Chapter 20.15
OPTIONAL DEFERMENT OF IMPACT FEES
Sections:
20.15.010 Findings and authority.
20.15.030 Impact fee deferment program.
20.15.010 Findings and authority.
In accordance with RCW 82.02.050(3)(a) through (i), impact fees imposed under this title upon single-family detached or attached new residential construction may be deferred at the election of an applicant, in accordance with the terms and provisions of this chapter. (Ord. 1179 § 2, 2016).
20.15.020 Definitions.
A. “City” means the city of Snoqualmie.
B. “Impact fee” means a fee imposed upon development activity pursuant to RCW 82.02.050 through 82.02.090 and this title, as each currently exists or hereafter may be amended. “Impact fee” does not include a construction or development permit or construction or development application fee imposed under SMC Titles 14, 15, 17 and/or 19, the impact fee deferral administrative fee imposed under SMC 20.15.030(A), or the impact fee lien recording fee required by SMC 20.15.030(C). (Ord. 1179 § 2, 2016).
20.15.030 Impact fee deferment program.
An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to the date of final inspection the payment of an impact fee(s) for a new, single-family detached or attached residential development unit. The following shall apply to any request to defer payment of an impact fee:
A. The applicant shall submit to the city a written request to defer the payment of an impact fee for a specifically identified building permit. The applicant’s request shall identify, as applicable, the applicant’s corporate identity and contractor registration number, the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur, the legal description of the property upon which the development activity allowed by the building permit is to occur, the tax parcel identification number of the property upon which the development activity allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur. All applications shall be accompanied by an administrative fee as provided for in the city’s adopted permit and impact fee schedule.
B. The impact fee amount due under any request to defer payment of impact fees shall be based on the impact fee schedule in effect at the time the applicant submits a completed request for impact fee deferral that includes all of the information required in subsection A of this section.
C. Prior to the issuance of a building permit that is the subject of a request for a deferred payment of impact fee, all applicants and/or legal owners of the property upon which the development activity allowed by the building permit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The signatures shall be acknowledged as required for a deed conveying an interest in real property. The deferred impact fee payment lien shall be granted in favor of the city in the amount of the deferred impact fees, shall be recorded against the property subject to the building permit, and shall be binding on all successors in title after the recordation of the lien. Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building permit. In addition to the administrative fee required in subsection A of this section, the applicant shall pay to the city the fees necessary for recording the lien agreement with the King County recorder.
D. The city shall not approve a final inspection until the impact fees identified in the deferred impact fee payment lien are paid in full.
E. In no case shall payment of the impact fee be deferred for a period of more than 18 months from the date of building permit issuance.
F. Upon receipt of final payment of the deferred impact fee as identified in the deferred impact fee payment lien, the city shall execute a release of lien for the property. The property owner may, at his or her own expense, record the lien release.
G. In the event that the deferred impact fee is not paid within the time provided in this section, the city may institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW. In the case of school impact fees, and in the event that the city does not institute foreclosure proceedings for unpaid school impact fees within 45 days after receiving notice from a school district requesting that it do so, the district may also institute foreclosure proceedings with respect to the unpaid impact fees.
H. An applicant may defer impact fees pursuant to this section for no more than 20 single-family residence building permits per year in the city. For purposes of this section, an “applicant” includes an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant. (Ord. 1179 § 2, 2016).