§ 20.90.040. Imposition of impact fees on development activity.

(a)

All development projects within the city shall be assessed a transportation impact fee, at the rate of three thousand three hundred and fifty-five dollars, based on peak p.m. trips, as computed in accordance with the most current edition of the Institute of Transportation Engineers Trip Generation Manual, as applied to the city's transportation element of the adopted comprehensive plan. It is hereby declared that such impact fees shall:

(1)

Only be imposed for system improvements that are reasonably related to new development; and,

(2)

Not exceed a proportionate share of the cost of the system improvements, including the costs of previously constructed system improvements, reasonably related to new development; and,

(3)

Be used for system improvements that will reasonably benefit new development; and

(4)

Not be imposed to make up for deficiencies in any previously constructed system improvements. Such impact fee schedule is based upon the formula for calculating the proportionate share of the cost of the system improvements, including the costs of previously constructed system improvements, necessitated by new development to be borne by impact fees, which formulas are described in the transportation element of the city's comprehensive plan and incorporated herein by this reference.

(b)

For subdivisions, short plats, and all other development activities, impact fees shall be assessed prior to the issuance of the building permit. Impact fees shall be due and payable, in whole at said time without interest.

(c)

Failure to pay the impact fees for a given development activity at the time of assessment shall result in denial of the building permit for which the owner has applied.

(d)

If, as a condition of approval of development activity, the city requires the dedication of land, or construction of system improvements, in excess of the minimum development standards set out in this title, the developer shall be eligible for a credit towards the transportation mitigation fees otherwise payable under this chapter. The amount of said credit shall be measured based on the pre-development fair market value of said land or improvements required in excess of the minimum standards and shall be deducted from the transportation mitigation fees charged under this chapter.

(e)

A trip-for-trip credit for existing trips may be given when a site is being expanded or undergoing a change in use. However, no credits for existing trips may be transferred from one site to another.

(f)

The city administrator or designee may adjust the amount of the impact fee otherwise imposed hereby with respect to specific projects requiring a building permit upon determining that:

(1)

Unusual circumstances requires such adjustment to ensure that such impact fees are imposed fairly; and

(2)

Studies and data submitted by the owner regarding the impacts of such owner's proposed development activity requires such adjustment to ensure that such impact fees are imposed fairly. Impact fees shall not be deemed unfair unless such unusual circumstances and studies and data support a finding that the impact fees otherwise imposed hereby allocate to the specific project in question a share of the cost of the systems improvements reasonably related to new development that is greater than or substantially less than such project's allocable proportionate share of such costs.

(Ord. 1309 § 5(part), 2003)

(Ord. No. 1469, § 16, 4-20-2009;; Ord. No. 1475, § 1, 11-2-2009)