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Section 1. Section 1 or Ordinance No. 3389-14, as amended (EMC 18.36.010), regarding "Title, <br /> authority and purpose" for Small Project Impact Fees, which reads as follows: <br /> A. Title. The ordinance codified in this chapter may be referred to or cited as the small project <br /> impact fee ordinance, or"SPIFO," and will be referred to herein as "this chapter." <br /> B. Purpose and Authorization. The purpose of this chapter is to implement the city's <br /> comprehensive plan including its transportation and capital facility elements. This chapter <br /> enables the city to collect impact fees from proposed projects that generate additional traffic and <br /> are categorically exempt under the State Environmental Policy Act (SEPA) and the state rules <br /> adopted thereunder (WAC 197-11-305) and therefore not subject to the city's transportation <br /> mitigation ordinance (TMO) (Chapter 18.40). The fees adopted under this chapter are authorized <br /> by and in accordance with the provisions of RCW 82.02.050 through 82.02.090. <br /> Is hereby amended to read as follows: <br /> A. Title. The ordinance codified in this chapter may be referred to or cited as the small project <br /> impact fee ordinance, or"SPIFO," and will be referred to herein as "this chapter." <br /> B. Purpose and Authorization. The purpose of this chapter is to implement the city's <br /> comprehensive plan including its transportation and capital facility elements. This chapter <br /> enables the city to collect impact fees from proposed projects that generate additional traffic and <br /> are not subject to the city's transportation mitigation ordinance (TMO) (Chapter 18.40). The fees <br /> adopted under this chapter are authorized by and in accordance with the provisions of RCW <br /> 82.02.050 through 82.02.090. <br /> Section 2. Section 6 of Ordinance No. 3389-14, as amended (EMC 18.36.060), regarding <br /> "Administrative procedures and appeals" for Small Project Impact Fees, which reads as follows: <br /> A. RCW 82.02.070 and 82.02.080 are hereby adopted by reference into this chapter as the <br /> administrative procedures for collection and refunding of impact fees under this chapter. <br /> B. Payment of all fees shall be made prior to: <br /> 1. Final plat approval in the case of subdivisions and short subdivisions; or <br /> 2. In all other cases, be prior to the issuance of any building permits. <br /> C. All fees collected under this chapter shall be obligated or expended on public facilities that <br /> are addressed by an adopted capital facilities plan element of a comprehensive land use plan. If <br /> fees are earmarked for a specific project, and the city determines that it is not feasible to <br /> implement that project within six years (or such other time period established pursuant to RCW <br /> 82.02.070(3) on public facilities intended to benefit the development activity for which the impact <br /> fees were paid), the fees may be expended or encumbered on a replacement project that <br /> provides similar or greater improvement to the transportation system. <br /> D. The city engineer or designee shall be the official responsible for preparing the annual <br /> reports required under RCW 82.02.070. <br /> E. An applicant's commitment to specific performance to construct a transportation <br /> improvement, including any bonds or financial assurance associated with the improvement, shall <br /> not be considered a fee under this chapter, regardless of whether a monetary value has been <br />