ORD 2015-07 ADOPTING A NEW CHAPTER BIMC 15.30 TRANSPORTATION IMPACT FEESORDINANCE NO. 2015-07
AN ORDINANCE of the City of Bainbridge Island, Washington,
adopting a new Chapter 15.30, Transportation Impact Fees, of the
Bainbridge Island Municipal Code.
WHEREAS, the 2004 Island -wide Transportation Study identified traffic impact fees
as a potential revenue source to provide for transportation improvements to accommodate future
growth; and
WHEREAS, in 2014, members of City Council expressed interest in studying
transportation impact fees; therefore, this item was added to the City's 2014 Work Plan; and
WHEREAS, at the March 10, 2015 City Council meeting, City staff and Consultant
Transportation Solutions, Inc. (TSI) presented an update to the City Council on the
Transportation Impact Fee Rate Analysis report prepared by TSI; and
WHEREAS, this ordinance is a result of a combination of recommendations by the
2004 Island -wide Transportation Study and comments received at the March 10, 2015 City
Council meeting;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. A new Chapter 15.30 of the Bainbridge Island Municipal Code, Transportation
Impact Fees, is hereby adopted to read as follows:
Chapter 15.30
TRANSPORTATION IMPACT FEES
Sections:
15.30.010
Purpose and intent.
15.30.020
Findings and authority.
15.30.030
Definitions.
15.30.040
Transportation impact fees methodology and applicability.
15.30.050
Assessment of transportation impact fees.
15.30.060
Independent Fee Calculations.
15.30.070
Exemptions.
15.30.080
Credits,
15.30.090
Adjustments.
15.30.100
Establishment of transportation impact fee fund.
15.30.110
Administrative guidelines.
15.30.120
Refunds.
15.30.130
Use of funds.
15.30.140
Periodic adjustment of fees.
15.30.150
Administrative fees.
15.30.160
Reviews by the Director and appeals.
15.30.170
Existing authority unimpaired.
15.30.180
Relationship to State Environmental Policy Act (SEPA).
15.30.190
Relationship to concurrency management.
15.30.200
Transportation Impact Fee Schedule.
15.30.010 Purpose and intent
A. The purpose and intent of this chapter is to provide for the collection of a transportation
impact fee ( "TIF ") for streets and roads, and for certain other matters in connection therewith:
1. Adopt a program for the purpose of jointly funding, from public and private sources,
system improvements necessitated in whole or in part by development and growth within
the service area.
2. Provide a fair and predictable method for allocating the cost of reasonable and
necessary transportation improvements between the public and private sectors.
3. Create a mechanism to charge and collect transportation impact fees from new
development.
4. Provide a portion of the funding for reasonable and necessary system improvements to
mitigate the cumulative impacts of growth and development in the service area.
5. Create a system for the collection and administration of transportation impact fees.
B. This Chapter 15.30 supplements existing authority of the city to regulate development. This
chapter does not supplant the requirements of environmental review and mitigation under the
State Environmental Policy Act (SEPA) and Title 16 BIMC. However, a developer required to
pay a fee as mitigation under SEPA and Title 16 BIMC for system improvements identified in
the rate study shall not be required to pay impact fees under this chapter for those same
improvements.
15.30.020 Findings and authority
The City Council finds and determines that development activities, including but not limited to
new residential, commercial, retail, office, and industrial development, in the city of Bainbridge
Island will create additional demand and need for transportation facilities in the city, and the city
council finds that such development activity should pay a proportionate share of the cost of new
transportation facilities needed to serve the development activity. The city of Bainbridge Island
has conducted extensive research and analysis documenting the procedures for measuring the
impact of new development activity on its transportation facilities, and has prepared and relied
upon an appropriate TIF rate study relating to the establishment of TIFs. The TIF rate study
utilizes a methodology for calculating TIFs that fulfills all of the requirements of RCW
82.02.060(1). A copy of the TIF rate study relied upon by the city shall be kept on file with the
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City of Bainbridge Island Public Works department and is available to the public for review.
Pursuant to Chapter 82.02 RCW, the City Council adopts this chapter to assess TIFs for streets
and roads. The provisions of this chapter shall be liberally construed in order to carry out the
purposes of the City Council in establishing the TIF program.
15.30.030 Definitions
The following words and terms shall have the following meanings for the purposes of this
chapter, unless the context clearly requires otherwise. Terms not defined herein shall be defined
pursuant to RCW 82.02.090, or given their usual and customary meaning.
A. "Applicant" means a person who applies for a building permit under the BIMC and who is the
owner of the subject property or the authorized agent of the property owner.
B. "Building Permit" means an official document or certification which is issued by the City and
which authorizes the construction, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure.
C. "Capital Facilities Plan" means the capital facilities element of the City's Comprehensive Plan
adopted pursuant to Chapter 36.70A RCW and such plan as amended.
D. "Development" means any construction or expansion of a building, structure, or use for which
a permit, approval, or other authorization is required that creates additional demand and need for
transportation improvements; provided, that such development generates at least one new p.m.
peak hour trip, when the permit, approval, or other authorization for the development is
processed pursuant to Title 17 BIMC (Subdivision and Boundary Line Adjustments), or in the
case of tenant improvement permits, "development" means any proposed new use or expanded
existing use that generates additional trips per unit according to the trip generation rates
established in the Transportation Impact Fee Rate Schedule in BIMC 15.30.200. Development
does not include buildings or structures constructed by a regional transit authority.
E. "Development Approval" means any written authorization from the City which authorizes the
commencement of a development activity.
F. "Director" means the director of the department of public works of the City of Bainbridge
Island or her /his designee.
G. "Encumber /Encumbered" means to reserve, set aside, or otherwise earmark the TIFs in order
to pay for commitments, contractual obligations, or other liabilities incurred for system
improvements.
H. "TIF Rate Schedule" means the list of TIF rates per land use category as set forth in BIMC
15.30.200.
1. "Hearing Examiner" means the hearing examiner operating pursuant to the powers and duties
set forth by BIMC 2.14.030.
J. "Independent Fee Calculation" means the street and road impact calculation, and /or economic
documentation prepared by an applicant, to support the assessment of a TIF other than by the use
of the rates listed in the TIF rate schedule, or the calculations prepared by the director where
none of the fee categories or fee amounts in the TIF rate schedule accurately describe or capture
the impacts of the development activity on the City's transportation facilities.
K. "P.M. Peak Hour Trips" means the total vehicular trips entering and leaving a place of new
development activity on the adjacent public streets or roads during the p.m. peak hour. The p.m.
peak hour is the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m.
on weekdays.
L. "Project Improvements" means site improvements and facilities that are planned and designed
to provide service for a particular development activity and are necessary for the use and
convenience of the occupants or users of the project and are not system improvements.
M. "RCW" means the Revised Code of Washington or, when followed or preceded by a
numerical designation, a provision of the Revised Code of Washington.
N. "Service Area" means a geographic area over which a particular TIF is applied. For the City
of Bainbridge Island, the service area encompasses the current city limits.
O. "Square Footage" means the square footage of the gross floor area of the development as
defined in the BIMC.
P. "Street" or "Road" means a public right -of -way and all related appurtenances, which enables
motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and
affords the principal means of access to abutting property, including avenue, place, way, drive,
lane, boulevard, highway, street, and other thoroughfare. For purposes of this chapter, public
streets and roads are collectively referred to as transportation facilities.
Q. "System Improvements" means transportation improvement projects that are included in the
City of Bainbridge Island comprehensive plan transportation element, and such plan as amended,
and are designed to provide service to service areas within the community at large, in contrast to
project improvements that serve specific development.
R. "Transportation Facilities" means any and all transportation infrastructure of the City
constructed pursuant to City design and development standards and requirements, including
without limitation roads, bridges, overpasses, sidewalks, curbs, turn lanes, bike lanes, traffic
signals, roundabouts, traffic signs, HOV lanes, bus shelters, and associated landscaping. The
cost of the transportation improvement shall include any debt service payments, including
interest, for any of these improvements.
S. "Transportation Impact Fee (TIF)" means a payment of money imposed by the City on
development activity pursuant to this chapter as a condition of granting development approval to
pay for transportation improvements needed to serve new growth and development, and that is
reasonably related to the new development that creates additional demand and need for
transportation improvements, that is a proportionate share of the cost of the transportation
improvements, and that is used for improvements that reasonably benefit the new development.
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"Transportation impact fee" does not include a building permit fee, administrative fee for
collecting and handling TIFs, appeal fee, or independent fee calculation review fee.
T. "TIF Rate Study" means the "Rate Study for Transportation Impact Fees, City of Bainbridge
Island" dated May 11, 2015 and other studies relied upon by the City in establishing the TIF
methodology and TIF rate schedule.
U. Transportation Impact Fee Fund(s)" means the fund(s) established for the TIFs that are
collected. The funds(s) shall be established pursuant to BIMC 15.30.100, and shall comply with
the requirements of RCW 82.02.070,
15.30.040 Transportation impact fees methodology and applicability
The TIF rates are generated pursuant to a formula for calculating TIFs set forth in the rate study.
Except as otherwise provided for by independent fee calculations in BIMC 15.30.060,
exemptions in BIMC 15.30.070, and credits in BIMC 15.30.080, all new development activity in
the City will be charged the TIF applicable to the type of development per the TIF rate schedule.
15.30.050 Assessment of Transportation Impact Fees
A. The City shall collect TIFs, based on the land use categories in the rate schedule from any
applicant seeking to conduct development activity that includes expansion, replacement, or new
accessory building and which requires the issuance of a building permit, including but not
limited to, development of residential, commercial, office, and industrial land, and includes the
expansion of existing uses that creates a demand for additional system improvements. The public
works department is authorized to determine the appropriate land use category found in the TIF
rate schedule that applies to the application.
B. All TIFs shall be due and payable prior to issuance of the building permit based on the land
use categories in the adopted TIF rate schedule.
Unless the use of an independent fee calculation has been approved, or unless a development
agreement entered into pursuant to RCW 36.70B.170 provides otherwise, the TIF shall be
calculated based on the TIF rate schedule in effect at the time the Building Permit is issued.
C. The public works department shall establish the TIF rate for a land use that is not listed in the
TIF rate schedule. The applicant shall submit all information requested by the City for purposes
of determining the TIF rate pursuant to BIMC 15.30.060.
D. For a change in use of an existing building or dwelling unit, or portion thereof, that meets the
requirements of subsection (A) of this section, except for development activity exempt under
BIMC 15.30.070, the TIF shall be the applicable TIF for the land use category of the new use,
less the TIF for the land use category of the prior use. For any change in use that includes
expansion, replacement, or new accessory building, the TIF shall be the applicable TIF for the
land use category of the new gross floor area (or if applicable, gross leasable area), less the TIF
for the land use category of the prior gross floor area (or if applicable, gross leasable area). The
net TIF shall be calculated by the following equation:
Net TIF = X — Y, where:
X = (new gross floor area and /or dwelling units) *(fee per unit for the new land use category);
and
Y = (prior gross floor area and /or dwelling units) *(fee per unit for the prior land use category).
If the net TIF is a negative number, the applicant will not be required to pay TIFs for the
development activity. The applicant will not be compensated by the City for a negative TIF.
E. For mixed use developments, TIFs shall be imposed for the proportionate share of each land
use based on the applicable measurement in the TIF rates set forth in the TIF rate schedule.
F. The City shall not issue the required building permit until the TIFs set forth in the TIF rate
schedule have been paid as set forth in the TIF rate schedule less any credits allowable under this
chapter.
G. The City will assess TIFs based on a single service area encompassing the entire city.
15.30.060 Independent Fee Calculations
A. If in the judgment of the director none of the TIF categories or TIF amounts set forth in the
TIF rate schedule accurately describes the impacts resulting from the proposed development
activity, the applicant shall provide to the director for review and evaluation an independent fee
calculation, prepared by a traffic engineer approved by the director. The director may impose on
the proposed development activity an alternative TIF based on this calculation.
B. The applicant may opt not to have the TIFs determined according to the fee structure listed in
the TIF rate schedule, in which case the applicant shall prepare and submit to the director an
independent fee calculation for the proposed development activity. The documentation
submitted shall be prepared using procedures consistent with those established in the current
edition of the Institute of Transportation Engineers Trip Generation Manual. An independent fee
calculation shall be limited to adjustments in trip generation rates used in the TIF rate study, and
shall not include travel demand forecasts, trip distribution, transportation service area zones,
costs of street and road projects, or cost allocation procedures.
C. An applicant requesting an independent fee calculation will be required to pay the City an
administrative processing fee to cover the cost of reviewing the independent fee calculation. The
fee required by the City for conducting an independent fee calculation review shall be as set forth
by BIMC 15.30.209. However, if the director initiates the independent fee calculation as set
forth by subsection (A) of this section, the applicant shall not be required to pay to the City an
administrative processing fee.
D. There is a rebuttable presumption that the calculations set forth in the TIF rate study and the
fees set forth in the TIF rate schedule are valid. The director shall consider the documentation
submitted by the applicant, but is not required to accept such documentation or analysis which
the director reasonably deems to be inapplicable, inaccurate or unreliable. The director may
require the applicant to submit additional or different documentation for consideration. The
director is authorized to adjust the TIFs on a case -by -case basis based on the independent fee
calculation, the specific characteristics of the development and /or principles of fairness.
E. Determinations made by the director pursuant to this section may be appealed as established
in Chapter 2.16 BIMC.
15.30.070 Exemptions
A. The following development activity shall be exempted from the payment of TIFs:
1. Alteration, expansion, or replacement of an existing single family home.
2. Alteration of a nonresidential structure that does not expand the usable space or add any
residential units.
3. Any legal accessory dwelling unit approved under Title 18 BIMC, Zoning, because it is
considered part of the associated single- family use.
4. Miscellaneous improvements that do not generate increased p.m. peak hour trips including,
but not limited to, fences, walls, residential swimming pools, and signs.
5. Demolition or moving of a structure when additional p.m. peak hour trips are not generated.
6. A change of use that does not generate additional trips per unit of development according to
the trip generation rates established in the Transportation Impact Fee Rate Schedule in BIMC
15.30.200.
7. Miscellaneous permits for activities that do not generate any new trips.
8. Rezones, comprehensive plan amendments, subdivisions, boundary line adjustment and lot
line eliminations, or any other land use permits.
9. Buildings or structures constructed by a regional transit authority pursuant to RCW 82.02.090.
10. Any building permit application that has been submitted to the City before 4:00 p.m. the
business day before the effective date of the ordinance codified in this chapter that has been
deemed complete based on the information on file as of the effective date of the ordinance
codified in this chapter.
11. Affordable housing as defined by BIMC 18.21.020 and 18.36.030(16) or their successors.
12. Pursuant to RCW 82.02.060, the City may provide exemptions for development activities
with broad public purposes; provided that the impact fees from such development activity shall
be paid from public funds other than impact fee funds. The director shall be authorized to
determine whether a particular development activity falls within an exemption identified in this
section or under other applicable law. Determinations of the director shall be in writing and shall
be subject to the appeals procedures established in Chapter 2.16 BIMC.
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15.30.080 Credits
A. At an applicant's request, the director may award a credit or credits against TIFs for the total
value of system improvements, including dedications of land, improvements and /or construction
provided by the applicant. Credits will be given only if the land, improvements, and /or the
facility constructed are for one or more of the system improvements listed in the TIF rate study
as the basis for calculating the TIF.
B. Each request for a credit or credits shall include a legal description of the dedicated land, a
detailed description of improvements or construction provided, and an adequate description of
the development activity to which the credit will be applied.
C. For each request for a credit or credits, the applicant shall estimate the value of the dedicated
land, improvements, or construction for review and approval by the director. In the event that the
director disagrees with the applicant's valuation, the applicant may submit an appraisal of the
fair market value of the dedicated land improvements or construction estimate for the director's
consideration. The appraisal shall be prepared by a state certified appraiser holding a MAI
(Member of the American Institute of Appraisers) designation and /or a construction estimate
prepared by a licensed engineer in good standing pursuant to RCW 18.43 F. After receiving and
reviewing the appraisal or valuation, the Director will determine the dollar amount of any credit,
the basis for the credit, the legal description of the real property dedicated where applicable, and
the adequate description of the system improvement to which the credit may be applied with
issuance of the building permit. If the total value of any such dedication, improvement or
construction cost exceeds the amount of the TIF obligation, the developer will not be entitled to
reimbursement of the difference.
D. No credit shall be given for project improvements or right -of -way dedications for direct
access improvements to and /or within the subject development activity above and beyond what
is proposed in the City of Bainbridge Island comprehensive plan transportation element 20 -year
list.
E. Any claim for credit must be made before payment of the TIF and prior to the issuance of the
building permit.
F. Determinations made by the director pursuant to this section shall be subject to the appeals
procedures established in Chapter 2.16 BIMC.
15.30.090 Adjustments
Pursuant to and consistent with the requirements of RCW 82.02.060, the TIF rate study has
provided adjustments for future taxes to be paid by the development activity which are
earmarked or pro - ratable to the same new system improvements which will serve the new
development activity. The TIF rates in the TIF rate schedule have been reasonably adjusted for
taxes and other revenue sources which are anticipated to be available to fund public
improvements.
15.30.100 Establishment of Transportation Impact Fee Fund
A. The City shall establish a separate TIF fund for the fees collected pursuant to this chapter
which shall be designated as the Transportation Impact Fee Fund. Funds withdrawn from the
fund must be used in accordance with the provisions of this chapter and applicable state law.
Interest earned on the fees shall be retained in the fund and expended for the purposes for which
the TIFs were collected.
B. On an annual basis, the finance director shall provide a report to the council on the
transportation impact fee fund showing the source and amount of all moneys collected, earned,
or received, and the public improvements that were financed in whole or in part by TIFs.
C. TIFs shall be expended or encumbered within ten years of receipt.
D. In order to comply with RCW 82.02.060(2), TIFs for development activity as specified under
exemptions BIMC 15.30.070(A) (10) and (B) shall be paid for with public funds other than from
transportation impact fee funds.
15.30.110 Administrative guidelines
A. The finance director is hereby authorized to adopt internal guidelines for the administration of
TIFs, which may include the adoption of a procedures guide for the administration of TIFs.
B. The director is hereby authorized to adopt internal guidelines for the calculation of TIFs,
which may include the adoption of a procedures guide for the calculation of TIFs.
15.30.120 Refunds
A. If the City fails to expend or encumber the TIFs within ten years of when the fees were paid,
the current owner of the property on which TIFs have been paid may receive a refund of such
fees. In determining whether TIFs have been expended or encumbered, TIFs shall be considered
expended or encumbered on a first -in, first -out basis.
B. The City shall notify potential claimants by first class mail deposited with the United States
Postal Service at the last known address of such claimants of the availability of a refund. A
potential claimant or claimants must be the owner of record of the real property against which
the TIF was assessed.
C. Property owners seeking a refund of TIFs 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.
D. Any TIFs for which no application for a refund has been made within this one -year period
shall be retained by the City and expended or encumbered on the appropriate system
improvements.
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E. Refunds of TIFs or offsets against subsequent TIFs under this section shall include any
interest earned on the TIFs by the City.
F. When the City seeks to terminate any or all components of the TIF program, all unexpended
or unencumbered funds from any terminated component or components, including interest
earned, shall be refunded pursuant to this section. Upon the finding that any or all fee
requirements are to be terminated, the City shall place notice of such termination and the
availability of refunds in a newspaper of general circulation within the City 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 after the
second publication. At the end of one year, any remaining funds shall be retained by the City, but
must be expended or encumbered for the appropriate system improvements. This notice
requirement shall not apply if there are no unexpended or unencumbered balances within the
fund or funds being terminated.
G. The City shall also refund to the current owner of property for which TIFs have been paid all
TIFs paid, including interest earned on the TIFs, if the development activity for which the TIFs
were imposed did not occur; provided, however, that if the City has expended or encumbered the
TIFs in good faith prior to the application for a refund, the director can decline to provide the
refund. If, within a period of three years, the same or subsequent owner of the property proceeds
with the same or substantially similar development activity, the owner can petition the director
for an offset in the amount of the fee originally paid and not refunded. The petitioner must
provide receipts of TIFs previously paid for a development activity of the same or substantially
similar nature on the same real property or some portion thereof. The director shall determine
whether to grant an offset, and the determinations of the director may be appealed pursuant to the
procedure established in Chapter 2.16 BIMC.
15.30.130 Use of funds
A. Pursuant to this chapter, transportation impact fees:
1. Shall be used for system improvements that will reasonably benefit the new development
activity;
2. Shall not be imposed to make up for deficiencies in existing transportation facilities serving
existing development; and
3. Shall not be used for maintenance or operation.
B. TIFs may be spent for system improvements as herein defined and, including, but not limited
to, transportation planning, engineering design studies, land survey, right -of -way acquisition, site
improvements, necessary off -site improvements, engineering, architectural, permitting,
financing, administrative expenses, construction of streets and roads and related facilities such as
shoulders, curbs, gutters, sidewalks, bike lanes, storm drainage, streetscapes and installation of
traffic signals, roundabouts, signs and street lights, applicable impact fees or mitigation costs,
and any other expenses which can be capitalized.
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C. TIFs may also be used to recoup system improvement costs previously incurred by the City to
the extent that new development activity will be served by the previously constructed system
improvements or incurred costs, provided such fee shall not be imposed to make up for any
deficiencies in the City's existing transportation facilities.
D. In the event that bonds or similar debt instruments are or have been issued for the advanced
provision of public improvements for which TIFs may be expended, TIFs 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 activity.
15.30.140 Periodic adjustment of fees
A. The TIFs in the TIF rate schedule shall be indexed to provide for an automatic fee adjustment
according to the following schedule every two years beginning January 1, 2017, to reflect
changes in project costs due to industry trends. The Washington State Department of
Transportation Construction Cost Index (CCI) will be used to determine the adjustment in fees.
The adjustment will be based on a two -year simple moving average, the mean of the previous
two years' CCI, of the two most recent calendar years' CCI data that is available.
B. The TIF rate study supporting the TIFs in the TIF rate schedule shall be updated periodically,
unless the City determines that circumstances have not changed to warrant an update.
15.30.150 Administrative fees
A. There shall be a fee for the administration of the TIF program. Administrative fees shall be
used to defray the cost incurred by the City in the administration and update of the TIF program.
The administrative fee is not creditable or refundable.
B. The administrative fee, in addition to the TIF, shall be paid by the applicant to the City at the
same time as the TIF is paid.
15.30.160 Reviews by the Director and appeals
A. In order to obtain a building permit, any applicant may pay the TIFs imposed by this chapter
under protest and file for a review by the director, followed by the option to appeal to the hearing
examiner. No building permit shall be issued until the TIFs at issue have been paid.
Alternatively, any applicant may file for a review by the director, followed by the option to
appeal to the hearing examiner, without first paying the TIFs, providing the applicant is willing
to postpone issuance of the building permit until after the appeal process when the final amount
of the TIFs are known.
B. Reviews by the director and appeals regarding the TIF imposed on any development activity
may only be filed by the applicant for the development activity at issue.
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C. Before an appeal can be filed, the applicant must first file a request for review by the director
with the public works department specifying the grounds thereof, as provided herein;
1. The request shall be in writing on the form provided by the City;
2. The request for review by the director shall be filed within 14 calendar days after the
applicant's payment of the TIF at issue. The failure to timely file such a request shall
constitute a final bar to later seek such review;
3. No administrative fee will be imposed for the request for review by the director; and
4. The director shall issue his /her determination in writing.
D. Following the determination issued by the director, the applicant may elect to appeal the
director's decision to the hearing examiner. Any determinations which the director is authorized
to make pursuant to this chapter may be appealed to the hearing examiner.
E. Appeals to the hearing examiner must be filed within 14 calendar days of the director's
issuance of a written determination by filing a letter of appeal with the public works department
specifying the grounds thereof, and depositing the necessary appeal fee as set forth by the
procedures established in Chapter 2.16 BIMC. The failure to timely file an appeal shall
constitute a final bar to later seek such review. The director shall transmit to the office of the
hearing examiner all papers constituting the record for the determination, including, where
appropriate, the independent fee calculation.
F. The city shall fix a time for the hearing of the appeal and give notice to the parties in interest.
In those cases where the proposed development activity may require a public hearing under the
authority of other chapters of the BIMC, the hearings may be combined. At the hearing, any
party may appear in person or by agent or attorney.
G. The hearing examiner is authorized to make findings of fact regarding the applicability of the
impact fees to an applicant's development activity, the availability or amount of the credit, or the
accuracy or applicability of an independent fee calculation. The hearing examiner's
determination shall be final unless appealed to the superior court of Kitsap County in accordance
with the procedures in RCW 34.05.510 through 34.05.598, and with the appeal being filed with
the city clerk within 30 days after issuance of the decision of the hearing examiner.
H. The hearing examiner may, so long as such action is in conformance with the provisions of
this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the
director with respect to the amount of the TIFs imposed or the credit awarded.
15.30.170 Existing authority unimpaired
Nothing in this chapter shall preclude the city from requiring the applicant or the proponent of a
development activity to mitigate significant probable adverse environmental impacts of a
specific development activity pursuant to the State Environmental Policy Act, Chapter 43.21 C
RCW, based on the environmental documents accompanying the underlying development
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A. Transportation Impact Fee Rate Schedule — Residential
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Impact Fee Per Trip
Rate:
I
$1,632A7
Dwelling - Group 252 Sr. Housing Attached 0.25 0% 0.250 $408.12
per DU
Dwelling - Group 253 Congregate Care Facility 0.17 0% 0.170 $277.52
Land Use Group
, ITE Land Use Category'
ITE Code
ITE Trip % Pass By
Rate z Trips'
Net New Trips per
Development Unit
Impact Fee per Development Unit a
—
Dwelling
1.00 0%
1.000
_ - _ ........... .._
210 Single - Family Detached
$1,632.47 per DU
Housing
Recommended Practice, 2012. Additional pass -by rate adjusted based on local conditions and
Dwelling
220 l Apartment
0.62 0%
0.620
$1,012.13 per DU
Dwelling
231 i Low -Rise Condo /Townhouse
0.78 0%
0.780
$1,273.33 per DU
n...,.li:..,.
nnn RA -k;L. u,....,. n., .I,
n CO i no%
n Con
eOA'A IA nl I
14
Dwelling - Group 251 [ Sr. Housing Detached 0.27 0% 0.270 $440.77
per DU
Dwelling - Group 252 Sr. Housing Attached 0.25 0% 0.250 $408.12
per DU
Dwelling - Group 253 Congregate Care Facility 0.17 0% 0.170 $277.52
per DU
Dwelling - Group 2546 Assisted Living 0.22 0% 0.220 $359.14
per Bed
Dwelling - Group 6206 Nursing Home 0.22 0% 0.220 $359.14
per Bed
1 Institute of Transportation Engineers, Trip Generation Manual {9th Edition�
Z Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4 -6 pm).
Note: Sq. Ft. rate expressed per 1000 SF (KSF).
3 Average Pass -by Rates, per Trip Generation Manual (9th edition) User's Guide and Handbook: an ITE
Recommended Practice, 2012. Additional pass -by rate adjusted based on local conditions and
engineering judgment.
4 DU = Dwelling Unit
14
B. Transportation Impact Fee Rate Schedule - Non - Residential
Trnncnnrfafinn Irrinnrf Fna± Rnfn Rrhnrhifn - hlnn.Rsnirlenfial Imnact Fee nor Trio Rate: $1.632.47
Land Use Group
ITE
Code'
ITE Land Use Category'
ITE Trip
Rate'
% Pass
B Tri s3
Net New Trips per
Development Unit
Impact Fee
Per Development Unit4
Public Elementary School
1.21
0%
1.210
$1,975.29 per KSF
Education
520
Education
522
Public Middle /Junior High School
1.19
0%
1.190
$1,942,64 per KSF
Education
530
Public High School
0,97
0%
0.970
$1,583.50 per KSF
Education
534
Private School K -8 (limited data)
3,27
0%
3.270
$5,338.18 per KSF
Education
536
Private School K -12 limited data)
2.75
0%
2.750
$4,489.29 per KSF
Industrial
110
General Light Industrial
0.97
0%
0.970
$1,583.50 per KSF
Industrial
130
Industrial Park
0.85
0%
0.850
$1,387.60 per KSF
Industrial
140
Manufacturing
0.73
0%
0.730
$1,191.70 per KSF
Institutional
566
Cemetery_
0.84
0 %
0.840
_ Per acre
Medical
610
Hospital
0.93
0%
0.930
$1,518.20 per KSF
Medical
630
Clinic (limited data)
5.18
0%
5,180
$8,456.19 per KSF
Medical
720
Medical /Dental Office
3.57
0%
3.570
$5,827.92 per KSF
Office
710
General Office
1.49
0%
1.490
$2,432.38 per KSF
Office
715
Single Tenant Office
1.74
0%
1.740
$2,840.50 per KSF
Park and Ride
090
Park and Ride with Bus Service
0.62
0%
1 0.620
$1,012.13 per Space
Port and Terminal
030
Intermodal Truck Terminal
0.83
0%
0.630
81,354.95 per KSF
Recreation
411
City Park
3.50
25%
2.625
$4,285.23 per Acre
Recreation
420
Marina (limited data)
0.19
25%
0.143
$232.63 per Slip
Recreation
430
Golf Course
0,30
25%
0.225
$367,31 per Acre
Recreation
437
Bowling Alley
1.51
25%
1.133
$1,849.59 per KSF
Recreation
441
Live Theater (limited data)
0.02
25%
0.015
$24.49 per KSF
Recreation
444
Movie Theater
3.80
25%
2.850
$4,652.54 per KSF
Recreation
491
Racquet/Tennis Club
0.84
25%
0.630
$1,028.46 per KSF
Recreation
492
Health Fitness Club
3.53
25%
2.648
$4,321.96 per KSF
Recreation
493
Athletic Club
5,96
25%
4.470
$7,297.14 per KSF
Recreation
495
Recreational Community Center
2,74
25%
2.055
$3,354.73 per KSF
Retail - Automotive
653
Convenience Marketw /Gas Pumps
19.07
66%
6,464
$10,584.61 per VSP
Retail - Automotive
941
Quick Lubrication Vehicle Stop
5.19
42%
3,010
$4,914.06 per VSP
Retail - Automotive
944
Gasoline /Service Station
13.67
42%
8.045
$13,132.57 per VSP
Retail - Automotive
945
Gas Station w /Convenience Market
13.51
56%
5.944
$9,704.05 per VSP
Retail - Automotive
946
Gas Station w /Convenience Market and Car Wash
13.86
56%
6.098
$13,123.10 per VSP
Retail - Automotive
947
Self -Serve Car Wash
Variety Store
5.54
42%
3.213
$5,245.45 per VSP
^Retail - Large
814
6.82
34%
4.501
$7,348.07 per KSF
Retail - Large
615
Free Standing Discount Store
4.98
17%
4.133
$6,747.65 per KSF
Retail - Large
850
Supermarket
9.48
36%
6.067
$9,904.52 per KSF
Retail - Large
854_
Discount Supermarket
8.34
23%
6.422
$10.483.40 per KSF
Retail - Small
590
Library
_
7.30
0%
7.300
$11,917.03 per KSF
Retail - Small
616
Hardware /Paint Store
4.84
26%
3.582
$4,503.66 per KSF
Retail - Small
826
Specialty Retail Center
2.71
34%
1.789
$2,920.49 per KSF
Retail - Small
841
Automobile Sales
2.62
0%
2.620
$4,277.07 per KSF
Retail - Small
843
Automobile Parts Sales
5.98
43%
3.409
$5,565.09 per KSF
Retail - Small
848
Tire Store
4.15
28%
2.988
$4,877.82 per KSF
Retail - Small
851
Convenience Market
52.41
61%
20.440
$33,367.52 per KSF
Retail - Small
876
Apparel Store
3.83
34%
2.526
$4,126.88 per KSF
Retail - Small
879
Arts and Crafts Store
6.21
34%
4.099
$6,691.49 per KSF
Retail - Small
880
Pharmacy /Drug Store w/o Drive -Thru
8.40
53%
3.948
$6,993.50 per KSF
Retail - Small
881
Pharmacy /Drug Store wlDrive -Thru
9.91
49%
5.054
$7,603,56 per KSF
Retail - Small
890
Furniture Store
0.45
53%
0.212
$346.08 per KSF
Retail - Small
896
DVD /Video Rental Store
13.60
49%
6.936
$11,322.81 per KSF
Retail - Small
911
Walk -in Bank (limited data)
12.13
47%
6.429
$10,494.99 per KSF
Retail - Small
912
Drive -in Bank
24.30
47%
12.879
$21,024.58 per KSF
Retail - Small
925
Drinking Place
11.34
0%
11.340
$18,512.21 per KSF
Retail - Small
931
Quality Restaurant
7.49
44%
4.194
$6,847.23 per KSF
Retail - Small
932
High Turnover Restaurant
9.85
43%
5.615
$9,165.50 per KSF
Retail - Small
933
Fast Food w/o Drive -Thru
26.15
49%
13.337
$21,771,44 per KSF
Retail - Small
934
Fast Food wlDrive -Thru
32.65
50%
16,325
$26,650.07 per KSF
Retail - Small
936
Coffee /Donut Shop w/o Drive -Thru
40.75
49%
20.783
$37,252.97 per KSF
Retail - Small
942
Automobile Care Center
3.11
28%
2.239
$3,655.43 er KSF
15
Land Use Group
Services
ITE
Code
ITE Land Use Category'
ITE Trip %
Rate
Pass
B Tri s 3
Net New Trips per
Development Unit
0.260
Impact Fee
Per Development Unit a
$424.44 per KSF
151
Mini Warehouse
0.26
0%
Services
310
Hotel
0.60
0%
0.600
$979.48 per KSF
Services
320
Motel
0.47
0%
0.470
$767.26 per KSF
Services
560
Church
0.55
0%
0.550
$897.86 per KSF
Services
565
Day Care Center
12.34
75%
3.085
$5,036.17 per KSF
Services
732
US Post Office
11.22
1 47%
5.947
$9.707.65 per KSF
_
1 institute of Transportation Engineers, Trio Generation Manual (9th Edltlon)
2 Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4 -6 pm) Note: Sq. Ft. rate expressed per 1000 SF.
3 Average Pass -by Rates, per Trip Generation Manual (91h edition) User's Guide and Handbook: an ITE Recommended Practice, 2012.
Additional pass -by rate adjusted based on local conditions and engineering Judgment.
4 Sq. Ft. = Square Feet, VSP = vehlcle servicing position
C. Administrative Fee 2 %, added to calculated fee total
D. Independent Fee Calculation Review: $500.00.
Section 2. This ordinance shall take effect and be in force on October 1, 2015.
PASSED BY THE CITY COUNCIL this 8th day of September, 2015.
APPROVED BY THE MAYOR this 8 1 day of September, 2015.
a�n� epc&a_�
Anne S. Blair, Mayor
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: June 30, 2015
PASSED BY THE CITY COUNCIL: September 8, 2015
PUBLISHED: September 11, 2015
EFFECTIVE DATE: October 1, 2014
ORDINANCE NUMBER: 2015 -07
16