2014/06/18 Council Agenda Packet

• • I0 • 14.2 All fees collected under this ordinance shall be obligated or expended on transportation improvements. Fees collected for specific projects shall be expended on those projects or may be expended on replacement projects that provide similar or greater improvements. 14.3 The fees shall be obligated or expended in all cases within five(5) years of collection. Any fees not so obligated or expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund;however,if the payment is not obligated or expended within five(5)years due to delay attributable to the project applicant,the payment shall be refunded without interest. . 14.4 An applicant's commitment to specific performance to construct a transportation improvement,including any bonds or financial assurance associated with the improvement,shall not be considered a fee, regardless of whether a monetary value has been assigned to the improvements in the traffic analysis or other project review documents or agreements. Section 15: Application to projects currently underway If a mitigation commitment has been made but has not been fully met by an applicant, the applicant is required to fulfill the commitment and, in addition, may be responsible for complying with the traffic study and • mitigation requirements of this chapter. Nothing in this chapter shall be construed to contravene the authority of the Responsible Official to withdraw a SEPA threshold determination as provided in WAC 197-11 340(3)(a). Section 16: Projects in core area Proposed projects located entirely or partially within the core area shall be governed by Section 111.4 of this chapter. For purposes of this ordinance the core area is defined inas the area shown en-the-rnap4n-Ex-hilait-4 Section 18 of this chapter. Section 17: Interpretation and implementation 17.1 This ordinance shall be liberally construed to achieve the purposes set forth in Section 1. 17.2 Compilation and update. This ordinance is a compilation of and replaced existing previously adopted traffic mitigation ordinances (Ordinance Nos. 1670-89, 1773-90, 1754-90, 1781-91, 2425-99: 2496-00 and related ordinances that extended these ordinances). This ordinance repeals and supersedes prior ordinances and updates them in order to be consistent with and implement the City's comprehensive plan, as well as the improved permit processing • requirements and maintains standards governing use of the environment substantially similar to those in existing plans and laws. Section 19 of this ordinance repeals the previous interim traffic mitigation ordinances. -12- 57