30.66B.340 Timing of road system impact fee payment

30.66B.340 Timing of road system impact fee payment.

(1) Payment of a road system impact fee is required prior to building permit issuance, except as provided in subsection (5) of this section.

(2) Where no building permit will be associated with an application for development or land use approval, such as a development requiring approval of a conditional or administrative conditional use permit, payment is required as a precondition to approval.

(3) For a binding site plan with record of survey, for which the concurrency expiration date is more than six years after the concurrency determination date, one-half of the payment is required prior to recording of the binding site plan with record of survey. Payment of the second half is due prior to the issuance of any building permits.

(4) The amount of the road system impact fee payment shall be based upon the rate in effect at the time of filing of a complete application for development.

(5) An applicant may request a deferral of the payment of road system impact fees. The deferral of road system impact fees shall be allowed only for single-family attached and detached residential construction by a property owner having a contractor registration number or other unique identification number. The amount of impact fees that may be deferred under this subsection shall be determined by the fees in effect at the time the applicant applies for a deferral.

(a) For this subsection:

(i) "Applicant" means property owner which includes an entity that controls, is controlled by, or is under common control with the applicant.

(ii) "Common control" means two or more entities controlled by the same person or entity.

(iii) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise.

(b) An applicant wishing to defer the payment of a road system impact fee shall:

(i) Submit a signed and notarized deferred impact fees application and completed lien form signed by all owners of the property subject to the lien concurrent with the building permit application for the building subject to the impact fees. Multiple deferrals can be included on one application as long as the building permit applications are located within the same development and the applicant pays a separate administrative fee as required below for each single-family dwelling unit whether detached or attached;

(ii) Submit a signed certification that the applicant has requested deferral of impact fees for no more than a total of 20 building permits in the calendar year within unincorporated Snohomish County; and

(iii) Pay a non-refundable $250.00 administration fee for each deferred impact fee application.

(i) Be in a form approved and provided by the county;

(ii) Include the legal description, property tax account number, and address for each lot or unit the lien will encumber and identify the type and amount of the deferred impact fees.

(iii) Be binding and subordinate on all successors in title after the recording.

(iv) Be junior and subordinate to a first mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees, but in no case shall the lien be in less than second place.

(v) Be signed by all owners of the property, with all signatures acknowledged as required for a deed.

(d) The lien shall be recorded prior to the issuance of the building permit for the building subject to the impact fees.

(e) Each applicant eligible to defer impact fees shall only be entitled to receive deferrals for no more than a total of 20 building permits in unincorporated Snohomish County during each calendar year.

(f) The applicant or property owner shall be responsible for the payment of recording fees.

(g) The deferred impact fees for each single-family dwelling unit whether detached or attached shall be paid in full prior to whichever of the following occurs first:

(i) Scheduling final inspection;

(ii) Issuance of a certificate of occupancy;

(iii) The closing of the first sale of the property occurring after the recording of the lien; or

(iv) Eighteen months from the date of building permit issuance.

(h) If the building for which the deferral of the impact fees is requested is located within a subdivision or short subdivision, the subdivision or short subdivision shall be recorded prior to recording the lien for impact fees and issuance of the building permit.

(i) Upon receipt of final payment of all deferred impact fees for a building permit, the county shall execute a release of the deferred impact fee lien. The applicant or property owner is responsible for submitting a lien release application to PDS. The applicant, at their own expense, will be responsible for recording the lien release after all deferred impact fees associated with a lot or unit subject to a lien have been paid.

(j) Compliance with the requirements of the deferral option shall constitute compliance with subdivision or short subdivision conditions pertaining to the timing of the impact fee payment.

(k) If deferred impact fees are not paid in accordance with terms authorized by state law and this section, the county may initiate foreclosure proceedings for the unpaid impact fees and all costs associated with the collection of the unpaid impact fees.

(l) A request to defer road system impact fees under this section may be combined in one application with a request to defer park and recreation impact fees under SCC 30.66A.020(4) and school impact fees under SCC 30.66C.200(2). (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 03-127 *see Code Reviser Note at beginning of Chapter, Nov. 5, 2003, Eff date Nov. 17, 2003; Amended by Ord. 10-085, Oct. 20, 2010, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-060, Aug. 24, 2016, Eff date Sept. 12, 2016).