Chapter 3.105
TRANSPORTATION IMPACT FEES

Sections:

3.105.010    Title.

3.105.020    Purpose and intent.

3.105.030    Findings and authority.

3.105.040    Definitions.

3.105.050    Transportation impact fees methodology and applicability.

3.105.060    Assessment of transportation impact fees.

3.105.070    Independent fee calculations.

3.105.080    Exemptions.

3.105.090    Credits.

3.105.100    Adjustments.

3.105.110    Establishment of transportation impact fee account.

3.105.120    Administrative guidelines.

3.105.130    Refunds.

3.105.140    Use of funds.

3.105.150    Periodic adjustment of fees.

3.105.160    Administrative fees.

3.105.170    Reviews by the director and appeals.

3.105.180    Existing authority unimpaired.

3.105.190    Relationship to State Environmental Policy Act (SEPA).

3.105.200    Relationship to concurrency management.

3.105.210    Single-family residential deferral program.

3.105.010 Title.

This chapter shall be known as the city of Lynnwood transportation impact fee (TrIF). (Ord. 2850 § 3, 2010)

3.105.020 Purpose and intent.

The purpose and intent of this chapter is to provide for the collection of TrIFs for streets and roads, and for certain other matters in connection therewith. (Ord. 2850 § 3, 2010)

3.105.030 Findings and authority.

The city council of the city of Lynnwood hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development, in the city of Lynnwood will create additional demand and need for transportation facilities in the city, and the 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 Lynnwood has conducted extensive research and analysis documenting the procedures for measuring the impact of new development activity on public facilities, and has prepared and relied upon an appropriate rate study relating to the establishment of TrIFs. The rate study utilizes a methodology for calculating TrIFs that fulfills all of the requirements of RCW 82.02.060(1). A copy of the rate study relied upon by the city shall be kept on file with the city of Lynnwood public works department and is available to the public for review. Pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess TrIFs for streets and roads. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the TrIF program. (Ord. 2850 § 3, 2010)

3.105.040 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 LMC 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. “City” means the city of Lynnwood.

E. “Council” means the city council of the city.

F. “Department” means the city’s department of public works.

G. “Development activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for public facilities. “Development activity” does not include buildings or structures constructed by a regional transit authority.

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

I. “Director” means the director of the department of public works of the city of Lynnwood or her/his designee.

J. “Encumber/encumbered” means to reserve, set aside, or otherwise earmark the TrIFs in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.

K. “Fee schedule” means the list of TrIF rates per land use category and per the two zoned service areas adopted by the council and as set forth by Chapter 3.104 LMC.

L. “Hearing examiner” means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 2.22 LMC.

M. “Independent fee calculation” means the street and road impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of a TrIF other than by the use of the rates listed in the fee schedule, or the calculations prepared by the director where none of the fee categories or fee amounts in the fee schedule accurately describe or capture the impacts of the development activity on public facilities.

N. “LMC” means the city of Lynnwood Municipal Code.

O. “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.

P. “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. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement.

Q. “Public facilities,” for purposes of this chapter, means the following capital facilities owned or operated by the city or other governmental entities: public streets and roads.

R. “Rate study” means the “Rate Study for Transportation Impact Fees, City of Lynnwood” dated July 2010, associated Amendment No. 1 dated November 2010, and other studies relied upon by the city in establishing the TrIF methodology and fee schedule.

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

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

U. “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.

V. “System improvements” means public facilities that are included in the city of Lynnwood comprehensive plan transportation element 20-year list, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements.

W. “Transportation facilities” means public streets and roads and related appurtenances.

X. “Transportation impact fee (TrIF)” means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of granting development approval. “Transportation impact fee” does not include a building permit fee, administrative fee for collecting and handling TrIFs, appeal fee, or independent fee calculation review fee.

Y. “Transportation impact fee account(s)” means the account(s) established for the TrIFs that are collected. The account(s) shall be established pursuant to LMC 3.105.110, and shall comply with the requirements of RCW 82.02.070. (Ord. 2869 § 3, 2010; Ord. 2850 § 3, 2010)

3.105.050 Transportation impact fees methodology and applicability.

The TrIF rates are generated pursuant to a formula for calculating TrIFs set forth in the rate study. Except as otherwise provided for independent fee calculations in LMC 3.105.070, exemptions in LMC 3.105.080, credits in LMC 3.105.090, and phasing in LMC 3.105.210, all new development activity in the city will be charged the TrIF applicable to the type of development per the fee schedule adopted by the council and set forth by Chapter 3.104 LMC. (Ord. 2850 § 3, 2010)

3.105.060 Assessment of transportation impact fees.

A. The city shall collect TrIFs, based on the land use categories in the fee 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, except for development exempt under LMC 3.105.080. This shall include, but is not limited to, the development of residential, commercial, office, and industrial land that creates a demand for additional system improvements. The public works department is authorized to determine the appropriate land use category found in the fee schedule that applies to the application.

B. All TrIFs shall be due and payable prior to issuance of the building permit based on the land use categories in the adopted fee schedule unless deferred in accordance with LMC 3.105.210 as adopted.

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 TrIF shall be calculated based on the fee schedule in effect at the time a complete building permit application is filed.

C. The public works department shall establish the TrIF rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the city for purposes of determining the TrIF rate pursuant to LMC 3.105.070.

D. For any change in use that includes expansion, replacement, or new accessory building, the TrIF shall be the applicable TrIF for the land use category of the new gross floor area (or if applicable, gross leasable area), less the TrIF for the land use category of the prior gross floor area (or if applicable, gross leasable area). The net TrIF shall be calculated by the following equation:

Net TrIF = 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 TrIF is a negative number, the applicant will not be required to pay TrIFs for the development activity. The applicant will not be compensated by the city for a negative TrIF.

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

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

G. The city will assess TrIFs based on two zones whose boundaries are shown in Exhibit A (Transportation Impact Fee Zones). When combined, these areas encompass the entire city.

Exhibit A

Transportation Impact Fee Zones

(Ord. 3211 §§ 2 – 4, 2016; Ord. 2869 § 5 (Exh. A), 2010; Ord. 2850 § 3, 2010)

3.105.070 Independent fee calculations.

A. If in the judgment of the director, none of the TrIF categories or TrIF amounts set forth in the fee schedule accurately describes the impacts resulting from issuance of the proposed development activity, the applicant shall provide to the director for review and evaluation an independent fee calculation, prepared by a traffic engineer approved by the director. The director may impose on the proposed development activity an alternative TrIF based on this calculation.

B. The applicant may opt not to have the TrIFs determined according to the fee structure listed in the fee schedule, in which case the applicant shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall be prepared by a licensed traffic engineer and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the current edition of the Institute of Transportation Engineers Trip Generation Handbook. An independent fee calculation shall use the same methodology used to establish TrIFs set forth in the fee schedule, shall be limited to adjustments in trip generation rates and lengths used in the 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.

C. An applicant requesting an independent fee calculation will be required to pay the city an administrative processing fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting an independent fee calculation review shall be as set forth by Chapter 3.104 LMC. However, if the director initiates the independent fee calculation as set forth by subsection (A) of this section, the applicant shall not be required to pay to the city an administrative processing fee.

D. There is a rebuttable presumption that the calculations set forth in the rate study and the fees set forth in the fee 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 not reliable. The director may require the applicant to submit additional or different documentation for consideration. The director is authorized to adjust the TrIFs on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development and/or principles of fairness.

E. Determinations made by the director pursuant to this section may be appealed as set forth in LMC 3.105.170. (Ord. 2850 § 3, 2010)

3.105.080 Exemptions.

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

1. The council has identified the city center as a development activity with broad public purposes. The city of Lynnwood city center sub-area plan identified that the goal for the city center is to create, within 20 years, a compact, intense and lively city center that offers Lynnwood new opportunities for culture, commerce and habitation. City center objectives include restructuring the city center’s growth toward a more concentrated, mixed-use, pedestrian friendly and transit supportive center, developing a distinct, strong identity for the Lynnwood city center, creating an attractive, functional and comfortable place for Lynnwood residents to live, work and play.

Page 14 of the sub-area plan states: “The City will need to take leadership in encouraging new investments as the City Center will not redevelop without this.” Furthermore, page 79 of the sub-area plan cites policy CCE 9: “Attract Investment: Attract private and public investment for new development projects and redevelopment of existing properties.” In consideration of the sub-area plan objectives and policies and the broad public benefits of city center, the following exemption has been established to act as a city center catalyst:

The first three development activities which receive development approval following the date the ordinance codified in this chapter becomes effective; provided, that they meet the following criteria:

a. Located within the city center – core (CC-C), city center – west (CC-W), and city center – north (CC-N) districts as defined in Chapter 21.60 LMC; and

b. Meets the intent of the city center sub-area plan and complies with the city center development regulations outlined in Chapter 21.60 LMC and city center design guidelines; and

c. Four stories or more in above-grade elevation; and

d. A minimum of 60 percent of the parking required for the development activity must be located in a structure and/or below ground; and

e. Completion of a development agreement between the city and the applicant for the development activity.

Said exemption shall be limited to $600,000 of TrIF assessments for any one of the three eligible development activities. If the TrIF assessment exceeds $600,000 for any one of the three eligible development activities, the applicant shall be responsible for the amount of TrIF assessment above $600,000.

2. Alteration or replacement of an existing residential or nonresidential structure that does not expand the usable space or add any residential units.

3. Any legal accessory dwelling unit approved under LMC Title 21, Zoning, as it is considered part of the single-family use associated with this fee.

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

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

6. A change of use that does not generate one or more p.m. peak hour trips.

7. Miscellaneous permits for activities which do not generate any new trips.

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

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

10. Any building permit application that has been submitted to the city before 5:00 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.

B. 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 accounts. 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 set forth in LMC 3.105.170. (Ord. 2850 § 3, 2010)

3.105.090 Credits.

A. An applicant may request that a credit or credits for TrIFs be awarded 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 rate study as the basis for calculating the TrIF.

B. The director shall determine if a request for credits meets the criteria in subsection (A) of this section, or under other applicable law.

C. 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.

D. For each request for a credit or credits, the director shall determine the value of the dedicated land, improvements, or construction on a case-by-case basis. In the event that the applicant disagrees with the director’s valuation, the applicant may submit an appraisal for the director’s consideration prepared by a state certified appraiser holding a 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, in the category for the property to be valued, and who does not have a fiduciary or personal interest in the property being appraised or valued.

E. The appraiser and/or licensed engineer shall be directed to determine the fair market value of the total value of the dedicated land, improvements, and/or construction provided by the applicant. The applicant shall pay for the actual costs for the appraisal or valuation.

F. 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 TrIF obligation, the developer will not be entitled to reimbursement of the difference.

G. 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 Lynnwood comprehensive plan transportation element 20-year list.

H. Any claim for credit must be made before payment of the TrIF and prior to the issuance of the building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit.

I. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in LMC 3.105.170. (Ord. 2850 § 3, 2010)

3.105.100 Adjustments.

Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the development activity which are earmarked or proratable to the same new public facilities which will serve the new development activity. The TrIF rates in the fee schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements.

The director shall consider granting a trip generation reduction for developer participation in public transportation and ride-sharing improvements and services, pursuant to Chapter 11.14 LMC. (Ord. 2850 § 3, 2010)

3.105.110 Establishment of transportation impact fee account.

A. TrIF receipts shall be earmarked specifically and deposited in a special interest-bearing account.

B. The city shall establish a separate TrIF account for the fees collected pursuant to this chapter which shall be designated as the transportation impact fee account. Funds withdrawn from the account 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 account and expended for the purposes for which the TrIFs were collected.

C. On an annual basis, the finance director shall provide a report to the council on the TrIF account 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 TrIFs.

D. TrIFs shall be expended or encumbered within 10 years of receipt.

E. In order to comply with RCW 82.02.060(2), TrIFs for development activity as specified under exemptions LMC 3.105.080(A)(1) and (B) shall be paid for with public funds other than from TrIF accounts. (Ord. 3211 § 5, 2016; Ord. 2850 § 3, 2010)

3.105.120 Administrative guidelines.

The director is hereby authorized to adopt internal guidelines for the administration of TrIFs, which may include the adoption of a procedures guide for TrIFs. (Ord. 2850 § 3, 2010)

3.105.130 Refunds.

A. If the city fails to expend or encumber the TrIFs within 10 years of when the fees were paid, the current owner of the property on which TrIFs have been paid may receive a refund of such fees. In determining whether TrIFs have been expended or encumbered, TrIFs 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 TrIF was assessed.

C. Property owners seeking a refund of TrIFs 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 TrIFs for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate system improvements.

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

F. When the city seeks to terminate any or all components of the TrIF 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 for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

G. The city shall also refund to the current owner of property for which TrIFs have been paid all TrIFs paid, including interest earned on the TrIFs, if the development activity for which the TrIFs were imposed did not occur; provided, however, that if the city has expended or encumbered the TrIFs 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 TrIFs 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 in LMC 3.105.170. (Ord. 3211 § 6, 2016; Ord. 2850 § 3, 2010)

3.105.140 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 public facilities serving existing development; and

3. Shall not be used for maintenance or operation.

B. TrIFs may be spent for public improvements to streets and roads 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 curbs, gutters, sidewalks, bike lanes, storm drainage and installation of traffic signals, signs and street lights, applicable impact fees or mitigation costs, and any other expenses which can be capitalized.

C. TrIFs 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 public 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 TrIFs may be expended, TrIFs 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. 2850 § 3, 2010)

3.105.150 Periodic adjustment of fees.

A. The TrIFs in the fee schedule shall be indexed to provide for an automatic fee adjustment according to the following schedule every two years beginning January 1, 2013, to reflect changes in project costs due to industry trends. The Washington State Department of Transportation Construction Cost Index (CCI) 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, of the two most recent calendar years’ CCI data that is available.

B. The rate study supporting the TrIFs in the fee schedule shall be updated periodically, unless the city determines that circumstances have not changed to warrant an update. (Ord. 2850 § 3, 2010)

3.105.160 Administrative fees.

A. There shall be a fee for the administration of the TrIF program. The administrative fee shall be as set forth by Chapter 3.104 LMC. The administrative fee shall be deposited into an administrative fee account within the TrIF funds. Administrative fees shall be used to defray the cost incurred by the city in the administration and update of the TrIF program. The administrative fee is not creditable or refundable.

B. The administrative fee, in addition to the TrIF, shall be paid by the applicant to the city at the same time as the TrIF is paid. (Ord. 2850 § 3, 2010)

3.105.170 Reviews by the director and appeals.

A. In order to obtain a building permit, any applicant may pay the TrIFs 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 TrIFs at issue 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 TrIFs, providing the applicant is willing to postpone issuance of the building permit until after the appeal process when the final amount of the TrIFs are known.

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

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 TrIF at issue. 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 within 14 calendar days of the director’s issuance of a written determination by filing a letter of appeal with the public works department specifying the grounds thereof, and depositing the necessary appeal fee as set forth by Chapter 3.104 LMC. 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.

F. The city shall fix a time for the hearing of the appeal and give notice to the parties in interest. In those cases where the proposed development activity may require a public hearing under the authority of other chapters of the LMC, the hearings may be combined. At the hearing, any party may appear in person or by agent or attorney.

G. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to an applicant’s development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The hearing examiner’s determination shall be final unless appealed to the superior court of Snohomish County in accordance with the procedures in RCW 34.05.510 through 34.05.598, and with the appeal being filed with the city clerk within 30 days after issuance of the decision of the hearing examiner.

H. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the TrIFs imposed or the credit awarded. (Ord. 2850 § 3, 2010)

3.105.180 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. 2850 § 3, 2010)

3.105.190 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 TrIF shall be required for identified adverse impacts appropriate for mitigation pursuant to SEPA that are not mitigated by a TrIF 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 have the option of either:

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

2. Paying the TrIF under this chapter.

This subsection (C) shall not apply to an application for a subsequent change of use of the building or portions thereof. (Ord. 2850 § 3, 2010)

3.105.200 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. 2850 § 3, 2010)

3.105.210 Single-family residential deferral program.

An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full TrIF payment until final inspection or 18 months from the date of original building permit issuance, whichever occurs first. Deferral of TrIFs are 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, “single-family residence” means a permit for a single-family attached or detached residence as defined as a “one-family dwelling” in LMC 21.02.295.

C. To receive a deferral, an applicant must:

1. Submit a deferred TrIF application for each single-family attached or detached residence for which the applicant wishes to defer payment of the TrIFs;

2. Pay the applicable administrative fee prior to the issuance of the building permit;

3. Grant and record at the applicant’s expense a deferred TrIF lien in a form approved by the city against the property in favor of the city in the amount of the deferred TrIF that:

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

b. Requires payment of the TrIFs to the city prior to final inspection or 18 months from the date of original building permit issuance, whichever occurs first;

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

D. The amount of TrIFs deferred shall be determined by the fees in effect at the time a complete building permit application is filed.

E. The applicant may pay the deferred amount early or in installments, with no penalty for early payment.

F. The city shall withhold final inspection until the TrIFs have been paid in full. Upon receipt of final payment of TrIFs deferred under this section, the city shall execute a release of deferred TrIF lien for each single-family attached or detached residence for which the TrIFs have been received. The city shall be responsible for recording the lien release.

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

H. If TrIFs 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.

I. The city shall collect an administrative fee from the applicant seeking to defer the payment of TrIFs under this section as provided in Chapter 3.104 LMC. (Ord. 3211 § 7, 2016)