Ordinance 3774-20 - Laserfiche WebLink

b. The closing of the first sale of the property occurring after the issuance of the applicable building permit for which the fees were deferred;or c. Eighteen months from the date of building permit issuance. 8. If the building for which the deferral of the fee for transportation improvements is requested is located within a subdivision, unit lot subdivision or short subdivision,the subdivision, unit lot subdivision or short subdivision shall be recorded prior to recording the lien for fees and issuance of the building permit. 9. After the applicant has paid all deferred fees for transportation improvements,the applicant is responsible for submitting a lien release application to the city.The applicant,at their own expense,will be responsible for recording lien releases. 10. Compliance with the requirements of the deferral option shall constitute compliance with subdivision or short subdivision conditions pertaining to the timing of the fee payment. 11. If deferred fees for transportation improvements are not paid in accordance with terms authorized by state law and this section,the city may initiate foreclosure proceedings for the unpaid impact fees and all costs associated with the collection of the unpaid fees. 12. A request to defer transportation fees under this section may be combined in one application with a request to defer school impact fees under Section 19.52.090. C. All fees collected under this chapter 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. D. The fees shall be obligated or expended in all cases within five 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 years due to delay attributable to the project applicant,the payment shall be refunded without interest. E. An applicant's commitment to specific performance to construct or to pay a fair share of a transportation improvement(as specified in Section 19.51.100(A)(2)),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. 19.51.145 Fee exemptions. A. The city may,on a case-by-case basis,grant exemptions to the application of the fee for planned system improvements(as specified in Section 19.51.100(A)(1))for new low income housing units in accordance with the conditions specified under RCW 82.02.060(2).To qualify for the exemption,the developer shall submit an application to the planning and community development director for consideration by the city prior to application for building permit.Conditions for such approvals shall meet the requirements of RCW 82.02.060(2),which includes payment of the fee from public funds other than the fee for transportation improvement account. In addition,any approved exemption will require a covenant that will assure the project's continued use for low income housing.The covenant shall be an obligation that runs with the land upon which the housing is located,and shall be recorded against the title of the real property. B. The city may,on a case-by-case basis,grant a partial exemption of not more than eighty percent of fees for planned system improvements(as specified in Section 19.51.100(A)(1)),with no explicit requirement to pay the exempted portion of the fee from public funds,for low income housing units, pursuant to the following: 1. The mayor,or designee, may grant an exemption to a low income housing project for each low income unit. 2. The decision to grant,partially grant or deny an exemption shall be based on the public benefit of the specific project,the extent to which the applicant has sought other funding sources,the financial hardship to the project of paying the impact fees,the impacts of the project on public facilities and services,and the consistency of the project with adopted city plans and policies relating to low income housing. 3. An exemption granted under this subsection must be conditioned upon requiring the developer to record a covenant approved by the director of planning and community development that prohibits using the Ch.19.51 Transportation Mitigation 10 City Council Action(11/04/2020)