19.20.080 Low-income housing exemption.
Pursuant to RCW 82.02.060, any fee payer intending to develop low-income housing projects developed or owned by public housing agencies, or private nonprofit housing fee payers, may request to be exempt from up to 80 percent of the impact fees imposed on the low-income housing units to be developed, subject to the following:
(1) The fee payer shall be responsible for providing documentation to the City that their project qualifies for a low-income housing impact fee exemption pursuant to this section.
(2) Any claim or request for a waiver under this section shall be made no later than the time of issuance of a building permit. If a building permit is not required for the development activity, the claim shall be made when the impact fees are tendered. Any claim not made when required by this section shall be deemed waived.
(3) The low-income housing exemption shall not apply to fire impact fees.
(4) Except for as provided otherwise in this title, the determination to grant or deny an exemption from impact fees under this section shall be in the sole discretion of the City Council after consideration in an open public meeting of the following criteria:
(a) Public benefit of the specific project;
(b) The hardship to the project of the impact fees;
(c) The impacts of the project; and
(d) Any other factors deemed relevant by the City Council.
(5) As a condition of receiving an exemption under this section, the owner shall execute and record in King County’s real property title records a City-drafted lien, covenant, or other contractual provision against the property that provides that the proposed housing unit or development will continue to be used for low-income housing and remain affordable to those households under the regulations of the U.S. Department of Housing and Urban Development.
(a) The term of this lien, covenant, or contractual provision shall be 10 years for individual owners and 15 years for private and private nonprofit applicants/builders.
(b) The lien, covenant, or other contractual provision shall run with the land and apply to subsequent owners and assigns.
(c) In the event that the housing unit(s) is no longer used for low-income housing during the term of the lien, covenant, or contractual provision, the owner shall be required to promptly pay to the City all impact fees owed for the property according to the current fee resolution at the time of payment. (Ord. 08-17 § 3 (Exh. B); Ord. 16-16 § 1 (Exh. A))