Chapter 4.05
DEFERRAL OF IMPACT FEES
Sections:
4.05.015 Impact fee payment deferral.
4.05.050 Impact fee deferral request.
4.05.080 Final inspection withheld.
4.05.010 Authority.
This chapter is adopted in accordance with Engrossed Senate Bill (ESB) 5923 and shall be reasonable construed in a manner consistent therewith. (Ord. 16-475 § 2 (Exh. A)).
4.05.015 Impact fee payment deferral.
Payment of impact fees for new single-family detached or attached residential construction assessed under any chapter of this title may, at the election of an applicant for impact fee deferral, be deferred in accordance with the provisions of this chapter. (Ord. 16-475 § 2 (Exh. A)).
4.05.020 Definitions.
For purposes of this chapter, the following terms shall have the indicated meanings below:
A. “Applicant for impact fee deferral” means an applicant for a building permit who also seeks deferral of impact fee payment pursuant to this chapter. An applicant for impact fee deferral includes without limitation an entity that controls the applicant, is controlled by the applicant, or is under the common control with the applicant.
B. “Final inspection” means the city’s signed approval of the final inspection under EMC Title 15 authorizing the use and/or occupancy of a single-family detached or attached residence. (Ord. 24-660 § 3 (Exh. B); Ord. 16-475 § 2 (Exh. A)).
4.05.030 Administrative fees.
For each new single-family residence for which an impact fee payment deferral is sought, the applicant for impact fee deferral shall simultaneously remit an administrative fee to the city to help defray the city’s expenses in processing and monitoring such application. The amount of the administrative fee shall be as set forth in the city of Edgewood fee schedule. (Ord. 23-652 § 9 (Exh. A); Ord. 16-475 § 2 (Exh. A)).
4.05.040 Limitation.
Each applicant for impact fee deferral is entitled annually (per calendar year) to obtain deferral for only the first 20 single-family residential construction building permits applied for by that applicant. (Ord. 16-475 § 2 (Exh. A)).
4.05.050 Impact fee deferral request.
An impact fee payment deferral request pursuant to this chapter shall be submitted to the community development director prior to building permit issuance on an application form prescribed by the city. A separate application form shall be required for each building permit for which impact fee payment deferral is requested. (Ord. 16-475 § 2 (Exh. A)).
4.05.060 Deferral period.
Impact fee payments may be deferred to the date of final inspection or up to 18 months from the date of building permit issuance, whichever occurs first. (Ord. 16-475 § 2 (Exh. A)).
4.05.070 Lien.
A. An applicant for impact fee deferral shall grant and record in favor of the city a lien in a form approved by the city attorney in the amount of the deferred impact fee. The content, form, enforcement and procedure of the lien shall be in accordance with RCW 82.02.050. Proof that such lien has been recorded against the title of the subject property shall be submitted to the city before building permit issuance.
B. Recording of the lien shall be at the sole expense of the applicant for impact fee deferral. (Ord. 16-475 § 2 (Exh. A)).
4.05.080 Final inspection withheld.
The city shall withhold final inspection of the single-family residence until the deferred impact fees are paid and collected. (Ord. 16-475 § 2 (Exh. A)).
4.05.090 Release of lien.
Upon written request following full payment of impact fees that have been deferred pursuant to this chapter, the city shall execute a written release of the lien recorded pursuant to this chapter. The release shall be in a form approved by the city attorney and shall be recorded against the title of the subject property by and at the expense of the current landowner. (Ord. 16-475 § 2 (Exh. A)).