Ordinance 3774-20 - Laserfiche WebLink

Subsequent to the adoption of any updates to transportation element of the city of Everett's comprehensive plan a study may be undertaken to reevaluate the city of Everett's traffic mitigation fee. If it is determined that an update is appropriate the initial traffic mitigation fee shall be revised and the base year for calculating inflation shall be the year of that fee's implementation. 19.51.110 Requirements for transportation improvements when traffic analysis is not required. A. If a traffic analysis is not required under Section 19.51.040, but the proposed project would generate ten or more vehicle trips per day,the applicant shall mitigate the project's transportation impacts as follows. B. The applicant shall implement,or pay the city the cost of implementing, local transportation improvements as required by the city code and the city traffic engineer to meet street standards,safety requirements, or other localized impacts on or in close proximity to the project site that have been identified in the project review process. C. The applicant shall pay a fee for transportation system improvements as defined in Section 19.51.100(D)for each PM peak hour trip that the project will produce,as determined in the latest edition of the ITE Trip Generation Manual or as otherwise approved by the city traffic engineer.Any agreement to pay in accordance with the provisions of this section shall be in a form provided in Section 19.51.130. D. For projects within the core area(see Section 19.51.180),the fee shall be calculated by using seventy-five percent of projected trip generation using the ITE Trip Generation Manual,or as otherwise approved by the city traffic engineer based on reasonable trip generation assumptions and transportation demand management(TDM)plans as detailed in an approved traffic study. E. If an applicant disputes the fee described in this section,the applicant has the option of preparing a traffic analysis at its expense,as described in this chapter and as approved by the city traffic engineer,to demonstrate a lesser impact and to mitigate the transportation impacts in accordance with Section 19.51.090. 19.51.120 Credit for improvements and nonduplication of mitigation. A. When determining the mitigation costs attributable to the proposed project,the city traffic engineer shall take into consideration and give fair credit for transportation improvements,including dedication land,that:(1) address some or all of a proposed project's impacts;and/or(2)have previously been imposed and fulfilled as a condition of a prior land use approval related to the proposed project.The city traffic engineer shall also take into consideration and give fair credit for the contributions made by the subject property owner or his/her predecessor(s)in interest under any transportation funding device,such as a local improvement district(LID), transportation benefit district(TBD),development agreement,or similar mechanism.Any claim for credit made later than the time of application for a building permit shall be deemed to be waived. B. A person required to pay a fee for system improvements under RCW 82.02.050 through 82.02.090 shall not be required to pay a fee under SEPA and this chapter for those same system improvements. C. The prohibition on nonduplication limits the city from requiring an applicant to pay more than once for a transportation improvement to address the same environmental impact. It is not a duplicative requirement for an applicant to pay a fee for system improvements and to pay or install local transportation improvement, provided these different mitigation obligations do not address the same,specific environmental impact resulting from the project. D. Agreements may provide for credit for future improvements if the city and the applicant agree that the applicant is implementing transportation improvements beyond those required under this chapter. 19.51.130 Form of commitment. The applicant may enter into contractual and financing arrangements,including latecomer agreements, development agreements,or other agreements, in any form that is satisfactory to the city and is legally binding and enforceable on the applicant.Any agreement must bind the applicant's successors in interest,at least until Ch.19.51 Transportation Mitigation 8 City Council Action(11/04/2020)