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Title 17D
Chapter 17D.075
Section 17D.075.070
 

Title 17D City-wide Standards

Chapter 17D.075 Transportation Impact Fees

Section 17D.075.070 Credits

  1. A feepayer can request a credit for the total value of dedicated land or public facilities provided by the feepayer if the land and public facilities are identified as system improvements or in cases where the director, in the director’s discretion, determines that such dedication of land or public facilities would serve the goals and objectives of the capital facilities plan.
     
  2. The city council finds that certain types of development activity (including development with the City’s center and corridor zones) is likely to generate fewer p.m. peak hour vehicle trips than other development activity. Consistent with this finding, a feepayer may request a partial credit for the following:

    1. Development within center and corridor zones shall qualify for a partial credit of ten percent of the impact fees otherwise payable as a result of the development activity.

    2. Mixed use development incorporating an “active” first floor (e.g. office, retail) and residential shall qualify for a partial credit of ten percent of the impact fees otherwise payable as a result of the development activity.

    3. Development of complete streets that provide pedestrian connections to surrounding neighborhoods and districts shall entitle a feepayer to a partial credit of ten percent of the impact fees otherwise payable as a result of the development activity. The credit provided for in this section shall only apply to the extent a feepayer is developing a complete street on the entire length of the block on which the development activity is occurring. The credit provided for in this section shall be limited to the cost incurred by the feepayer in developing the complete street.

    4. The cumulative credits granted in subsections (B)(1) through (B)(3) above for center and corridor development, mixed use development incorporating active first floors, and development of complete streets, shall not exceed twenty percent of the impact fees otherwise payable as a result of the development activity.

    5. The director shall be authorized to determine whether a particular development activity falls within a credit identified in this Section B, in any other section, or under other applicable law. Determinations of the director shall be in writing issued within fourteen days of a complete application and shall be subject to the appeals procedures set forth in SMC 17D.075.090.
       
  3. For each request for a credit, under subsection (A) above, if appropriate, the director shall select an appraiser or the feepayer may select an independent appraiser acceptable to the director. The appraiser must be a Washington State certified appraiser or must possess other equivalent certification and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser's certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised.
     
  4. The appraiser shall be directed to determine the total value of the dedicated land and/or public facilities provided by the feepayer on a case-by-case basis.
     
  5. The feepayer shall pay for the cost of the appraisal. The feepayer may request that the cost of the appraisal be deducted from the credit which the director may be providing to the feepayer, in the event that a credit is awarded.
     
  6. After receiving the appraisal, and where consistent with the requirements of this section, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within sixty calendar days shall nullify the credit. The credit must be used within seventy-two months of the award of the credit.
     
  7. Any claim for credit must be made prior to issuance of a building permit, provided any claim for credit submitted later than twenty calendar days after the submission of an application for a building permit shall constitute a waiver and suspension of timelines established by state and/or local law for processing of permit applications.
     
  8. In no event shall the credit exceed the amount of the impact fees that would have been due for the proposed development activity.
     
  9. No credit shall be given for project improvements.
     
  10. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in SMC 17D.075.090.

Date Passed: Monday, January 24, 2011

Effective Date: Saturday, March 12, 2011

ORD C34673 Section 2