Chapter 16.80
IMPACT FEE DEFERRAL PROGRAM
Sections:
16.80.030 Impact fee deferral.
16.80.040 Final inspection and deferral term.
16.80.050 Deferred impact fee lien.
16.80.060 No limitation on the number of deferrals.
16.80.010 Purpose.
The purpose of this chapter is to comply with the requirements of RCW 82.02.050(3), as amended by ESB 5923, Chapter 241, Laws of 2015, to provide an impact fee deferral process for single-family residential construction. (Ord. O-21-720 § 1).
16.80.020 Applicability.
A. The provisions of this chapter shall apply to all impact fees established and adopted by the City pursuant to Chapter 82.02 RCW, including, but not limited to, transportation impact fees, park impact fees, fire impact fees, and school impact fees assessed under the City’s current fee schedule.
B. The provisions of this chapter shall apply to all building permit applications for single-family dwelling units, whether attached or detached.
C. 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. O-21-720 § 1).
16.80.030 Impact fee deferral.
A. Deferral Request Authorized. Notwithstanding provisions elsewhere in this title that require impact fees to be paid upon issuance of a building permit, building permit applicants for single-family dwelling units may request to defer payment of required impact fees until the applicable dwelling unit is ready for final inspection.
Any such deferral request shall be granted as long as the requirements of this chapter are satisfied.
B. Method of Request. A request for impact fee deferral shall be made at the time of building permit application in writing on a form provided by the City. Any request for impact fee deferral must be accompanied by a preliminary commitment for a title insurance policy in the amount of the deferred fees, identifying the vested owner of the property and the City of Maple Valley as the proposed insured. The fee deferral applicant shall pay, at the time of the deferral request, the following amounts: (1) an administrative fee in an amount equal to two hours at the City’s hourly rate for planning as stated in the City’s current fee schedule; (2) an amount equal to the title insurance policy premium, as shown on the preliminary commitment form; and (3) an amount equal to the title company’s estimated lien recording, closing, and any other processing costs.
C. 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. O-21-720 § 1).
16.80.040 Final inspection and deferral term.
No final inspection of a single-family dwelling unit whose impact fees were deferred under this chapter shall occur until the deferred impact fees have been paid in full. The term of an impact fee deferral allowed under this chapter may not exceed 18 months from the date the building permit is issued (“deferral term”). If the applicant does not seek final inspection 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. O-21-720 § 1).
16.80.050 Deferred impact fee lien.
A. Applicant’s Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and allow recording of a deferred impact fee lien in an amount equal to the deferred impact fees as determined under the City’s current fee schedule. The lien shall be recorded against the property in favor of the City in accordance with the requirements of RCW 82.02.050(3)(c). The lien shall be in a form approved by the City Attorney and shall expressly state that any costs of foreclosure are borne by the property owner. The identification of the lien grantor shall be identical to identification of the vested owner on the preliminary commitment. No building permit may issue for any project requesting deferral until the City receives a copy of the recorded lien with corresponding recording numbers from the King County Recorder’s Office and confirmation of issuance of a title insurance policy in favor of the City of Maple Valley for the amount of the deferred fees.
B. 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.
C. Foreclosure of Lien. The City shall commence lien foreclosure proceedings if the deferred impact fees are not paid in full within seven days of the City’s demand to make full payment. (Ord. O-21-720 § 1).
16.80.060 No limitation on the number of deferrals.
The number of deferral allowances per applicant per year under this chapter shall not be limited to the first 20 single-family dwelling unit building permits, as could be allowed under RCW 82.02.050(3)(g). (Ord. O-21-720 § 1).