Ordinance 2424-99 - Laserfiche WebLink

Section 6: Option to prepare traffic analysis In order to allow the impact fee to be adjusted to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly or to calculate an adjustment in the standard fee for a particular development that permits consideration of studies and data submitted by the applicant, the applicant has the option of preparing a traffic analysis at its expense to provide a basis for an adjustment in the standard fee. The traffic analysis shall meet the specifications for a traffic analysis provided in Sections 6 through 8 of TMO or as otherwise approved by the City Engineer. Section 7: Administrative procedures and appeals 7.1. RCW 82.02.070 and 82.02.080 are hereby adopted by reference into this chapter as the administrative procedures for collection and refunding of impact fees under this chapter. 7.2. Payment of all fees shall be made prior to: 1. Final plat approval in the case of subdivisions and short subdivisions; or 2. In all other cases,be prior to the issuance of any building permits. 7.3. All fees collected under this ordinance shall be obligated or expended on public facilities that are addressed by an adopted capital facilities plan element of a comprehensive land use plan. If fees are earmarked for a specific project, and the City determines that it is not feasible to implement that project within six (6) years (or such other time period established pursuant to RCW 82.02.070(3) on public facilities intended to benefit the development activity for which the impact fees were paid), the fees may be expended or encumbered on a replacement project that provides similar or greater improvement to the transportation system. 7.3. The City Engineer or designee shall be the official responsible for preparing the annual reports required under RCW 82.02.070. 7.4. 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 under this ordinance, regardless of whether a monetary value has been assigned to the improvement in the traffic analysis or other project review documents or agreements. 7.5. An applicant may appeal the City Engineer's determination of the impact fee required under this chapter by following the administrative appeal procedures for the underlying development approval. If there are no administrative appeal procedures for the underlying development approval, the appeal shall follow the administrative appeal procedures in EMC 15.20.010 for the appeal of minor administration decisions. Section 8: Application to projects currently underway -3-