A. A person required to pay an impact fee for system improvements under this chapter shall not be required to pay a fee under RCW 43.21C.060, TMO, or any other development regulation for those same system improvements.

B. The city traffic engineer shall take into consideration and give fair credit for an applicant’s contribution to transportation system improvements for facilities identified in the capital facilities plan that address some or all of a proposed project’s approval related to the proposed project. The city traffic engineer shall also take into consideration and give fair credit for the contributions made by the subject property owner or his/her predecessor(s) in interest under any transportation funding device, such as a local improvement district (LID), transportation benefit district (TBD), development agreement, or similar mechanism. Any claim for credit made later than the time of application for a building permit shall be deemed to be waived.

C. The prohibition on duplication limits the city from requiring an applicant to pay more than once for a transportation improvement to address the same environmental impact. It is not a duplicative requirement for an applicant to pay an impact fee for system improvements and to pay for or install transportation improvements that are otherwise authorized by law, provided these different mitigation obligations do not address the same, specific environmental impact resulting from the project.

D. Agreements may provide for credit for future improvements if the city and applicant agree that the applicant is implementing transportation improvements beyond those required under this chapter. (Ord. 3774-20 § 5(Y) (Exh. 3), 2020.)