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A. A feepayer can request that a credit or credits for transportation impact fees be awarded to them for transportation project improvements provided by the feepayer in excess of the standard requirements for the feepayer’s development if the land, improvements, and/or the facility constructed are identified as transportation system improvements that provide capacity to serve new growth in the capital facilities plan, or the director, at their discretion, makes the finding that such land, improvements, and/or facilities would serve the transportation goals and objectives of the capital facilities plan.

B. For each request for a credit or credits, the director shall determine the value of dedicated land by using available documentation or selecting an appraiser from a list of independent appraisers maintained by the department to determine the value of the land being dedicated. The value of the improvements will be determined through documentation submitted by the feepayer.

C. The feepayer shall pay the cost of the appraisal and shall deposit on account the estimated cost of the appraisal as determined by the city at the time the feepayer requests consideration for a credit.

D. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.

E. Any request for credit must be made by the time of application for a building permit, or it shall be deemed waived.

F. No credit shall be given for transportation project improvements or right-of-way dedications for direct access improvements to and/or within the development in question.

G. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in ACC 19.04.080.

H. Pursuant to and consistent with RCW 82.02.060, the fee rate in the city’s fee schedule has been reasonably adjusted for other revenue sources which are earmarked for, or proratable to, funding transportation facilities.

I. In order to grandfather the capacity rights of existing land uses, the director will utilize the adopted rates to calculate any impact fee credits and to determine any surplus credits for off-site system improvements made by the property owner. Only in a situation when a property owner makes off-site system capacity improvements that qualify in accordance with subsection A of this section will any surplus credits (value computed during the permit year and not adjusted for inflation) remain with the property or any subdivision of that property to benefit future development where a traffic impact fee is determined to be due. (Ord. 6792 § 1 (Exh. A), 2020; Ord. 6341 § 3, 2011; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)