3.93.050 Use of impact fees.
A. Impact fees:
1. Must be used for public facility improvements that will reasonably benefit the new development.
2. May not be imposed to make up for deficiencies in public facilities serving existing developments.
3. Must not be used for maintenance or operation of existing public facilities.
4. May be spent for improvements, including, but not limited to, facility planning, land acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to public facilities, and any other expenses which can be capitalized.
5. May also be used to recoup public facility improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements or incurred costs and provided the proposed impact fee otherwise meets the requirements of RCW 82.02.050 through 82.02.100.
B. In the event that bonds or similar debt instruments are or have been issued for the construction of public facility or system improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. Capital facilities plans using impact fees for the purpose of assisting in the provision of capital facilities of facility systems must clearly differentiate between funds used for new improvement and those funds used to correct existing deficiencies.
C. Impact fees must be expended or encumbered within the period identified in RCW 82.02.070, unless the City Council identifies in written findings extraordinary and compelling reason or reasons for holding the fees beyond the statutory period, after consultation with any affected district. (Ord. 3022 § 4 (Att. A), 2018)