HomeMy WebLinkAboutO-2858 - Amends Sec. 22A.010.160 and 22D.030.070, amendments and traffic impact fees (22A.010, 22D.030)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE N02.~5g
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON
RELATING TO THE CITY'S UNIFORM DEVELOPMENT CODE (MMC Title
22) and TRAFFIC IMPACT FEES; AMENDING MMC 22D.030.070 TO ADD A
NEW SUBSECTION (4)(d)(v) RELATING TO TRAFFIC IMPACT FEE
EXEMPTION REFUNDS AND AMENDING MMC 22A.OIO.160 RELATED TO
TRACKING AMENDMENTS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Subsection (4)(d) ofMMC 22D.030.070 is hereby amended to read as follows:
"(4) Traffic impact fee exemption.
(a) 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 22D.030.070(3) for development activity which
meets the criteria of subsection (c) of this section.
(b) Application for Traffic Impact Fee Exemption. Any developer
applying for or receiving a building permit which meets the criteria set forth in
subsection (c) of this section may apply to the director of public works or
designee for an exemption from the traffic impact fee established pursuant to
MMC 22D.030.070(3). 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.
(c) Exemption Criteria. To be eligible for the traffic impact fee exemption
established by this section, the applicant shall meet each of the following criteria:
(i) 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.
(ii) Based on similar store sales or other reliable data, as
determined by the city, the applicant must demonstrate that it is likely to
ORDINANCE Page I of 4W/M-Il-O IO/ord.am.MMC 220.030.070
generate to the city of Marysville average 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.
(iii) 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 (OC).
(d) Administration ofTraffic Impact Fee Exemption.
(i) Upon acceptance of an application for exemption from traffic
impact fees pursuant to subsection (b) of this section, the applicant shall
pay to the city the full amount of the traffic impact fees required pursuant
to MMC 220.030.070(3). Following receipt of the traffic impact fees the
city shall deposit and manage the fees as set forth in subsection (e) 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 (c)(ii) 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.
(ii) In the event the three-year average annual city of Marysville
portion sales and use tax revenue criteria of subsection (c)(ii) 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 220.030.070(3). In such case, 50 percent of the
amount paid to the city pursuant to subsection (d)(i) of this section shall be
refunded to the applicant, plus any accrued interest. The remainder of the
funds deposited pursuant to subsection (d) of this section shall belong to
the city and shall be released to the city.
(iii) 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
220.030.070(3) 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 (c)(ii) 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 (d) of this
section plus any accrued interest. The remainder of the funds deposited
pursuant to subsection (d) of this section shall belong to the city and shall
be released to the city.
(iv) In cases where the applicant has not met either the three-year
annual sales and use tax revenue of subsection (c)(ii) of this section or 75
percent thereof, all traffic impact fees paid pursuant to MMC
220.030.070(3) shall belong to the city.
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(v) By mutual agreement of the City and the applicant, any refund
due under MMC 22D.030.070 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.
(e) Deposit and Management of Traffic Impact Fees. Traffic impact fees
paid by an applicant pursuant to this section and the provisions of MMC
220.030.070(3) 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 (d) of this section
and balances, if any, 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.
(f) Appeals. Any applicant aggrieved by the determination of the director
of public works as to whether the criteria of subsection (c) of this section have
been met or the eligibility for an exemption from MMC 22D.030.070(3) or the
amount of refund to which an applicant is entitled pursuant to subsection (d) of
this section may file a written appeal to the city's land use hearing examiner as
established by Chapter 22G.060 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 MMC
22G.Ol0.540.
(g) Application of Sales and Use Tax Revenue from Businesses Which
Receive an Exemption or Partial Exemption.
(i) 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.
(ii) Special Sales Tax Account. The city shall establish by separate
ordinance a special sales tax account for the purposes set forth in
subsection (g)(i) of this section."
Section 2. MMC 22A.010.160 is hereby amended to read as follows:
ORDINANCE Page 3 of4 W/M-II-OIO/ord.am.MMC 220.030.070
"22A.OlO.160 Amendments.
The following amendments have been made to the UDC subsequent to its adoption:
Ordinance Title (description) Effective Date
Traffic Impact Fee Exemption Refunds __--', 2011"
Section 3. 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.
Section 4. Effective Date. This ordinance shall become effective five days after the date of
its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this.2~ day otlfr. f ,2011.
CITY OF MARYSVILLE
By~~4§
JO~~HRING, AYO
ATIES)]: ~rtiv:ttl!~:i[TYCLERK
A~;(,l O'f:;fL -t'.}ef"'~
Approved as to fonn: n
BY:@~C.·W~
GRA TKWEED CITY ATIORNEY
Date of Publication: 4.(J 7 20 II
Effective Date (5 days after publication): l1k{j ~{ 101/
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