Ordinance 2496-00 - Laserfiche WebLink

11.5. If an applicant disputes the fee described in this section, the applicant has the option of preparing a traffic analysis at its expense, as described in this ordinance and as approved by the City Engineer, to demonstrate a lesser impact and to mitigate the transportation impacts in accordance with section 9 of this chapter. Section 12: Credit for improvements and non-duplication of mitigation 12.1. When determining the mitigation costs attributable to the proposed project, the City Engineer shall take into consideration and give fair credit for transportation improvements, 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. 12.2. A person required to pay a fee for system improvements under RCW 82.02.050 through 82.02.090 shall not be required to pay a fee under SEPA and this chapter for those same system improvements. 12.3. 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 a fee for system improvements and to pay or install local transportation improvement, provided these different mitigation obligations do not address the same, specific environmental impact resulting from the project. 12.4. 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. Section 13: Form of commitment The applicant may enter into contractual and financing arrangements, including latecomer agreements, development agreements, or other agreements in any form that is satisfactory to the City and is legal binding and enforceable on the applicant. Any agreement must bind the applicant's successors in interest, at least until such time as the improvements have been paid for or are operational. Any agreements must be in a form approved by the City Attorney. 12