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Home My WebLink AboutO-2906 - Adds Ch. 22J.090, industrial pilot program, living wage incentive (22J.090)CITY OF MARYSVILLE Marysville, Washington AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON ADOPTING A NEW CHAPTER 22J.090 OF THE MARYSVILLE MUNICIPAL CODE ENTITLED "INDUSTRIAL PILOT PROGRAM CREATING INCENTIVES FOR LIVING WAGE JOBS" AND ADDING SUNSET AND SEVERABILITY PROVISIONS. WHEREAS, the City of Marysville has deliberately planned for the future industrial development and build out of portions of the North Marysville area and other areas within the City limits and the urban growth boundary; and WHEREAS, one of the stated purposes in the City's comprehensive plan is the encouragement and development of living wage jobs; and WHEREAS, for the past several years, due in part to the down turn in the local, regional and national economy, the ability of the private sector to develop new industries and create new jobs has been difficult and challenging; and WHEREAS, the City Council of the City of Marysville finds that it is in the public interest to promulgate incentives for industry to create new living wage jobs within the City of Marysville; and WHEREAS, RCW 82.02.060(3) authorizes an impact fee 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 City as a condition of approving development activities; and WHEREAS, RCW 83.02.060(4) authorizes a city which imposes 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; and WHEREAS, the City Council of the City of Marysville finds that a credit for traffic impact fees and/or an adjustment of traffic impact fees as described in RCW 82.02.060(3) and (4) are consistent with and are justified in cases where new living wage jobs are created through the development and expansion of industry; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 22.1.090 of the Marysville Municipal Code is hereby adopted which shall read as follows: Ordinance Page 1 W/M-12-00 I/Ord.industrial pilot program.6.8.12 F INDUSTRIAL PILOT PROGRAM -LIVING WAGE INCENTIVE Sections: 221.090.010 Purpose. 221.090.020 Definition. 22J.090.030 Permitted locations. 221.090.040 Public benefit and living wage incentive. 221.090.050 Review process. 22J.090.060 Annual reporting and penalties. 221.090.070 Severability. 22J.090.010 Purpose. The purpose of this chapter is to establish a Living Wage Incentive (LWI) program to promote the creation of living wage jobs in the Light Industrial (LI) zone of the City. The program is focused on economic growth and job creation by offering reduced impact fee and connection charges in exchange for the creation of living wage jobs. The city of Marysville prioritizes policies that support living wage jobs. 22J.090.020 Defmitions. 1) "Living wage jobs" are defined as jobs generating not less than $18.00 per hour or greater working 2,080 hours per year. 2) "Primary Proposal" is defined as a proposed rezone, conditional use pennit or industrial building permit, or if the industry is proposed in an existing industrial building prior to issuance of a City business license. 22J.090.030 Permitted locations. The LWI program shall be utilized only in the Light Industrial (LI) zoning classification. 22J.090.040 Public benefit and living wage incentive. Public benefit. The public benefit of living wage jobs are that they provide for the earner's basic costs ofliving without the need for government support or poverty programs. Basic costs include provision of food, housing and utilities, child care, health care, household expenses, taxes, and some savings. Creation of new jobs/living wage jobs in Marysville also supports the local economy and fosters local commerce, sale tax revenue and economic growth. 22J.090.0S0 Application and Review process. I) Application. All LWI proposals shall be submitted to the Department of Community Development on application fonns provided by the City concurrent with any primary proposal, together with a two hundred dollar ($200.00) processing fee. 2) All LWI proposals shall be reviewed concurrently with a primary proposal as follows by supplying documentation demonstrating all of the following: a. Industries long tenn need for position; b. Pay scale; c. Need for number of positions that LWI is being applied for; Ordinance Page 2 W/M-12-00 I/0rd.industrial pilot program.6.8.12 F d. When the primary proposal requires a public hearing, the public hearing on the primary proposal shall serve as the hearing on the LWI proposal; e. When the primary proposal does not require a public hearing under this title, the LWI proposal shall be subject to the procedures set forth for director review in 22G.OIO.IOO f. Such other and further information as the Director deems necessary to fully and adequately evaluate the proposal. 22J.090.060 Incentive. I) If an application is deemed to meet the criteria of section 22].090.050 above, a qualified applicant may be eligible for a credit or adjustment to the traffic impact fee established in MMC Title 18B and MMC 14.07.010 as follows: for every five (5) living wage jobs created, the City may consider a 10% credit per traffic impact fee and connection sewer and water capital improvement charge up to a maximum of~ 70% of each individual fee. 2) In order that these not be a duplication of credit or adjustment already provided in other provisions of City Code, the City may reduce the fee credit or adjustment based on credit for the value of any dedication of land for, improvement to, and new construction of system improvements provided by the developer and also special circumstances applying to the subject proposal for which a credit or adjustment has already been allowed under MMC 18.24.050 or .060 or MCC 14.07.010 by supplying documentation. 22J.090.070 Annual reporting and penalties. 1) Each industry that qualifies and receives the LWI, will be required to submit annual payroll--reports to the City which demonstrates the perpetuation of all living wage jobs for which the industry received a credit. 2) Three (3) years from the date of approval of the credit or adjustment of the fees provided for herein, the applicant shall provide all required data to the City to determine the net gain or loss of living wage jobs compared to the number which were utilized to calculate the credit or adjustment to fees. lfthe number ofliving wage jobs created at the end of the three year period is the same or greater than the number used to calculate the credit or adjustment, the original credit or adjustment shall be deemed finally approved and confirmed. Any decrease in living wage jobs which the applicant received credit for will result in a proportionate reduction of the credit and repayment to the City for the loss of public benefit. 22J.090.080 Lien 1) The total amount of the traffic impact fee and sewer and water capital improvement fee credits authorized Section 221.090.040 above shall constitute a lien against the real property which is the subject of the development proposal. Said lien shall secure repayment for the loss of living wage jobs and a reduction of the previously allowed credit as described in Section 22J.090.070 above. The lien for impact fees shall: (a) Be in a form approved by the city attorney; and (b) Include the legal description, tax account number and address of the Ordinance Page 3 W/M·12-001/0rd.induslrial pilot program.6.8.12 F property. 2.) Upon receipt of final repayment of all fees for the development. the department shall execute a separate lien release for the property in a form approved by the city attorney. The property owner, at their expense, will be responsible for recording each lien release. 3.) In the event that the fees are not repaid in accordance with Section 22].090.070. the city shall institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW. In addition to any unpaid fees, the city shall be entitled to interest on the unpaid fees at the rate provided for in RCW 19.52.020 and the reasonable attorney fees and costs incurred by the city in the foreclosure process. Notwithstanding the foregoing. prior to commencement of foreclosure. the City shall give not less than thirty (30) days written notice to the person or entity whose name appears on the assessment rolls of the county assessor as owner of the property via certified mail with return receipt requested and regular mail advising of its intent to commence foreclosure proceedings. If the fees are paid in full to the city within the thirty (30) day notice period. no attorney fees. costs and interest will be owed. 4.) In the event that the fees are not paid in accordance with this section, and in addition to foreclosure proceedings provided in subsection (3). the city may initiate any other action(s) legally available to collect such fees. 22J.090.090 Sunset. This ordinance shall automatically be repealed without further action of the City Council and shall be of no further force and effect three (3) years from the effective date hereof. 22J.090.100 Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. ~ ADOPTED by the City Council and APPROVED by the Mayor this q day of Tv..\~ ,2012. CITY OF MARYSVILLE B ATTEST: Ordinance Page 4 WIM-12-00 1I0rd.industrial pilot program.6.8.12 F By nen, Deputy City Clerk Approved as to form: By NMd-r~~). Grant K. Weed, City Attorney Ordinance Page 5 WIM-12-00 l/Ord.indusoial pilot program.6.8.12 F