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Sammamish Development Code
section. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. 7. The City shall refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, pursuant to RCW 82.02.0803., if the development for which impact fees were imposed did not occur; provided, that if the City has expended or encumbered the impact fees in good faith prior to the application for a refund, the director shall determine whether an impact has resulted and whether all or a portion of the impact fees paid shall be refunded.
2. Impact fees may be spent for system improvements, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off- site improvements, construction, engineering, architectural, permitting, financing, administrative expenses, mitigation costs, and any other expenses which can be capitalized pertaining to parks and recreational facility improvements. 3. Impact fees may also be used to recoup public improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. 4. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development.
J. Review
Use of funds
I.
1. The fee rates set forth in SDC 21.08.040K. may be reviewed and adjusted by the council as it deems necessary and appropriate to meet City needs, including, but not limited to, addressing the impact of inflation on labor, materials, and real property costs. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of the adjustment and revise the fee rates set forth in SDC 21.08.040K. If the council does not determine the amount
1. Pursuant to this Chapter, impact fees:
a. Shall be used for system improvements that will reasonably benefit the new growth and development; b. Shall not be imposed to make up for any system improvement deficiencies serving existing developments; and
c. Shall not be used for maintenance or operation.
Effective | January 1, 2022
Title 21: Sammamish Development Code | 599
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