ORD NO. 2016-16 AMENDING CHAPTER 15.30 OF THE BIMC RELATING TO TRANSPORATATION IMPACT FEESORDINANCE NO. 2016-16
AN ORDINANCE of the City of Bainbridge
Island, Washington, amending Chapter 15.30 of the
Bainbridge Island Municipal Code relating to
Transportation Impact Fees to add a deferral
program for single-family residential construction
and to amend the table in Section 15.30.200(B).
WHEREAS, on September 8, 2015, the Bainbridge Island City Council
adopted Onlinance NQ. 2015-07 establishing a Tnaiispoi-taaion Impact Fee Program and
adopting a new Chapter 15.30 to Title 15 of the Bainbridge Island Municipal Code; and
WHEREAS, with the adoption of Engrossed Senate Bill (ESB) 5923 in April
2015, the Legislature amended Section 82.02.050 of the Revised Code of Washington
(RCW) to mandate that cities collecting impact fees adopt and maintain a deferral program
for the collection of impact fees for single-family detached and attached residential
construction; and
WHEREAS, ESB 5923 sets forth specific requirements for the deferral program
while also allowing cities certain discretion, including the time for deferral and the
collection of an administrative fee; and
WHEREAS, there are other administrative changes needed to clarify the intent of
the existing code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 15.30.070 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
A. The following development activity shall be exempted from the payment of
TIFs:
1. Alteration, expansion, or replacement of an existing single-family home.
2-3. Any legal accessory dwelling unit approved under BIMC Title 18, Zoning,
because it is considered part of the associated single-family use.
34. Miscellaneous improvements that do not generate increased p.m. peak hour
trips including, but not limited to, fences, walls, residential swimming pools, and
signs.
4-5. Demolition or moving of a structure when additional p.m. peak hour trips are
not generated.
56. A change of use that does not generate additional trips per unit of
development according to the trip generat o» rates established isi I 11
transportation impact fee rate schedule in BIMC 15.30.200.
6-7. Miscellaneous permits for activities that do not generate any new trips.
79. Rezones, comprehensive plan amendments, subdivisions, boundary line
adjustment and lot line eliminations, or any other land use permits.
89. Buildings or structures constructed by a regional transit authority pursuant to
RCW 82.02.090.
94-9. 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.
10414. Affordable housing as defined by BIMC 18.21.020 and 18.36.030(16) or
their successors.
1112. 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.
Section 2. The categories "Park and Ride" and "Retail — Small, ITE 925, Drinking Place" in
Section 15.30.200(B) of the Bainbridge Island Municipal Code are hereby amended to read as
follows:
Impact Fee per Trip Rate:
$1,632.47
Section 3. A new section 15.30.210 of the Bainbridge Island Municipal Code is hereby
adopted to read as follows:
15.30.210 Single -Family Residential Deferral Program
An applicant for a building permit for a single-family detached or
attached residence may request a deferral of the full impact fee
payment until final inspection. Deferral of impact fees are considered
under the following conditions:
A. An applicant for deferral must request the deferral no later than
the time of application for a building permit. Any request not so made
shall be deemed waived.
B. For the purposes of this deferral program, the following definitions
apply:
1. "Applicant" includes an entity that controls the applicant, is
controlled by the applicant, or is under common control with the
applicant.
2. "Single -Family Residence" means a permit for a single-family
attached or detached residence as set forth in Chapter 15.04 BIMC.
C. To receive a deferral, an applicant must:
Net New
ITE
% Pass-
Impact Fee per
Land Use
ITE
Trips per
ITE Land Use Category'
Trip
By
Development
Group
Code'
Development
Rate
Trips
Unit4
Unit
Pafk and
OW
Pafk and Ride , itli u,,
0:620
$1,012.13 r
Ride
Seriee
space
Retail —
925
Drinking Place
11.34
0%
11.340
$18,512.21 per
Small
35%
KSF
Section 3. A new section 15.30.210 of the Bainbridge Island Municipal Code is hereby
adopted to read as follows:
15.30.210 Single -Family Residential Deferral Program
An applicant for a building permit for a single-family detached or
attached residence may request a deferral of the full impact fee
payment until final inspection. Deferral of impact fees are considered
under the following conditions:
A. An applicant for deferral must request the deferral no later than
the time of application for a building permit. Any request not so made
shall be deemed waived.
B. For the purposes of this deferral program, the following definitions
apply:
1. "Applicant" includes an entity that controls the applicant, is
controlled by the applicant, or is under common control with the
applicant.
2. "Single -Family Residence" means a permit for a single-family
attached or detached residence as set forth in Chapter 15.04 BIMC.
C. To receive a deferral, an applicant must:
I . Submit a deferred impact fee application and
acknowledgement form for each single-family attached or detached
residence for which the applicant wishes to defer payment of the
impact fees;
2. At the applicant's expense, grant a n d record a deferred
impact fee lien in a form approved by the city against the property
in favor of the city in the amount of the deferred impact fee that:
a. includes the legal description, tax accoLiM
number, and address of the property;
b. requires payment of the impact fees to the city prior
to final inspection;
C. is signed by all owners of the property, with all
signatures acknowledged as required for a deed and recorded
in Kitsap County;
d. binds all successors in title after the recordation; and
e. is junior and subordinate to one mortgage for the
purpose of construction upon the same real property,
granted by the person who applied for the deferral of
impact fees.
D. The amount of impact fees deferred shall be determined by the fees
in effect at the time the applicant applies for a deferral.
E. Prior to final inspection, the applicant may pay the deferred amount
in installments, with no penalty for early payment.
F. The city shall withhold final inspection until the impact fees
have been paid in full. Upon receipt of final payment of impact fees
deferred under this subsection, the city shall execute a release of deferred
impact fee lien for each single-family attached or detached residence for
which the impact fees have been received. The applicant, or property
owner at the time of release, shall be responsible for recording the lien
release at his or her expense.
G. The extinguishment of a deferred impact fee lien by the
foreclosure of a lien having priority does not affect the obligation to pay
the impact fees as a condition of final inspection.
H. The city will not issue occupancy permits, including temporary
occupancy permits, until the impact fee is paid in full. If a residence is
discovered to be occupied without full payment of impact fees, then the city
may foreclose the lien. Satisfactory evidence of occupancy includes but is
not limited to the presence of furnishings, personal belongings, and utility
bills.
I. If impact fees are not paid in accordance with the deferral and in
accordance with the term provisions established herein, the city may
institute foreclosure proceedings in accordance with Chapter 61.12 RCW
and may recover all costs incurred, including reasonable attorneys' fees.
Section 4. This ordinance shall take effect and be in force five (5) days from its
passage, approval, and publication as required by law. Section 3 of this Ordinance shall
be effective September 1, 2016 and shall apply to all building permit applications made
on or after that date.
PASSED BY THE CITY COUNCIL this 23`d day of September, 2016.
APPROVED BY THE MAYOR this 23`d day of September, 2016.
Val. Tol efson, Mayo
ATTEST/AUTHENTICATE:
Rosa I i nil D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: August 3, 2016
PASSED BY THE CITY COUNCIL: August 23, 2016
PUBLISHED: August 26, 2016
EFFECTIVE DATE: September 1, 2016
ORDINANCE NUMBER: 2016-16