Ordinance 2424-99 - Laserfiche WebLink

4 Section 2: Location of definitions and usage This chapter adopts by reference the definitions contained in RCW 82.02.090. For terms not defined therein, this chapter adopted by reference the definitions and used contained in Section 18 of TMO. Section 3: When a transportation impact fee is required A project that is not subject to TMO and will generate ten (10) or more average daily vehicle trips, is required to pay a transportation impact fee of$900 per peak hour trip, except as otherwise provided in this chapter. The fee assessed under this chapter is and shall be based on a method of calculation that takes into account the factors specified by RCW 82.02.060. There shall be one service area for purposes of this ordinance, however, within the core area the fee shall be phased in as provided in Section 9 of this chapter. Section 5: Credit for improvements and non-duplication of mitigation 5.1. A person required to pay an impact fee for system improvements under this chapter shall not be required to pay a fee under RCW 43.21C.060, TMO, or any other development regulation for those same system improvements. 5.2. The City Engineer shall take into consideration and give fair credit for an applicant's contribution to transportation system improvements for facilities identified in the capital facilities plan, including dedication of 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 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. 5.3. The prohibition on non-duplication 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 an impact fee for system improvements and to pay for or install transportation improvements that are otherwise authorized by law, provided these different mitigation obligations do not address the same, specific environmental impact resulting from the project. 5.4. Agreements may provide for credit for future improvements if the City and applicant agree that the applicant is implementing transportation improvements beyond those required under this ordinance. -2-