a. The amount of surface area requiring stormwater mitigation will be calculated based upon the proposed project as approved with a city public works permit.

b. An applicant cannot pay for or reserve mitigation capacity for future mitigation needs.

c. Available capacity in a regional stormwater facility shall be allocated on a first-come, first-served basis based on date of a completed public works permit application or date of approval of the program application, whichever date is later.

d. Each RSFSD charge shall be paid to the city at the time of public works permit issuance. Payment of the RSFSD charge does not exempt property from stormwater and surface water rates.

e. If for any reason within twelve months after approval of the program application (1) the applicant does not pay the RSFSD charge or (2) a public works permit is not issued for the proposed project as approved under the program application, then the approval of the program application will be deemed to lapse upon expiration of such twelve months and the mitigation capacity allocated under the lapsed program application approval will be released for allocation to others.

f. If a project is not constructed as approved under the program application within one year after issuance of the public works permit, the city may require that mitigation capacity be returned to the city, in which case the RSFSD charge attributable to the capacity so returned will be refunded without interest.

a. The proposed project must be considered a new development or redevelopment project;

b. Applications for participation in the program shall be submitted concurrently with a construction permit application. Application shall be on forms provided by the city;

c. The proposed project must be located in an area served by a regional stormwater facility as defined by the ordinance for that regional stormwater facility;

d. The proposed project must comply with all applicable portions of the stormwater management manual, the regional stormwater facilities plan, and any other requirements established by the director;

e. The applicant must provide all information requested by the city that is reasonably related to the program;

f. For a water quality regional facility, the level of treatment must be greater than what is required for the proposed project. For all types of regional stormwater facilities, an applicant must demonstrate that use of the regional stormwater facility meets the stormwater requirements in place at the time of program application.

g. A proposed project to remove existing stormwater facilities and instead use mitigation capacity in a regional stormwater facility may qualify for the program on a case-by-case basis if the circumstances so warrant as determined by the director. Use of mitigation capacity as a substitute for existing facilities is generally not preferred, even if capacity within the regional stormwater facility is available. All costs for removal of the existing stormwater facility shall be borne by the facility owner(s).

h. The property owner must execute a payment agreement with the city, in a form approved by the office of the city attorney. The benefited premises shall be designated in the payment agreement. The payment agreement and the covenants set forth therein shall, upon recording with the Snohomish County auditor, or successor, be deemed effective and credited to and considered as a benefit to the benefited premises running with the land; provided, that the city’s covenants shall not apply to additional future stormwater mitigation required for redevelopment or new development of any portion of the benefited premises. It shall be the responsibility of the applicant to timely record the payment agreement and submit a copy of the recorded agreement to the city. The city shall maintain a copy of the agreement in the city’s permanent records. The payment agreement need not be recorded for a project where the benefited premises is a right-of-way or other location as determined by the office of the city attorney as not applicable for recording; in such situations the payment agreement will be deemed effective on the effective date as established in the payment agreement.

i. The applicant and proposed project must satisfy any other program requirements established by the director.