4A.10.010 Applicability.
A. Park Impact Fees and School Impact Fees apply to any applicant seeking permission to develop land within unincorporated Pierce County after January 1, 1997, by applying for a building permit for a residential building or a permit for residential mobile/manufactured home installation. Such applicant is required to pay an impact fee in the manner and amount set forth in this Title.
1. The following development activities are excluded from the obligation to pay impact fees pursuant to Chapters 4A.20 and 4A.30 PCC for the specific facilities and services noted, on the grounds that they either do not create an impact on those facilities and services, the impacts created have previously been adequately mitigated, or their impacts are de minimis and the cost of administering the impact fee would exceed the fee collected:
a. Alteration, expansion, reconstruction or remodeling of existing single-family or multi-family dwelling units that does not result in additional dwelling units; or
b. Any dwelling unit licensed and operated as transient accommodations under Chapter 70.62 RCW and WAC 248-144-020(26), such as hotels, motels, condominiums, and resorts; provided, however, this exclusion ceases if the housing is later converted to permanent use as a single-family or multi-family residence not subject to such restrictions; or
c. Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act.
d. Replacement of a residential structure with a new residential structure of the same number of dwelling units at the same site or lot when a completed application for the building permit for such replacement is accepted by the County within 5 years of the demolition or destruction of the prior residential structure; or
e. In addition to subsections A.1.a. through d. above, for school impact fees:
(1) Any development activity for which school capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, or construct or improve school facilities pursuant to a preliminary plat, short plat, PUD, and/or PDD approval granted prior to the effective date of this Chapter, unless the terms of the plat, PUD, or PDD approval expressly provide otherwise; or
(2) Any development activity for which school capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, and/or construct or improve school facilities pursuant to a voluntary agreement entered into with the applicable School District prior to January 1, 1997, unless the terms of the agreement expressly provide otherwise; or
(3) Any new residential units with a recorded agreement, lien and covenant running with the land, binding all the assigns, heirs and successors of the applicant to secure the affordability requirements for low income households through Chapter 18A.65 PCC, "Affordable Housing Incentives." A fee waiver or reimbursement shall only be available on a first come first served basis if alternative funding is available and transferred to the appropriate School District Impact Fee fund account; or
(4) Accessory dwelling units; or
(5) Any dwelling unit subject to restrictions that may be legally enforced by a private party or governmental entity limiting occupants exclusively to residents over a minimum age or other populations that do not include children of the ages five to twenty-one years old, including without limitation nursing homes and retirement centers; provided, however, this exclusion ceases if the housing is later converted to permanent use as a single-family or multi-family residence not subject to such restrictions.
f. In addition to subsections A.1.a. through d. above, for park impact fees:
(1) Any development activity for which park system capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, or construct or improve park system facilities pursuant to a preliminary plat, short plat, PUD, and/or PDD approval granted prior to the effective date of this Chapter, provided Pierce County agrees to accept said park system dedication or fee as documented in an agreement prescribed by the Parks and Recreation Department; or
(2) Any development activity for which park system capital facility impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, and/or construct or improve park system facilities pursuant to a voluntary agreement entered into with the County prior to January 1, 1997, provided Pierce County has agreed to accept said park system facilities dedication or fee; or
(3) Any new residential units approved through Chapter 18A.65 PCC, "Affordable Housing Incentives" if sufficient funds have been appropriated by the Pierce County Council and are available for transfer to the Park Impact Fee Fund to replace those fees waived or refunded to the developer.
(4) Any new Senior/Assisted Living Facilities, as defined by PCC 4A.10.020 and licensed under Chapter 18.20 RCW; provided, that this exclusion ceases if the housing is later converted to permanent use as a single-family or multi-family residence not subject to such restrictions; or
(5) Any new Nursing Home Facilities, as defined and licensed under Chapter 18.51 RCW; provided, that this exclusion ceases if the housing is later converted to permanent use as a single-family or multi-family residence not subject to such restrictions.
2. The Director of Planning and Public Works shall be authorized to determine whether a particular development activity falls within an exclusion and/or exemption from impact fees identified in this Section, in any other Section, or under other applicable law. Determinations of the Director of Planning and Public Works shall be in writing and shall be subject to appeal as provided in PCC 4A.10.120.
B. Traffic Impact Fees apply to any applicant proposing any development activity within unincorporated Pierce County on or after the effective date established by Ordinance No. 2006-60s, where such development activity requires the issuance of a building permit. Where no building permit will be associated with the development, such as a development requiring a Conditional or Administrative Use Permit, payment is required as a condition of approval. Any reference to building permit within this Title shall be interpreted to mean building permit required for development. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional public facilities, as well as a change in existing use that creates a demand for additional public facilities.
1. The following development activities are excluded from the obligation to pay traffic impact fees pursuant to Chapter 4A.40 PCC for the specific facilities and services noted, on the grounds that they either do not create an impact on those facilities and services, or the impacts created have previously been adequately mitigated, or their impacts are de minimus and the cost of administering the impact fee would exceed the fee collected:
a. Alteration or expansion of an existing structure that does not add any residential dwelling units or expand the gross floor area of nonresidential structures by more than 100 square feet and that maintains the same (or less intensive) land use; or
b. Miscellaneous improvements, including, but not limited to, fences, walls, signs, and residential swimming pools; or
c. Demolition or removal of a structure within the County; or
d. Replacement of a residential structure with a new residential structure when a completed application for the building permit for such replacement is accepted by the County within five years of the demolition or destruction of the prior residential structure. The replacement structure must have the same number of dwelling units at the same site or lot as the original structure; or
e. Replacement of a non-residential structure with a new non-residential structure of the same size and use at the same site or lot when a completed application for the building permit for such replacement is accepted by the County within five years of the demolition or destruction of the prior nonresidential structure. The replacement nonresidential structure shall be considered to be the same size as the prior nonresidential structure if the gross floor area of the building will not be increased by more than 100 square feet; or
f. Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100 due to mitigation of the same system improvement under the State Environmental Policy Act; or
g. Any development activity for which traffic impacts have been mitigated by the payment of or promise or obligation to pay fees, dedicate land, and/or construct or improve road facilities pursuant to a voluntary written agreement, entered into with the County prior to the effective date of this Chapter, that specifically provides for an exemption or waiver of payment of traffic impact fees.
2. The following development activities shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that provide low-income housing in Pierce County:
a. Low-income owner-occupied housing, provided the owner executes and records a covenant on the property providing that the dwelling unit will continue to be used for low-income housing, and that in the event that the dwelling unit is no longer used for low-income housing, the owner shall pay the County the traffic impact fee from which the owner or any prior owner was exempt, plus interest.
b. Low-income rental housing, provided the owner of low-income housing executes and records a lien against the property providing that the dwelling unit will continue to be used for low-income housing. The lien against the property shall be subject only to the lien for general taxes. In the event that a rental unit is no longer used for low-income housing, the owner shall pay the County the impact fee from which the owner or any prior owner was exempt, plus interest of 3 percent per annum accrued from the date of building permit issuance until the date of full payment of said impact fees. The lien shall run with the land and apply to subsequent owners.
c. Any claim for an exemption for low-income housing must be made no later than the time of application for a building permit or site development activity permit. Any claim not so made shall be deemed waived.
d. Any new residential units approved through Chapter 18A.65 PCC, "Affordable Housing Incentives," if sufficient funds have been appropriated by the Pierce County Council and are available for transfer to the Traffic Impact Fee Fund to replace those fees waived or refunded to the developer.
e. Public, private, and parochial school facilities, including, but not limited to, administrative, maintenance and other building of a school district shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that contribute to the broad public purpose of providing kindergarten through 12th grade (primary and/or secondary) education services in Pierce County. Preschool and post-secondary school facilities are not exempt.
f. Use of religious assembly facilities that contribute to the broad public purpose of providing religious services in Pierce County (such as churches, temples, and synagogues) shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020. Other uses of religious assembly facilities (such as daycares, preschools, social organization meetings) are not exempt.
g. The following development activities shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the following types of development listed in PCC 4A.40.020 that contribute to the broad public purpose of improving the economy of Pierce County by providing additional family wage jobs in the County. The land uses eligible for this exemption shall be defined according to the ITE Land Use Code:
(1) General Light Industrial, ITE Land Use Code 110; or
(2) General Heavy Industrial, ITE Land Use Code 120; or
(3) Manufacturing, ITE Land Use Code 140; or
(4) Corporate Headquarters Building, ITE Land Use Code 714; or
(5) Research and Development Center, ITE Land Use Code 760.
h. Park-and-ride facilities and bus transfer stations shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that contribute to the broad public purpose of supporting mass transit in Pierce County.
i. Police and fire stations shall be exempt from the imposition of traffic impact fees pursuant to Chapter 4A.40 PCC on the basis of the provisions of RCW 82.02.060(2), which authorize the County to exempt traffic impact fees for the development listed in PCC 4A.40.020 that contribute to the broad public purpose of supporting public safety services in Pierce County.
3. The amount of impact fees not collected from exempt development set forth in PCC 4A.10.010 B.2. shall be paid from public funds other than impact fee accounts.
4. The Director of Planning and Public Works shall be authorized to determine whether a particular development activity falls within an exclusion and/or exemption from traffic impact fees identified in this Section, in any other Section, or under other applicable law. Determinations of the Director of Planning and Public Works shall be in writing and shall be subject to appeal as provided in PCC 4A.10.120.
5. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in Chapter 4A.40 PCC.
6. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement, or new accessory building, the impact fee shall be the applicable impact fee for the land use category of the new use, less an amount equal to the current impact fee rate for the most recent prior use, provided that the prior use was an active use at some time within the previous five years. An adjustment for prior use will not be applicable for properties which have been vacant or unused for more than five years