Ordinance 3389-14 - Laserfiche WebLink

6.3 All fees collected under this ordinance shall be obligated or expended on public facilities that are addressed by an adopted capital facilities plan element of a comprehensive land use plan. If fees are earmarked for a specific project, and the City determines that it is not feasible to implement that project within six (6) years (or such other time period established pursuant to RCW 82.02.070(3) on public facilities intended to benefit the development activity for which the impact fees were paid, the fees may be expended or encumbered on a replacement project that provides similar or greater improvement to the transportation system. 6.4 The City Engineer or designee shall be the official responsible for preparing the annual reports required under RCW 82.02.070. 6.5 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 under this ordinance, regardless of whether a monetary value has been assigned to the improvement in the traffic analysis or other project review documents or agreements. 6.6 An applicant may appeal the City Traffic Engineer's determination of the impact fee required under this chapter by following the administrative appeal procedures for the underlying development approval. If there are no administrative appeal procedures for the underlying development approval, the appeal shall follow the administrative appeal procedures in EMC 15.20.010 for the appeal of minor administration decisions. Section 7: Application to projects currently underway This chapter applies to a subsequent phase of a project for which an application for project level review of the subsequent phase has not been deemed complete as of the effective date of this ordinance. 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 complying with the traffic study and mitigation requirements of this chapter. Nothing in this chapter shall be construed to contravene the authority of the Responsible Official to require or withdraw a SEPA threshold determination as provided in WAC 197-11-310 and 340(3)(a). Section 8: Projects in core area For projects within the core area, the fee shall be calculated by using seventy-five (75) percent of project trip generation using the ITE Trip General Manual. If an applicant feels that this results in an overestimate of traffic from their site they have the option to hire a traffic engineer to justify a greater credit based on reasonable trip generation assumptions and analysis of TDM measures. For purposes of this chapter, the core area is defined in TMO Chapter 18. -3-