Snohomish City Zoning Code
CHAPTER 14
300 Park Impact Fees
14.300.010 Purpose and Authority.
A. Purpose. The purposes of this chapter are to: maintain an impact fee program consistent with the Comprehensive Plan for the joint public and private funding of public parks facilities necessitated by development; ensure that parks, recreation, and trail facilities necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing service levels below established minimum standards for the City; and establish standards and procedures so that new development pays a proportionate share of costs for facilities and services necessary to serve growth and does not pay arbitrary or duplicative fees for the same impact.
B. Authority. The City of Snohomish’s impact fee financing program has been developed pursuant to the City of Snohomish’s policy powers, the Growth Management Act as codified in Chapter 36.70A RCW. The authority to administer and implement this chapter shall be vested in the Public Works Department and its Director (“Director”). (Ord. 2519, 2025)
14.300.020 Findings.
A. The City must expand its park system to maintain park standards if new development is to be accommodated without decreasing levels of service. This must be done to promote and protect the public health, safety, and welfare.
B. The Washington State legislature, through the enactment of the Washington State Growth Management Act (Chapter 36.70A RCW) has authorized local jurisdictions to impose and collect impact fees to fund public facilities that serve growth.
C. The imposition of impact fees is one of the preferred methods of ensuring that new development bears a proportionate share of the cost of capital facilities necessary to accommodate new growth.
D. Growth and development, including new residential and non-residential development, will create additional demand and need for acquisition or expansion of public parks and facilities in the City, and the construction of recreational facilities and other park improvements.
E. Growth and development should pay its proportionate share of the costs of the facilities needed to serve the growth and development in the City.
F. The fees established in this chapter are derived from, based upon, and do not exceed the costs of providing additional park and park improvements necessitated by the new land developments for which the fees are levied. (Ord. 2519, 2025)
14.300.030 Park Impact Fee Assessment and Administration.
A. The City shall collect park impact fees from applicants obtaining development approvals from the City for any development activity in the City for which building permits are required, effective July 2025, consistent with the provisions of this chapter.
B. Unless exempt under SMC 14.300.080 or deferred pursuant to this section, no new building permit or new permit for any activity requiring payment of an impact fee pursuant to this chapter shall be issued until the park impact fee has been paid.
C. Impact fees shall be imposed upon development activity in the City based upon the schedule set forth in this chapter and shall be collected by the City from any applicant where such development activity requires development approval for the lot, unit, or other development type has not been previously paid.
D. Park impact fees do not vest with a complete application and shall be calculated according to the rate in effect at the time that the park impact fee is paid.
E. The deferral of impact fees shall be allowed only for single-family attached and detached development being constructed by an applicant having a contractor registration number or other unique identification number and in accordance with the following provisions.
1. The following definitions shall apply for the purposes of this subsection.
a. “Applicant” is consistent with the definition of RCW 82.02.050(3)(g), including an entity that controls, is controlled by, or is under common control with the applicant.
b. “Common control” means two or more entities controlled by the same person or entity.
c. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise.
2. An applicant wishing to defer payment of park impact fees for park system improvements shall:
a. Submit a signed and notarized deferred fee application and completed lien form concurrently with the building permit application for the building subject to the fee; and
b. Submit a certification that the applicant has requested no more than a total of 20 deferred park impact fee requests in the calendar year with the City; and
c. Pay a nonrefundable administrative fee of $300.00 for each unit or lot of a single development project for which the deferral of the fee is requested.
3. The lien shall:
a. Be in a form approved and provided by the City;
b. Be signed by all owners of the property, with all signatures acknowledged as required for a deed;
c. Include the legal description, property tax account number, and address for each unit or lot the lien will encumber;
d. Be binding and subordinate to all successors in title after the recording;
e. Be junior and subordinate to a first mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees, but in no case shall the lien be in less than second place.
4. The lien shall be recorded by the applicant at their own expense, and a conformed copy of the recorded document shall be provided to the City prior to issuance of the building permit that is subject to the park impact fee.
5. Each applicant eligible to defer park impact fees shall only be entitled to annually receive deferrals for up to a total of 20 building permits within the City.
6. The deferred park impact fee shall be paid in full prior to whichever of the following occurs first:
a. Issuance of a certificate of occupancy;
b. The closing of the first sale of the property occurring after the issuance of the applicable building permit for which the fees were deferred; or
c. Eighteen months from the date of building permit issuance.
7. If the building permit for which park impact fees were deferred is located within a subdivision, short subdivision, planned residential development, or unit lot subdivision, the final plat or final short plat document shall be recorded prior to recording the lien for fees and issuance of the building permit.
8. After the applicant has paid all deferred park impact fees, the applicant is responsible for submitting a lien release application to the City. The applicant, at their own expense, shall be responsible for recording lien releases.
9. Compliance with the requirements of the fee deferral option shall constitute compliance with land use approval conditions pertaining to the timing of the fee payment.
10. If deferred park impact fees are not paid in accordance with the terms authorized by state law and this section, the City may initiate foreclosure proceedings for the unpaid impact fees and all costs associated with the collection of the unpaid fees. (Ord. 2519, 2025)
14.300.040 Use of Park Impact Fees.
Because the City’s size allows its park and recreation facilities to provide a reasonable benefit to its entire population regardless of their location within the City, the service area for the park impact fee shall be the entire City of Snohomish. The boundary within which impact fees will be charged shall include all unincorporated areas annexed to the City on and after the effective date of the ordinance codified in this chapter. Park impact fees collected by the City shall be used as described below:
A. Funds collected from park impact fees shall be used solely for the purpose of making capital improvements to parks, open space, and recreational facilities under the jurisdiction of the City of Snohomish.
B. Park impact fees shall be used for park facilities that will reasonably benefit new residents, businesses, employees, and customers generated by development, and only for park facility capacity improvements identified in the City’s adopted capital facilities program.
C. Fees shall not be used to make up deficiencies in City facilities serving an existing development.
D. Fees shall not be used for maintenance and operations, including personnel.
E. Park impact fees shall be used for but not limited to: land acquisition; site improvements; engineering and architectural services; permitting; financing; administrative expenses and applicable mitigation costs; and capital equipment pertaining to parks facilities.
F. Park impact fees may also be used to recoup public improvement costs incurred by the City to the extent that new residents, businesses, employees, and customers generated by development will be served by the previously constructed park improvement.
G. In the event bonds or similar debt instruments are or have been issued for park facility improvements, impact fees may be used to pay the principal on such bonds.
H. Impact fees shall be expended or encumbered by the City for a permissible use within 10 years of receipt by the City, unless there exists an extraordinary or compelling reason for fees to be held longer than 10 years. The City Council shall identify the City’s extraordinary and compelling reasons for the fees to be held longer than 10 years in the Council’s own written findings.
I. At least once each fiscal period, the Finance Director shall present to the City Council a proposed capital improvement program (CIP) for parks, assigning funds, including any accrued interest from the several park impact fee funds to specific park improvement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal period shall be retained in the same park impact fee funds until the next fiscal period, except as provided by the refund provisions of this chapter.
J. Funds may be used to provide refunds as described in SMC 14.300.090. (Ord. 2519, 2025)
14.300.050 Park Impact Fee Schedule and Formula.
A. Determination of Impacts. Park impact fees shall be imposed on the following types of new development:
1. Residential development that results in an increased number of dwelling units.
i. Accessory dwelling units shall be assessed pursuant to SMC 14.170.030(F), or according to the master fee schedule, whichever results in a lower fee.
2. Non-residential development that results in an increase of gross interior floor area.
B. Calculation. Park impact fees are assessed based on square footage, as set forth in the master fee schedule.
1. If mixed use development approval is requested, then the fee shall be the aggregated sum of the fees calculated separately for apportioned space committed to each use as specified on the schedule.
2. If the type of development activity that is applied for is not specified on the master fee schedule, the Director shall determine the most comparable fee based on the type of development activity or land use on the master fee schedule. The Director shall be guided in the selection of a comparable type by the Snohomish Comprehensive Plan and by this title. If the Director determines that there is not a comparable development activity or land use, then the Director shall determine the appropriate fee by considering demographic or other documentation that is available from state, local, and regional authorities.
3. In the case of a proposed change from non-residential to residential use, the impact fee shall be the applicable impact fee for each dwelling unit created, less any impact fee previously paid for the equivalent square footage of the prior non-residential use. If the prior non-residential use predated July 2025, no impact fee was required for the prior use and the reduction amount is zero.
4. In the case of a proposed change from residential to non-residential use, the impact fee shall be the applicable impact fee for the non-residential use, less any impact fee previously paid for the prior residential use.
5. In the case of redevelopment, expansion, or modification of an existing non-residential use, the impact fee shall be the applicable impact fee applied to the net positive increase in non-residential square footage; provided, that no impact fee shall be assessed if there is no increase or a net decrease in non-residential square footage.
6. In the case of redevelopment, expansion, or modification of an existing residential use, the impact fee shall be the applicable impact fee applied to the net positive increase in the number of dwelling units; provided, that no impact fee shall be assessed if there is no increase or a net decrease in the number of dwelling units.
7. In the case of redevelopments and/or changes of use that result in a calculated impact fee that is lower than any impact fee previously paid for the prior development or use, the City shall not be obligated to pay the difference in fees to the proponent(s) or owner(s) due to the change in development conditions.
C. Annual Adjustment. The park impact fees established in this section shall be adjusted annually, effective January 1st, in accordance with the Engineering News-Record City average cost indexes for the Seattle region as of the last quarter of the year preceding the adjustment, or three percent, whichever is lower. (Ord. 2519, 2025)
14.300.060 Alternative Calculation Methods.
A. As an alternative method of calculation of the park impact fee according to the fee schedule in SMC 14.300.050, a developer may opt to prepare and submit an independent fee calculation study for the requested development activity. Any such study shall be prepared at the developer’s sole cost and expense. The independent fee calculation study shall comply with the following standards:
1. The study shall follow accepted impact fee assessment practices and methodologies.
2. The study shall use acceptable data sources and the data shall be comparable with the uses and intensities proposed for the proposed development activity.
3. The study shall comply with the applicable state laws governing park impact fees.
4. The study, including any data collection and analysis, shall be prepared and documented by professionals qualified in their respective fields.
5. The study shall show the basis upon which the independent fee calculation was made.
B. The Director shall consider the independent fee calculation study submitted by the developer but is not required to accept such study if the Director decides that the study is not accurate or reliable. The City may, in the alternative, require the person submitting the study to submit additional or different documentation for consideration. If the City decides that outside experts are needed to review the study, the developer shall be responsible for paying the cost of review by outside experts.
C. If an acceptable independent fee calculation study is not presented, the developer shall pay the impact fees based upon the process and schedule set forth in SMC 14.300.050. If an acceptable independent fee calculation study is presented, the Director may adjust the fee to that amount appropriate to the particular development activity. (Ord. 2519, 2025)
14.300.070 Credits and Adjustments.
A. Credits. In computing the fee applicable to a given development, credit may be given for the fair market value measured at the time of dedication, for any dedication for, improvement to, or new construction of any park system improvements that are identified in the Comprehensive Plan capital facilities element and that are required by the City as a condition of approving the development activity.
B. Adjustments. The City Council is authorized to adjust the impact fees to be calculated under this chapter where the developer demonstrates that unusual circumstances make the standard impact fee applied to such development unfair or unjust. The circumstances that form the basis for the adjustment shall not be circumstances that are generally applicable to similar land uses or to similar development activity in the vicinity. Unusual circumstances may include that the development activity will have substantially less impact on the system than other development activities in the same land use category. Any request for an adjustment shall be made no later than the time of the initial application triggering imposition of impact fees. Adjustments granted under this section shall not be transferable from one property, project, or development activity to another.
C. Payment Under Protest. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. (Ord. 2519, 2025)
14.300.080 Exemptions.
The following development activities shall be exempted from payment of impact fees:
A. Rebuilding or replacement of the following activities:
1. An existing legally established dwelling unit(s) where no additional dwelling unit(s) is/are created.
2. An existing legally established dwelling unit(s) where a park impact fee for such unit(s) has been previously paid pursuant to this chapter.
3. An existing legally established non-residential building where no additional floor area is added.
4. An existing legally established non-residential building where a park impact fee for such building has been previously paid pursuant to this chapter.
B. Alteration or expansion of an existing residential building where no additional residential units are added and where the use is not changed; and/or
C. The construction of accessory buildings or structures on residential lots, other than accessory dwelling units.
D. The installation of a replacement mobile home on a lot or other such site when a park impact fee for such mobile home site has previously been paid pursuant to this chapter or where a mobile home legally existed on such site on or prior to the effective date of the ordinance codified in this chapter. Any claim or exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
E. Condominium projects in which existing dwelling units are converted into condominium ownership where no new dwelling units are created and the size of each dwelling unit is not increased by more than 100 square feet.
F. Previous mitigations where:
1. The development activity is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act (SEPA).
2. The development activity for which park impacts have been mitigated pursuant to a condition of plat or PRD approval to pay fees, dedicate land or construct or improve park facilities, unless the condition of the plat or PRD approval provides otherwise; provided, that the condition of the plat or PRD approval predates the effective date of fee imposition as provided herein.
3. Any development activity for which park impacts have been mitigated pursuant to a voluntary in-kind agreement entered into with the City to pay fees, dedicate land, or construct or improve park facilities, unless the terms of the voluntary agreement provide otherwise; provided, that the agreement predates the effective date of fee imposition as provided herein. (Ord. 2519, 2025)
14.300.090 Refunds.
A. The City shall provide for the refund of fees according to the requirements of this section and RCW 82.02.080.
B. If development approval expires without commencement of construction, then the developer shall be entitled to a refund of the impact fee paid as a condition for its issuance except that the City of Snohomish shall retain six percent of the fee to offset a portion of the costs of collection and refund. The developer must submit an application for such a refund to the Finance Director within 30 days of the expiration of the permit.
C. The fees collected pursuant to this chapter shall be obligated or expended in all cases within 10 years of collection, unless documented extraordinary circumstances cause the fees to be held longer.
D. Any funds not expended or encumbered by the end of the calendar quarter immediately following 10 years from the date the park impact fee was paid shall, upon application by the current landowner, be returned to such landowner, with interest; provided, that the landowner submits an application for a refund to the City of Snohomish within one year of the expiration of the 10-year period.
E. Any impact fees that are not expended or encumbered by the City in conformance with the capital improvement program (CIP) within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section.
F. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the City on invested funds throughout the period during which the fees were retained.
G. If the City seeks to terminate park impact fee requirements of this chapter, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this section. Upon a determination to terminate such impact fee requirements, the City shall publish a notice of such termination and the availability of refunds in the City’s newspaper of circulation at least two times and shall notify all potential claimants by first-class mail to the last known address of claimants. A request for a refund must be submitted to the City Council in writing within one year of the date that the notice is given. Any impact fees for which no application for refund has been made within the one-year period shall be retained and expended on the indicated capital facilities. No notice shall be required if there are no unexpended or unencumbered balances within the account at the time of termination. (Ord. 2519, 2025)
14.300.100 Appeals.
Determinations made by City staff with regard to park impact fees and this chapter related to a development activity, or to the availability of a credit, may be appealed to the Hearing Examiner pursuant to this section. An appeal shall be filed within 14 calendar days of payment of the impact fees under protest or within 14 calendar days of the City’s issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the reasons for the appeal and paying the accompanying appeal fee as set forth in the master fee schedule for land use decisions. Appeals for park impact fees imposed on any development activity may only be submitted by the fee payer of the property where such development activity will occur. No appeal may be filed unless and until the impact fee at issue has been paid. (Ord. 2519, 2025)
14.300.110 Authority Unimpaired.
Nothing in this chapter shall preclude the City from requiring the fee payer to mitigate adverse environmental effects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C and/or 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. (Ord. 2519, 2025)
14.300.120 No Special Duty.
It is the purpose of this chapter to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City or its officers, agents, and employees for any injury or damage resulting from the failure to comply with the provisions of this chapter or be a reason or a consequence of any inspection, notice or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the City related in any manner to enforcement of this chapter by its officer, agents, or employees. (Ord. 2519, 2025)