Chapter 22.20
DEFERRAL OF TRANSPORTATION AND PARKS AND RECREATION IMPACT FEES

Sections:

22.20.010    Deferral of impact fee collection.

22.20.010 Deferral of impact fee collection.

Impact fees assessed for single-family detached or attached new residential construction may be deferred at the election of an applicant for impact fee deferral under the following terms and conditions:

A. For each single-family residence for which any impact fee deferral is applied for, an administrative fee set in the annual fee ordinance must simultaneously be paid to the city due to the increased burden placed on city staff for processing and monitoring such deferral.

B. A separate application must be submitted for each single-family residence being constructed. Only the first 20 applications per calendar year by each applicant for impact fee deferral are eligible for impact fee deferral under this chapter.

C. The period of deferral expires at the earliest of:

1. The time of final inspection by the city;

2. The time of issuance of a certificate of occupancy by the city;

3. The time of closing of the first transfer of the property occurring after the issuance of the applicable building permit; or

4. Eighteen months after the building permit is issued by the city.

D. Final inspection approval, certificate of occupancy, and hookups to water and sewer will not be issued or made until payment in full of the impact fees is made. For the first transfer of the property, the impact fees shall be paid at closing if they have not been previously paid.

E. The applicant for impact fee deferral must grant and record in favor of the city of Sequim an impact fee lien in the amount of the deferred impact fee. The lien must be in a form signed, dated, and approved by the city attorney, and signed by all owners of the property and persons or entities holding any interest in the property, with all signatures acknowledged as required for a deed, and recorded among the appropriate land records of the Clallam County auditor. Proof of such recording must be submitted to the city before a building permit will be issued. The lien must specify that it is binding on all successors in title after the recordation. The lien may specify that it is subordinate to one mortgage for the purpose of construction upon the same real property granted by the applicant for impact fee deferral. A mortgage, deed of trust, or other financing mechanism will be limited to the property upon which construction on one single-family residence will occur. A lien not paid when due will bear interest at the statutory rate. A lien becomes due at the expiration of the deferral date.

F. If impact fees are not paid in accordance with this chapter, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW.

G. After any deferred impact fees are paid in full, the person making the payment may submit a written request to the city for release of the lien. The request must contain the name and address of the requester together with a copy of a proposed release of lien form. Upon approval by the city attorney, the responsible official of the city will sign the release of lien and deliver it to the requester in person or by first class mail. The requester is responsible for recording the release of lien with the county auditor. (Ord. 2023-018 § 1 (Exh. A); Ord. 2015-016 § 2 (Exh. B))