includes but is not limited to transportation standards and street standards. Pursuant to RCW 35A.13.180, a copy of the most current City of Sammamish public works standards is available on the City’s website at www.sammamish.us.

2. The public works director is hereby authorized to administratively interpret and apply the standards in a manner consistent with their terms in order to better implement the standards or allow for changes in street design and construction technology and methods.

1. In accordance with RCW 36.70A.0706.b., the City must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards defined in SMC 21.08.020.E, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of the City’s concurrency requirement, “concurrent with the development” shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

2. The City shall not issue a development permit until:

1. Each applicant requesting a Comprehensive Plan site-specific land use map amendment or zone reclassification, except as provided in SMC 21.08.020.C.1, shall elect one of the following options:

2. Each applicant for a planned action, subdivision (including a preliminary plat, short plat, or binding site plan and revisions or alterations which increase the number of dwelling units or trip generation), mobile home park, unified zone development plan, conditional use permit, or site development permit shall apply for a certificate of concurrency, unless a certificate has been issued for the same parcel in conjunction with a Comprehensive Plan site-specific land use map amendment or zone reclassification, or except as provided in SMC 21.08.020.C.1.

3. Each applicant for a building permit or certificate of occupancy for a change in use shall apply for a certificate of concurrency, unless a certificate has been issued for the same parcel in conjunction with subsection 1. or 2. of this section, or except as provided in SMC 21.08.020.C.1.

4. Each applicant filing under subsections 1. and 2. of this section shall contact the department to schedule a preapplication conference as defined in SMC 21.08.080 and SMC 21.09.010.C, that shall be held prior to filing an application for a certificate of concurrency. The director may waive the requirement for a preapplication conference if it is determined to be unnecessary for review of an application.

5. Applicants for a certificate of concurrency may designate the density and intensity of development to be tested for concurrency, provided such density and intensity shall not exceed the maximum allowed for the parcel. If the applicant designates the density and intensity of development, the concurrency test will be based on and applicable to only the applicant’s designated density and intensity. If the applicant does not designate density and intensity, the concurrency test will be based on the maximum allowable density and intensity.

1. The following developments are exempt from this chapter, and applicants may submit applications, obtain development permits and commence development without a certificate of concurrency:

1. The City shall perform a concurrency test for each application for a certificate of concurrency. The public works director, or his/her designee, shall use the following methods to conduct the concurrency test:

2. If the impact of the development does not cause the level of service to decline below the standards set forth in SMC 21.08.020.E, the concurrency test is passed, and the applicant shall receive a certificate of concurrency.

3. If the impact of the development will cause the level of service to decline below the standards set forth in SMC 21.08.020.E, the concurrency test is not passed, and the applicant may select one of the following options:

4. The City shall conduct the concurrency test, as needed, in the order that completed applications are received and proposed trip generation estimates are approved by the City.

5. A concurrency test, and any resulting certificate of concurrency, shall be administrative actions of the City that are categorically exempt from the State Environmental Policy Act.

1. In conducting the concurrency test in accord with this chapter, the intersection LOS standards adopted in the Transportation Element of the Comprehensive Plan are LOS D for intersections that include principal arterials and LOS C for intersections that include minor arterials or collector arterials. The LOS for intersections with principal arterials may be reduced to E for intersections that require more than three approach lanes in any direction. The intersection standards shall be applied to both the morning and afternoon peak hours. The LOS standard for the higher road classification shall be the standard applied.

3. In conducting the concurrency test in accord with this chapter, the City shall apply the level of service standards for the concurrency intersections as designated in subsection 1. of this section. If any intersection operates at or better than the level of service standards, the concurrency certificate shall be granted. If any concurrency intersection operates worse than the level of service standards, the concurrency certificate will be denied, or the applicant may select one of the options described in SMC 21.08.020.D.3.

4. In conducting the concurrency test, the City shall find that the impact of development occurs, and therefore the level of service standards for intersections, corridors and segments shall be achieved and maintained, no later than six years from the date of the development.

5. In the event that the applicant is required to construct a public facility, the development cannot be occupied until the public facility is completed, or the applicant provides the City with a performance bond that is acceptable to the City.

6. The City shall determine which additional public facilities are needed to be included in the Capital Facilities Plan Element of the Comprehensive Plan to achieve the adopted level of service standards. Such additional public facilities shall be underwritten by a financial commitment.

1. A certificate of concurrency shall be issued by the public works director or his/her designee after the concurrency test is passed.

2. Upon issuance of a certificate of concurrency, the City shall reserve capacity on behalf of the applicant, and indicate the reservation on the certificate of concurrency.

3. A certificate of concurrency shall expire if the development permit for which the concurrency is reserved is not applied for within 180 days of issuance of the certificate of concurrency.

4. A certificate of concurrency shall be valid for the development permit application period and subsequently for the same period of time as the development permit for which it was issued.

5. A certificate of concurrency may be extended according to the same terms and conditions as the underlying development permit. If a development permit is granted an extension, the certificate of concurrency, if any, shall also be extended. Certificates of concurrency shall not be extended beyond the expiration of the underlying development permit, or any extensions thereof.

6. A certificate of concurrency is valid only for the uses and intensities authorized for the development permit for which it is issued. Any change in use or intensity that increases the impact of development on public facilities is subject to an additional concurrency test of the incremental increase in impact on public facilities. Any change in use or intensity that decreases the impact of development on public facilities is not subject to an additional concurrency test and any capacity that is not required as a result of the decrease in impact shall be available for other applications.

7. A certificate of concurrency is valid only for the development permit with which it is issued, and for subsequent development permits for the same parcel, as long as the applicant obtains the subsequent development permit prior to the expiration of the earlier development permit. A certificate of concurrency transfers automatically to subsequent development permits for the parcel for which the certificate was issued; provided, that the use or intensity has not changed, and the previous development permit has not expired. The transfer of validity of a certificate of concurrency from one development permit to a subsequent development permit shall not extend or otherwise change the expiration of the certificate of concurrency.

8. A certificate of concurrency runs with the land and cannot be transferred to a different parcel. A certificate of concurrency transfers automatically with ownership of the parcel for which the certificate was issued. Upon final subdivision approval of a parcel that has obtained a certificate of concurrency, the City shall replace the certificate of concurrency by issuing a separate certificate of concurrency to each subdivided parcel, assigning to each a pro rata portion of the public facility capacity or other measure that was reserved for the original certificate. The issuance of pro rata certificates of concurrency to subdivided parcels shall not extend or otherwise change the expiration of the certificates of concurrency.

1. The City shall charge each applicant an administrative fee and a concurrency test fee in an amount to be established by resolution by the City council. The concurrency test fee shall not be refundable after the concurrency test has been performed.

2. The City shall charge a processing fee to any individual who requests an informal analysis of capacity if the requested analysis requires substantially the same research as a concurrency test. The processing fee shall be nonrefundable and nonassignable to a concurrency test. The amount of the processing fee shall be the same as the concurrency test fee authorized by subsection 1. of this section.

1. An applicant may appeal a denial of a certificate of concurrency on the following grounds:

2. Appeal of denial of a certificate of concurrency shall be to the hearing examiner in accordance with procedures in Chapter 21.09 SMC. (Ord. O2021-540 § 2 (Att. A))

1. The City shall collect impact fees, based on the rates in SMC 21.08.030.K, from any applicant seeking development approval from the City for any development within the City, where such development requires the issuance of a building permit. This shall include, but is not limited to, the development of residential, commercial, retail, and office uses, and includes the expansion of existing uses that creates a demand for additional public facilities, as well as a change in existing use that creates a demand for additional public facilities.

2. An impact fee shall not be assessed for the following types of development activity because the activity either does not create additional demand as provided in RCW 82.02.050 and/or is a project improvement (as opposed to a system improvement) under RCW 82.02.090:

3. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use; provided, that the applicant has previously paid the required impact fee for the original use.

4. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in SMC 21.08.030.K.

5. Applicants seeking a building permit for a change in use shall be required to pay an impact fee if the change in use increases the existing trip generation by the lesser of five percent or 10 peak hour trips.

6. Except as provided in SMC 21.08.050.C, impact fees shall be assessed and collected, at the option of the applicant, either:

7. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to SMC 21.08.030.D shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to SMC 21.08.030.D setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued by the City for each unit in the development.

8. Where the impact fees imposed are determined by the square footage of the development, a deposit shall be due from the feepayer pursuant to subsection 6. of this section. Deposit and installment percentages shall be based on an estimate, submitted by the feepayer, of the size and type of structure proposed to be constructed on the property. In the absence of an estimate provided by the feepayer, the department shall calculate percentages based on the maximum allowable density/intensity permissible on the property. If the final square footage of the development is in excess of the initial estimate, any difference in the amount of the impact fee will be due prior to the issuance of a building permit, using the same impact fee rate previously assessed. The feepayer shall pay any such difference plus interest, calculated at the statutory rate. If the final square footage is less than the initial estimate, the department shall give a credit for the difference, plus interest at the statutory rate.

9. The department shall not issue the required building permit unless and until the impact fees required by this chapter, less any permitted exemptions or credits provided pursuant to SMC 21.08.030.C or SMC 21.08.030.D, have been paid, unless a deferral has been granted pursuant to SMC 21.08.050.

10. The service area for impact fees shall be a single City-wide service area.

11. In accordance with RCW 82.02.050, the City shall collect and spend impact fees only for the public facilities defined in this Chapter and RCW 82.02.090 which are addressed by the capital facilities plan element of the City’s Comprehensive Plan. The City shall base continued authorization to collect and expend impact fees on revising its Comprehensive Plan in compliance with RCW 36.70A.070 and on the capital facilities plan identifying: a. deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time; b. additional demands placed on existing public facilities by new development; and c. additional public facility improvements required to serve new development.

12. In accordance with RCW 82.02.050, if the City’s capital facilities plan is complete other than for the inclusion of those elements which are the responsibility of a special district, the City may impose impact fees to address those public facility needs for which the City is responsible.

13. Applicants for single-family attached or single-family detached residential construction may request deferral of all impact fees due under this chapter in accordance with the provisions of SMC 21.08.050.

1. Pursuant to RCW 82.02.060, the City may provide exemptions for low-income housing and other development activities with broad public purposes; provided, that the impact fees from such development activity shall be paid from public funds other than impact fee accounts if the waiver is greater than 80 percent of the impact fee. The director shall be authorized to determine whether a particular development falls within an exemption identified in this chapter. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in SMC 21.08.030.F.

2. Except as provided in subsection 3. of this section, the following development activities are exempt from the requirements of this chapter. An impact fee shall not be assessed for:

3. Except as provided above, the provision of affordable housing as defined in SMC 21.08.080 may be exempted from some or all of the required impact fees as shown in Table 1:

1. A feepayer can request that a credit or credits for impact fees be awarded to him/her for the total value of dedicated land, improvements, or construction provided by the feepayer. Credits will be given only if the land, improvements, and/or the facility constructed are:

2. The director shall determine if requests for credits meet the criteria in subsection 1. of this section.

3. The value of a credit for structures, facilities or other improvements shall be established by original receipts provided by the applicant for one or more of the same system improvements for which the impact fee is being charged.

4. The value of a credit for land, including right-of-way and easements, shall be established on a case-by-case basis by an appraiser selected by or acceptable to the director. The appraiser must be licensed in good standing by the state of Washington for the category of the property appraised. The appraiser must possess an MAI or other equivalent certification and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. The appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review and acceptance by the director.

5. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the City may be providing to the feepayer, in the event that a credit is awarded.

6. If a credit is due, after receiving the appraisal the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit.

7. No credit shall be given for project improvements as defined in SMC 21.08.080.

8. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments as defined in SMC 21.08.080. For each request for a credit or credits for significant past tax payments, the feepayer shall submit receipts and a calculation of significant past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments.

9. Any claim for credit must be made prior to or at the time of submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.

10. A feepayer shall receive a credit for all impact fee deposits paid pursuant to SMC 21.08.030.B.

11. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in SMC 21.08.030.F.

1. Any feepayer may pay the impact fees imposed by this Chapter under protest in order to obtain a building permit or occupancy permit. No appeal shall be permitted until the impact fees at issue have been paid.

2. Appeals regarding the impact fees imposed on any development may only be filed by the feepayer of the property where such development will occur.

3. The feepayer must first file a request for review regarding impact fees with the director, as provided herein:

4. The following decisions may be appealed to the hearing examiner: determinations of the director with respect to the applicability of the impact fees to a given development; the director’s determination regarding the availability or value of a credit; the director’s decision concerning the independent fee calculation which is authorized in SMC 21.08.030.L; fees imposed by the director pursuant to SMC 21.08.030.K; or any other determination which the director is authorized to make pursuant to this Chapter.

5. Appeals to the hearing examiner shall be taken within 21 calendar days of the director’s issuance of a written determination by filing with the department a notice of appeal specifying the grounds thereof, and depositing the necessary administrative fee, which is set forth in the existing fee schedules for appeals of such decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.

6. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in the Sammamish Municipal Code. At the hearing, any party may appear in person or by agent or attorney.

7. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in this section.

8. The hearing examiner may, so long as such action is in conformance with the provisions of this Title, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded.

1. Impact fee receipts shall be earmarked specifically and deposited in a special interest-bearing impact fee account maintained by the City.

2. There is hereby established the street impact fee account for the fees collected pursuant to this Chapter. Funds withdrawn from this account must be used in accordance with the provisions of SMC 21.08.030.I and applicable state law. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected.

3. On an annual basis, the finance department shall provide a report to the City council on the street impact fee account showing the source and amount of all moneys collected, earned, or received, and the system improvements that were financed in whole or in part by impact fees.

4. Impact fees for system improvements shall be expended only in conformance with the capital facilities plan element of the City’s Comprehensive Plan.

5. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the City to hold the 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.

1. If the City fails to expend or encumber the impact fees within 10 years of when the fees were paid, or where extraordinary or compelling reasons exist and the council has established other time periods pursuant to SMC 21.08.030.G, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis.

2. 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 for which the impact fee was paid.

3. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.

4. 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 public capital facilities.

5. Refunds of impact fees under this section shall include any interest paid at the statutory rate.

6. 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 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 public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

7. The City shall 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 pursuant to RCW 82.02.0803., if the development 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 director shall determine whether an impact has resulted and whether all or a portion of the impact fees paid shall be refunded.

1. Pursuant to this Chapter, impact fees:

2. Impact fees may be spent for public improvements, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, administrative expenses, mitigation costs, and any other expenses which can be capitalized pertaining to transportation improvements.

3. Impact fees may also be used to recoup public improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.

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

1. The fee rates set forth in SMC 21.08.030.K may be reviewed and adjusted by the council as it deems necessary and appropriate to meet City needs, including but not limited to addressing the impact of inflation on labor, materials, and real property costs. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of the adjustment and revise the fee rates set forth in SMC 21.08.030.K. If the council does not determine the amount of the adjustment, the adjustment shall be administratively adjusted by the same amount that the five-year average Washington State Department of Transportation Construction Cost Index changed for the most recent 12-month period prior to the date of the adjustment.

2. In the last quarter of each calendar year, the community development director, together with the public works director, shall prepare a report to the planning commission for the year to date, including the following:

Based on this annual review, the planning commission shall recommend to the City council any revision to SMC 21.08.030.C deemed appropriate.

1. If, in the judgment of the director, none of the fee categories or fee amounts set forth in SMC 21.08.030.K accurately describe or capture the impacts of a new development on streets and roads, the department may prepare independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer.

2. If a feepayer opts not to have the impact fees determined according to SMC 21.08.030.K, then the feepayer shall prepare and submit to the director an independent fee calculation for the development for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made.

3. Any feepayer submitting an independent fee calculation shall be required to pay the City a fee to cover the cost of reviewing the independent fee calculation. The amount of the fee required by the City for conducting the review of the independent fee calculation shall be in accordance with the adopted fee resolution by the City council and shall be paid by the feepayer prior to initiation of review.

4. While there is a presumption that the calculations set forth in the street impact fee analysis are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may modify or deny the request, or, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The director’s decision shall be set forth in writing and shall be mailed to the feepayer.

5. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in SMC 21.08.030.F.

1. All development permits subject to the impact fees pursuant to SMC 21.08.030.K shall pay an administrative processing fee as adopted by the City council.

2. All development permits that require an independently determined impact fee pursuant to SMC 21.08.030.L shall pay an administrative processing fee as adopted by the City council.

1. The City shall collect impact fees, based on the rates in SMC 21.08.040.K, from any applicant seeking development approval from the City for any residential development within the City, where such development requires the issuance of a building permit. This shall include, but is not limited to, the expansion or change of use of existing uses that creates a demand for additional public facilities.

2. An impact fee shall not be assessed for the following types of development activity because the activity either does not create additional demand as provided in RCW 82.02.050 and/or is a project improvement (as opposed to a system improvement) under RCW 82.02.090:

3. For a change in use of an existing structure or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use; provided, that the applicant has previously paid the required impact fee for the original use.

4. For mixed use developments, impact fees shall be imposed for the proportionate share of each residential land use based on the applicable measurement in the impact fee rates set forth in SMC 21.08.040.K.

5. Applicants seeking development approval for a change in use shall be required to pay an impact fee if the change in use increases the number of dwelling units.

6. Except as provided in SMC 21.08.050.C, impact fees shall be assessed and collected, at the option of the applicant, either:

7. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to SMC 21.08.040.D shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to SMC 21.08.040.D setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued by the City for each residential dwelling unit in the development.

8. The department shall not issue the required building permit unless and until the impact fees required by this chapter, less any permitted exemptions or credits provided pursuant to SMC 21.08.040.C or SMC 21.08.040.D, have been paid, unless a deferral has been granted pursuant to SMC 21.08.050.

9. The service area for impact fees shall be a single City-wide service area.

10. In accordance with RCW 82.02.050, the City shall collect and spend impact fees only for the public facilities defined in this Chapter and RCW 82.02.090 which are addressed by the capital facilities plan element of the City’s Comprehensive Plan. The City shall base continued authorization to collect and expend impact fees on revising its Comprehensive Plan in compliance with RCW 36.70A.070, and on the capital facilities plan identifying: a. deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time; b. additional demands placed on existing public facilities by new development; and c. additional public facility improvements required to serve new development.

11. In accordance with RCW 82.02.050, if the City’s capital facilities plan is complete other than for the inclusion of those elements which are the responsibility of a special district, the City may impose impact fees to address those public facility needs for which the City is responsible.

12. Applicants for single-family attached or single-family detached residential construction may request deferral of all impact fees due under this chapter in accordance with the provisions of SMC 21.08.050.

13. If, prior to February 12, 2016, an applicant submits a copy of a fully executed purchase and sale agreement with an affidavit from the applicant attesting that the agreement was fully executed prior to November 11, 2015, the residential dwelling unit that is the subject of that agreement will be subject to the parks and recreational facilities impact fee in effect on the date of execution of that agreement, as provided in SMC 21.08.040.K.

1. Pursuant to RCW 82.02.060, the City may provide exemptions for low-income housing and other development activities with broad public purposes; provided, that the impact fees from such development activity shall be paid from public funds other than impact fee accounts if the waiver is greater than 80 percent of the impact fee. The director shall be authorized to determine whether a particular development falls within an exemption identified below. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in SMC 21.08.040.F. The following development activities are exempt from the requirements of this chapter. A parks impact fee shall not be assessed for:

2. Except as provided above, the provision of affordable housing as defined in SMC 21.08.080 may be exempted from some or all of the required impact fees as shown in Table 1:

1. A feepayer can request that a credit or credits for impact fees be awarded to him/her for the total value of dedicated land, improvements, or construction provided by the feepayer. Credits will be given only if the land, improvements, and/or the facility constructed are:

2. The director shall determine if requests for credits meet the criteria in subsection 1. of this section.

3. The value of a credit for structures, facilities or other improvements shall be established by original receipts provided by the applicant for one or more of the same system improvements for which the impact fee is being charged.

4. The value of a credit for land, including right-of-way and easements, shall be established on a case-by-case basis by an appraiser selected by, or acceptable to, the director. The appraiser must be licensed in good standing by the state of Washington for the category of the property appraised.

The appraiser must possess an MAI or other equivalent certification and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. The appraisal shall be in accord with the most recent version of the Uniform Standards of Professional Appraisal Practice and shall be subject to review and acceptance by the director.

5. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the City may be providing to the feepayer, in the event that a credit is awarded.

6. If a credit is due, after receiving the appraisal the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit.

7. No credit shall be given for project improvements as defined in SMC 21.08.080.

8. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments as defined in SMC 21.08.080. For each request for a credit or credits for significant past tax payments, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments.

9. Any claim for credit must be made prior to or at the time of submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.

10. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in SMC 21.08.040.F.

1. Any feepayer may pay the impact fees imposed by this Chapter under protest in order to obtain a building permit. No appeal shall be permitted until the impact fees at issue have been paid.

2. Appeals regarding the impact fees imposed on any development may only be filed by the feepayer of the property where such development will occur.

3. The feepayer must first file a request for review regarding impact fees with the director, as provided herein:

4. The following decisions may be appealed to the hearing examiner: determinations of the director with respect to the applicability of the impact fees to a given development; the director’s determination regarding the availability or value of a credit; the director’s decision concerning the independent fee calculation which is authorized in SMC 21.08.040.L; fees imposed by the director pursuant to SMC 21.08.040.K; or any other determination which the director is authorized to make pursuant to this Chapter.

5. Appeals to the hearing examiner shall be taken within 21 calendar days of the director’s issuance of a written determination by filing with the department a notice of appeal specifying the grounds thereof, and depositing the necessary administrative fee, which is set forth in the existing fee schedules for appeals of such decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.

6. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in the Sammamish Municipal Code. At the hearing, any party may appear in person or by agent or attorney.

7. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in this section.

8. The hearing examiner may, so long as such action is in conformance with the provisions of this Chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded.

1. Impact fee receipts shall be earmarked specifically and deposited in a special interest-bearing impact fee account maintained by the City.

2. There is hereby established the parks and recreational facilities impact fee account for the fees collected pursuant to this Chapter. Funds withdrawn from this account must be used in accordance with the provisions of SMC 21.08.040.I and applicable state law. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected.

3. On an annual basis, the finance director shall provide a report to the City council on the parks and recreational facilities impact fee account showing the source and amount of all moneys collected, earned, or received, and the system improvements that were financed in whole or in part by impact fees.

4. Impact fees for system improvements shall be expended only in conformance with the capital facilities plan element of the City’s Comprehensive Plan.

5. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the City to hold the 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.

1. If the City fails to expend or encumber the impact fees within 10 years of when the fees were paid, or where extraordinary or compelling reasons exist and the council has established other time periods pursuant to SMC 21.08.040.G, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis.

2. 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 for which the impact fee was paid.

3. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.

4. 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 public capital facilities.

5. Refunds of impact fees under this section shall include interest paid at the statutory rate.

6. 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 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 public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

7. The City shall 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, pursuant to RCW 82.02.0803., if the development for which 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 director shall determine whether an impact has resulted and whether all or a portion of the impact fees paid shall be refunded.

1. Pursuant to this Chapter, impact fees:

2. Impact fees may be spent for system improvements, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, administrative expenses, mitigation costs, and any other expenses which can be capitalized pertaining to parks and recreational facility improvements.

3. Impact fees may also be used to recoup public improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.

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

1. The fee rates set forth in SMC 21.08.040.K may be reviewed and adjusted by the council as it deems necessary and appropriate to meet City needs, including, but not limited to, addressing the impact of inflation on labor, materials, and real property costs. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of the adjustment and revise the fee rates set forth in SMC 21.08.040.K. If the council does not determine the amount of the adjustment, the adjustment shall be administratively adjusted by the same amount that the five-year average Washington State Department of Transportation Construction Cost Index changed for the most recent 12-month period prior to the date of the adjustment.

2. In the last quarter of each calendar year, the community development director together with the parks and recreation director shall prepare a report to the planning commission, for the year to date, including the following:

Based on this annual review, the planning commission shall recommend to the City council any revision to SMC 21.08.040.C deemed appropriate.

1. If, in the judgment of the director, none of the fee categories or fee amounts set forth in SMC 21.08.040.K accurately describe or capture the impacts of a new development on parks and recreational facilities, the department may prepare independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer.

2. If a feepayer opts not to have the impact fees determined according to SMC 21.08.040.K, then the feepayer shall prepare and submit to the director an independent fee calculation for the development for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made.

3. Any feepayer submitting an independent fee calculation shall be required to pay the City a fee to cover the cost of reviewing the independent fee calculation. The amount of the fee required by the City for conducting the review of the independent fee calculation shall be in accordance with the adopted fee resolution approved by the City council and shall be paid by the feepayer prior to initiation of review.

4. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may modify or deny the request, or, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The director’s decision shall be set forth in writing and shall be mailed to the feepayer.

5. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner subject to the procedures set forth in SMC 21.08.040.F.

1. All development permits subject to the park and recreational facilities impact fees pursuant to SMC 21.08.040.K shall pay an administrative processing fee as adopted by the City council.

2. All development permits that require an independently determined park and recreational facilities impact fee pursuant to SMC 21.08.040.L shall pay an administrative processing fee as adopted by the City council.

1. The provisions of this chapter shall apply to all impact fees established and adopted by the City pursuant to Chapter 82.02 RCW, including street impact fees assessed under SMC 21.08.030, impact fees for parks and recreational facilities assessed under SMC 21.08.040, and school impact fees assessed under SMC 21.09.090.

2. Subject to the limitations imposed in SMC 21.08.050.F, the provisions of this chapter shall apply to all building permit applications for single-family detached and single-family attached residential construction. For the purposes of this chapter, an “applicant” includes an entity that controls the named applicant, is controlled by the named applicant, or is under common control with the named applicant.

1. Deferral Request Authorized. Applicants for single-family attached or single-family detached residential building permits may request to defer payment of required impact fees until the sooner of:

which request shall be granted so long as the requirements of this chapter are satisfied.

2. Method of Request. A request for impact fee deferral shall be declared at the time of preliminary plat application (for platted development) or building permit application (for nonplatted development) in writing on a form or forms provided by the City. Any request for impact fee deferral must be accompanied by an administrative fee in an amount equal to one hour at the City’s hourly rate for planning as stated in the City’s current fee schedule.

3. Calculation of Impact Fees. The amount of impact fees to be deferred under this chapter shall be determined as of the date the request for deferral is submitted.

1. Applicant’s Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and record a deferred impact fee lien, in an amount equal to the deferred impact fees as determined under SMC 21.08.050.C.3, against the property in favor of the City in accordance with the requirements of RCW 82.02.0503.c.

2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees for the property, the City shall execute a release of deferred impact fee lien for the property. The property owner at the time of the release is responsible, at his or her own expense, for recording the lien release.

1. The City engineer or designee, herein referred to as “the City,” shall establish policies and procedures to administer the permit program.

2. Applicants may be required to submit, in addition to the application form, any documents the City deems necessary for the City to perform an accurate evaluation of the right-of-way use permit application.

3. Decisions regarding issuance, renewal, denial, or termination of any such permits shall be subject to insurance requirements, bond requirements, indemnification and hold harmless agreements, the capacity of the rights-of-way to accommodate the applicant’s proposed facilities or use, evaluation of competing public interests, and any other administrative requirements applicable to the permit.

4. As part of a complete right-of-way use permit application, the applicant shall submit to the City, at the time of application, right-of-way use permit fees, including a nonrefundable application fee, as set forth in the most current City of Sammamish fee schedule.

5. If insurance is required, the insurance guidelines in City policy shall apply unless otherwise established by the City.

6. Conditions of approval will be identified during the City’s review of the application and may include a certificate of insurance, indemnification and hold harmless agreement, traffic control plan, performance bond, time and use restrictions, video data, status reports, restoration of disturbed right-of-way features, or any other requirements the City deems necessary to protect the right-of-way and public health, safety, and welfare.

7. Right-of-way permit decisions are nonappealable decisions that require the exercise of little or no discretion.

1. Type A, ROW special use permit is a short-term permit and allows the use of the right-of-way for nonconstruction activities as described in SMC 21.08.060.D.

2. Type B, ROW construction permit is a permit that allows the use of the right-of-way for construction activities as described in SMC 21.08.060.E.

3. Type C, ROW utility permit is a permit that allows for the use of the right-of-way to construct or maintain utilities as described in SMC 21.08.060.F.

4. Type D, ROW lease permit is a permit that allows long-term usage of public right-of-way for non-construction activities as described in SMC 21.08.060.G.

1. Type A ROW special use permit is required for any special event that is held within the public right-of-way or creates significant traffic impacts within the public right-of-way.

2. Type A ROW special use permit may be required for uses that are non-construction uses but not defined as a special event by this chapter.

3. Proof of insurance may be required with the City listed as an additional insured to protect the public and the City against liability for injury to persons or property.

1. Type B ROW construction permits are required before any person, firm, corporation, company, enterprise or entity shall commence or permit any other person, firm, corporation, company, enterprise or entity to commence any work within the public right-of-way. Types of activities that would fall under a Type B ROW construction permit include but are not limited to driveways, curbs, stormwater infrastructure, sidewalks, retaining walls, cutting or maintaining trees and haul routes. Construction work associated with a franchised utility provider or a telecommunications provider shall obtain a Type C ROW utility permit as described in SMC 21.08.060.F.

2. Proof of insurance shall be required, with the City listed as an additional insured, on all work within the right-of-way to address liability for injury to persons or property. Insurance amounts shall be those identified in Section 1-07.18 (Public Liability and Property Damage Insurance) of the Standard Specifications for Road, Bridge and Municipal Construction (current version) published by the Washington State Department of Transportation, and City amendments thereto. These insurance requirements may be modified at the discretion of the City.

3. A current City business license is required for any person performing work in the City right-of-way.

4. It is unlawful for any person to perform any work in City right-of-way unless operating under a valid state of Washington general contractor’s license, or a valid state of Washington specialty contractor’s license applicable to the type of work being performed.

5. Contractors are responsible for traffic control, work area protection/security and street maintenance to protect the life, health and safety of the public during any permitted work within the right-of-way, and all methods and equipment used will be subject to the approval of the City.

6. All streets, sidewalks, alleys, parkways, and other public rights-of-way disturbed in the course of work performed under any permit shall be restored in accordance with the City of Sammamish public works standards or as required and approved by the City engineer.

7. All work within City right-of-way must be pursued to completion with due diligence, and if work is not completed within a reasonable length of time, as determined by the City engineer, the City shall cause the work to be completed at the applicant’s expense.

8. Any costs incurred by the City for right-of-way restoration will be charged to the property owner and/or developer employing the contractor.

1. Type C ROW utility permits are required before any person, firm, corporation, company, enterprise or entity shall commence or permit any other person, firm, or corporation to commence any work within the public right-of-way associated with providing or maintaining franchised utilities or telecommunication facilities within the City right-of-way.

2. Proof of insurance shall be required, with the City listed as an additional insured, on all work within the right-of-way to address liability for injury to persons or property. Insurance amounts shall be those identified in Section 1-07.18 (Public Liability and Property Damage Insurance) of the Standard Specifications for Road, Bridge and Municipal Construction (current version) published by the Washington State Department of Transportation, and City amendments thereto. These insurance requirements may be modified at the discretion of the City.

3. A current City business license is required for any person performing work in the City right-of-way.

4. It is unlawful for any person to perform any work in City right-of-way unless operating under a valid state of Washington general contractor’s license, or a valid state of Washington specialty contractor’s license applicable to the type of work being performed.

5. Contractors are responsible for traffic control, work area protection/security and street maintenance to protect the life, health and safety of the public during any permitted work within the right-of-way, and all methods and equipment used will be subject to the approval of the City.

6. All streets, sidewalks, alleys, parkways, and other public rights-of-way disturbed in the course of work performed under any permit shall be restored in accordance with the City of Sammamish public works standards or as required and approved by the City engineer.

7. All work within City right-of-way must be pursued to completion with due diligence, and if work is not completed within a reasonable length of time, as determined by the City engineer, the City shall cause the work to be completed at the applicant’s expense.

8. Any costs incurred by the City for right-of-way restoration will be charged to the property owner and/or developer employing the contractor.

1. Type D ROW lease permits are required before any person, firm, corporation, company, enterprise or entity shall commence or permit any other person, firm, or corporation to commence any work within the ROW or utilize the unopened or unused public ROW for long-term private benefit or use. Types of activities that fall under a Type D ROW lease permit include, but are not limited to, construction of fences, landscaping, private irrigation, sheds, private nonfranchised utilities, and garages. Infrastructure associated with a franchised utility provider or a telecommunications provider shall obtain a Type C ROW utility permit as described in SMC 21.08.060.F.

2. Proof of insurance may be required with the City listed as an additional insured to protect the public and the City against liability for injury to persons or property.

3. At any time the City deems the area being leased is necessary for public benefit, the ROW lease permit may be terminated and the applicant will be required, at their expense, to move their facilities from the public ROW.

1. The permit may be immediately revoked by the City in the event of a violation of any of the terms or conditions of the permit; or

2. The permit may be immediately revoked by the City in the event the permitted special event or street use shall become dangerous to persons or property, or if any structure, site condition or obstruction permitted becomes insecure or unsafe; or

3. The permit may be revoked by the City upon 30 days’ notice if the permit was not for a specified period of time and is not covered by either of the preceding subsections.

4. If any event, use or occupancy for which the permit has been revoked is not immediately discontinued, the City may remove any structure, site condition or obstruction, or cause to be made such repairs upon the structure, site condition or obstruction as may be necessary to render the same secure and safe, or to adjourn any special event. The cost and expense of such removal, repair or adjournment shall be assessed against the permittee, including all fees and costs associated with enforcement of the collection of same, including attorney’s fees.

1. The City Engineer or designee, herein referred to as “the City,” shall establish policies and procedures to administer the permit program.

2. Deviations and adjustments are classified into two categories, based on the amount of discretion associated with each decision. Procedures for the two different categories are distinguished according to whether public notice is required and whether administrative appeals are provided. The categories of decisions are listed in the Deviation and Adjustment Decision Category Table of this section.

3. Applicants are required to submit, in addition to the application form, any documents the City deems necessary for the City to perform an accurate evaluation of a public works standards deviation or drainage adjustment application.

4. In order for any application to be complete, the applicant must make payment to the City of any fees as set forth in the City of Sammamish Fee Schedule.

1. The Department of Public Works shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. The Director shall maintain a policy in the fee schedule resolution for the process and standard on permit fee refunds that is available to the public. Applications shall be considered complete as of the date the Department deems it complete and upon payment of fees. The Director shall also maintain a list of application materials by project type that may be required to verify compliance. All applications described in this section shall include the following:

A permit application is complete for purposes of this section when it meets the procedural submission requirements of the Department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the Department.

2. The Director may specify the requirements of the site plan required to be submitted for various permits.

3. The applicant shall attest by written oath to the accuracy of all information submitted for an application.

4. Applications must be accompanied by the payment of the applicable filing fees, if any, as set forth by resolution.

8. City. The City of Sammamish.

14. Council. The City council of the City of Sammamish.

15. Department. The department of public works, department of community development, or, when referenced in SMC 21.08.040, means the department of parks and recreation.

20. Director. When referenced in this Chapter, means the director of the department of public works or the director’s designee, or the director of the department of parks and recreation or the director’s designee, or the director of the department of community development or the director’s designee, as appropriate.

46. State. The state of Washington.

47. Street. A public thoroughfare providing pedestrian and vehicular access through neighborhoods and communities and to abutting property.