Chapter 16.20
TRANSPORTATION IMPACT FEES

Sections:

16.20.010  Established.

16.20.020  Basis.

16.20.030  Administration.

16.20.040  Review and update of fees.

16.20.041  Collection of transportation impact fees for expenses previously incurred.

16.20.050  Credit for value of dedication or improvement to land.

16.20.010 Established.

A City of Maple Valley transportation impact fee is hereby established. The transportation impact fee shall be based upon new p.m. peak hour vehicle trips that are generated by the proposed development on an individual parcel of land within the City of Maple Valley. (Ord. O-02-210 § 1; Ord. O-98-77 § 2).

16.20.020 Basis.

A. The Six-Year Transportation Improvement Program (TIP), as presently constituted or hereafter amended, is incorporated by this reference as if fully set forth herein. A copy of the Six-Year Transportation Improvement Program has been filed with the City Clerk and is identified with Clerk's Receiving No. 1230 and by this reference fully incorporated herein. The TIP lists the transportation improvements to be constructed over the next six years. Fifty percent of these improvements are attributed to development that will occur during this time period. As shown on the TIP, a substantial amount of these projects will be funded through grants. The transportation impact fee is computed as follows:

Total Cost of 2009 – 2014 TIP

$34,568,135

Plus: Interest on Debt Service

$1,619,620

Less: Anticipated Grant Funding

$12,650,000

Less: Special Assessment District and Mitigation Payments

$399,000

Less: City Surface Water Funding

$1,400,000

TIP Costs Related to Impact Fee Calculation

$21,738,756

50% Funded by the City

$10,869,378

50% Funded by New Growth and Development

$10,869,378

Net New P.M. Peak Hour Trips

1,800

2009 Transportation Impact Fee

$6,039

B. The 2009 Transportation Impact Fee per net new P.M. peak trip shall be $6,039 for all noncommercial land uses. For commercial uses, the fee per peak hour trip shall be $6,039 for proposed developments generating 30 or more peak trips. For commercial uses generating fewer than 30 trips, the fee shall be based on the number of P.M. peak hour trips multiplied by the dollar value set forth in the following table:

Trips

Dollar Value

 

Trips

Dollar Value

1

$201.30

 

16

$3,220.80

2

$402.60

 

17

$3,422.10

3

$603.90

 

18

$3,623.40

4

$805.20

 

19

$3,824.70

5

$1,006.50

 

20

$4,026.00

6

$1,207.80

 

21

$4,227.30

7

$1,409.10

 

22

$4,428.60

8

$1,610.40

 

23

$4,629.90

9

$1,811.70

 

24

$4,831.20

10

$2,013.00

 

25

$5,032.50

11

$2,214.30

 

26

$5,233.80

12

$2,415.60

 

27

$5,435.10

13

$2,616.90

 

28

$5,636.40

14

$2,818.20

 

29

$5,837.70

15

$3,019.50

 

30

$6,039.00

C. The above table shall not apply to land use applications that have received a Transportation Concurrency Certificate for 30 P.M. peak trips or more.

D. Collection of Impact Fee. The City shall not issue the required building permit unless and until the impact fees set forth in the Transportation Impact Fee schedule have been paid. (Ord. O-08-367 §§ 1, 2; Ord. O-07-345 §§ 1, 2; Ord. O-06-334 §§ 1, 2; Ord. O-05-309 § 1; Ord. O-04-281 § 1; Ord. O-03-241 § 1; Ord. O-02-210 § 2; Ord. O-01-164 § 1; Ord. O-00-145 § 1; Ord. O-00-140 § 1; Ord. O-00-138 § 1; Ord. O-99-101 § 1; Ord. O-98-77 § 3).

16.20.030 Administration.

The administration of transportation impact fees shall be as follows:

A. The number of trips generated shall be based on specific trip information as presented in the Institute of Transportation Engineers' Trip Generation Manual.

B. For all land uses, other than residential, the Director of Public Works may require a registered professional engineer to prepare and file with the City a transportation study based on the Trip Generation Manual and standard engineering practices to differentiate between new trips generated and existing trips.

C. The Maple Valley Department of Public Works and the Department of Planning and Community Development shall approve and assess the impact fees. (Ord. O-05-309 § 2; Ord. O-04-281 § 2; Ord. O-03-241 § 2; Ord. O-98-77 § 4).

16.20.040 Review and update of fees.

Transportation impact fees shall be reviewed by the City Council and adjusted, as appropriate, in conjunction with the annual update of the City's Six-Year Transportation Improvement Program. (Ord. O-03-241 § 3; Ord. O-98-77 § 5).

16.20.041 Collection of transportation impact fees for expenses previously incurred.

As part of the annual review the City Council will determine whether transportation system improvements that were constructed prior to the Six-Year Transportation Improvement Program should be included in calculating the Transportation Impact Fee. In making this determination, the City Council will consider factors including:

A. Whether an impact fee for transportation system improvement costs previously incurred by the City shall be charged to new growth and development served by the previously constructed improvements; and

B. Transportation impact fees shall not be imposed to make up for any system improvement deficiencies; and

C. Transportation impact fees shall not be collected for any previous investment in the transportation system that was paid to mitigate the impact of development or was paid as any other condition of development. (Ord. O-05-309 § 3; Ord. O-04-281 § 3).

16.20.050 Credit for value of dedication or improvement to land.

A. Whenever a developer has agreed to make off-site improvements, and/or a dedication of land, to facilities in the City's financially committed Six-Year Transportation Improvement Program, the developer shall be entitled to a credit for the value of the land or the cost of construction against the fee that would be chargeable under the formula provided by this chapter. In determining such credits, consideration shall be given to projects that were included as financially committed projects in previous Transportation Improvement Programs and have been or are being completed in conjunction with current developments. The value or cost of the construction shall be estimated at the time of approval but must be documented in a manner satisfactory to the City. If construction costs are estimated, the documentation shall be confirmed after the construction is completed to assure that an accurate credit amount is provided. If the land value or construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a transportation impact fee.

B. Impact fees may be adjusted by the City, at the City's discretion, if one of the following circumstances exist:

1. The developer demonstrates that an impact fee was incorrectly calculated; or

2. Unusual circumstances identified by the developer demonstrate that, if the standard impact fee amount was applied to the development, it would be unfair or unjust.

C. A developer may provide studies and data to demonstrate that any particular factor used by the City may not be appropriately applied to the development proposal, but the City's data shall be presumed valid unless clearly demonstrated to be otherwise by the proponent.

D. Any appeal of the decision of the Director of the Department of Public Works or the Director of the Department of Community Development with regard to imposition of an impact fee shall follow the appeal process for the underlying permit. Where no other administrative appeal process is available, an appeal may be taken to the Hearing Examiner using the appeal procedures for Process 1 decisions pursuant to the City's development regulations. Any errors in the formula identified as a result of an appeal shall be referred to the City Council for possible modification.

E. Impact fees may be paid under protest in order to obtain a building permit or other approval of development activity when an appeal is filed. (Ord. O-05-309 § 4; Ord. O-04-281 § 4; Ord. O-03-241 § 4; Ord. O-00-140 § 1; Ord. O-99-101 § 2).