(1)    Skagit County is required by RCW 36.70A.070(6)(e) and the planning goals of RCW 36.70A.020 to ensure that transportation improvements or transportation systems management strategies to accommodate the impacts of development are in place when a project is first occupied, or that a financial commitment is in place to complete the improvements or transportation systems management strategies within six years.

(2)    Concurrency for certain urban and rural public facilities and services is ensured by the implementation of the Capital Facilities Plan, the County’s monitoring and annual review of that plan, and the County’s response in the absence of concurrency. Certain public facilities and services also need to be analyzed before the County can issue a project permit for a specific development. This Chapter addresses both the annual concurrency review process and the system whereby individual development projects are examined for concurrency and project permits are issued only after it is demonstrated that the levels of service will not be degraded below the adopted level of service standards for these facilities and services. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.28.010)

(1)    This Chapter applies to all development except the following:

(a)    Exempt Project Permit.

(i)    Boundary line adjustment.

(ii)    Final subdivision (if a concurrency test was conducted for the corresponding preliminary subdivision).

(iii)    Rezone (but not including a contract rezone which establishes a specific timeline for constructing the specific use and a deadline for such construction after which the contract rezone expires).

(iv)    Shoreline substantial development variance.

(v)    Street vacation.

(vi)    Temporary use permit.

(vii)    Variance.

(b)    Exempt Types or Levels of Development.

(i)    Single-family dwelling unit.

(ii)    Duplex.

(iii)    Accessory dwelling unit.

(iv)    Any addition to, renovation or replacement of a residential structure with no change in use and no more than one additional dwelling unit added, such as reroofing.

(v)    Any accessory structure with no change in use and no more than one additional dwelling unit added.

(vi)    Interior completion of a structure for a use with the same or less intensity as the existing use or a previously approved use.

(vii)    Temporary construction trailer.

(viii)    Driveway, resurfacing, or parking lot paving.

(ix)    Demolition.

(x)    Any other permit or approval that the Director determines has no impact on a concurrency facility or service.

(2)    Exemption from Obtaining Concurrency Determination for Transportation. Any development generating a total of four or less peak-hour trips from the total project shall be exempt from obtaining a concurrency determination for transportation, but shall not be exempt from obtaining a concurrency determination for non-transportation facilities and services and shall also not be exempt from providing appropriate transportation improvements or mitigation for traffic impacts in the immediate vicinity of the project as may be required by SCC Title 14 Division 1, Zoning and Land Uses, SCC Chapter 14.66 or 14.74. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20090010 Attch. 1 (part); Ord. O20080005 (part): Ord. O2005007 § 13; Ord. 17938 Attch. F (part), 2000. Formerly 14.28.020)

The definitions in this Section apply throughout this Chapter and control over any conflicting definitions in SCC 14.04.020.

“Affected County intersection” means a County intersection through which a development project will add 20 or more peak hour trips.

“Affected County road segment” means a County road segment on which the development project will add 20 or more peak hour trips.

“Available capacity” means capacity in a concurrency facility or service that is available for use without requiring facility construction, expansion or modification or will be available at project occupancy as a result of a committed improvement.

“Capital facilities” means facilities or improvements included in a capital budget.

“Capital Facilities Plan” means a Capital Facilities Plan adopted by a board of commissioners responsible for its implementation and submitted to the County for adoption into the County’s Comprehensive Plan.

“Certificate of capacity” means a document issued by Planning and Development Services indicating the quantity of traffic impacts on County roads and the quantity of capacity for nontransportation concurrency facilities and services that has been reserved for a specific development project on a specific property.

“Concurrency determination” means a determination that compares a proposed project’s impact on a given facility to the capacity of such facility, taking into account available facility capacity and any mitigation measures proposed by the applicant.

“Concurrency facilities and services” means the facilities and services for which project concurrency review is required in accordance with the provisions of this Chapter. All of the concurrency facilities and services other than County roads are referred to as nontransportation concurrency facilities and services.

“Concurrency facility and service providers” means the County department or other governmental entity responsible for providing the applicable service or facility to a development project subject to project concurrency review, as listed in SCC 14.62.110.

“County road intersections” means intersections between two County roads, between County roads and lower traffic volume city streets, and between County roads and lower traffic volume State highways.

“County road segments” means portions of individual County roads for which LOS is analyzed using the Birdsall method or Highway Capacity Manual (HCM).

“Final concurrency decision” means a decision made by the project permit decision maker that there is or is not concurrency.

“Funded projects” means transportation improvement projects for which a financial commitment is in place to complete the improvements or TSM strategies within six years of the date the final concurrency decision is to be made. Each year, projects are to be designated as “funded” by the Board of County Commissioners at the time of adoption of the Six-Year Transportation Improvement Program.

“Level of service” or “level of service standard” means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. For transportation, an A through F scale is frequently used to reflect level of service and to designate an LOS standard.

“Rural level of service” means a level of service applicable to all portions of the County not within an urban growth area.

“Urban level of service” means a level of service applicable within an urban growth area.

“Project concurrency review” means a system of reviewing specific development projects to ensure that project permits are issued only after it is demonstrated that the levels of service on concurrency facilities and services will not be degraded below the adopted level of service standards for these facilities and services. This system involves an application filed by the permit applicant, a concurrency determination for facilities and service made by the concurrency facility and service provider and a final concurrency decision made by the project permit decision maker. (Ord. O20250005 § 2 (Exh. A))

Repealed by Ord. O20160004. (Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.28.030)

(1)    Timing. All applicants for project permits, except those exempt, must apply for project concurrency review at the time the applicant submits the applications for development project permits. Inquiries about availability of capacity on concurrency facilities and services may be made prior to project permit applications, but responses to such inquires are advisory only and available capacity can only be reserved through a certificate of capacity as set forth in this Chapter.

(2)    Concurrency Facilities and Services. The following concurrency facilities and services, if used by the proposed development, must be evaluated during project concurrency review:

(3)    Procedures.

(a)    Applications for project concurrency review must be submitted on forms provided by Planning and Development Services.

(b)    Project concurrency review must be performed for the specific property, uses, densities, and intensities based on the information provided by the applicant. The applicant shall specify densities and intensities that are consistent with the uses allowed or to be vested for the property. If the project concurrency review is being requested in conjunction with a contract rezone, the applicant must specify the densities and intensities consistent with the proposed contract zoning for the property.

(c)    Upon receipt of a complete application for a project permit, there shall be a tentative reservation of traffic impacts on County roads and a tentative reservation of capacity for non-transportation concurrency facilities and services that will serve that development in order to account for the potential future traffic impacts and future use of capacity by that development. That tentative reservation shall convert to a final reservation of traffic impacts/capacity upon issuance of a certificate of capacity or shall become void in the event that project permits for the development are not issued.

(d)    Planning and Development Services shall notify the concurrency facility and services providers of all applications received requiring project concurrency review and request a concurrency determination.

(e)    The concurrency facility and service providers shall notify the applicant and Planning and Development Services of the results of the concurrency determination within 30 days. If additional information is needed to determine concurrency, such additional information may be requested by the concurrency facility and service provider, but such request shall not make the original application to be deemed incomplete.

(f)    The decision maker for the project permit(s) shall make a final concurrency decision as part of the project permit decision(s) based on the concurrency determination and all relevant evidence presented in the public record on the project permit. The project permit may be conditioned as necessary to ensure that an improvement relied upon to demonstrate concurrency will be completed or a transportation systems management strategy will be implemented in the required time frame. The final concurrency decision shall be a part of the permit decision which is appealable pursuant to SCC Chapter 14.06.

(g)    If the decision maker concludes that there is no concurrency and the project permit cannot be conditioned to accomplish concurrency, the project permits shall be denied.

(h)    If the decision maker concludes that there is concurrency and issues project permits, Planning and Development Services shall issue a certificate of capacity to the applicant with a copy sent to each concurrency facility and service provider. The certificate of capacity shall be used to maintain an accounting of traffic impacts on County roads and capacity for non-transportation concurrency facilities and services that have been reserved.

(i)    If the project permit for a project is withdrawn, expires or is otherwise cancelled, the certificate of capacity for that development shall automatically be voided. Planning and Development Services shall send notice of all voided certificates of capacity to each concurrency facility and service provider.

(4)    Administrative Rules. The Director may, by administrative order, establish administrative rules to manage project concurrency review.

(5)    Relation to Other Requirements. Compliance with or exemption from the requirements of this Chapter does not exempt a development project from compliance with any other requirement of the Unified Development Code including, but not limited to, compliance with SCC Chapters 14.32 (Stormwater Management), 14.66 (Public Works Standards), 14.68 (Impact Fees), and 16.12 (State Environmental Policy Act). (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.28.040)

(1)    When a development is proposed in phases or construction is expected to extend over some period of time, the applicant may offer a schedule of occupancy that limits the occupancy during any given period of time. When there is such an offer, the schedule of occupancy may be used in identifying the improvements or transportation systems management strategies that will be required to be implemented with each phase or time period of the development to comply with project concurrency review.

(2)    All permits based upon a schedule of occupancy must be conditioned so that the improvements or transportation systems management strategies identified as being necessary to comply with project concurrency review are completed prior to each identified development phase (e.g., final plat approval, phased building permit). When an applicant is relying on funded projects to demonstrate transportation concurrency, the funded projects necessary for concurrency with the level of service standards must be identified at the time of the final concurrency decision. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.28.050)

(1)    A project must demonstrate concurrency with the County road segment and road intersection level of service standards as follows:

(a)    The project’s impact on County roads must be compared to the capacity of the County roads, taking into account available and planned capacity and any mitigation measures proposed by the applicant.

(b)    Two separate methodologies are used:

(i)    For evaluating road system concurrency, the Birdsall method, which uses “planned capacity” rather than “physical capacity” in determining roadway improvement needs. Roadways have an unmet need where the ratio of peak hour traffic (V) to planned capacity (PC) is greater than one (V/PC > 1.0).

(ii)    For evaluating individual road concurrency, the Highway Capacity Manual, a document which presents a collection of techniques for determining lane capacity and the best methodologies available at the time of publication for determining congestion based on quality of service or level of service for streets, roads, and highways. The Highway Capacity Manual type methods selected by the County Engineer shall be used to assess individual road segments and intersections capacity.

(2)    The annual concurrency report for County roads (see SCC 14.62.110) will provide the basic starting information for this assessment.

(3)    Traffic information used for the annual report shall be updated as necessary to account for traffic levels from the following development projects if these projects were not considered in the last annual report:

(a)    Traffic from newly constructed development projects;

(b)    Projects for which traffic impacts have been tentatively reserved; and

(c)    Projects for which a final concurrency decision has been made.

(4)    The traffic information used for the annual report shall also be updated and reserved traffic impacts removed as necessary as a result of any discontinued certificates of concurrency and any funded projects after the last annual report.

(5)    Each affected County road segment and affected County intersection shall be reviewed and if necessary analyzed. The applicant may be required to provide a traffic analysis if existing information does not provide adequate information for this assessment.

(6)    There is concurrency with the individual road segment and intersection level of service standards if, taking into account funded projects:

(a)    The level of service on each affected County road segment and each affected County intersection will meet or exceed the standards adopted in the Comprehensive Plan and, if applicable, the Bayview Ridge Subarea Plan; or

(b)    The applicant agrees to modify the project or provide transportation improvements or transportation systems management strategies and/or other binding financial commitments that will result in the level of service on each affected County road segment and each affected County intersection meeting or exceeding the standards adopted in the Comprehensive Plan and, if applicable, the Bayview Ridge Subarea Plan. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. O20030033 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.28.060)

(1)    Development projects required to obtain a concurrency determination for non-transportation concurrency facilities and services shall demonstrate that there is concurrency with each non-transportation concurrency facilities and services as described in the LOS table in the Comprehensive Plan Capital Facilities Element and as follows:

(a)    Water. If the project is within the service area for a public water system as identified in the Coordinated Water Services Plan (CWSP), the applicant must provide a letter of water availability from the applicable water system purveyor and the project must be conditioned as appropriate to provide water system improvements necessary to meet the applicable urban or rural LOS standards. If the project is within the Bayview Ridge UGA, the property owner must connect to the PUD No. 1 water system.

(b)    Sewer. If the project is within an area approved for public sanitary sewer and the applicable sewer purveyor’s Comprehensive Plan, the applicant must provide a letter of sewer availability from the applicable purveyor demonstrating the project complies with all requirements of that purveyor for obtaining sewer service, including any conditions as appropriate for improvements necessary to meet the applicable standards adopted by that purveyor. If the project is within the Bayview Ridge UGA, the owner must submit confirmation of sewer availability from the city of Burlington prior to development approval and must connect to the existing sewer line or extend the line to serve the project.

(c)    Stormwater. The property owner must construct surface and stormwater management improvements consistent with SCC Chapter 14.32, Stormwater Management. Surface and stormwater management improvements must be constructed consistent with the adopted Bay View Watershed Stormwater Management Plan Phase 1.

(2)    Non-transportation concurrency facility and service providers shall be responsible for maintaining and monitoring the available capacity for their facility for the purpose of responding to requests for project concurrency determinations and for responding to requests by the County during the annual concurrency determination. The providers shall take into account existing use of their facility, additional use from anticipated growth, new projects for which capacity has been tentatively reserved and new projects for which a final concurrency decision has been made, and additional capacity available as a result of any discontinued certificate of capacity and capacity improvements that are funded and under construction.

(3)    To demonstrate concurrency with each of the non-transportation concurrency facilities and services, the applicant may:

(a)    Demonstrate that the development will have a lower need for capacity than usual; or

(b)    Modify the application to reduce the need for capacity; or

(c)    Offer binding mitigation measures that will provide additional capacity necessary to maintain the level of service standard upon project occupancy, i.e., the time when a development project is ready to be occupied and will use concurrency facilities and services. It shall be assumed that the entire proposed development will be occupied upon issuance of the initial occupancy permit for the project. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080009 (part); Ord. O20080005 (part): Ord. 20040008 Attch. 3 § 4; Ord. 17938 Attch. F (part), 2000. Formerly 14.28.070)

(1)    A certificate of capacity:

(a)    May only be issued upon payment of any fee due to the service provided and performance of any precondition established in the permit decision as a prerequisite for obtaining such certificate.

(b)    Applies only to the specific land uses, densities, intensities and development projects described in the application and project permit.

(c)    Is not transferable to other property, but may be transferred to new owners of the same property.

(d)    Is valid so long as the accompanying project permit has not expired or been revoked.

(e)    Is valid for any modification of the permits for which the certificate was issued so long as such modification does not require the applicant to obtain a new project permit.

(2)    Any capacity that is not used because the full extent of the development is not built must be returned to the pool of available capacity.

(3)    Tracking Exempt Development. Concurrency facility and service providers must establish a tracking system to account for exempt development in the same manner as certificates of capacity are used to maintain an accounting of traffic impacts on County roads and capacity for non-transportation concurrency facilities and services that have been reserved. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.28.080)

Repealed by Ord. O20160004. (Ord. O20080005 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.28.090)

(1)    It is the responsibility of a city or town to perform project concurrency review for development within the unincorporated portion of a city’s or town’s urban growth area. The County, in its annual concurrency review, must assess concurrency within the unincorporated portions of all urban growth areas.

(2)    Consistent with SCC 14.06.300, Foundations of review, the County must review and condition project permit applications to ensure that project impacts occurring outside of municipal UGAs are mitigated consistent with County road standards and transportation concurrency requirements of SCC 14.62.060. Skagit County must make a final concurrency determination as part of the permit decision pursuant to SCC 14.62.040(2)(f) through (i) and issue a certificate of capacity pursuant to SCC 14.62.080 if the requirements of this Chapter are met. (Ord. O20250005 § 2 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. R20020180: Ord. 17938 Attch. F (part), 2000. Formerly 14.28.100)

(1)    Annual Concurrency Assessment for Roads. The County Engineer must produce a concurrency report for County roads by July 1 of each year to update the status of County roads with respect to concurrency.

(a)    The County Engineer must evaluate the high traffic County road segments (any County road segment on which there are at least 8,000 average daily trips) and high traffic County road intersections (any County road intersection into which the total approach volume is at least 7,000 average daily trips and the approach volume from all of the minor legs totals at least 1,000 average daily trips) using a Highway Capacity Manual type method (as selected by the County Engineer) to determine whether these road segments and intersections comply with the level of service standards adopted in the Comprehensive Plan.

(b)    This evaluation must be based on existing traffic levels plus traffic impacts from development plus traffic impacts from development projects anticipated for completion within the next year based upon a growth projection, upon consideration of projects for which traffic impacts have been tentatively reserved and upon projects for which a final concurrency decision has been made.

(c)    In addition, a projection of those County road segments service standards adopted in the Comprehensive Plan over the next five years shall be made to help in the planning for road system improvement projects.

(d)    Any County road segment or County road intersection, which has fallen below the level of service standards adopted in the Comprehensive Plan, shall be considered concurrent if an improvement project will cause that road segment or intersection to meet or exceed the adopted level of service standards and has been designated on the Six-Year TIP as a funded project. The results of the annual update for individual road concurrency shall be included in the annual report.

(2)    Annual Concurrency Assessment for Non-Transportation Concurrency Facilities and Services.

(a)    By July 1 of each year, the following concurrency facility and service providers must report to the County the total available capacity of their facility or service in units that are directly comparable to the level of service standards established for these facilities and services.

(b)    The annual information submitted by each provider shall take into account current capacity usage, capacity tentatively reserved for pending permit applications, capacity reserved for permitted projects that are not yet fully occupied based upon final concurrency decisions, capacity available as a result of expired, withdrawn or revoked final concurrency decisions and capacity that has been added by the implementation of improvements and strategies.

(c)    By October 1 of each year, the Director must evaluate capacity of the facilities and services set forth above to determine if the level of service standards for each of these facilities and services is being met. The level of service standards to be used in this annual review are set in the Comprehensive Plan Capital Facilities Element.

(3)    Results of Concurrency Assessment.

(a)    The Director must present the annual concurrency assessment to the Board of County Commissioners at or before the start of the annual budget process along with recommendations on action to take in response to the assessment.

(b)    The results of the annual concurrency assessment must be used to update the Capital Facilities Plan and establish the County’s annual budget.

(c)    In the event that the annual concurrency assessment determines that concurrency is not being met for any concurrency facilities and services, the County must evaluate the need for modifications to adopted levels of service standards, reassess the land use element of the Comprehensive Plan, or impose additional requirements or limitations on development until concurrency is obtained. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080005 (part): Ord. O20060007 § 12 (part): Ord. O20030033 (part). Formerly 14.28.110)

The construction of all public and private roads in Skagit County shall comply with the most recent version of the Skagit County Public Works Standards adopted by Resolution of the Board of Skagit County Commissioners. Where required to satisfy a particular grant or funding source, the County may apply such other road construction standards as are required by that grant or funding source, including, but not limited to other State or Federal standards. (Ord. O20250005 § 2 (Exh. A); Ord. 17938 Attch. F (part), 2000. Formerly 14.36.010)

The construction of all stormwater facilities must comply with the requirements of SCC Chapter 14.32, Stormwater Management, and the most recent version of the Skagit County Public Works Standards, adopted by resolution of the Board of Skagit County Commissioners. Where the two conflict, SCC Chapter 14.32 controls. (Ord. O20250005 § 2 (Exh. A); Ord. O20150006 § 2 (Att. A); Ord. 17938 Attch. F (part), 2000. Formerly 14.36.020)

The construction of all sanitary sewer facilities in the Bayview Ridge urban growth area, the Swinomish urban growth area and the Big Lake Rural Village shall comply with the adopted construction standards for the applicable public sewer provider. For areas outside of the Bayview Ridge UGA, the Swinomish UGA and the Big Lake Rural Village, the provisions of the On-Site Sewage Code, SCC Chapter 12.05, shall apply. (Ord. O20250005 § 2 (Exh. A); Ord. 17938 Attch. F (part), 2000. Formerly 14.36.030)

The construction of all water system improvements shall comply with the adopted construction standards for urban or rural areas, whichever is applicable, in the most recent version of the Skagit County Coordinated Water System Plan adopted by Resolution of the Board of Skagit County Commissioners. (Ord. O20250005 § 2 (Exh. A); Ord. 17938 Attch. F (part), 2000. Formerly 14.36.040)

The Board of Skagit County Commissioners (the “Board”) hereby finds and determines that new growth and development in Skagit County will create additional demand and need for public facilities in Skagit County, and the Board finds that new growth and development should pay a proportionate share of the cost of new public facilities needed to serve the new growth and development. Therefore, pursuant to RCW Chapter 82.02, the Board adopts this Chapter to assess impact fees for certain public facilities. The provisions of this Chapter shall be construed as to intent in order to carry out the purposes of the Board in establishing the impact fee program. (Ord. O20250005 § 2 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.010)

(1)    Impact fees are hereby required for all building permits in the categories of development activity identified in the County’s impact fee schedule, which must be adopted by ordinance and must specify the service area for each category of development.

(2)    Impact fees are calculated at the time the building permit is issued at the rate then in effect. Applications do not vest to the impact fees in effect at the time of application.

(3)    Impact fees are due at the time the building permit is issued, except an applicant for a building permit for a single-family residence may defer payment pursuant to this Subsection.

(a)    Deferrals are limited to 20 building permits per applicant, as defined in RCW 82.02.050(3)(g)(i), per year.

(b)    The applicant must grant and record a deferred impact fee lien in favor of the County, on forms provided by the Department, concurrent with the Department’s issuance of the building permit.

(c)    The deferral lasts 18 months or until final inspection, whichever is earlier.

(d)    The Department must withhold certification of final inspection until the applicant pays the impact fees in full.

(4)    When an impact fee is required, the County may also collect an administration fee, per the adopted fee schedule, to cover the cost of administration. (Ord. O20250005 § 2 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. O20150002 § 3 (Att. 2 (part)); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.020)

The definitions in this Section apply throughout this Chapter and control over any conflicting definitions in SCC 14.04.020.

“Developer” means the individual(s) or corporation(s) applying for a permit subject to impact fees under this Chapter.

“Development activity” means a type of construction, placement, conversion or expansion of a residential building or structure, or the siting of a mobile home, or a change in use of a residential building or structure or mobile home, or a change in use of land that creates or has the potential in the present or future to create an additional dwelling unit.

“Encumbered” means to reserve, set aside, or otherwise earmark the impact fees by contract to pay for commitments, contractual obligations, or other liabilities incurred for public facilities as set out in an adopted Capital Facilities Plan.

“Feepayer” means 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 development activity which creates the demand for additional public facilities, and which requires development approval and/or the issuance of a building permit. “Feepayer” also includes an applicant for an impact fee credit.

“Impact fee” means a payment of money imposed by Skagit County on development activity pursuant to this Title as a condition of granting development approval and/or a building permit in order to pay for the public facilities needed to serve new growth and development. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal pursuant to SCC 14.68.070.

“Impact fee account” means the account established for the public facilities for which impact fees are collected. The account(s) must be established pursuant to SCC 14.68.080 and comply with the requirements of RCW 82.02.070.

“Independent fee calculation” means the impact calculation, and/or economic documentation prepared to support the assessment of an impact fee other than by the use of the schedule kept on file in the Department, or the calculations prepared for a district where none of the fee categories or fee amounts in said appendix accurately describe or capture the impacts of the new development on public facilities. (Ord. O20250005 § 2 (Exh. A))

(1)    The County must collect impact fees on behalf of any special purpose district, or a town or city for development within its urban growth area (any of which are referred to in this Chapter as a “district”), that has complied with the provisions of this Section.

(2)    Before the County may collect impact fees on behalf of a district:

(a)    The district must submit its capital facilities plan, impact fee schedule, and impact fee calculations to the County;

(b)    The County must incorporate the district’s capital facilities plan into the County’s Comprehensive Plan;

(c)    The County must adopt the district’s impact fee schedule by ordinance; and

(d)    The County and the district must enter into an interlocal agreement with the district consistent with this Section.

(3)    The interlocal agreement between the County and the district must include the following:

(a)    Procedures for the collection, accounting, and refunds of impact fees consistent with this Chapter;

(b)    A requirement for the district to use the impact fees and any interest earned in accordance with State law governing impact fees;

(c)    A requirement to provide an annual report to the County consistent with RCW 82.02.070;

(d)    A requirement for the district to indemnify the County against any claim for refunds or challenges to payment of the impact fees for that district.

(4)    The County’s collection of an administration fee, pursuant to SCC 14.68.020, is in addition to any impact fees collected for a district. The County will not collect a district’s own administration fees. (Ord. O20250005 § 2 (Exh. A); Ord. O20150010 § 3 (Exh. C). Formerly 14.30.030)

(1)    The following are exempt from the payment of all impact fees:

(a)    That portion of any housing development reserved or set aside exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions, approved by the County and any affected district, are recorded on the property;

(b)    Accessory dwelling units;

(c)    Replacement to a similar intensity of a residential structure or mobile home having been actively occupied for the three previous years with a new residential structure or mobile home at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure or the removal of the mobile home;

(d)    Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit or units where no additional units are created and the use is not changed;

(e)    The construction of accessory structures to a residential use that will not create additional impacts on public facilities;

(f)    Miscellaneous improvements, including, but not limited to, fences, walls, swimming pools, and signs;

(g)    Demolition or moving of a structure.

(2)    Certain development approvals are exempt from the payment of impact fees if mitigation has already been provided, as specified below. All units are exempt from the payment of impact fees if:

(a)    A developer and the County and the affected district have entered into a voluntary agreement (as authorized by RCW 82.02.020) for the payment of fees, dedication of land, or the construction of a public facility segment by the developer; or

(b)    A SEPA mitigation condition exists imposing the obligation of the payment of fees, dedication of land, or the construction of a public facility segment upon the developer on behalf of the district; or

(c)    A land division condition exists imposing the obligation of the payment of fees, dedication of land, or the construction of a public facility segment upon the developer on behalf of the district.

    Provided, however, that no exemption is allowed if the voluntary agreement, SEPA mitigation condition, or land division condition indicates that payment of the impact fee is necessary. Additionally, no exemption is allowed until the developer has provided the Director documentation demonstrating compliance with the terms of the voluntary agreement, SEPA mitigation condition, or land division condition.

(3)    The Director is authorized to determine, after consultation with any affected district, whether a particular development activity falls within an exemption identified in this Section, in any other Section, or under other applicable law. Determinations of the Director must be in writing and are subject to the appeals procedures in SCC 14.68.070. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.040)

(1)    If a development subject to an impact fee is approved subject to a condition that the applicant construct a public facility that is identified in the County’s or affected district’s capital facilities plan and is acceptable to the County and any affected district, the development applicant is entitled to a credit for the actual cost of providing the facility against the impact fee for that type of public facility.

(2)    For each request for a credit or credits, once the County has determined that the dedication improvements and/or construction would be suitable for district purposes, the County must select an appraiser. The appraiser shall be directed to determine the value of the dedication, improvements, or construction provided by the feepayer on a case-by-case basis.

(3)    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 Director may be providing to the feepayer, in the event that a credit is awarded.

(4)    After receiving the appraisal and after consultation with any affected district, the Director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the donation, 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.

(5)    Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit.

(6)    For each request for a credit for significant past tax payments made for particular public facility system improvements, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvements.

(7)    Determinations made by the Director pursuant to this Section shall be subject to the appeals procedures set forth in SCC 14.68.070. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.050)

Repealed by Ord. O20150010. (Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.060)

(1)    Any feepayer may pay the impact fees imposed by this Chapter under protest in order to obtain a project permit approval. Appeals regarding the impact fees imposed on any development activity may be made by the feepayer. No appeal is permitted unless and until the impact fees at issue have been paid.

(2)    The Director’s determinations with respect to the applicability of the impact fees to a given development activity and/or building permit, the availability of an exemption, the availability or value of a credit, or the Director’s decision concerning the independent fee calculation which is authorized in SCC 14.68.130, or the fees imposed by the Director pursuant to SCC 14.68.020(4), or any other determination which the Director is authorized to make pursuant to this Chapter, can be appealed following the process for review in SCC 14.06.150.

(3)    If the Director makes a determination on an adjustment, credit, exemption, or independent fee calculation contrary to or inconsistent with the determination or analysis prepared by a district, the district may appeal the Director’s determination following the process for review in SCC 14.06.150. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.070)

Repealed by Ord. O20150010. (Ord. O20150002 § 3 (Att. 2 (part)); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.080)

(1)    If the County or a district fails to expend or encumber the impact fees within the period established by statute, or where extraordinary or compelling reasons exist, within such other time periods established pursuant to SCC 14.68.100(5), 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 County, based on consultation with any affected district and the Skagit County Treasurer, shall notify potential claimants by first-class mail deposited with the United States Postal Service at the last known address of such claimants. Fees are identified with land parcels; therefore, a potential claimant or claimant must be the owner of the property at the time refunds are initiated.

(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 and expended on a related type of public facility for which the fees were originally collected.

(5)    Refunds of impact fees under this Section shall include any interest earned on the impact fees.

(6)    Per RCW 82.02.080(2), when the County 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 County 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 a district, but must be expended for the appropriate facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

The County shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, when the developer does not proceed with the development activity and no impact has resulted; except that, if a district has expended or encumbered the impact fees in good faith prior to the application for a refund, the district can decline to provide the refund. (Ord. O20250005 § 2 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.090)

(1)    Pursuant to this Chapter, impact fees:

(a)    Shall be used for public facility improvements of the district that will reasonably benefit the new development; and

(b)    Shall not be imposed to make up for deficiencies in the district’s facilities serving existing developments; and

(c)    Shall not be used for maintenance or operation.

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

(3)    Impact fees may also be used to recoup public facility improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements or incurred costs and provided the proposed impact fee otherwise meets the requirements of RCW 82.02.050 through 82.02.100.

(4)    In the event that bonds or similar debt instruments are or have been issued for the construction of public facility or system 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. Capital facilities plans using impact fees for the purpose of assisting in the provision of capital facilities of facility systems must clearly differentiate between funds used for new improvement and those funds used to correct existing deficiencies.

(5)    Impact fees must be expended or encumbered within the period identified in RCW 82.02.070, unless the Board identifies in written findings extraordinary and compelling reason or reasons for holding the fees beyond the statutory period, after consultation with any affected district. (Ord. O20250005 § 2 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.100)

Repealed by Ord. O20150010. (Ord. 17938 Attch. F (part), 2000. Formerly 14.30.110)

Repealed by Ord. O20150010. (Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.120)

(1)    If a district believes in good faith that none of the fee categories or fee amounts in the adopted impact fee schedule accurately describe or capture the impacts of a new development, the district may conduct independent fee calculations and submit such calculations to the Director. The Director, as part of a project permit review, may impose alternative fees on a specific development based on the calculations of the district, or may impose alternative fees based on the calculations of the Department. 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 the adopted impact fee schedule, then the feepayer shall prepare and submit to the County and any affected district an independent fee calculation for the development activity for which final land division, or other development approval, or a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The County and any affected district shall review the independent fee calculation and provide an analysis to the Director concerning whether the independent fee calculation should be accepted, rejected, or accepted in part. The Director, as part of a project permit review, may adopt, reject, or adopt in part the independent fee calculation based on the analysis prepared by the district, or may impose alternative fees based on the calculations of the Department, the feepayer’s independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer and to the district.

(3)    Any feepayer submitting an independent fee calculation will be required to pay the County a fee to cover the cost of reviewing the independent fee calculation. The fee shall be $500, plus any additional staff time spent in the review and the cost of consultant services if the County deems these services to be necessary. The County shall require the feepayer to post a cash deposit of $500 prior to initiating the review.

(4)    While there is a presumption that the calculations set forth in a district’s capital facilities plan are valid, the Director shall consider the documentation submitted by a feepayer and the analysis prepared by a district, but is not required to accept such documentation or analysis which the Director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer or the district 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 fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer and to the affected district.

(5)    Determinations made by the Director pursuant to this Section may be appealed subject to the procedures set forth in SCC 14.68.070. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. O20070009 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.130)

Nothing in this Chapter shall preclude the County from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, RCW Chapter 43.21C, based on the environmental documents accompanying the underlying development approval process, and/or RCW Chapter 58.17, governing land divisions and subdivisions; provided, that the exercise of this authority is consistent with RCW 43.21C.065 and 82.02.100. (Ord. O20250005 § 2 (Exh. A); Ord. O20150010 § 3 (Exh. C); Ord. 17938 Attch. F (part), 2000. Formerly 14.30.140)