An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment until final inspection or 18 months from the date of original building permit issuance, whichever occurs first. Deferral of impact fees are considered under the following conditions:
A. An applicant for deferral must request the deferral no later than the time of application for a building permit.
B. To receive a deferral, an applicant must:
1. Submit a deferred impact fee application and acknowledgment form for each single-family attached or detached residence for which the applicant wishes to defer payment of the impact fees on a form to be provided by the city;
2. Pay the applicable administrative fee as established by resolution or ordinance of the city;
3. Grant and record at the applicant’s expense a deferred impact fee lien in a form approved by the city against the property in favor of the city in the amount of the deferred impact fee that:
a. Includes the legal description, tax account number, and address of the property;
b. Requires payment of the impact fees to the city prior to final inspection or 18 months from the date of original building permit issuance, whichever occurs first;
c. Is signed by all owners of the property, with all signatures acknowledged as required for a deed recorded in Snohomish County;
d. Binds all successors in title after the recordation; and
e. Is junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees.
4. The amount of impact fees deferred shall be determined by the fees in effect at the time the applicant applies for a deferral.
5. The city shall withhold final inspection until the impact fees have been paid in full. Upon receipt of final payment of impact fees deferred under this subsection, the city shall execute a release of deferred impact fee lien for each single-family attached or detached residence for which the impact fees have been received. The applicant, or property owner at the time of release, shall be responsible for recording the lien release at his or her expense.
6. The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of final inspection.
7. If impact fees are not paid in accordance with the provisions of this chapter and in accordance with the term provisions established herein, the city may institute foreclosure proceedings in accordance with RCW 61.12.
8. Each applicant for a single-family attached or detached residential construction permit, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals under this section for the first 20 single-family residential construction building permits. (Ord. 2313, 2016)