Lake Stevens City Zoning Code
CHAPTER 14
124 DEFERRED COLLECTION OF IMPACT FEES FOR RESIDENTIAL CONSTRUCTION
§ 14.124.010 Purpose.
Allow and maintain a system for the deferred collection of impact fees for single-family detached and attached residential construction pursuant to RCW 82.02.050.
(Ord. 970, Sec. 2, 2016)
§ 14.124.020 Process.
(a)
The applicant, as defined in this chapter, may request to defer the collection of the impact fee payment for single-family detached and attached residential construction, on forms provided by the City, subject to the following restrictions:
(1)
The impact fee must be paid in full at or before the time the City issues a certificate of occupancy, or equivalent certification;
(2)
The deferral term may not exceed 18 months from issuance of the building permit;
(3)
The amount of impact fees that may be deferred will be determined by the fees in effect at the time the applicant applies for a deferral;
(4)
Deferral of impact fees is limited to the first 20 single-family residential building permits, annually, per applicant;
(5)
Prior to receiving authorization to defer payment of impact fees, an applicant seeking a deferral must grant and record a lien against the property in favor of the City in the amount of the deferred impact fee. The lien shall include the legal description, the tax account number, the address of the property, must also be:
(i)
In a form approved by the City;
(ii)
Signed by all owners of the property, with all signatures acknowledged as required for a deed, and recorded in the county where the property is located;
(iii)
Binding on all successors in title after the recordation; and
(iv)
Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees;
(6)
The City may collect reasonable administrative fees from applicants seeking a deferral;
(7)
"Applicant" is defined to include an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant;
(8)
The City or the district on whose behalf the City is collecting the fee has the authority to institute foreclosure proceedings, in accordance with Chapter 61.12 RCW, if impact fees are not paid as required by this chapter.
(i)
Upon receipt of final payment of all deferred impact fees for a property, the City must execute a release of deferred impact fee lien for the property.
(ii)
The property owner at the time of the release, at his or her expense, is responsible for recording the lien release.
(iii)
The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of issuing a certificate of occupancy or equivalent certification.
(Ord. 970, Sec. 2, 2016)
