Ordinance 3504-16 - Laserfiche WebLink

Is hereby amended to read as follows: The applicant shall provide the city traffic engineer with a written traffic analysis as part of the city's project review process whenever a proposed project will generate fifty or more additional peak hour trips, or if deemed necessary by the city traffic engineer. The traffic analysis shall be paid for by the applicant and shall be prepared by a licensed professional engineer or transportation planner with standing in the Institute of Transportation Engineers or is acceptable to the city traffic engineer. Section 5. Section 14 of Ordinance No. 3387-14, as amended (EMC 18.40.140), regarding "Procedure for payment and use of fees" for Transportation Mitigation, which reads as follows: A. 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. B. All fees collected under this chapter shall be obligated or expended on transportation improvements. Fees collected for specific projects shall be expended on those projects or may be expended on replacement projects that provide similar or greater improvements. C. The fees shall be obligated or expended in all cases within five years of collection. Any fees not so obligated or expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the payment is not obligated or expended within five years due to delay attributable to the project applicant, the payment shall be refunded without interest. D. 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, regardless of whether a monetary value has been assigned to the improvements in the traffic analysis or other project review documents or agreements. Is hereby amended to read as follows: A. Payment of all transportation fees shall be made prior to building permit issuance, except as provided in EMC 18.40.140(B). B. The deferral of transportation fees shall be allowed only for single-family attached and detached construction being constructed by an applicant having a contractor registration number or other unique identification number and in accordance with the following: 1. For this subsection: (a) "Applicant" includes an entity that controls, is controlled by, or is under common control with the applicant. (b) "Common control" means two or more entities controlled by the same person or entity. (c) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. 2. An applicant wishing to defer the payment of fees for transportation system improvements shall: (a) Submit a signed and notarized deferred fee application and completed lien form concurrent with the building permit application for the building subject to the fee; and