Chapter 14A.25
IMPACT FEE DEFERRAL

Sections:

14A.25.010    Purpose.

14A.25.020    Applicability.

14A.25.030    Impact fee deferral.

14A.25.040    Deferral term.

14A.25.050    Deferred impact fee lien.

14A.25.060    Limitation on deferrals.

14A.25.010 Purpose.

The purpose of this chapter is to comply with the requirements of RCW 82.02.050, as amended by ESB 5923, Chapter 241, Laws of 2015, to provide an impact fee deferral process for single-family residential construction, in order to promote economic recovery in the construction industry. (Ord. O2016-412 § 1 (Att. A))

14A.25.020 Applicability.

(1) The provisions of this chapter shall apply to all impact fees established and adopted by the City pursuant to Chapter 82.02 RCW, including street impact fees assessed under Chapter 14A.15 SMC, impact fees for parks and recreational facilities assessed under Chapter 14A.20 SMC, and school impact fees assessed under Chapter 21A.105 SMC.

(2) Subject to the limitations imposed in SMC 14A.25.060, the provisions of this chapter shall apply to all building permit applications for single-family detached and single-family attached residential construction. For the purposes of this chapter, an “applicant” includes an entity that controls the named applicant, is controlled by the named applicant, or is under common control with the named applicant. (Ord. O2016-412 § 1 (Att. A))

14A.25.030 Impact fee deferral.

(1) Deferral Request Authorized. Applicants for single-family attached or single-family detached residential building permits may request to defer payment of required impact fees until the sooner of:

(a) Final inspection; or

(b) The closing of the first sale of the property occurring after the issuance of the applicable building permit;

which request shall be granted so long as the requirements of this chapter are satisfied.

(2) Method of Request. A request for impact fee deferral shall be declared at the time of preliminary plat application (for platted development) or building permit application (for nonplatted development) in writing on a form or forms provided by the City. Any request for impact fee deferral must be accompanied by an administrative fee in an amount equal to one hour at the City’s hourly rate for planning as stated in the City’s current fee schedule.

(3) Calculation of Impact Fees. The amount of impact fees to be deferred under this chapter shall be determined as of the date the request for deferral is submitted. (Ord. O2016-412 § 1 (Att. A))

14A.25.040 Deferral term.

The term of an impact fee deferral granted under this chapter may not exceed 18 months from the date the building permit is issued (“deferral term”). If the condition triggering payment of the deferred impact fees does not occur prior to the expiration of the deferral term, then full payment of the impact fees shall be due on the last date of the deferral term. (Ord. O2016-412 § 1 (Att. A))

14A.25.050 Deferred impact fee lien.

(1) Applicant’s Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and record a deferred impact fee lien, in an amount equal to the deferred impact fees as determined under SMC 14A.25.030(3), against the property in favor of the City in accordance with the requirements of RCW 82.02.050(3)(c).

(2) Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees for the property, the City shall execute a release of deferred impact fee lien for the property. The property owner at the time of the release is responsible, at his or her own expense, for recording the lien release. (Ord. O2016-412 § 1 (Att. A))

14A.25.060 Limitation on deferrals.

The deferral entitlements allowed under this chapter shall be limited to the first 20 single-family residential construction building permits per applicant, as identified by contractor registration number or other unique identification number, per year. (Ord. O2016-412 § 1 (Att. A))