19.51.100 Fair share for system improvements.
A. Two Components of Fair Share. This section specifies the mitigation for transportation system improvements, unless otherwise agreed by the city traffic engineer. The fair share shall consist of two components:
1. A fee for each peak hour trip calculated to provide a fair share, attributed to new development, of the cost of planned system improvements (see subsection (D) of this section for fee amount); plus
2. Responsibility for a fair share of cost of additional improvements, if any, to maintain acceptable levels of service as a result of the proposed project (see Table 2 and subsection (B) of this section for method of calculating the fair share).
When level of service “D” or better will be met at the horizon year with the project, the applicant shall not be required to pay a fair share contribution for additional transportation system improvements. This section does not duplicate, replace, or substitute for any local transportation improvements for which an applicant is responsible.
B. Fair Share Cost of Additional Improvements. Based on the actual traffic projected to be generated by a project onto the transportation system and the consequent need to make system improvements to maintain acceptable levels of service and address the impacts resulting from the project, the project’s fair share cost to the city for any transportation system improvements—in addition to the applicant’s fair share of planned system improvements—shall be determined by the following (inclusion of county, state, and/or other city facilities shall be required when the city traffic engineer deems it appropriate):
1. Where the need for transportation system improvements to mitigate a project’s impacts would not be required at the horizon year if the development were not constructed, the cost for the system improvements will be entirely borne by the project.
2. Where the need to provide transportation system improvements to mitigate a project’s impacts by the horizon year would be required regardless of the proposed project, but the project will increase the traffic and add to the need for improvements now or in the future, and:
a. The current level of service is “D” or better, the traffic impacts of the project will be considered mitigated by a contribution of a share of the costs for the improvements based on the project’s percentage of the total peak hour traffic trips at the horizon year on the facility to be improved less existing peak hour traffic volume; or
b. The current level of service is “E” or “F,” the traffic impacts of the project will be considered mitigated by a contribution of a share of the costs for the improvements based on the project’s percentage of the total peak hour traffic trips at the horizon year on the facility to be improved.
C. Generally, an applicant should expect to pay the fair share fee in accordance with the formula in this section along with any local improvements that may be needed. Further explanation on whether improvements or fees in fact address all or part of a project’s local and systemwide impacts can be found in EMC 19.51.080(G), 19.51.090(A) and (B) and 19.51.120, and associated definitions in EMC 19.51.180.
D. Traffic Mitigation Fee. The current traffic mitigation fee rate shall be calculated as follows and published in the city of Everett’s standards and specifications manual section on traffic impact analysis. The initial traffic mitigation fee at the implementation of the ordinance codified in this chapter shall be two thousand four hundred dollars per p.m. peak hour trip. Starting February 1st, 2021, the traffic mitigation fee shall be three thousand one hundred ninety-seven dollars per p.m. peak hour trip. Starting January 1st, 2022, the traffic mitigation fee shall be three thousand nine hundred ninety-four dollars per p.m. peak hour trip. This fee shall thereafter be adjusted annually on January 1st to account for inflation based on the official Federal Highway Administration (FHWA) National Highway Construction Cost Index (NHCCI), using 2022 as the base year.
Subsequent to the adoption of any updates to transportation element of the city of Everett’s comprehensive plan or at any other appropriate time a study may be undertaken to reevaluate the city of Everett’s traffic mitigation fee. (Ord. 3782-20 § 1, 2020; Ord. 3774-20 § 5(Z) (Exh. 3), 2020.)