~ " . 00010.150093 VEO/nk 6/16/06 ORDINANCE NO. 2461 AN ORDINANCE OF THE CITY OF ISSAQUAH, WASHINGTON, RELATING TO IMPACT FEES, RECODIFYING CHAPTER 18.15 - DIVISION I, AND CHAPTERS 18.16, 18.17 AND 18.18 IN TITLE 3; AMENDING FIR PROTECTION IMPACT FEE PROVISIONS; PROVIDING FOR SEVERABILITY AN ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City imposes various fees for mitigation of the impact of development activity, including school impact fees, transportation impact fees, park impact fees, fire protection impact fees, and police and general governent mitigation fees; and WHEREAS, the ordinances governing school impact fees are codified in Title 3 of the Issaquah Municipal Code, and the ordinances governing transportation impact fees, park impact fees, fire protection impact fees, and police and general governent mitigation fees are codified in the Land Use Code, Title 18 of the Issaquah Municipal Code; and WHEREAS, to provide better consistency, the City Council desires to unify all impact and mitigation fees in Title 3, Revenue and Finance, of the Issaquah Municipal Code; and WHEREAS, the City conducted a Fire Protection Facilities Rate Study to determine the whether fire protection impact fees charged suffciently mitigate the impact of development activity on fire and emergency medical services; and I VE0634099.DO: 11000 IO.150093t¡ -1- '.' ~ . WHEREAS, based on the findings of the Fire Protection Facilities Rate Study, the City Council has determined that it is necessary to increase fire protection impact fees to mitigate the impact of development activity on fire and emergency medical services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Transportation Impact Fees. Issaquah Municipal Code Chapter 18.15 - Division I, entitled "Transportation Impact Fees," consisting of Sections 18.15.010 - 18.15.120, is hereby recodified as Issaquah Municipal Code Chapter 3.71, consisting of Sections 3.71.010 - 3.71.120, respectively. All references in the Issaquah Municipal Code to Chapter 18.15 or sections thereunder shall be construed to mean Chapter 3.71 or the corresponding section thereunder. Section 2. Park Impact Fees. Issaquah Municipal Code Chapter 18. I 7, entitled "Park Impact Fees," is hereby recodified as Issaquah Municipal Code Chapter 3.72. All references in the Issaquah Municipal Code to Chapter 18.17 or sections thereunder shall be construed to mean Chapter 3.72 or the corresponding section thereunder. Section 3. Fire Protection Impact Fees. Issaquah Municipal Code Chapter 18. I 6, entitled "Fire Protection Impact Fees," is hereby recodified as Issaquah Municipal Code Chapter 3.73. All references in the Issaquah Municipal Code to Chapter 18.16 or sections thereunder shall be construed to mean Chapter 3.73 or the corresponding section thereunder. Section 4. Methods to Mitigate Development Impacts. Issaquah Municipal Code Chapter 18.18, entitled "Methods to Mitigate Development Impacts," is ¡VE0634099.DOC:1/00010.150093/l -2 - l .1' . hereby recodified as Issaquah Municipal Code Chapter 3.74. All references in the Issaquah Municipal Code to Chapter 18.18 or sections thereunder shall be construed to mean Chapter 3.74 or the corresponding section thereunder. Section 5. Fire Protection - Fee Imposed. Section 3.73.030 entitled "Fee imposed - Applicability" is hereby amended in its entirety to read as follows: 3.73.030 Fee imposed - Applicabilty. There is imposed, and shall be collected from every person who applies for a Development Permit, a fire protection impact fee, consistent with the provisions of this chapter. The provisions of this chapter apply to all applications for Development Permits made on, and after the effective date of Ordinance 2461, and to all Development Permits which have not received final approval by this date. Section 6. Exemptions. Section 3.73.040 entitled "Exemptions" is hereby amended in its entirety to read as follows: 3.73.040 Exemptions. The following developments are exempt from the requirements of this chapter: A. Affordable Housing: A Development Permit for affordable housing, which includes low and moderate income, as defined in IMC 3.73.020, shall not be assessed a fire protection impact fee as follows: I. As a condition of receiving an exemption under this section, the owner shall execute and record in King County's real property title records a City-drafted lien, covenant, or other contractual provision against the property that provides that the proposed housing unit or development will continue to be used for low or moderate income housing and remain affordable to those households for a period of not less than thirty (30) years. The lien, covenant, or other contractual provision shall run with the land and apply to subsequent owners and assigns in the event that the housing unites) are exempted. 2. Any claim or request for an exemption under this section shall be made no later than the time of application for a building permit. If a building permit is not required for the development, then the claim shall be made when the first Development Permit is applied for. Any claim not made when required by this section shall be deemed waived. ¡ VE0634099. DOC: 1/000 1 0.150093/¡ - 3- .~ . B. Accessory Units: A Development Permit for an accessory unit shall not be assessed a fire protection impact fee. C. Change of Use: A Development Permit for a change of use that has less impact than the existing use shall not be assessed a fire protection impact fee. D. City Proiects: A Development Permit for a City project shall not be assessed a fire protection impact fee. E. Home Occupations: A Development Permit for a home occupation shall not be assessed a fire protection impact fee. Section 7. Fire Protection Impact Fee Program Elements. Section 3.73.050 entitled "Fire Protection Impact Fee Program Elements" is hereby amended in its entirety to read as follows: 3.73.050 Fire protection impact fee program elements. A. The City shall impose and collect fire protection impact fees on every Development Permit within the service area, except as provided in IMC 3.73.040, Exemptions. B. Any fire protection impact fee imposed shall be reasonably related to the impact caused by the new development and shall not exceed a proportionate share of the cost of fire protection facilities that are reasonably related to the new development. C. The fire protection impact fee imposed may include costs for fire protection facility improvements previously incurred by the City to the extent that new development will be served by the previously constructed improvements provided that such fee shall not be imposed to correct any system improvement deficiencies. D. The fire protection impact fee imposed for any development shall be calculated and determined by the procedures established by this ordinance and based on the methods set forth in Attachment A, attached to Ordinance 246 I, and incorporated herein by reference as if set forth in full. E. In computing the fee applicable to a given development, credit shall be given for the fair market value, rneasured at the time of dedication, for any dedication ofland for, improvements to, or new construction of any fire protection facilities that are identified in the Capital Facilities Element and that are required by the City as a condition of approving the development. F. Fire protection impact fees shall be used for fire protection facilities that wil reasonably benefit the new development, and only those fire protection facilities addressed by the City's Capital Facilities Element of the Comprehensive Plan. ¡VE0634099.DO: 1/00010. 1 50093/1 -4 - " . Section 8. Fee Collection. Section 3.73.070 entitled "Fee Collection" is hereby amended in its entirety to read as follows: 3.73.070 Fee collection. At the time of application for a Building Permit, the impact fee shall be calculated based on the fee schedule established in Attachment A to Ordinance 2461. No Building Permit shall be issued until the impact fee has been paid in full by the applicant; provided, that payment of fees may be phased if the Building Permit for the development is also phased. The fire protection impact fee shall be collected by the City, and maintained in a separate account, as required by IMC 3.73.090. Fire protection impact fees may be paid under protest in order to obtain a Building Permit, or other development approval. Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 10. Effective Date. This ordinance or a summar thereof consisting of the title shall be published in the offcial newspaper of the City and shall take effect and be in full force five (5) days after publication. Passed by the City Council of the City ofIssaquah, the i 7th day of July, 2006. Approved by the Mayor of the City oflssaquah the 17th day of July, 2006. APPROVED: A~ (j~~ A V A F~SINGER, MAYOR I VE0634099.DO: 1/000 1 O. 1 50093/1 - 5- " . A TTESTI AUTHENTICATED: CITY (¡lÍ~~CLERK,' RISTIN EGGERS APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNY: BY uQ~ t ~IU- PUBLISHED: July 26, 2006 EFFECTIVE DATE: July 31, 2006 ORDINANCE NO: 2461 AGENDA BILL NO: 5507 ¡ VE06J4099.DO: 11000 10./ j()9J/¡ -6 - . Review Draft IMPACT FEES FOR FIRE PROTECTION FACILITIES IN CITY OF ISSAQUAH, WASHINGTON Henderson Young & Company June 26, 2006 . TABLE OF CONTENTS 1. INTRODUCTION..........,......,.............................................................,..........1 2. CAPITAL COST PER FIRE INCIDENT............,.....................,..............,.......... 12 3. ANNUAL COST OF FIRE INCIDENTS BY LAND USE.......................................... 18 4. CAPITAL COST PER EMS INCIDENT ...,.,.....................................................