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10 <br /> 11.5 If an applicant disputes the fee described in this section, the applicant has the option of <br /> preparing a traffic analysis at its expense;as described in this ordinance and as approved by the <br /> City Traffic Engineer,to demonstrate a lesser impact and to mitigate the transportation impacts <br /> in accordance with section 9 of this chapter. <br /> Section 12: Credit for improvements and non-duplication of mitigation <br /> 12.1 When determining the mitigation costs attributable to the proposed project, the City <br /> Traffic Engineer shall take into consideration and give fair credit for transportation • <br /> improvements, including dedication land, that: (1) address some or all of a proposed project's <br /> impacts;and/or(2)have previously been imposed and fulfilled as a condition of a prior Iand use <br /> approval related to the proposed project. The City Traffic Engineer shall also take into <br /> consideration and give fair credit for the contributions made by the subject property owner or <br /> his/her predecessor(s) in interest under any transportation funding device, such as a Local <br /> Improvement District(LID),Transportation Benefit District(TBD), development agreement,or <br /> similar mechanism. Any claim for credit made later than the time of application for a building <br /> permit shall be deemed to be waived. <br /> 12.2 A person required to pay a fee for system improvements under RCW 82.02.050 through <br /> 82.02.090 shall not be required to pay a fee under SEPA.and this chapter for those same system <br /> improvements. <br /> 12.3 The prohibition on non-duplication limits the City from requiring an applicant to pay <br /> more than once for a transportation improvement to address the same environmental impact. It is <br /> not a duplicative requirement for an applicant to pay a fee for system improvements and to pay <br /> or install local transportation improvement,provided these different mitigation obligations do not <br /> address the same,specific environmental impact resulting from the project. <br /> 12.4 Agreements may provide for credit for future improvements if the City and the applicant <br /> agree that the applicant is implementing transportation improvements beyond those required <br /> under this ordinance. <br /> Section 13: Form of commitment <br /> The applicant may enter into contractual and financing arrangements, including latecomer <br /> agreements, development agreements,or other agreements in any form that is satisfactory to the <br /> City and is legal binding and enforceable on the applicant. Any agreement must bind the <br /> applicant's successors in interest,at least until such time as the improvements have been paid for <br /> or are operational. Any agreements must be in a form approved by the City Attorney. <br /> Section 14: Procedure for payment and use of fees <br /> 14.1 Payment of all fees shall be made prior to: <br /> 1. Final plat approval in the case of subdivisions and short subdivisions;or <br /> 2. In all other cases,be prior to the issuance of any building permits. <br /> -11- <br /> 56 <br />