SB 5548 -
By Committee on Local Government & Housing
ADOPTED 04/08/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.02.060 and 1990 1st ex.s. c 17 s 44 are each
amended to read as follows:
The local ordinance by which impact fees are imposed:
(1) Shall include a schedule of impact fees which shall be adopted
for each type of development activity that is subject to impact fees,
specifying the amount of the impact fee to be imposed for each type of
system improvement. The schedule shall be based upon a formula or
other method of calculating such impact fees. In determining
proportionate share, the formula or other method of calculating impact
fees shall incorporate, among other things, the following:
(a) The cost of public facilities necessitated by new development;
(b) An adjustment to the cost of the public facilities for past or
future payments made or reasonably anticipated to be made by new
development to pay for particular system improvements in the form of
user fees, debt service payments, taxes, or other payments earmarked
for or proratable to the particular system improvement;
(c) The availability of other means of funding public facility
improvements;
(d) The cost of existing public facilities improvements; and
(e) The methods by which public facilities improvements were
financed;
(2) May provide an exemption for low-income housing, and other
development activities with broad public purposes, from these impact
fees, provided that the impact fees for such development activity shall
be paid from public funds other than impact fee accounts;
(3) Shall provide a credit for the value of any dedication of land
for, improvement to, or new construction of any system improvements
provided by the developer, to facilities that are identified in the
capital facilities plan and that are required by the county, city, or
town as a condition of approving the development activity;
(4) Shall provide a credit for the value of any dedication of land
for public transit infrastructure improvements requested by the
legislative authority of the applicable county, city, or town. A
credit may only be provided under this subsection (4) if the public
transit infrastructure improvement improves system capacity and the
long-term operational costs for the new public transit infrastructure
have been identified and secured for six or more years. Credits
provided under this subsection (4) may not exceed the value of the
impact fees for public streets and roads imposed on the applicable
development;
(5) Shall allow the county, city, or town imposing the impact fees
to adjust the standard impact fee at the time the fee is imposed to
consider unusual circumstances in specific cases to ensure that impact
fees are imposed fairly;
(((5))) (6) Shall include a provision for calculating the amount of
the fee to be imposed on a particular development that permits
consideration of studies and data submitted by the developer to adjust
the amount of the fee;
(((6))) (7) Shall establish one or more reasonable service areas
within which it shall calculate and impose impact fees for various land
use categories per unit of development;
(((7))) (8) May provide for the imposition of an impact fee for
system improvement costs previously incurred by a county, city, or town
to the extent that new growth and development will be served by the
previously constructed improvements provided such fee shall not be
imposed to make up for any system improvement deficiencies."
Correct the title.
EFFECT: (1) Removes provisions specifying that local ordinances by
which impact fees are imposed must provide a credit for the value of
any dedication of land for, improvement to, or new construction of any
project improvements, including public transportation infrastructure
improvements, provided by the developer.
(2) Specifies that local ordinances by which impact fees are
imposed must provide a credit for public transit infrastructure
improvements requested by the legislative authority of the applicable
county, city, or town.
(3) Specifies that these credits may only be provided if the public
transit infrastructure improvement improves system capacity and the
long-term operational costs for the new infrastructure have been
identified and secured for six or more years.
(4) Specifies that these credits may not exceed the value of impact
fees for public streets and roads imposed on the applicable
development.