Ordinance 3774-20 - Laserfiche WebLink

property for any purpose other than for low income housing.At a minimum,the covenant must address price restrictions and household income limits for the low income housing,and require that, if the property is converted to a use other than for low income housing as defined in the covenant,the property owner must pay the applicable fees for transportation improvements in effect at the time of any conversion.Covenants required by this subsection must be recorded with the Snohomish County auditor. 4. For purposes of this section, low income housing is defined as any housing with a monthly housing expense that is no greater than thirty percent of fifty percent of the median family income adjusted for family size,for Everett,as reported by the United States Department of Housing and Urban Development. 19.51.150 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). 19.51.160 Projects in core area. Proposed projects located entirely or partially within the core area shall be governed by Section 19.51.110(D). For purposes of this chapter the core area is defined in Section 19.51.180. 19.51.170 Interpretation and implementation. A. This chapter shall be liberally construed to achieve the purposes set forth in Section 19.51.010. B. Compilation and Update.This chapter 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).The ordinance codified in this chapter 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 Ordinance 3387-14 repeals the previous interim traffic mitigation ordinances. C. Savings. Except as specifically provided in Section 19.51.150,the enactment of this chapter shall not affect any case, proceeding,appeal,or other matter in any court of law before the city or in any way modify any obligation,right or liability,civil or criminal,which may be in existence on the effective date of the ordinance codified in this chapter or as may exist by virtue of any of the ordinances herein superseded or repealed. D. Third Party Liability.This chapter is intended to provide for and promote the health,safety and welfare of the general public,and is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the applicant. It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees,for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city,or its officers,employees or agents,for any injury or damage resulting from the failure of an applicant to comply with the provisions of this chapter,or by reason or in consequence of any inspection, notice,order,certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter,or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers,employees or agents. Ch.19.51 Transportation Mitigation 11 City Council Action(11/04/2020)