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2016/07/13 Council Agenda Packet
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2016/07/13 Council Agenda Packet
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Council Agenda Packet
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7/13/2016
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71 <br /> C. Each district shall institute a procedure for the disposition of impact fees and providing for <br /> annual reporting to the city that demonstrates compliance with the requirements of ROW <br /> 82.02.070, and other applicable laws. <br /> Is hereby amended to read as follows: <br /> A. School impact fees shall be due and payable to the city by the developer at the time of <br /> issuance of residential building permits for all developments, except as provided in EMC <br /> 18.44.090(B). The city may make alternative arrangements with a school district for collection of <br /> impact fees, provided payment is made prior to the issuance of residential building permits for all <br /> developments. <br /> B. The deferral of school impact fees shall be allowed only for single-family attached and <br /> detached construction being constructed by an applicant having a contractor registration <br /> number or other unique identification number and in accordance with the following: <br /> 1. For this subsection: <br /> (a) "Applicant" includes an entity that controls, is controlled by, or is under common <br /> control with the applicant. <br /> (b) "Common control" means two or more entities controlled by the same person or entity. <br /> (c) "Control" means the possession, directly or indirectly, of the power to direct or cause <br /> the direction of the management and policies of an entity, whether through the <br /> ownership of voting shares, by contract, or otherwise. <br /> 2. An applicant wishing to defer the payment of school impact fees shall: <br /> (a) Submit a signed and notarized deferred fee application and completed lien form <br /> concurrent with the building permit application for the building subject to the fee: and <br /> (b) Submit a certification that the applicant has requested no more than a total of twenty <br /> deferred impact fee requests in the calendar year within the city; and <br /> (c) Pay a non-refundable $250.00 administration fee for each unit or lot of a single <br /> development project for which the deferral of the fee is requested. <br /> 3. The lien shall: <br /> (a) Be in a form approved and provided by the city: <br /> (b) Be signed by all owners of the property with all signatures acknowledged as required <br /> for a deed; <br /> (c) Include the legal description, property tax account number, and address for each lot or <br /> unit the lien will encumber; <br /> (d) Be binding and subordinate on all successors in title after the recording; <br /> (e) Be junior and subordinate to a first mortgage for the purpose of construction upon the <br /> same real property granted by the person who applied for the deferral of impact fees, <br /> but in no case shall the lien be in less than second place; <br /> 4. The lien shall be recorded by the applicant, at their own expense, and a conformed copy of <br /> the recorded document shall be provided to the city prior to the issuance of the building <br /> permit that is subject to the impact fee. <br /> 5. Each applicant eligible to defer impact fees shall only be entitled to annually receive <br /> deferrals for no more than a total of twenty building permits within the city. <br /> 6. The applicant shall be responsible for the payment of all recording fees. <br /> 7. The deferred impact fee shall be paid in full prior to whichever of the following occurs first: <br /> (a) The closing of the first sale of the property occurring after the issuance of the <br /> applicable building permit for which the fees were deferred; or <br /> (b) Eighteen months from the date of building permit issuance. <br /> 8. If the building for which the deferral of the impact fee is requested is located within a <br /> subdivision, unit lot subdivision or short subdivision, the subdivision, unit lot subdivision or <br /> 10 <br /> 23 <br />
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