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This chapter does not apply to any project application that has been deemed complete by <br /> the City. This chapter applies to a subsequent phase of a project for which an application for <br /> project level review of the subsequent phase has not been deemed complete as of the effective <br /> date of this ordinance. If a mitigation commitment has been made but has not been fully met by <br /> an applicant, the applicant is required to fulfill the commitment and, in addition, may be <br /> responsible for complying with the traffic study and mitigation requirements of this chapter. <br /> Nothing in this chapter shall be construed to contravene the authority of the Responsible Official <br /> to require or withdraw a SEPA threshold determination as provided in WAC 197-11-310 and <br /> 340(3)(a). <br /> Section 9: Projects in core area <br /> For projects within the core area, the fee shall be calculated by using fifty (50) percent of <br /> project trip generation using the ITE Trip General Manual, or as otherwise approved by the City <br /> Engineer based on reasonable trip generation assumptions. <br /> This fee to mitigate transportation system impacts in the core area shall be phased in over <br /> a two year period in equal increments, with the fee beginning on the effective date set at $300 <br /> per PM peak hour trip. After one year the fee shall increase to $600 per PM peak hour trip. <br /> After two years the fee shall increase to $900 per PM peak hour trip. For purposes of this <br /> chapter,the core area is defined as the area shown on the map in Exhibit 1. <br /> Section 10: Interpretation and implementation <br /> 10.1. This ordinance shall be liberally construed to achieve the purposes set forth in Section 1. <br /> 10.2. Nothing in this ordinance shall affect the ability of the City to require non-duplicative <br /> mitigation of transportation impacts, including collection of fees, under other ordinances and <br /> development regulations. <br /> 10.3. Except as specifically provided in Section 8, the enactment of this ordinance shall not <br /> affect any case, proceeding, appeal, or other matter in any court or before the City or in any way <br /> modify any obligation, right or liability, civil or criminal, which may be in existence on the <br /> effective date of this ordinance or as may exist by virtue of any of the ordinances herein <br /> superseded or repealed. <br /> 10.4. This ordinance is intended to provide for and promote the health, safety and welfare of <br /> the general public, and is not intended to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this ordinance. It is the specific intent of this ordinance to place the obligation of complying <br /> with its requirements upon the applicant. <br /> -4- <br />