An applicant may request to defer payment of impact fees imposed pursuant to Chapter 22.16 or 22.18 BCC for a single-family residential development unit any time after submittal of a complete building permit application. The following provisions shall apply to any request to defer payment of an impact fee:
A. Application. The applicant shall submit to the city in writing a request to defer the payment of an impact fee for a specifically identified building permit or development approval. 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. The director of the development services department shall have the authority to charge a fee to pay for the cost of time required for city staff to administer the impact fee deferral for each building permit.
B. Calculation of Impact Fees. The impact fee amount due under any request to defer payment of impact fees shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection A of this section.
C. Impact Fee Lien. 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 and record a deferred impact fee payment lien in a form acceptable to the city attorney. The deferred impact fee payment lien shall be recorded against the property subject to the building permit and be granted in favor of the city in the amount of the deferred impact fee. 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.
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 subsection, the city may institute foreclosure proceedings under the process set forth in Chapter 61.12 RCW, as adopted or hereinafter amended. The district may also institute foreclosure proceedings as set forth in RCW 82.02.050(3), as adopted or hereinafter amended.
H. An applicant is entitled to defer impact fees pursuant to this section for no more than 20 single-family dwelling unit 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. 6298 § 7, 2016.)