A. This chapter shall be liberally construed to achieve the purposes set forth in EMC 19.51.010.

B. Compilation and Update. This chapter is a compilation of and replaced existing previously adopted traffic mitigation ordinances (Ordinance Nos. 1670-89, 1773-90, 1754-90, 1781-91, 2425-99, 2496-00 and related ordinances that extended these ordinances). The ordinance codified in this chapter repeals and supersedes prior ordinances and updates them in order to be consistent with and implement the city’s comprehensive plan, as well as the improved permit processing requirements, and maintains standards governing use of the environment substantially similar to those in existing plans and laws. Section 19 of Ordinance 3387-14 repeals the previous interim traffic mitigation ordinances.

C. Savings. Except as specifically provided in EMC 19.51.150, the enactment of this chapter shall not affect any case, proceeding, appeal, or other matter in any court of law before the city or in any way modify any obligation, right or liability, civil or criminal, which may be in existence on the effective date of the ordinance codified in this chapter or as may exist by virtue of any of the ordinances herein superseded or repealed.

D. Third Party Liability. This chapter is intended to provide for and promote the health, safety and welfare of the general public, and is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the applicant.

It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents.

E. Interpretation. The city traffic engineer may interpret the requirements of this chapter on a case-by-case basis, consistent with the purposes set forth in EMC 19.51.010. The city engineer and responsible official are authorized to promulgate rules and regulations consistent with the terms of this policy.

F. In the event that transportation impact fee or other mitigation programs are otherwise adopted by the city council under other authorization and requirements such as Chapter 36.73 or 39.92 RCW or the Growth Management Act, Chapters 36.70A and 36.70B RCW et seq., mitigation of the traffic and transportation impacts within the scope of those programs will be required under those programs and shall supersede this chapter. The incorporation by reference and supplementation of certain definitions from RCW 82.02.090 in this chapter shall not be construed as the adoption of an impact fee program under the Growth Management Act. Avoidance of duplication between the requirements of this chapter and those programs shall be governed by RCW 82.02.100 and 43.19.21C.065 and EMC 19.51.120. (Ord. 3774-20 § 5(Z) (Exh. 3), 2020.)