Chapter 15.30


15.30.010    Purpose and intent.

15.30.020    Findings and authority.

15.30.030    Definitions.

15.30.040    Transportation impact fees methodology and applicability.

15.30.050    Assessment of transportation impact fees.

15.30.060    Independent fee calculations.

15.30.070    Exemptions.

15.30.080    Credits.

15.30.090    Adjustments.

15.30.100    Establishment of transportation impact fee fund.

15.30.110    Administrative guidelines.

15.30.120    Refunds.

15.30.130    Use of funds.

15.30.140    Periodic adjustment of fees.

15.30.150    Administrative fees.

15.30.160    Reviews by the director and appeals.

15.30.170    Existing authority unimpaired.

15.30.180    Relationship to State Environmental Policy Act (SEPA).

15.30.190    Relationship to concurrency management.

15.30.200    Transportation impact fee rate schedule.

15.30.210    Single-family deferral program.

15.30.010 Purpose and intent.

A. The purpose and intent of this chapter is to provide for the collection of a transportation impact fee (“TIF”) for streets and roads, and for certain other matters in connection therewith:

1. Adopt a program for the purpose of jointly funding, from public and private sources, system improvements necessitated in whole or in part by development and growth within the service area.

2. Provide a fair and predictable method for allocating the cost of reasonable and necessary transportation improvements between the public and private sectors.

3. Create a mechanism to charge and collect transportation impact fees from new development.

4. Provide a portion of the funding for reasonable and necessary system improvements to mitigate the cumulative impacts of growth and development in the service area.

5. Create a system for the collection and administration of transportation impact fees.

B. This chapter supplements existing authority of the city to regulate development. This chapter does not supplant the requirements of environmental review and mitigation under the State Environmental Policy Act (SEPA) and BIMC Title 16. However, a developer required to pay a fee as mitigation under SEPA and BIMC Title 16 for system improvements identified in the rate study shall not be required to pay impact fees under this chapter for those same improvements. (Ord. 2015-07 § 1, 2015)

15.30.020 Findings and authority.

The city council finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development, in the city of Bainbridge Island will create additional demand and need for transportation facilities in the city, and the city council finds that such development activity should pay a proportionate share of the cost of new transportation facilities needed to serve the development activity. The city of Bainbridge Island has conducted extensive research and analysis documenting the procedures for measuring the impact of new development activity on its transportation facilities, and has prepared and relied upon an appropriate TIF rate study relating to the establishment of TIFs. The TIF rate study utilizes a methodology for calculating TIFs that fulfills all of the requirements of RCW 82.02.060(1). A copy of the TIF rate study relied upon by the city shall be kept on file with the city of Bainbridge Island public works department and is available to the public for review. Pursuant to Chapter 82.02 RCW, the city council adopts this chapter to assess TIFs for streets and roads. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the city council in establishing the TIF program. (Ord. 2015-07 § 1, 2015)

15.30.030 Definitions.

The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.

A. “Applicant” means a person who applies for a building permit under the BIMC and who is the owner of the subject property or the authorized agent of the property owner.

B. “Building permit” means an official document or certification which is issued by the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure.

C. “Capital facilities plan” means the capital facilities element of the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW and such plan as amended.

D. “Development” means any construction or expansion of a building, structure, or use for which a permit, approval, or other authorization is required that creates additional demand and need for transportation improvements; provided, that such development generates at least one new p.m. peak hour trip, when the permit, approval, or other authorization for the development is processed pursuant to BIMC Title 17 (Subdivisions and Boundary Line Adjustments), or in the case of tenant improvement permits, “development” means any proposed new use or expanded existing use that generates additional trips per unit according to the trip generation rates established in the transportation impact fee rate schedule in BIMC 15.30.200. Development does not include buildings or structures constructed by a regional transit authority.

E. “Development approval” means any written authorization from the city which authorizes the commencement of a development activity.

F. “Director” means the director of the department of public works of the city of Bainbridge Island or her/his designee.

G. “Encumber/encumbered” means to reserve, set aside, or otherwise earmark the TIFs in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements.

H. “TIF rate schedule” means the list of TIF rates per land use category as set forth in BIMC 15.30.200.

I. “Hearing examiner” means the hearing examiner operating pursuant to the powers and duties set forth by BIMC 2.14.030.

J. “Independent fee calculation” means the street and road impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of a TIF other than by the use of the rates listed in the TIF rate schedule.

K. “P.m. peak hour trips” means the total vehicular trips entering and leaving a place of new development activity on the adjacent public streets or roads during the p.m. peak hour. The p.m. peak hour is the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. on weekdays.

L. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development activity and are necessary for the use and convenience of the occupants or users of the project and are not system improvements.

M. “RCW” means the Revised Code of Washington or, when followed or preceded by a numerical designation, a provision of the Revised Code of Washington.

N. “Service area” means a geographic area over which a particular TIF is applied. For the city of Bainbridge Island, the service area encompasses the current city limits.

O. “Square footage” means the square footage of the gross floor area of the development as defined in the BIMC.

P. “Street” or “road” means a public right-of-way and all related appurtenances, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other thoroughfare. For purposes of this chapter, public streets and roads are collectively referred to as transportation facilities.

Q. “System improvements” means transportation improvement projects that are included in the city of Bainbridge Island comprehensive plan transportation element, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements that serve specific development.

R. “Transportation facilities” means any and all transportation infrastructure of the city constructed pursuant to city design and development standards and requirements, including without limitation roads, bridges, overpasses, sidewalks, curbs, turn lanes, bike lanes, traffic signals, roundabouts, traffic signs, HOV lanes, bus shelters, and associated landscaping. The cost of the transportation improvement shall include any debt service payments, including interest, for any of these improvements.

S. “Transportation impact fee (TIF)” means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of granting development approval to pay for transportation improvements needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for transportation improvements, that is a proportionate share of the cost of the transportation improvements, and that is used for improvements that reasonably benefit the new development. “Transportation impact fee” does not include a building permit fee, administrative fee for collecting and handling TIFs, appeal fee, or independent fee calculation review fee.

T. “TIF rate study” means the “Rate Study for Transportation Impact Fees, City of Bainbridge Island” dated May 11, 2015, and other studies relied upon by the city in establishing the TIF methodology and TIF rate schedule.

U. “Transportation impact fee fund(s)” means the fund(s) established for the TIFs that are collected. The fund(s) shall be established pursuant to BIMC 15.30.100, and shall comply with the requirements of RCW 82.02.070. (Ord. 2017-21 § 1, 2017; Ord. 2015-07 § 1, 2015)

15.30.040 Transportation impact fees methodology and applicability.

The TIF rates are generated pursuant to a formula for calculating TIFs set forth in the rate study. Except as otherwise provided for by independent fee calculations in BIMC 15.30.060, exemptions in BIMC 15.30.070, and credits in BIMC 15.30.080, all new development activity in the city will be charged the TIF applicable to the type of development per the TIF rate schedule. (Ord. 2015-07 § 1, 2015)

15.30.050 Assessment of transportation impact fees.

A. The city shall collect TIFs, based on the land use categories in the rate schedule, from any applicant seeking to conduct development activity that includes expansion, replacement, or new accessory building and which requires the issuance of a building permit, including but not limited to development of residential, commercial, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system improvements. The public works department is authorized to determine the appropriate land use category found in the TIF rate schedule that applies to the application.

B. All TIFs shall be due and payable prior to issuance of the building permit based on the land use categories in the adopted TIF rate schedule.

Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provides otherwise, the TIF shall be calculated based on the TIF rate schedule in effect at the time the building permit is issued.

C. The public works department shall use the most closely matching land use for all applications for a land use not explicitly listed in the TIF rate schedule.

D. For a change in use of an existing building or dwelling unit, or portion thereof, that meets the requirements of subsection A of this section, except for development activity exempt under BIMC 15.30.070, the TIF shall be the applicable TIF for the land use category of the new use, less the TIF for the land use category of the prior use. For any change in use that includes expansion, replacement, or new accessory building, the TIF shall be the applicable TIF for the land use category of the new gross floor area (or if applicable, gross leasable area), less the TIF for the land use category of the prior gross floor area (or if applicable, gross leasable area). The net TIF shall be calculated by the following equation:

Net TIF = X – Y, where:

X = (new gross floor area and/or dwelling units) * (fee per unit for the new land use category); and

Y = (prior gross floor area and/or dwelling units) * (fee per unit for the prior land use category).

If the net TIF is a negative number, the applicant will not be required to pay TIFs for the development activity. The applicant will not be compensated by the city for a negative TIF.

E. For mixed use developments, TIFs shall be imposed for the proportionate share of each land use based on the applicable measurement in the TIF rates set forth in the TIF rate schedule.

F. The city shall not issue the required building permit until the TIFs set forth in the TIF rate schedule have been paid as set forth in the TIF rate schedule less any credits allowable under this chapter.

G. The city will assess TIFs based on a single service area encompassing the entire city. (Ord. 2017-21 § 2, 2017; Ord. 2015-07 § 1, 2015)

15.30.060 Independent fee calculations.

A. The applicant may opt not to have the TIFs determined according to the fee structure listed in the TIF rate schedule, in which case the applicant shall prepare and submit to the director a traffic impact analysis in accordance with Chapter 15.40 BIMC, including an independent fee calculation for the proposed development activity. The documentation submitted shall be prepared using procedures consistent with those established in the current edition of the Institute of Transportation Engineers Trip Generation Manual. An independent fee calculation shall be limited to adjustments in trip generation rates used in the TIF rate study, and shall not include travel demand forecasts, trip distribution, transportation service area zones, costs of street and road projects, or cost allocation procedures.

B. There is a rebuttable presumption that the calculations set forth in the TIF rate study and the fees set forth in the TIF rate schedule are valid. The director shall consider the documentation submitted by the applicant, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or unreliable. The director may require the applicant to submit additional or different documentation for consideration. The director is authorized to adjust the TIFs on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development and/or principles of fairness. (Ord. 2017-21 § 3, 2017: Ord. 2015-07 § 1, 2015)

15.30.070 Exemptions.

A. The following development activity shall be exempted from the payment of TIFs:

1. Alteration, expansion, or replacement of an existing single-family home.

2. Miscellaneous improvements that do not generate increased p.m. peak hour trips including, but not limited to, fences, walls, residential swimming pools, and signs.

3. Demolition or moving of a structure when additional p.m. peak hour trips are not generated.

4. A change of use that does not generate additional trips per unit of development according to the trip generation rates established in the transportation impact fee rate schedule in BIMC 15.30.200.

5. Miscellaneous permits for activities that do not generate any new trips.

6. Rezones, comprehensive plan amendments, subdivisions, boundary line adjustment and lot line eliminations, or any other land use permits.

7. Buildings or structures constructed by a regional transit authority pursuant to RCW 82.02.090.

8. Any building permit application that has been submitted to the city before 4:00 p.m. the business day before the effective date of the ordinance codified in this chapter that has been deemed complete based on the information on file as of the effective date of the ordinance codified in this chapter.

9. Affordable housing as defined by BIMC 18.21.020 and 18.36.030 or their successors.

10. Pursuant to RCW 82.02.060, the city may provide exemptions for development activities with broad public purposes; provided, that the impact fees from such development activity shall be paid from public funds other than impact fee funds. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures established in Chapter 2.16 BIMC. (Ord. 2017-21 § 4, 2017: Ord. 2016-16 § 1, 2016: Ord. 2015-07 § 1, 2015)

15.30.080 Credits.

A. At an applicant’s request, the director may award a credit or credits against TIFs for the total value of system improvements, including dedications of land, improvements and/or construction provided by the applicant. Credits will be given only if the land, improvements, and/or the facility constructed are for one or more of the system improvements listed in the TIF rate study as the basis for calculating the TIF.

B. Each request for a credit or credits shall include a legal description of the dedicated land, a detailed description of improvements or construction provided, and an adequate description of the development activity to which the credit will be applied.

C. For each request for a credit or credits, the applicant shall estimate the value of the dedicated land, improvements, or construction for review and approval by the director. In the event that the director disagrees with the applicant’s valuation, the applicant may submit an appraisal of the fair market value of the dedicated land improvements or construction estimate for the director’s consideration. The appraisal shall be prepared by a state certified appraiser holding an MAI (Member of the American Institute of Appraisers) designation

and/or a construction estimate prepared by a licensed engineer in good standing pursuant to Chapter 18.43 RCW. After receiving and reviewing the appraisal or valuation, the director will determine the dollar amount of any credit, the basis for the credit, the legal description of the real property dedicated where applicable, and the adequate description of the system improvement to which the credit may be applied with issuance of the building permit. If the total value of any such dedication, improvement or construction cost exceeds the amount of the TIF obligation, the developer will not be entitled to reimbursement of the difference.

D. No credit shall be given for project improvements or right-of-way dedications for direct access improvements to and/or within the subject development activity above and beyond what is proposed in the city of Bainbridge Island comprehensive plan transportation element 20-year list.

E. Any claim for credit must be made before payment of the TIF and prior to the issuance of the building permit.

F. Determinations made by the director pursuant to this section shall be subject to the appeals procedures established in Chapter 2.16 BIMC. (Ord. 2015-07 § 1, 2015)

15.30.090 Adjustments.

Pursuant to and consistent with the requirements of RCW 82.02.060, the TIF rate study has provided adjustments for future taxes to be paid by the development activity which are earmarked or pro-ratable to the same new system improvements which will serve the new development activity. The TIF rates in the TIF rate schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. (Ord. 2015-07 § 1, 2015)

15.30.100 Establishment of transportation impact fee fund.

A. The city shall establish a separate TIF fund for the fees collected pursuant to this chapter which shall be designated as the transportation impact fee fund. Funds withdrawn from the fund must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the fund and expended for the purposes for which the TIFs were collected.

B. On an annual basis, the finance director shall provide a report to the council on the transportation impact fee fund showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by TIFs.

C. TIFs shall be expended or encumbered within 10 years of receipt.

D. In order to comply with RCW 82.02.060(2), TIFs for development activity as specified under exemptions BIMC 15.30.070.A.11 and 12 shall be paid for with public funds other than from transportation impact fee funds. (Ord. 2015-07 § 1, 2015)

15.30.110 Administrative guidelines.

A. The finance director is hereby authorized to adopt internal guidelines for the administration of TIFs, which may include the adoption of a procedures guide for the administration of TIFs.

B. The director is hereby authorized to adopt internal guidelines for the calculation of TIFs, which may include the adoption of a procedures guide for the calculation of TIFs. (Ord. 2015-07 § 1, 2015)

15.30.120 Refunds.

A. If the city fails to expend or encumber the TIFs within 10 years of when the fees were paid, the current owner of the property on which TIFs have been paid may receive a refund of such fees. In determining whether TIFs have been expended or encumbered, TIFs shall be considered expended or encumbered on a first-in, first-out basis.

B. The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants of the availability of a refund. A potential claimant or claimants must be the owner of record of the real property against which the TIF was assessed.

C. Property owners seeking a refund of TIFs must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.

D. Any TIFs for which no application for a refund has been made within this one-year period shall be retained by the city and expended or encumbered on the appropriate system improvements.

E. Refunds of TIFs or offsets against subsequent TIFs under this section shall include any interest earned on the TIFs by the city.

F. When the city seeks to terminate any or all components of the TIF program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation within the city at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year after the second publication. At the end of one year, any remaining funds shall be retained by the city, but must be expended or encumbered for the appropriate system improvements. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the fund or funds being terminated.

G. The city shall also refund to the current owner of property for which TIFs have been paid all TIFs paid, including interest earned on the TIFs, if the development activity for which the TIFs were imposed did not occur; provided, however, that if the city has expended or encumbered the TIFs in good faith prior to the application for a refund, the director can decline to provide the refund. If, within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of TIFs previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. The director shall determine whether to grant an offset, and the determinations of the director may be appealed pursuant to the procedure established in Chapter 2.16 BIMC. (Ord. 2015-07 § 1, 2015)

15.30.130 Use of funds.

A. Pursuant to this chapter, transportation impact fees:

1. Shall be used for system improvements that will reasonably benefit the new development activity;

2. Shall not be imposed to make up for deficiencies in existing transportation facilities serving existing development; and

3. Shall not be used for maintenance or operation.

B. TIFs may be spent for system improvements as herein defined and including, but not limited to, transportation planning, engineering design studies, land survey, right-of-way acquisition, site improvements, necessary off-site improvements, engineering, architectural, permitting, financing, administrative expenses, construction of streets and roads and related facilities such as shoulders, curbs, gutters, sidewalks, bike lanes, storm drainage, streetscapes and installation of traffic signals, roundabouts, signs and street lights, applicable impact fees or mitigation costs, and any other expenses which can be capitalized.

C. TIFs may also be used to recoup system improvement costs previously incurred by the city to the extent that new development activity will be served by the previously constructed system improvements or incurred costs, provided such fee shall not be imposed to make up for any deficiencies in the city’s existing transportation facilities.

D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which TIFs may be expended, TIFs may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development activity. (Ord. 2015-07 § 1, 2015)

15.30.140 Periodic adjustment of fees.

A. The TIFs in the TIF rate schedule shall be indexed to provide for an automatic fee adjustment according to the following schedule every two years beginning January 1, 2018, to reflect changes in project costs due to industry trends. The Construction Cost Index (CCI) October 20-city average published by Engineering News-Record will be used to determine the adjustment in fees. The adjustment will be based on a two-year simple moving average, the mean of the previous two years’ CCI with the October 2015 CCI value as the starting basis.

B. The TIF rate study supporting the TIFs in the TIF rate schedule shall be updated periodically, unless the city determines that circumstances have not changed to warrant an update. (Ord. 2017-21 § 5, 2017: Ord. 2015-07 § 1, 2015)

15.30.150 Administrative fees.

A. There shall be a fee for the administration of the TIF program. Administrative fees shall be used to defray the cost incurred by the city in the administration and update of the TIF program. The administrative fee is not creditable or refundable.

B. The administrative fee, in addition to the TIF, shall be paid by the applicant to the city at the same time as the TIF is paid. (Ord. 2015-07 § 1, 2015)

15.30.160 Reviews by the director and appeals.

A. In order to obtain a building permit, any applicant may pay the TIFs imposed by this chapter under protest and file for a review by the director, followed by the option to appeal to the hearing examiner. No building permit shall be issued until the TIFs have been paid.

Alternatively, any applicant may file for a review by the director, followed by the option to appeal to the hearing examiner, without first paying the TIFs, providing the applicant is willing to postpone issuance of the building permit until after the appeal process when the final amount of the TIFs is known.

B. Reviews by the director and appeals regarding the TIF imposed on any development activity may only be filed by the applicant for the development activity.

C. Before an appeal can be filed, the applicant must first file a request for review by the director with the public works department specifying the grounds thereof, as provided herein:

1. The request shall be in writing on the form provided by the city;

2. The request for review by the director shall be filed within 14 calendar days after the applicant’s payment of the TIF in dispute. The failure to timely file such a request shall constitute a final bar to later seek such review;

3. No administrative fee will be imposed for the request for review by the director; and

4. The director shall issue his/her determination in writing.

D. Following the determination issued by the director, the applicant may elect to appeal the director’s decision to the hearing examiner. Any determinations which the director is authorized to make pursuant to this chapter may be appealed to the hearing examiner.

E. Appeals to the hearing examiner must be filed in accordance with BIMC 2.16.020.R. The failure to timely file an appeal shall constitute a final bar to later seek such review. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation. (Ord. 2017-21 § 6, 2017: Ord. 2015-07 § 1, 2015)

15.30.170 Existing authority unimpaired.

Nothing in this chapter shall preclude the city from requiring the applicant or the proponent of a development activity to mitigate significant probable adverse environmental impacts of a specific development activity pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; so long as the exercise of such authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. (Ord. 2015-07 § 1, 2015)

15.30.180 Relationship to State Environmental Policy Act (SEPA).

A. Development activity shall be subject to the environmental review pursuant to SEPA and other applicable city ordinances and regulations.

B. Mitigation in addition to the payment of TIF shall be required for identified adverse impacts appropriate for mitigation pursuant to SEPA that are not mitigated by a TIF program.

C. Applicants for projects for new construction or for expansion of a building or structure which have completed SEPA review and received an environmental determination prior to the effective date of the ordinance codified in this chapter but for which the building permit has not been issued shall:

1. Implement the applicable transportation system improvement mitigation requirements, if any, of the SEPA determination; and

2. Pay the TIF under this chapter with credits for SEPA mitigation that includes system improvements included in the TIF rate schedule.

This subsection C shall not apply to an application for a subsequent change of use of the building or portions thereof. (Ord. 2015-07 § 1, 2015)

15.30.190 Relationship to concurrency management.

Neither compliance with this chapter or the payment of any fee hereunder shall constitute a determination of transportation concurrency under this chapter. (Ord. 2015-07 § 1, 2015)

15.30.200 Transportation impact fee rate schedule.

The transportation impact fee rate schedule shall be published biannually by the director no later than December 15th of each odd numbered year to be effective January 1st of the following even numbered year. (Ord. 2017-21 § 7, 2017: Ord. 2016-16 § 2, 2016; Ord. 2015-07 § 1, 2015)

15.30.210 Single-family deferral program.

An applicant for a building permit for a single-family detached or attached dwelling may request a deferral of the full impact fee payment until final inspection. Deferral of impact fees is considered under the following conditions:

A. An applicant for deferral must request the deferral no later than the time of application for a building permit. Any request not so made shall be deemed waived.

B. For the purposes of this deferral program, the following definitions apply:

1. “Applicant” includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant.

2. “Single-family dwelling” means an attached or detached dwelling, including an accessory dwelling unit where permitted, as set forth in Chapter 18.36 BIMC.

C. To receive a deferral, an applicant must:

1. Submit a deferred impact fee application and acknowledgement form for each single-family attached or detached residence for which the applicant wishes to defer payment of the impact fees;

2. At the applicant’s expense, grant and record a deferred impact fee lien in a form approved by the city against the property in favor of the city in the amount of the deferred impact fee that:

a. Includes the legal description, tax account number, and address of the property;

b. Requires payment of the impact fees to the city prior to final inspection;

c. Is signed by all owners of the property, with all signatures acknowledged as required for a deed and recorded in Kitsap County;

d. Binds all successors in title after the recordation; and

e. Is junior and subordinate to one mortgage for the purpose of construction upon the same real property, granted by the person who applied for the deferral of impact fees.

D. The amount of impact fees deferred shall be determined by the fees in effect at the time the applicant applies for a deferral.

E. Prior to final inspection, the applicant may pay the deferred amount in installments, with no penalty for early payment.

F. The city shall withhold final inspection until the impact fees have been paid in full. Upon receipt of final payment of impact fees deferred under this subsection, the city shall execute a release of deferred impact fee lien for each single-family attached or detached residence for which the impact fees have been received. The applicant, or property owner at the time of release, shall be responsible for recording the lien release at his or her expense.

G. The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of final inspection.

H. The city will not issue occupancy permits, including temporary occupancy permits, until the impact fee is paid in full. If a residence is discovered to be occupied without full payment of impact fees, then the city may foreclose the lien. Satisfactory evidence of occupancy includes but is not limited to the presence of furnishings, personal belongings, and utility bills.

I. If impact fees are not paid in accordance with the deferral and in accordance with the term provisions established herein, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW and may recover all costs incurred, including reasonable attorneys’ fees. (Ord. 2017-21 § 8, 2017: Ord. 2016-16 § 3, 2016)