17.045.004 Imposition of transportation impact fees.
A. The approving authority is hereby authorized to impose transportation impact fees on new development according to the provisions of this chapter.
B. Transportation impact fees:
1. Shall only be imposed for system improvements that are reasonably related to the new development;
2. Shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development;
3. Shall be used for system improvements that will reasonably benefit the new development;
4. May be collected and spent only for system improvements which are addressed by a capital facilities plan element of the Imagine Bothell... Comprehensive Land Use Plan identifying:
a. Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time;
b. Additional demands placed on existing public facilities by new developments; and
c. Additional public facility improvements required to serve new development;
5. Should not be imposed to mitigate the same off-site transportation facility impacts that are mitigated pursuant to any other law;
6. Should not be collected for improvements to state transportation facilities outside the city boundaries unless the state requests such improvements and an agreement to collect such fees has been executed between the state/county and the city;
7. Shall not be collected for improvements to transportation facilities in other municipalities unless the affected municipality requests such improvement and an interlocal agreement has been executed between the city and the affected municipality for the collection of such fees;
8. Should not be collected for any development approved prior to the date of adoption of the ordinance codified in this chapter unless changes or modifications in the development requiring city approval are subsequently proposed which result in greater direct impacts on transportation facilities than were considered when the development was first approved; and
9. Shall be collected only once for each development, unless changes or modifications to the development are proposed which result in greater direct impacts on transportation facilities than were considered when the development was first approved.
C. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement, or new accessory building, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was required for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use; provided, that the prior use was in effect within three years of the most recent adopted date of this title.
D. For relocation of an existing land use to another location within the city, the impact fee shall be the applicable impact fee for the land use category of the relocated land use; provided, that should the building at the previous land use location be removed, then the impact fee shall be reduced by an amount equal to the current impact fee rate for the prior land use in the removed building. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1658 § 1, 1996).