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Home My WebLink AboutO-2824 - Amends Sec. 18B.14.035, traffic impact fee exemptions (Repealed by 2852)CITY OF MARYSVILLE Marysville, Washington ORDINANCE No.28d.+ AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON AMENDING MMC 18B.14.035 BY ADDING A NEW SUBSECTION (4)(e) RELATING TO TRAFFIC IMPACT FEE EXEMPTION REFUNDS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. MMC 18B.14.035 is hereby amended to read as follows: 18B.14.035 Traffic impact fee exemption. (1) Traffic Impact Fee Exemption Established. Pursuant to RCW 82.02.060(2) and (4) there is hereby established an exemption from the traffic impact fee set forth in MMC 18B.14.030 for development activity which meets the criteria of subsection (3) of this section. (2) Application for Traffic Impact Fee Exemption. (a) Impact Fee Exemption. Any developer applying for or receiving a building permit which meets the criteria set forth in subsection (3) of this section may apply to the director ofpublic works or designee for an exemption from the traffic impact fee established pursuant to MMC 18B.14.030. Said application shall be on forms provided by the city and shall be accompanied by all information and data the city deems necessary to process the application. To the extent it is authorized by law the city shall endeavor to keep all proprietary information submitted with said application confidential; provided, however, this section shall not create or establish a special duty to do so. (3) Exemption Criteria. To be eligible for the traffic impact fee exemption established by this section, the applicant shall meet each of the following criteria: (a) The applicant must be a new commercial retail business in the Marysville city limits. For purposes of this section, "new commercial retail business" shall mean any business which sells retail goods and services which are subject to the retail sales tax provisions of Chapter 3.84 MMC and which applies for a building permit and which is subject to payment of traffic impact fees pursuant to this title. (b) Based on similar store sales or other reliable data, as determined by the city, the applicant must demonstrate that it is likely to generate to the city of Marysville average ORDINANCE Page I of4W/mv/ord.am.MMC J8B.14.035 annual city of Marysville portion sales and use tax revenue of at least $200,000 based upon the three-year period commencing from date of certificate of occupancy. (c) The applicant must be a new retail business located within one of the following prescribed land use zones: light industrial (LI), general commercial (GC), community business (CB), mixed use (MU), downtown commercial (DC). (4) Administration of Traffic Impact Fee Exemption. (a) Upon acceptance of an application for exemption from traffic impact fees pursuant to subsection (2) of this section, the applicant shall pay to the city the full amount of the traffic impact fees required pursuant to MMC 18B.14.030. Following receipt of the traffic impact fees the city shall deposit and manage the fees as set forth in subsection (5) of this section. At the expiration of a three-year period commencing from the date of issuance of a certificate of occupancy the public works director, with the assistance of the city finance director shall determine if the average annual city of Marysville portion sales and use tax revenue received by the city meets the minimum amount stated in subsection (3)(b) of this section. The determination shall be based upon the sales tax reporting requirements of Chapter 3.84 MMC as it now reads or is hereafter amended. (b) In the event the three-year average annual city of Marysville portion sales and use tax revenue criteria of subsection (3)(b) of this section has been met as determined by the director of public works, there shall be an exemption of 50 percent from the traffic impact fees otherwise due pursuant to MMC 18B.14.030. In such case, 50 percent of the amount paid to the city pursuant to subsection (4)(a) of this section shall be refunded to the applicant, plus any accrued interest. The remainder of the funds deposited pursuant to subsection (4) of this section shall belong to the city and shall be released to the city. (c) In the event the three-year average annual city of Marysville portion sales and use tax revenue criteria of subsection (3)(b) of this section has not been met, the traffic impact fee required under MMC 18B.14.030 shall immediately belong to and shall be released to the city; provided, however, in cases where the applicant has met at least 75 percent of the amount set forth in subsection (3)(b) of this section, the applicant shall receive a partial exemption which shall result in a refund of 25 percent of the amount paid to the city pursuant to subsection (4) of this section plus any accrued interest. The remainder of the funds deposited pursuant to subsection (4) ofthis section shall belong to the city and shall be released to the city. ORDINANCE Page 2 of4W/mv/ord.am.MMC 188.14.035 (d) In cases where the applicant has not met either the three-year annual sales and use tax revenue of subsection (3)(b) of this section or 75 percent thereof, all traffic impact fees paid pursuant to MMC l8B.14.030 shall belong to the city. (e) By mutual agreement of the City and the applicant, any refund due under MMC 18B.14.035 may be applied to an obligation or assessment owed by the applicant for City street improvement purposes, including, but not limited to any obligation or assessment under a local improvement district for streets. (5) Deposit and Management of Traffic Impact Fees. Traffic impact fees paid by an applicant pursuant to this section and the provisions ofMMC l8B.14.030 shall be deposited by the city into a separate interest bearing account with any qualified public depository for local government as determined by the city. The account holder shall be the city of Marysville. The city may at its option withdraw up to 50 percent of said funds at any time for uses authorized by this title. All other funds deposited in that account shall be used exclusively for payment of refunds to eligible applicants pursuant to subsection (4) of this section and balances, ifany, to which the city is entitled. All refunds and interest to which an applicant is entitled shall be paid by the city within 120 days following the three-year period following the issuance of a certificate of occupancy. (6) Appeals. Any applicant aggrieved by the determination of the director of public works as to whether the criteria of subsection (3) of this section have been met or the eligibility for an exemption from MMC 18B.14.030 or the amount of refund to which an applicant is entitled pursuant to subsection (4) of this section may file a written appeal to the city's land use hearing examiner as established by Chapter 2.70 MMC. The city examiner is hereby specifically authorized to hear and decide such appeals and the decision of the hearing examiner shall be final action of the city and subject to appeal pursuant to Chapter liJl MMC. (7) Application of Sales and Use Tax Revenue from Businesses Which Receive an Exemption or Partial Exemption. (a) All sales and use tax received by the city from applicants who receive an exemption or partial exemption from the requirements of this title shall be deposited in a special account to be administered by the city. Said account shall be established to pay traffic impact fees that otherwise would have been paid had an exemption or partial exemption not been granted. Said amounts shall be expended for purposes authorized by and in accordance with the provisions of this title and the provisions of the city's capital improvement plan for streets. All sales and use tax revenues in excess of the amount paid as traffic impact fees received by the city from the applicant may be deposited in the city's general fund and may be expended for any lawful purpose as directed by the city council. ORDINANCE Page 3 of4W/mv/ord.am.MMC 18B.14.035 (b) Special Sales Tax Account. The city shall establish by separate ordinance a special sales tax account for the purposes set forth in subsection (7)(a) of this section. (Ord. 2574 §§ 2 -8, 2005). Section 2. Severability. If any word, phrase, sentence, provision, or portion of this ordinance is declared to be invalid or unenforceable, it shall not affect validity or enforceability of the remaining words, phrases, sentences, provisions or portions of this ordinance. PASSED by the City Council and APPROVED by the Mayor this/Jf H,day of'JCaR,..201O. CITY OF MARYSVILLE BY~ LiLV DENNIS KENDALL, MAYOR ATTEST: ~ / By' ~ ~-T4kEF~RK Approved as to form:~ By~/<"l <:1RANT K. WEED CITY ATTORNEY Date of Publication: ft; It Ie / ( D I I Effective Date (5 days after publication): ---"'''-If--f-''U-----j!~.L-(....0"- ORDINANCE Page 4 of 4W/mv/ord.am.MMC 18B. 14.035