19.04.050 Definitions | Bellingham Municipal Code

19.04.050 Definitions.

“Bellingham comprehensive park, recreation and open space plan” means the planning document that includes a park and recreation inventory, facility demand, policy and guidance on developing citywide and local park and recreation facilities.

“Capital facilities plan (CFP)” means a six-year plan that is annually updated and approved by the council to finance the development of capital facilities necessary to support the population projected within Bellingham over the next six-year projection period. As defined in the GMA, the CFP will include:

A. Forecast of future needs for park facilities and open space;

B. Identification of additional demands placed on existing public facilities by new development;

C. Long-range construction and capital improvement projects of the city;

D. Parks under construction or expansion;

E. Proposed locations and capacities of expanded or new park facilities;

F. Inventory of existing park facilities;

G. At least a six-year financing component, updated as necessary to maintain at least a six-year forecast period, for financing needed for park facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters; and

H. Identification of deficiencies in park facilities and the means by which existing deficiencies will be eliminated within a reasonable period of time.

“Capital improvement” includes, without limitation, park planning, land acquisition, site improvements, buildings, and equipment but excludes maintenance, operation, repair, alteration, or replacement.

“City” means the city of Bellingham, Washington.

“Developer” means any person or entity who owns or holds purchase options or other development control over real property for which development activity is proposed.

“Development activity” means any construction or expansion of a residential building, structure, or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for park and recreational facilities (GMA, Section 48, RCW 82.02.090).

“Development approval” means any written authorization from a county, city or other municipal jurisdiction that authorizes the commencement of development activity.

“Encumbered” means impact fees identified by the city as being committed as part of the funding for a park facility for which the public funded share has been assured or building permits sought or construction contracts executed.

A. “Environments and facilities – citywide” should:

1. Have significant physical qualities;

2. Have historical, cultural or social values;

3. Not be duplicated elsewhere in the city;

4. Be of citywide interest;

5. Protect environmentally sensitive areas; and

6. Be accessible to residents of the city by trails, park features or local roads.

B. Citywide facilities may:

1. Have high population participation rates;

2. Have high user volumes;

3. Benefit residents of a number of neighborhoods including adjacent jurisdictions;

4. Involve joint ventures;

5. Represent the ultimate competition level play facility;

6. Have no or low user fee recapture opportunities;

7. Have unique location requirements that require citywide coordination; and

8. Be activities for which there are no other logical or available sponsors.

A. Environments and facilities – local:

1. Should have significant character;

2. Should have local historical or social values; but

3. May be duplicated elsewhere within the city, though not elsewhere within the local area; and

4. Should be of local rather than citywide interest.

B. Local facilities:

1. Have significant but not high user participations;

2. Are oriented to local user preferences;

3. Are limited in appeal;

4. Are developed to minimum levels of playing skill or competition;

5. Have no or low fee recapture potentials;

6. Are not subject to special siting considerations; and

7. May have a number of other public and private sponsors.

“Growth impact fee assessment” means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development:

A. Where such public facilities are reasonably related to the new development that creates additional demand for public facilities;

B. Where such fees are a proportionate share of the cost of the public facilities; and

C. Where such fees are used for facilities that reasonably benefit the new development.

Park impact fees will be a proportionate amount (less than 100 percent) of the land acquisition and facility development value or cost required to sustain the existing level of service (ELOS) as a result of new development.

The assessment fee proportion of the actual impact (as set forth in the definition of “Development activity”) will be determined on an annual basis by the council. The council will review and consider projected park and recreation facility requirements, funding capabilities and trends, citizen preferences concerning park improvement financing, and other issues when determining the proportionate amount to be charged new developments.

The growth impact fee assessment will include a proportionate amount:

1. For citywide facilities that may be distributed for the creation of a citywide system of park and recreation facilities on a citywide basis; and

2. Local facilities that may be used or invested by Bellingham for the creation of local facilities servicing the residents of Bellingham neighborhoods.

Growth Impact Requirement. Caused by population increases created by new developments determined by:

A. Calculating the inventory of existing park and recreational lands and facilities (optionally including funded projects listed within the current capital facilities plan (CFP));

B. Dividing by the existing population in order to determine the existing level of service (ELOS);

C. Multiplying by the population estimated to be created by the development project (per person or housing unit);

D. Multiplying by the estimated land and facility acquisition and development cost or value for each kind of land and facility unit, in order;

E. To determine the composite level of service (LOS) value or cost required per person (or housing unit) by the composite development project in order to sustain the existing level of service (ELOS).

The growth impact requirement will differentiate the proportional impact (cost or value) required to sustain citywide facilities and local facilities.

“Growth impact fee – schedule” means the table of impact fees to be charged per unit of development as computed by the formula adopted under this chapter, and indicating the standard fee amount per dwelling unit type to be paid as a condition of development within the city as attached hereto as Attachment A to the ordinance codified in this chapter.

“Improvements – project” means site improvements and facilities planned and designed to provide service for a particular development project. Project improvements are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. Project improvement examples include, without limitation, the construction of water and sewer lines or interior roads that serve only the structures and occupants located within the development.

No improvement or facility in a capital facilities plan (CFP) approved by the city council shall be considered a project improvement. The developer normally pays project improvements as a condition of development approval. Project improvements are not financed with public funds nor included within the city’s capital facilities plan and development impact fees.

“Improvements – system” means public facilities designed to serve areas within the community at large, in contrast to project improvements designed to service occupants of a particular development project or site. System improvement examples include, without limitation, collector or arterial roads, schools, and parks.

Systems improvements are financed with public funds in accordance with the city’s capital facilities plan (CFP). An impact fee may be imposed for a system improvement only if the improvement is included within Bellingham’s capital facilities plan (CFP).

“Level of service – existing/proposed (ELOS/PLOS)” means the ratio of park and recreation land and facility units (acres, fields, square feet, etc.) to the number of persons in the population (expressed in units per 1,000 persons).

The existing level of service (ELOS) includes all park and recreation land and facility units that have been improved to the present time and funded for improvement within the current (existing) time period specified in the capital facilities program (CFP).

The proposed level of service (PLOS) includes park and recreational land and facility units that are intended to be added to the current inventory over Bellingham’s comprehensive park, recreation and open space plan’s time period (20 years) to improve upon existing standards.

Growth impact fees are to be imposed on new developments in order to finance the development of additional facilities necessary to maintain the existing level of service (ELOS) as a result of the additional population requirements created by new development.

Existing and proposed level of service (ELOS/PLOS) requirements will be estimated:

A. For Citywide Facilities. For the creation of a citywide system of park and recreation facilities on a citywide basis; and

B. Local Facilities. For the creation of local facilities servicing the residents of Bellingham neighborhoods.

“Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded.

“Previously incurred system improvements” means system projects that were accomplished that will serve new growth and development. Impact fees can be imposed on an adjacent development to recover a proportionate share of the money Bellingham spent or previously incurred to provide for the future demand that the adjacent development now requires.

“Prior system deficiencies” means improvements that are necessary to expand the existing system to meet current level of service (LOS) requirements. Impact fees may not be used for prior system deficiencies or for improvements that do not benefit or serve new growth.

“Private recreational facility” means any recreational facility that is not owned by or dedicated to any public or governmental entity.

“Proportionate share” means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.

“Public facility” means the following capital facilities owned or operated by government entities:

A. Public streets and roads;

B. Publicly owned parks, open space, and recreation facilities;

C. School facilities; and

D. Fire protection facilities in jurisdictions that are not part of a fire district.

“Service areas – citywide/local park and recreational” means a geographic area in which a defined set of public facilities provide service to the population within the area. Park and recreational lands, facilities, and services will be provided under a tiered approach that includes:

A. A citywide system that will be organized on a citywide basis; and

B. A local system that may be organized on a neighborhood basis.

[Ord. 2018-11-022 § 1 (Exh. A); Ord. 2018-02-003; Ord. 2006-02-012].