A. Effective January 1, 2007, the city shall collect park impact fees, based on the fee schedule of the city of Auburn, from any applicant seeking development approval from the city for any development activity that includes dwelling units within the city. The park impact fees established hereby shall be listed on the city of Auburn fee schedule according to service area. Two service areas are established within Auburn. The downtown catalyst park service area, as defined in ACC 19.08.020(AA), and the city-wide service area, which is defined as all other property within the city boundaries that is outside the downtown catalyst park service area. Credits, adjustments, and exemptions set forth in this chapter shall apply equally to both areas.

B. Effective January 1, 2007, where a change in use increases housing capacity by more than or equal to one dwelling unit, the director shall calculate a parks and recreation impact fee based on the increase in the housing capacity.

C. Except when fees are deferred, the parks impact fee shall be imposed 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 19.08.040, and adjusted for any credits pursuant to ACC 19.08.050. When fees are deferred, the assessment will be based on the fees in effect at the time of payment.

D. The amount to be paid shall not be increased for any applicant that submitted a complete application for the building permit before the city established the impact fee rates.

E. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ACC 19.08.050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ACC 19.08.050 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.

F. The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded.

G. For complete single-family building permit applications for new development, redevelopment or a change in use, and prior to or at the time of 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 that requires payment of parks impact fees due and owing, less any credits awarded, by providing for automatic payment through escrow of these development charges due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or 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:

H. For complete multifamily building permit applications for new development, redevelopment or a change in use, and prior to or at the time of 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 that requires payment of parks impact fees due and owing, less any credits awarded, by providing for automatic payment through escrow of these development charges due and owing to be paid no later than at time of closing of the sale of the unit or at final inspection or 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: