Snohomish City Zoning Code
CHAPTER 14
295 Traffic Impact Fees and Mitigation
14.295.010 Purpose.
The purpose of this chapter is to: ensure public health, safety, and welfare by creating and sustaining efficient transportation facilities available to serve new development and existing traffic; implement the Comprehensive Plan in accordance with the Growth Management Act (GMA) and be consistent with the complete streets program to provide multi-modal transportation methods for all; analyze transportation impacts under the State Environmental Policy Act (SEPA), identify mitigation, and address adverse effects to the City and local transportation systems; and provide a method of fairly distributing the costs of transportation system improvements in accordance with the impacts resulting from development. (Ord. 2519, 2025)
14.295.020 Authority and Interpretation.
The authority to administer, implement, and interpret this chapter shall be vested in the Public Works Department and its Director (“Director”). The authority of the Director shall include the following items:
A. Develop and update the Transportation Master Program and Transportation Improvement Plan, based on and consistent with the Transportation Element of the Comprehensive Plan.
B. Establish and adopt administrative policies and procedures to implement the provisions of this chapter, including delegating responsibility for interpretation and application of administrative policies and procedures to divisions within Public Works.
C. Study transportation impacts of proposed private and public projects, including the following:
1. Identify mitigation measures or other alternatives that would avoid potentially significant adverse environmental impacts of proposed projects.
2. Address any adverse impacts of proposed projects to the transportation system and to local transportation networks.
D. Act as the review authority for waivers and deviations from the requirements of this chapter.
E. Interpret the requirements of this chapter on a case-by-case basis, consistent with the purpose set forth in SMC 14.295.010, and promulgate rules and regulations consistent with the terms of the purpose. (Ord. 2519, 2025)
14.295.030 Traffic Impact Fee Applicability.
This chapter shall apply to development projects that impact the transportation system and provides a method of fairly distributing the costs of transportation system improvements in accordance with the impacts resulting from proposed projects. Fees collected under this chapter are intended to mitigate impacts to the transportation system that are reasonably related to new development and may be collected and spent only for public facilities, traffic management, and traffic mitigation programs needed to accommodate new development.
A. Any application for approval of the following development types may be subject to the provisions of this chapter.
1. Subdivision.
2. Short subdivision.
3. Planned residential development (PRD).
4. Unit lot subdivision (ULS).
5. Site development plan.
6. Shoreline substantial development permit.
7. Conditional use permit (CUP).
8. Accessory dwelling unit (ADU).
9. Change of use.
10. Binding site plan (BSP).
11. Building permit.
12. Any permit or land use approval that will result in an increase in p.m. peak hour trips to the City transportation system, as determined by the Public Works Director.
B. Development projects identified in subsection A of this section are required to pay a traffic impact fee. The impact fee shall be calculated by the net new p.m. peak hour trips multiplied by the traffic impact fee rate. The impact fee rate shall be adopted by resolution and provided in the master fee schedule.
C. Detached and attached single-family residences, ADUs, and duplexes that do not require a traffic impact analysis generate one p.m. peak hour trip per unit. ADUs shall be charged impact fees pursuant to SMC 14.170.030(F). (Ord. 2519, 2025)
14.295.040 Traffic Impact Fee Administration.
A. Traffic impact fees shall be paid according to the following schedule, based on the type of development.
1. Unless deferred pursuant to subsection E of this section, no new building permit or new permit for any activity requiring payment of an impact fee pursuant to this chapter shall be issued until the traffic impact fee has been paid.
2. If there is no building permit associated with an application requiring traffic impact fee payment, then payment is due prior to occupancy.
B. Traffic impact fees do not vest with a complete application and shall be calculated according to the rate in effect at the time that the traffic impact fee is paid.
C. The traffic impact fees established in this section shall be adjusted annually, effective January 1st, in accordance with the Engineering News-Record City average cost indexes for the Seattle region as of the last quarter of the year preceding the adjustment, or three percent, whichever is lower.
D. All fees collected under this chapter shall be obligated or expended on public transportation improvements for commuting, including multimodal improvements.
E. The deferral of transportation fees shall be allowed only for single-family attached and detached development being constructed by an applicant having a contractor registration number or other unique identification number and in accordance with the following provisions.
1. The following definitions shall apply for the purposes of this subsection.
a. “Applicant” is consistent with the definition of RCW 82.02.050(3)(g), including an entity that controls, is controlled by, or is under common control with the applicant.
b. “Common control” means two or more entities controlled by the same person or entity.
c. “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.
2. An applicant wishing to defer payment of traffic impact fees for transportation system improvements shall:
a. Submit a signed and notarized deferred fee application and completed lien form concurrently with the building permit application for the building subject to the fee; and
b. Submit a certification that the applicant has requested no more than a total of 20 deferred traffic impact fee requests in the calendar year with the City; and
c. Pay a nonrefundable administrative fee of $300.00 for each unit or lot of a single development project for which the deferral of the fee is requested.
3. The lien shall:
a. Be in a form approved and provided by the City;
b. Be signed by all owners of the property, with all signatures acknowledged as required for a deed;
c. Include the legal description, property tax account number, and address for each unit or lot the lien will encumber;
d. Be binding and subordinate to all successors in title after the recording;
e. 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;
4. The lien shall be recorded by the applicant, at their own expense, and a conformed copy of the recorded document shall be provided to the City prior to issuance of the building permit that is subject to the traffic impact fee.
5. Each applicant eligible to defer traffic impact fees shall only be entitled to annually receive deferrals for up to a total of 20 building permits within the City.
6. The deferred traffic impact fee shall be paid in full prior to whichever of the following occurs first:
a. Issuance of a certificate of occupancy;
b. The closing of the first sale of the property occurring after the issuance of the applicable building permit for which the fees were deferred; or
c. Eighteen months from the date of building permit issuance.
7. If the building permit for which traffic impact fees were deferred is located within a subdivision, short subdivision, PRD, or ULS, the final plat or short plat document shall be recorded prior to recording the lien for fees and issuance of the building permit.
8. After the applicant has paid all deferred traffic impact fees, the applicant is responsible for submitting a lien release application to the City. The applicant, at their own expense, shall be responsible for recording lien releases.
9. Compliance with the requirements of the fee deferral option shall constitute compliance with land use approval conditions pertaining to the timing of the fee payment.
10. If deferred traffic impact fees are not paid in accordance with the terms authorized by state law and this section, the City may initiate foreclosure proceedings for the unpaid impact fees and all costs associated with the collection of the unpaid fees.
F. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. (Ord. 2519, 2025)
14.295.050 Traffic Impact Analysis.
The applicant shall submit a written traffic impact analysis (TIA) as part of the City’s project review process whenever a proposed development will generate three or more additional peak hour trips, or if deemed necessary by the Director. The traffic impact analysis shall be paid for by the applicant and shall be prepared by a licensed professional engineer with membership in the Institute of Transportation Engineers (ITE) or is acceptable to the Director.
A. Applications for development shall be required to provide a TIA according to the thresholds in Table 1 below.
Table 1. Requirements to Prepare a Traffic Impact Analysis
P.M. Peak Hour Trips Generated By The Development | TIA Required | TIA Scope |
|---|---|---|
Fewer than three < 3 | No | No TIA required |
Three to 10 3 – 10 | Yes; unless waived | Trip generation and distribution with figures |
Eleven to 25 11 – 25 | Yes | Trip generation and distribution with figures; Existing level of service (LOS) analysis |
Greater than 26 26+ | Yes | Trip generation and distribution with figures; Existing and six-year forecast LOS analysis |
B. The study area is not limited to Snohomish City limits, but includes the county, state, and City roadways. For projects that have region-wide traffic impacts, the Director or City Engineer may limit the scope of the study area during the pre-application phase. Region-wide impacts will be determined on a case-by-case basis in consultation with the county, state, tribal, and other appropriate jurisdictions. (Ord. 2519, 2025)
14.295.060 Concurrency.
A. Determinations. The Director or City Engineer shall issue a concurrency determination for each development application to ensure that the development will not cause a decrease in the adopted LOS. No concurrency determination shall be required for developments that will generate fewer than three p.m. peak hour trips.
B. Concurrent with Development. If improvements are programmed and construction funding identified within the capital improvement program (CIP) that would remedy the deficiency within six years of the development, the application may be determined concurrent.
C. Conditional Concurrency. A development may be determined concurrent as a condition of application approval if the following apply:
1. Fewer than three p.m. peak hour trips impact any intersection(s) with a substandard LOS or inadequate street condition(s) as determined by the Director;
2. Applicable interlocal agreements (ILAs) are in place that will mitigate substandard or inadequate conditions; and
3. Meet the requirements of Table 2 below.
Table 2. Concurrency Requirements
P.M. Peak Hour Trips Generated By The Development | Level-of-Service |
|---|---|
Eleven to 25 11 – 25 | No reduction in adopted LOS |
Greater than 26 26+ | No reduction to adopted LOS within six-year forecast |
D. Revisions to Achieve Concurrency. Any development not deemed concurrent shall have options available to alter the proposal to achieve concurrency as follows:
1. Modify its proposal to reduce its impact on the street system.
2. Design and construct off-site improvements that will improve conditions.
3. Defer phases and/or building permits to correspond with the City’s capital improvement program.
4. Correct the inadequate road condition(s).
5. City capital improvement projects pursuant to subsection B of this section.
E. Level of Service. The adopted level of service standards shall be per the transportation element of the Comprehensive Plan.
1. Vehicle LOS standard for roadways and intersections: LOS E.
2. The pedestrian LOS standard is based on the presence of pedestrian facilities: LOS green.
3. Bicycle LOS standard is based on the presence of facilities on designated bicycle corridors: LOS green.
4. The transportation element may designate intersections that are exempt from the level-of-service standard set forth in this subsection.
F. Expiration. Concurrency determinations shall expire six years after the date of determination, upon application withdrawal, or expiration of application, whichever occurs first.
1. Site development applications shall have associated building permits issued prior to expiration of the concurrency determination.
2. Land division applications such as subdivisions shall have their final plat recorded prior to expiration of the concurrency determination.
G. Modifications. Any change to an application or development that increases traffic impacts after a concurrency determination has been issued shall be resubmitted to the City Engineer, and the development will be reevaluated for concurrency purposes. Significant changes include increases in trip generation, changes in access, and changes of use.
H. Cumulative Impacts. Properties whose boundaries or legal descriptions were affected by a recorded boundary line adjustment (BLA) or BSP within six years of the date of submitting a land use application for development may be evaluated for the cumulative transportation impacts of all lots associated with the BLA or BSP. (Ord. 2519, 2025)
14.295.070 Mitigation.
The Director or City Engineer shall only recommend approval of a development if adequate provisions for transportation impacts of the development are made with respect to transportation improvements to mitigate the project’s likely transportation impacts as provided in the City’s development regulations, SEPA, and this chapter.
A. Street System Capacity. Constructing off-site improvements which offset the traffic impact of the development.
B. Proportionate Share of Planned Improvements. Paying the development’s share of the cost of the future capacity improvements via the impact fee.
C. Concurrency. Improvements required to maintain level of service standards according to SMC 14.295.060.
D. Inadequate Street Conditions. Constructing off-site improvements or altering the development proposal to remedy or avoiding impact to an inadequate street condition.
E. Local Frontage Improvements. All development except construction of ADUs will be required to make frontage improvements in accordance with City engineering standards along all opened, maintained public right-of-way.
F. Access and Transportation System Circulation. All developments shall provide for access and circulation provisions, including off-site road connections, provisions for emergency vehicles, queuing, and channelization. Any such provisions shall be in accordance with the Comprehensive Plan, complete streets program, transportation master plan, and engineering standards.
G. Dedication or Deeding of Right-of-Way. All developments shall deed or dedicate property as a condition of approval for current or future public improvements as identified in the Comprehensive Plan and capital improvement program (CIP), for future extension of utilities and/or streets, and/or public operations.
H. Impacts to State and County Transportation Systems. The development may be required to meet provisions and/or conditions of applicable interlocal agreements.
I. Any other elements required by the Director or City Engineer to adequately mitigate traffic impacts from the project. (Ord. 2519, 2025)
14.295.080 Credits, Waivers, and Deviations.
A. Credits. Construction of off-site improvements to mitigate substandard level of service (LOS) intersection(s) and/or any inadequate street condition(s) identified in the capital improvement program (CIP), as well as any off-site land, right-of-way acquisition, and frontage improvements to streets identified in the CIP, may be credited against the traffic impact fee, upon approval of the Director. Where proposed or required, the amount credited against impact fees will be the actual costs to construct the improvements and/or mitigation as documented by the applicant.
B. Waivers. Requests to waive TIA, concurrency, and/or mitigation requirements within this chapter shall be submitted in writing for Director or City Engineer approval. To be considered, requests shall include all appropriate justification and associated documentation supporting the requested waiver.
C. Deviations. Deviations from the provisions of this chapter or associated engineering standards shall be submitted in writing prior to issuance of land use approval for the project for Director or City Engineer approval. Requested deviations shall be signed and stamped by a professional engineer. (Ord. 2519, 2025)
14.295.090 Refunds.
A. The City shall provide for the refund of fees according to the requirements of this section and RCW 82.02.080.
B. If development approval expires without commencement of construction, then the developer shall be entitled to a refund of the impact fee paid as a condition for its issuance except that the City of Snohomish shall retain six percent of the fee to offset a portion of the costs of collection and refund. The developer must submit an application for such a refund to the Finance Director within 30 days of the expiration of the permit.
C. The fees collected pursuant to this chapter shall be obligated or expended in all cases within 10 years of collection, unless documented extraordinary circumstances cause the fees to be held longer.
D. Any funds not expended or encumbered by the end of the calendar quarter immediately following 10 years from the date the traffic impact fee was paid shall, upon application by the current landowner, be returned to such landowner, with interest; provided, that the landowner submits an application for a refund to the City of Snohomish within one year of the expiration of the 10-year period.
E. Any impact fees that are not expended or encumbered by the City in conformance with the capital improvement program within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section.
F. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the City on invested funds throughout the period during which the fees were retained.
G. If the City seeks to terminate traffic impact fee requirements of this chapter, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this section. Upon a determination to terminate such impact fee requirements, the City shall publish a notice of such termination and the availability of refunds in the City’s newspaper of circulation at least two times and shall notify all potential claimants by first-class mail to the last known address of claimants. A request for a refund must be submitted to the City Council in writing within one year of the date that the notice is given. Any impact fees for which no application for refund has been made within the one-year period shall be retained and expended on the indicated capital facilities. No notice shall be required if there are no unexpended or unencumbered balances within the account at the time of termination. (Ord. 2519, 2025)
14.295.100 Appeals.
Determinations made by City staff with regard to traffic impact fees and this chapter related to development activity, or administrative interpretations and administrative approvals, may be appealed to the Hearing Examiner pursuant to this section. An appeal shall be filed within 14 calendar days of payment of the impact fees under protest or within 14 calendar days of the City’s issuance of a written determination by filing with the City Clerk a notice of appeal giving the reasons for the appeal and paying the accompanying appeal fee as set forth in the master fee schedule for land use decisions. Appeals for traffic impact fees imposed on any development activity may only be submitted by the fee payer of the property where such development activity will occur. No appeal may be filed unless and until the impact fee at issue has been paid. (Ord. 2519, 2025)
14.295.110 Authority Unimpaired.
Nothing in this chapter shall preclude the City from requiring the fee payer to mitigate adverse environmental effects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C and/or 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. (Ord. 2519, 2025)