Ordinance 3387-14 - Laserfiche WebLink

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 the 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. Section 14: Procedure for payment and use of fees 14.1 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. 14.2 All fees collected under this ordinance 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. 14.3 The fees shall be obligated or expended in all cases within five (5) 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 (5) years due to delay attributable to the project applicant, the payment shall be refunded without interest. 14.4 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. Section 15: Application to projects currently underway If a mitigation commitment has been made but has not been fully met by an applicant, the applicant is required to fulfill the commitment and, in addition, may be responsible for -11-