Impact Mitigation Fee Credit
This application (PDF) is to be used when a developer is requesting a credit against impact mitigation fees. A submittal appointment is required.
For Public Works (PW) to accept the credit application, the application must be completely filled out and must be accompanied by as-built plans approved by Planning and Development Services (PDS) for the frontage improvements and any other plan sheets that have been approved by PDS that allows PW staff to verify the quantities and information shown on the application.
In the case of submitting an application for credit, the term “as-built plans approved by PDS for the frontage improvements” means that PDS has approved the construction of the improvements, deeding of right-of-way (if required) is complete, and all PDS needs to grant final approval of the as-builts is the posting of maintenance bonds or the approval of some other issue not related to the frontage improvements.
RCW 82.02.060(4) and SCC 30.66B.530 require the County to provide a credit against the impact fees imposed when a development has frontage along a road listed in the Transportation Needs Report (TNR) Appendix D Impact Fee Cost Basis (PDF) and, as a condition of development approval, is required to do either of the following:
- Deed or dedicate land for additional right-of-way, or
- Construct frontage improvements
The intent of the credit is to prevent a developer from paying twice for the same thing; once when paying the impact fee (which includes a portion of the cost of the deeded or dedicated right-of-way and construction of the frontage improvements), and again for the actual purchase of the land that will be deeded or dedicated as right-of-way and the construction of the frontage improvements.
The amount of the credit is based on the dollar values found in the TNR Appendix B Cost Estimating Model (PDF) that are used to calculate the amount of the impact fee and the amount of right-of-way needed and the extent of frontage improvements constructed. The amount of the credit is NOT based on the dollar amounts paid by a developer for the land or frontage improvements. Because the amount of impact fees due is based on the vehicle trip generation aspects of the development, i.e. lots, units, square footage, etc., and not the amount (or length) of frontage, the amount of the credit may be less than the impact fees due but in no case shall the credit exceed the impact fee amount (see Rule 4226.020).