22.16.070 Imposition of transportation impact fees.
A. Any development in the service area, except a development or portion thereof specifically exempt pursuant to subsection B of this section, shall be required to pay a transportation impact fee to the extent and in the amount provided herein.
B. The following types of development or portion thereof are development activities with broad public purposes, and are exempt from the requirement to pay a transportation impact fee as otherwise required by this chapter:
1. Any development or portion thereof used exclusively for “child care services” as defined in LUC 20.50.014 now or as hereafter amended; provided, that no such exemption shall be provided unless the developer has first signed an agreement satisfactory to the city which provides assurance that such child care services use shall continue for at least that term specified in such agreement;
2. Any development or portion thereof used exclusively for affordable housing; provided, that no such exemption shall be provided unless the developer has first signed an agreement satisfactory to the city which provides assurance that any units granted an exemption under this section shall remain affordable for the life of the project;
3. Public transportation facilities;
4. City parks or public parks each as defined in LUC 20.50.040, now or as hereafter amended;
5. Privately operated not-for-profit social service facilities recognized by the Internal Revenue Service under Internal Revenue Code Section 501(c)(3);
6. Public libraries;
7. Publicly funded educational institutions;
8. Hospitals, as defined in LUC 20.50.024 now or as hereafter amended, if not operated for profit;
Impact fees for these exemptions shall be paid from public funds other than the impact fee fund.
9. City facilities such as fire stations, police stations, or maintenance facilities.
C. Timing of Calculation and Payment. Except as otherwise set forth in this section, impact fees shall be calculated based on the impact fee rate schedule in effect at the time of building permit issuance, or if a building permit is not required, at the time of issuance of the city’s decision approving the development. Impact fees shall be payable at the time of building permit issuance, or if a building permit is not required, at the time the city issues its decision approving the development.
1. Tenant Spaces. For the initial build-out of a mixed-use building, impact fees for tenant spaces less than 5,000 square feet in gross floor area shall be calculated and payable at the time of the issuance of the tenant improvement permit.
2. Affordable Housing. Affordable housing units in residential development are not required to pay impact fees prior to building permit issuance; provided, that the developer has executed the agreement identified in BCC 22.16.070(B)(2) prior to building permit issuance. Such agreement shall be recorded prior to certificate of occupancy.
3. The provisions of this section shall not apply if the payment of impact fees have been deferred pursuant to Chapter 22.19 BCC. The timing of payments may be modified in a development agreement approved by the city council pursuant to Chapter 36.70B RCW. (Ord. 6519 § 5, 2020; Ord. 6298 § 1, 2016; Ord. 5871 § 5, 2009; Ord. 4824 § 5, 1995; Ord. 4104 § 7, 1989.)