19.04.040 Assessment of impact fees.
A. The city shall collect impact fees, based on its fee schedule, as a condition of issuing any building permit.
B. The director shall apply a heavy truck adjustment factor to the transportation impact fees for land uses categorized as industrial in the ITE Trip Generation Manual, addressing the percentage of vehicle trips for such uses made by trucks of three or more axles and the street capacity used by such trucks in comparison to other vehicles.
C. Except when fees are deferred, the transportation impact fee shall be assessed based on the fee schedule that is in effect at the time the submitted building permit application is determined to be complete and shall be payable prior to issuance of the permit, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19.04.050, and adjusted for any credits pursuant to ACC 19.04.060. When fees are deferred, the assessment will be based on the fees in effect at the time of payment. Should the scope of the development change after the building permit application is determined to be complete, the amount of the impact fees may be adjusted as determined by the city to reflect the revised scope but shall be based on the fee schedule that is or was in effect at the time of the originally submitted building permit application. When fees are deferred pursuant to subsections E, F and G of this section, the assessment will be based on the fees in effect at the time of payment.
D. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ACC 19.04.060 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ACC 19.04.060 setting forth the dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued.
E. For complete single-family building permit applications for new development, redevelopment or a change in use, and at or before issuance of any single-family residential building permit for a dwelling unit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city. The forms shall require payment of transportation impact fees due and owing by automatic payment through escrow no later than: (a) closing of the sale of the unit; (b) at final inspection or issuance of certificate of occupancy; or (c) 18 months from the date the original building permit was issued, whichever comes first. Failure to pay shall result in the following:
1. If the full amount of any fees required by this chapter remains unpaid 30 days after the city has sent written notification of the payment obligation to the responsible party, then the responsible party shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall be by regular and certified mail to the responsible party’s most current mailing address on file with the city. For the purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges under this chapter that are outstanding 30 days after their due date shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (E)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to determinations made pursuant to this section.
F. For complete multifamily building permit applications for new development, redevelopment or a change in use, and at or before issuance of any multifamily residential building permit that is being constructed, the applicant may elect to record a covenant against title to the property on forms prepared and provided by the city. The forms shall require payment of transportation impact fees due and owing by automatic payment through escrow no later than: (a) closing of the sale of the unit; (b) at final inspection or issuance of certificate of occupancy; or (c) 18 months from the date the original building permit was issued, whichever comes first. Failure to pay shall result in the following:
1. If the full amount of any fees required by this chapter remains unpaid 30 days after the city has sent written notification of the payment obligation to the responsible party, then the responsible party shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall be by regular and certified mail to the responsible party’s most current mailing address on file with the city. For the purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges under this chapter that are outstanding 30 days after their due date shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (F)(1) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to determinations made pursuant to this section.
G. For nonresidential development composed of:
1. New development; or
2. Redevelopment or a change in use that includes:
a. Commercial office and retail uses; and
b. Light and heavy manufacturing uses, but excludes:
i. Warehousing and distribution uses; and
ii. Institutional development (including, but not limited to, public and private schools and colleges and hospitals);
and before issuance of any permit application and following the execution of a payment agreement on forms prepared and provided by the city, the applicant may elect to pay transportation impact fees due and owing, less any credits awarded, no later than before issuance of certificate of occupancy or 18 months from the date of issuance of the original building permit, whichever comes first. Failure to pay shall result in the following:
3. If the full amount of any fees required by this chapter remains unpaid 30 days after the city has sent written notification of the payment obligation to the responsible party, then the responsible party shall be subject to the enforcement provisions of ACC 1.25.030 and 1.25.065. Written notification shall be by regular and certified mail to the responsible party’s most current mailing address on file with the city. For the purposes of applying ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the property(ies) for which a permit(s) has been issued shall constitute the property(ies) on which the violation is occurring, and the impact fee amount remaining unpaid shall constitute a violation occurring on the permitted property(ies) under these sections.
4. Any unpaid charges under by this chapter that are outstanding 30 days after their due date shall constitute a lien against the property(ies) for which a permit(s) has been issued in the amount of the unpaid charges. In addition to the actions authorized in subsection (G)(3) of this section, the city may record a lien against the permitted property(ies) in the amount of the unpaid charges and may immediately suspend any permits previously issued for the lot or unit associated with the current development activity and shall limit the granting of any future permits for the lot or unit until such time that all outstanding water, sanitary sewer and storm drainage development charges are paid in full.
5. The appeals process authorized in ACC 19.04.080 shall not apply to determinations made pursuant to this section. (Ord. 6843 § 2, 2021; Ord. 6792 § 1 (Exh. A), 2020; Ord. 6583 § 1, 2016; Ord. 6455 § 3, 2013; Ord. 6341 § 3, 2011; Ord. 6005 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)