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A. Process for revision of traffic impact fees. Traffic impact fee rates shall be adjusted periodically to reflect changes in costs of land acquisition and construction, facility plan projects and anticipated growth. Traffic Impact Fee Program Technical Document may contain provision for automatic revision of traffic impact fee rate no more than once annually to reflect the change in a generally recognized and applicable inflation/deflation index.
B. Park impact fee rates may be revised. Rates may be revised using the following process:
1. The adopted Park Impact Fee Technical Document may be revised periodically by the city council when financial analysis establishes that there is a need for a major program update, but no less than every three years to evaluate the status of the rate of collection and the projected need to serve future residents. Such adjustments shall only become effective upon adoption by the city council.
C. Process for revision of school impact fees. School impact fee rates shall be adjusted periodically to reflect changes in costs of land acquisition and construction, facility plan projects and anticipated growth. Such adjustments shall only become effective upon adoption by the city council of a modification to the capital facilities plan.
D. Operation of impact fee fund. The city has created and established a special purpose, nonlapse impact fee fund. The city finance director shall establish separate accounts within such fund and maintain records for each such account whereby impact fees collected can be segregated by type of facility and by service area:
1. Collected interest. All interest shall be retained in the account and expended for the intended purposes that the impact fees were imposed.
2. Impact fee fund annual report. By April of each year, the finance director shall provide a report for the previous calendar year on each impact fee account showing the source and amount of moneys collected, earned or received and system improvements that were financed in whole or in part by impact fees.
E. Inter-local agreements and fees. The city of Vancouver may enter into an inter-local agreement with Clark County to establish a coordinated program for the imposition, collection, administration and expenditure of traffic and park impact fees.
F. School impact fees. School impact fees shall not be collected on behalf of any school district until such district enters into an inter-local agreement with city of Vancouver providing for submittal of capital facilities plans, fund administration, report of expenditure, allocation of risk, and other appropriate matters. Where Clark County adopts a substantially similar school impact fee for a district whose boundaries include portions of the city of Vancouver, such an inter-local agreement may include the county. The inter-local agreement may include a fee to cover the city’s cost of administering the school impact fee program.
G. Imposition of impact fees for costs previously incurred. The Review Authority may impose an impact fee for system improvements costs previously incurred by the city of Vancouver to the extent that new growth and development will be served by the previously constructed improvements, provided such fee shall not be imposed to make up for any system improvement deficiencies.
H. Expenditures for system improvements with impact fees. Impact fees for system improvements shall be expended only in conformance with the capital facilities plan. Impact fees shall be expended or encumbered for a permissible use within 10 years of receipt, unless an extraordinary and compelling reason exists for fees to be held longer than 10 years. Such extraordinary or compelling reasons shall be identified in written findings by the city council.
I. Refunds for the current owner. The current owner of property on which an impact fee has been paid may receive a refund of such fee if the city fails to expend or encumber the impact fees within 10 years of when the fees were paid, or such other period of time established pursuant to this subsection, on public facilities intended to benefit the development activity for which the impact fees were paid. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis. The current owner likewise may receive a proportionate refund where the public funding of applicable service area projects by the end of such 10-year period has been insufficient to satisfy the ratio of public-to-private funding for such service area as established in the capital facilities plan. The city shall notify potential claimants by first-class mail deposited with the United States Postal Service at the last known address of claimants.
1. Refund time period. The request for refund money must be submitted to the Vancouver city council in writing within one year of the date the right to claim the refund arises or the date the notice is given, whichever is later. Any impact fees that are not expended within these time limitations, and for which no application for refund has been made within this one-year period, shall be retained and expended on the indicated capital facilities. Refunds of impact fees under this subsection shall include interest earned on the impact fees.
2. Criteria for a refund with interest. A developer may request and shall receive a refund, including interest earned on the impact fees, when the building permit for which the impact fee has been paid has lapsed for noncommencement of construction. A partial refund shall be provided where the project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due.
J. Impact fees as additional and supplemental requirements. The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land or the issuance of building permits. This is provided that any other such city development regulation which would require the developer to undertake dedication or construction of a facility contained within the city capital facility plan shall be imposed only if the developer is given a credit against impact fees as provided for in Section 20.915.090 VMC. (Ord. M-4181 § 3, 11/07/2016; Ord. M-4107 § 7, 12/01/2014; Ord. M-4034 § 31, 12/03/2012; Ord. M-3959 § 46, 07/19/2010; Ord. M-3952 § 2, 04/05/2010; Ord. M-3951 § 2, 04/05/2010; Ord. M-3933 § 5, 11/16/2009; Ord. M-3909 § 2, 12/15/2008; Ord. M-3854 § 2, 11/19/2007; Ord. M-3785 § 2, 12/18/2006; Ord. M-3653 § 1, 05/03/2004; Ord. M-3643, 01/26/2004)