21.03.040 Collection of Impact Fees:
A. Fire Impact Fees.
1. Applicability. The City shall collect impact fees, based on the rates in the City of Moses Lake Fee Schedule, from any applicant seeking development approval from the City for any development activity within the City, when such development activity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities.
2. Fire Impact Fee Basis and Amount. The maximum allowable fees shall be based on the fire Capital Facilities Plan and the rate study developed by the Department, approved by the Council, and adopted by the City as part of the capital facilities element of the City’s Comprehensive Plan and as a fire impact fee Rate Study. The rates to be charged are listed in the City of Moses Lake Fee Schedule.
B. Changes in Use or Tenancy. When an impact fee applies to a change of use permit, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. For the purposes of this provision, a change of use should be reviewed based on the land use category provided in the Rate Study that best captures the broader use of the property under development. Changes in use or tenancy, if consistent with the general character of the building or building aggregations (i.e., “industrial park,” or “specialty retail”) should not be considered a change in use that is subject to an impact fee. Further, minor changes in tenancies that are consistent with the general character of the included structure, building, or previous use should not be considered changes in use subject to an impact fee. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. Vacant buildings shall be assessed as if in the most recent legally established use as shown on a locally owned business license or development permit documents.
C. Mixed Use. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use, based on the applicable measurement in the impact fee rates in the City of Moses Lake Fee Schedule.
D. Timing of Assessment and Collection. Impact fees shall be determined at the time the complete application for a building permit or a permit for a change in use is submitted using the impact fees then in effect. A complete application shall be determined pursuant to Section 20.05.040. Impact fees shall be due and payable before the building permit or permit for a change of use is issued by the City. Except if otherwise exempt, the City shall not issue the required building permit unless or until the fire impact fees are paid.
E. Documentation of Credit Required. Fee payers allowed credits prior to the submittal of the complete building permit application or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter prepared by the Director, or Fire Department official setting forth the dollar amount of the credit allowed. Impact fees, as determined after the application of any credits, shall be collected from the fee payer no later than the time a building permit or permit for a change of use is issued. (Ord. 3037, 10/24/23)