A. The City shall collect impact fees, based on the fee schedule in Section 21.03.170, from any applicant seeking a building permit from the City. The City hereby establishes, as the service area for impact fees, the City of Moses Lake, including all property located within the corporate City limits and all property annexed into the City. The scope of the service area is hereby found to be reasonable and established based on sound planning and engineering principles, and consistent with RCW 82.02.060, as described in the rate study.

B. All impact fees shall be collected from the applicant prior to issuance of the building permit based on the land use categories in Section 21.03.170. Unless the use of an independent fee calculation has been approved by the Director, or unless a development agreement entered into pursuant to RCW 36.70B.170 provides otherwise, the fee shall be calculated based on the impact fee schedule in effect at the time a complete building permit application is filed.

C. The applicant shall submit all information requested by the Department for purposes of determining the impact fee rate pursuant to Section 21.03.050.

D. For mixed use buildings or developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable unit of measurement found on the Citywide fee schedule.

E. For building permits within new subdivisions approved under Title 17 (Subdivisions), a credit shall be applied for any dwelling unit that exists on the land within the subdivision prior to the subdivision if the dwelling unit is demolished. The credit shall apply to the first complete building permit application submitted to the City subsequent to demolition of the existing dwelling unit, unless otherwise allocated by the applicant of the subdivision as part of approval of the subdivision.

F. At the time of issuance of any single-family detached or attached residential building permit, the applicant may elect to have the impact fee payment deferred until the building permit is completed or eighteen (18) months after issuance of the building permits, whichever occurs first. The impact fee due and owing per subsection C of this section shall be paid prior to building permit final inspection, building permit final occupancy, or eighteen (18) months after the date of building permit issuance, whichever is applicable. Applicants electing to use this deferred impact fee process shall grant and record a deferred impact fee lien against the property pursuant to RCW 82.02.050 and pay an administration fee with each respective building permit prior to issuance of such building permit. Deferral applicants are limited to twenty (20) deferrals annually.

G. Applicants may request that a credit(s) for impact fees be awarded for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer, to facilities that are identified in the City’s Capital Facilities Plan and that are required by the City as a condition of approving the development.

H. Except as otherwise provided in this section, the City shall not issue any building permit unless and until the impact fee has been paid.

I. The payment of impact fees may be delayed through a development agreement approved by the City Council pursuant to Chapter 36.70B RCW, provided the following criteria are met: