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ORD 2055 -J ORDINANCE NO * AN ORDINANCE modifying Section 3 . 88 . 030 of the Camas Municipal Code by adding definitions to the City impact fee ordinance , adding a new. section to Chapter 3 . 88 of the Camas Municipal Code requiring- findings of adequacy for planned facilities , amending Section 3 . 88 . 120 of the Camas Municipal Code by revising the procedures for collection of impact fees , amending Section 3 . 88 . 130 of the Camas Municipal Code by revising the exemptions from impact fees , adding a new section to Chapter 3 . 88 of the Camas Municipal Code providing for an independent fee calculation of impact fees , adding- a new subsection to Section 3 . 88 . 160 of the Camas Municipal_ Code relating to accounting- procedures for impact fees , adding a new subsection to Section 3 . 88 . 170 of the Camas Municipal. Code pertaining to the expenditure of impact fees , and- adding a new section to Chapter 3 . 88 of the Camas Municipal Code providing for an annual review of impact fees . THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS : Section I Section 3 . 88 . 030 of the Camas Municipal Code is amended to provide as follows . 3 . 88 . 030 _ Definitions . The following definitions shall apply for purposes of this chapter unless the context clearly requires otherwise . Terms otherwise not defined herein shall be defined pursuant to RCW 82 . 02 . 090 , or given their usual and customary meaning . A . " Act " means the Growth Management Act , Chapter 17 , Laws of 1990 , ist Ex . Sess . , Chapter 36 . 70A RCW et seq . , and Chapter 32 , Laws of 1991 , lst Sp . Sess . , as now in existence or as hereinafter amended . Be " Building permit " means the permit required for new construction and additions pursuant to Chapter 15 . 04 of the Camas Municipal Code . The term building permit , as used herein , shall not be deemed to include permits required for the remodeling ,- rehabilitation , or other improvements to an existing structure or rebuilding a damaged or destroyed structure , provided there is no increase in the applicable unit of measure for non - residential construction or number of dwelling units for residential construction . co " Capital facilities plan " means the capital facilities plans adopted by the council as part of the capitai facilities element of the compre - hensive plan for Camas . D . " Capital facliities " means the facilities or improvements oracting _ ---engineer for the city . E0 " City engineer means the officially appointed or acting- city engineer for the city . F . " City " means the City of Camas . Ordinance No . Page 2 G . " CMC " refers to the Camas Municipal Code . Ho " Council means the city council of the City of Camas . i * " County " means Clark County . J . " Department " means the city planning department . K . " Developer " means an individual , group of individuals , partnership , corporation , association , municipal corporation , state agency , or other person undertaking development activity , and their successors and assigns . Imo . " Development activity " means any construction or expansion of a building or structure , or any change in use of a building ® or the subdivision of 1 and ; or plat approval , PUD or PRD approva :i , boundary line adjustment , or any change in land use that creates additional demand and need for public schools , public streets and roads , publicly owned parks , open space and recreational. facilities , and fire protection facilties . M . Development approval " means any written authorization from the city which authorizes the commencement of a development activity , including , but not 11mited to , building permit , plat approval , PUD or PRD approval , binding site plan approval , boundary li Ordinance_ No . 6 Page 3 to serve new growth and development , and that is reasonably related to the new development that creates additional demand and need for public facilities , that is a proportionate share of the cost of the public facilities , and that is used for facilities that reasonably benefit the new development . Impact fee does not include reasonable permit or application fees . The. .impact fee hereby imposed consists of a traffic fee component , a part impact fee component , an open space impact fee component , a fire facility impact fee component , and a school impact fee component . T . " ° Independent fee calculation " means the impact fee calculation , and / or economic documentation prepared by a fee payer , to support the assessment of an impact f ee other than by the use of the schedules in Sections 3 . 88 . 060 to 3 . 88 . 100 of this chapter , or the calculations prepared by the planning director or city engineer where none of the impact fee categories or impact fee amounts in Sections 3 . 88 . 060 to 3 . 88 . 100 accurately describe or capture the impacts of the development activity on public streets and roads , publicly owned parks , open space and recreational fac it i ties , and fire protection facilities . U . " " Low - income housing. of means a single - family or multifamily rental housing development , the construction of which is either undertaken by a housing authority operated pursuant to RCw Chapter 35 . 82 , or financially assisted pursuant to a federal. : state or local governmental 1 ow - income housing program ; provided , however , that the term sha 1 1 apply only to the number of units within such housing development as are required to be rented to low income tenants . v . " Owner " means the owner of record of real property , or a person with an unrestricted written option to purchase property ; provided , that if the real property is being purchased under a recorded real estate contract , the purchaser shall be considered the owner of the real property . w . " ' Park impact fee " means the impact fee designated to pay for publicly owned parks , open space and recreational facilities . X . " Parks director " means the officially appointed or acting director of the city parks and recreation department , also referred to herein as a " department head " . Y . " Planned facilities " shall mean public streets and roads , publicly owned parksd open space and recreational facilities , and fire protection f ac; il itie .f?� included in the capital facilities element of the comprehensive plan for Camas . Z . " Planned residential development " ( PRD ) or " planned unit development ( PUD ) shall be as defined in Section 1. 8 . 92 . 020 of the CMC . Ordinance No . Page 4 AA " Planning director " shall mean the officially appointed or acting director of the city planning department . BB . " Project improvements " " mean site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project , and are not system improvements . No improvement or faculty included in the capital facilities plan approved by the city council shall be considered a project improvement . CC . " Public facilities if mean the following capital facilities owned or operated by government entities . public: streets and roads ; publicly owned parks , open space , and recreational facilities ; school facilities ; and fire protection facilities of the city of Camas . DDS If service area " " means a geographical area defined by the city of Camas in which a def _fined set of public facilities provide service to development within the area . EE . " Standard of service ` " means the quantity and quality of service which the city council has determined to be appropriate and, desirable for the city . A measure of the standard of service may include , but is in no way limited to , maximum .levels of congestion on city streets and roads , maximum wait at stops , maximum fire department response times , minimum fire suppression capabilities , minimum park and open space required for a variety of types of parks and open space ; minimum distance from residences to parks , and / or any ether factors or standards the city council may deems. appropriate . FF . " System improvements " mean public facilities that are included in the capita. i facilities plan and are designed to provide service to service areas within the community at large , in contrast to project improvements . GGo " Temporary dwelling units " means a development that provides temporary housing for individual persons for one or more days . HH . " Traffic impact fee " means the impact fee designated to pay for public streets and roads . II . " Unit " means any building or portion thereof which ilities including provisions for contains living fac sleeping , cooking , eating , and sanitation , as required by the city , for not more than one family and including site - built buildings , mobile / manufactured homes and modular homes ® JJ0 voluntary agreement " means an agreement between a developer and the city as authorized by HCW 82 . 02 . 020 . Ordinance No . Page 5 Section II There is hereby added to the Camas Municipal Code a new section It I to provide as follows : Section 3 . 88 . 055 - Findings of Adequacy . A . Prior to approving proposed plats , planned residential orplanned unit developments or binding site plans , or granting other development approvals , the council or administrative personnel , as appropriate , shall . make written findings that appropriate provisions are made for planned facilities . Findings of adequacy shall be based on the city ' s standards of service . Be Compliance with this requirement shall . be sufficient to satisfy the requirements of RCW 58 . 17 . 110 f 58 . 17 . 060 and the Act . The findings shall be made at the time of preliminary plat , PRD , PUD , binding site plan or other development approval . Ca The city shall not approve applications for preliminary plats , PRD , PUD , binding site plans or other development approvals , unless the city is able to make the findings of adequacy ; provided , that if the fee payer opts to dedicate land , to provide improvements , and / or construction consistent with the requirements of CMC 3 . 88 . 140 governing credits , where appropriate , the city may make such findings . D . If any party for any reason is able to exempt itself from the operation of this chapter , the city reserves the right to review its Mand use plan in conjunction with its capital facilities plans in order to ensure adequacy . In the event that the impact fees that might have been paid would have been an integral part of the financing to ensure adequacy , the city reserves the right to deny approval for the development on these grounds . Section III Section 3 . 88 . 120 of the Camas Municipal Code is amended to provide as follows : 3 . 88 . 120 - Collection of Fees . A . The city shall collect impact feesf based on the schedules in Section 3 . 88 . 060 to 3 . 88 . 100 , from any applicant seeking a building permit from the city . Be Except as may be due to exemptions or credits provided pursuant to the applicable CMC , or pursuant to an independent fee calculation accepted by the planning director as outlined in Section 3 . 88 . 135 , or impact fees imposed by the planning director pursuant to Section 3 . 88 . 135 , the city shall not issue a building permit ( s ) unless and until_ the impact fees set forth in the schedules .in this chapter have been paid . r Ordinance No . r Page 6 Section IV Section 3 . 88 . 130 of the Camas Municipal Code is revised to read as follows Section 3 . 88 . 130 - Exemptions . A . The following shall be exempted from the payment of all impact fees 1 . Replacement of a demolished or destroyed structure of the same size and use , and located on the same parcel or lot as that of the demolished or destroyed structure . Said replacement must occur within five ( 5 ) years of the date the structure wa demolished or destroyed . The owner of a demolished or destroyed structure shall be required to submit a copy of a demolition permit , utility bill or other acceptable documentation that proves the structure in question existed within the appropriate time frame . The owner wi l .�_ receive a unit f or unit exemption f or .residential uses . Exemptions for commercial or industrial users will. be based on the level of impact generated by the new use as it compares to the existing or previous use . Conversion of a lesser impact land use to a greater .impact land use will require the payment of the appropriate impact fees . The new f ee will be based on the total impact generated by the new land use , minus the similar impact fee associated with the existing land use . Conversion of a greater .land use to a lesser rand use will not be entitled to reimbursement of impact fees . 2 . Alterations , expansion , enlargement , remodeling , rehabilitation or conversion of an existing unit where no additional units are created and the use is not changed . 3 . The construction of accessory structures that will not create significant impacts on planned facilities . 4 . Miscellaneous improvements , including , but not limited to , fences , walls , swimming pools , and signs . 5 . A structure moved from one location within the city to another location within the city . The vacated iot will not be exempted from paying all appropriate impact fees . In the event the structure is moved outside the city , the vacant lot wi l l be eligible for impact fee exemptions if all applicable criteria can be satisfied . 6 . Public school districts , provided however , this shall not relieve the public school district from constructing planned facilities associated with any particular project . This exemption does not apply to private schools , parochial or trade schools , colleges or universities . , , Ordinance No . Page 7 B . Except as otherwise provided pursuant to the terms of a voluntary agreement entered into between the city and a developer , the payment of fees , the dedication of J_ and , or the construction of planned facilities by the developer pursuant to the terms of a voluntary agreement negotiated with the city with specific reference to the improvements identified in the capital facilities plans and in anticipation of the imposition of impact fees , and entered into between the city and a developer prior to the effective date of the ordinance codified in this chapter , shall be deemed to be complete mitigation for the impacts of the specific development on the planned facilities . The units in such development may be charged a reduced fee pursuant to an independent fee calculation under CMC 3 . 88 . 135 . The developer shall provide the planning director documentation demonstrating compliance with the terms of the voluntary agreement . Co Except as otherwise provided pursuant to the terms of a plat condition or a SEPA mitigation condition , the payment of fees , the dedication of land , or the construction of planned facilities by the developer pursuant to the terms of a plat condition or a SEPA mitigation condition negotiated with the city with specific reference to the improvements identified in the capital facilities plan and in anticipation of the imposition of impact fees , and imposed prior to the effective date of the ordinance codified in this chapter , shall. be deemed to be complete mit _ifation for the impacts of the specific development on the planned facilities . The units in such development may be charged a reduced fee pursuant to an independent fee calculation under CMC 3 , 88 . 135 . The developer shall_ provide the planning director documentation demonstrating compliance with the terms of the voluntary agreement ® D . The planning director shall be authorized to determine 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 planning director shall be in writing and shall be subject to the appeals procedures listed in Section 3 . 88 . 150 of the CMC . Section V There is hereby added to the Camas Municipai Code a new section to provide as follows : Section 3 . 88 . 135 _ Independent Fee Calculation . A ® If the planning director believes in good faith that none of the impact fee categories or impact fee amounts set forth in the schedules in Sections 3 . 88 . 060 through 3 . 88 . 100 accurately calculate the impacts of a development activity on planned facilities , the planning director may conduct :independent fee caiculations . The planning director nay impose alternative impact fees Ordinance No . '� Page 8 on a specific development activity based on these calculations . The alternative .impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer . B . If a fee payer opts not to have the impact fees determined according to the schedules in sections 3 . 88 . 060 through 3 . 88 . 100 , then the fee payer shall prepare and submit to the planning director an independent fee calculation for the development activity for which final plat , PRD , PUD , binding site plan , 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 appropriate department heads shall review the independent fee calculation and provide an analysis to the planning director concerning whether the independent fee calculation should be accepted , rejected , or accepted in part . The planning director may adopt , reject , or adopt in part , the independent fee calculation based on the analysis prepared by appropriate department heads , and based on specific characteristics of the development activity , ' and / or principles of fairness . The impact fees or alternative impact fees and the calculations shall be set forth in writing and shail be mailed to the fee payer . C . Any fee payer submitting an independent fee calculation will be required to pay the city of Camas a fee to cover the cost of reviewing the independent fee calculation . The fee shall be $ 500 . 00 , unless it is necessary for the city to enlist the services of an outside consultant to assist in the .review of the independent fee calculation . In this instance , the fee payer will. be required to pay any consultant charges over the base $ 500 . 00 amount . Individual single family lots will be exempt from the review fee . The city shall require the fee payer to post a cash deposit of $ 500 . 00 prior to initiating the review . Ds While there is a presumption that the calculations set forth in the city ' s capital facilities plans are valid , the planning director shall consider the documentation submitted by the fee payer and the analysis prepared by the appropriate department heads , but is not required to accept such documentation or analysis which the planning director reasonably deems to be inaccurate or riot reliable , and ma y , in the alternative , require the fee payer to submit additional or different documentation for consideration . The planning 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 activity , and / or principles of fairness . The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer . E . Determinations made by the planning director pursuant to this section may be appealed to the planning commission . Ordinance No . � 06 ! Page 9 Section VI Where is hereby added to Section 3 . 88 . 160 a new subsection to provide as follows *. 3 . 88 . 160 - Accounting Procedures - - Re orfs . B . Pursuant to and consistent with the requirements of RCW 82 . 02 . 060 , the capital facilities plans have provided ad3ustments for future taxes to be paid by the developer , which are earmarked or proratable to the planned facilities which will serve the devei. opment activity . The impact fee schedules in Section 3 . 88 . 060 through 3 . 88 . 100 have been reasonably adjusted for taxes and ether revenue sources which are anticipated to be available to fund particular planned facilities . Section VII There is hereby added to Section 3 . 88 . 170 the following new subsections . 3 . 88 . 170 - Expenditure of Fees . B . Pursuant to this chapter : 1 . Impact fees collected for public streets and roads , impact fees for publicly owned parks , open space and recreational facilities , and impact fees for fire protection facilities shall be used solely for those respective purposes , and only those that will reasonably benefit the development activity . 2 . Impact fees shall not be imposed to make up for deficiencies in existing facilities serving existing developments . 3 . Impact fees shall not be used for maintenance or operation . CW Impact fees may be spent for planned facilities , inc :iuding but not limited to planning , :land acquisition , construction , engineering , architectural , permittng- , financing , and administrative expenses , applicable impact fees or mitigation costs , capital equipment pertaining to planned facilities and any other similar expenses which can be capitalized . D . Impact fees may also be used to recoup city improvement oasts previously incurred by the city to the extent that new growth and development activity will be served by the previously constructed improvements or incurred costs . ertys provided, that i t e rea property ,S - being purchased under a recorded real es - tate contract, the purchaser shall be consid- ORDINANCE NO , 2055 i ered the owner of the real property . AN ORDINANCE modifying Section W . " Park impact fee " means the impact 3 . 88 . 030 of the Camas Municipal Code by fee designated to pay for publicly owned • adding definitions to the City impact fee parks, open space and recreational facilities , Affidavit of Pubfica�io ordinance, adding a new section to Chapter X . "Parks director" ' P or means the officially 3 .88 of the Camas Municipal Code requiring appointed or acting director of the city parks ities, and recreation department, also referred to findings of adequacy for planned facil amending Section 3 . 88 . 120 of the Camas herein as a "department head . " Municipal Code by revising the procedures Y. "Planned facilities " shall mean public for collection of impact fees, amending Sec - streets and roads, publicly owned parks, STATE OF WASHINGTON ) tion 3 . 88 . 130 of the Camas Municipal Code open space and recreational facilities, and by revising the exemptions from impact fees, fire protection facilities included in the ca i- COUNTY OF CLARK ) adding a new section to Chapter 3 . 88 of the tal facilities element of the comprehensive Camas Municipal Code P p providing for an plan for Camas . independent fee calculation of impact fees, Z. "Planned residential development" adding a new subsection to Section 3 . 88 . 160 (PRD) or "planned unit development (PUD) I , Michael Gallagher , being first of the Camas Municipal Code relating to shall be as defined in Section 18. 92 . 020 of the duly sworn , depose and say that I am the owner , editor , publisher accounting procedures for impact fees, add - CMC . of The Post - Record , a weekly newspaper . That said newspaper is ing a new subsection to Section 3 . 88 . 170 of AA. " Planned director" shall mean the the Camas Municipal Code pertaining to the officially appointed or a legal newspaper and has been approved as a legal newspaper b Y PP acting director of the g $p in which g is published and expenditure of impact fees, and adding a city planning department . order of the superior court 1n the county p new section to Chapter 3 . 88 of the Camas BB . " Project improvements " mean site it is now and has been for more than six months prior to the date of Municipal Code providing for an annual improvements and facilities that are planned the publication hereinafter to , published in the English language review of impact fees . and designed to provide service for a par- continuously as a weekly newspaper in Camas , Clark County , THE COUNCIL OF THE CITY OF ticular development project and that are Washington , and it is now and during all of said time was printed CAMAS DO ORDAIN AS FOLLOWS : necessary for the use and convenience of the in an office maintained at the aforesaid lace of publication Section I occupants or users of the project, and are not p P Section 3 . 88 . 030 of the Camas Municipal system improvements . No improvement or e Code is amended to provide as follows : facility included ital facilities plan C n the capi 3 . 88 . 030—Definitions. The following deli - approved by the city council shall be consid- a nitions shall apply for purposes of this chap - ered a project improvement. e of said newspaper , that the ORDINANCE NO . ter unless the context clearly requires other- t 2 0 5 5 y q CC . " Public facilities" means the follow= wise . Terms otherwise not defined herein ing capital facilities owned or operated by shall be defined pursuant to RCW 82 . 02 . 090, government entities : public streets and roads ; or given their usual and customary meaning. publicly owned parks, open space, and rec- A. "Act" means the Growth Manage - reational facilities ; school facilities ; and fire e ment Act, Chapter 17, Laws of 1990, 1st Ex. protection facilities of the city of Camas. C Sess . , Chapter 36. 70A RCW et seq . , andDD . " Service area " means a geographi- l Chapter 32 , Laws of 1991 , 1st Sp . Sess . , as cal area defined by the city of Camas in k now in existence or as hereinafter amended. which a defined set of public facilities prom printed copy of which is hereto anneone as published in the B . "Building permit " means the permit vide service to development within the area . IV entire issue of said newspaper for required for new construction and additions EE . " Standard of service " means the successive and consecutive weeks in the following issues ; pursuant to Chapter 15 . 04 of the Camas quantity and quality of service which the city a Municipal Code . The term building permit, council has determined to be appropriate a 3 0 19 9 6 as used herein , shall not be deemed to i Jan . n - and desirable for the city . A measure of the Issue date , clude permits required for the remodeling, standard of service may include, but is in no q rehabilitation, or other improvements to an way limited to , maximum levels of conges - existing structure or rebuilding a damaged tion on city streets and roads, maximum wait Issue date or destroyed structure , provided there is no at stops, maximum fire department response l increase in the applicable unit of measure for times, minimum fire suppression capabili - r non - residential construction or number of ties minimum t i1 park and open space required TOO �_ ON� dwelling units for residentialconstruction . for a variety' Issue date of types of parks and open C . Capital facilities plan means the space ; minimum distance from residences to l ii capital facilities plans adopted by the council parks, and/or any other factors or standards S t Jj as part of the capital facilities el � .,� ement of the the city council may deem appropriate . Issue date ~1 comprehensive plan for Camas . FF. " System improvements" means pub- ,,, D . " Capital facilities " means the facili- lic facilities that are included in the capital " ties or improvements or acting city engineer facilities plan and are designed to provide r for the city . service to service areas within the commu- t Issue date E . " City engineer" means the officially nity at large , in contrast to project im rove - l appointed or actin cit engineer for the city . P t PP g y g y ments . F. " City " means the City of Camas . . GG. " Temporary. dwelling units" means r Issue date G . CMC refers to the Camas Munici - . a development that provides temporary hous- pal Code . a 91 GQLCI IllllJULL IMAM Uaiw .v taa a The fee charged for the above publication was : v ` 1 payment of the appropriate impact fees . The v g p tions for preliminary plats, PRD , PUD , bind - new fee will be based on the total impact ing site plans or other development approv - generated by the new land use , minus the c als , unless the city is able to make the find- $ 3 9 7 8 0 similar impact fee associated with the exist- c Ings of adequacy ; provided , that if the fee payer opts to dedicate land, to provide im- ing land use . Conversion of a greater land i r, provements , and/or construction consistent use to a lesser land use will not be entitled to t G with the requirements of CMC 3 . 88 . 140 ov - reimbursement of impact fees . n q g 2 . Alterations , expansion , enlargement, t � Publisher erning credits , where appropriate , the city remodeling, rehabilitation or conversion of 3 may make such findings . D . If any party for any reason is able to an existing unit where no additional units f ' exempt itself from the operation of this chap - are created and the use is not changed . s Subscribed and sworn to before me this 1ter the cit reserves the ri ht to review its 3 . The construction of accessory struc - v ' y g tures that will not create significant impacts land use plan in conjunction with its capital facilities plans in order to ensure adequacy . on planned facilities . r 4 . Miscellaneous improvements , includ- v day of , 19 In the event that the impact fees that might ing, but not limited to, fences, walls , swim- 11 have been paid would have been an integral ming pools, and signs. a part of the financing to ensure adequacy, the 5 . A structure moved from one location t; city reserves the right to deny approval for within the city to another location within the v the development on these grounds . Notary Public in and for the Section III city . The vacated lot will not be excepted p State of Washington , Section 3 . 88 . 120 of the Camas Municipal from paying all appropriate impact fees. In Residing at Camas , Washington Code is amended to provide as follows : the event the structure is moved outside the 3 . 88 . 120 — Collection of Fees . city , the vacant lot will be eligible for impact A. The city shall collect impact fees , based fee exemptions if all applicable criteria can r on the schedules in Section 3 . 88 . 060 to be satisfied. f 3 . 88 . 100, from any applicant seeking a build - 6 . Public school districts, provided how -