A. The water system development charge imposed by MMC 13.04.025 shall be reduced by eighty percent for affordable housing located in the downtown commercial zoning district. For purposes of this section, “affordable housing” shall mean residential units: (1) that are occupied by renters having an annual household income of sixty percent or less of the Snohomish County area median income estimate for the Seattle-Bellevue, WA HUD Metro FMR Area as published by the Department of Housing and Urban Development, and (2) for which the monthly rental amount is no more than thirty percent of the household income.
B. As a condition of qualifying for the affordable housing reduction authorized by this section, the property owner shall record an instrument prepared by the city attorney, which shall contain the following content, in addition to any other provisions deemed necessary and appropriate by the public works director:
1. The amount of the water system development charge that would apply pursuant to MMC 13.04.025 without the affordable housing reduction authorized under this section.
2. The amount of the affordable housing reduction authorized by this section.
3. A restrictive covenant limiting the use of the underlying property to affordable housing.
4. A requirement that if the use of the underlying property is changed in a manner that no longer qualifies for the affordable housing reduction, the property owner shall immediately remit payment to the city of the difference between the amounts of subsections (B)(1) and (B)(2) of this section, respectively, together with interest calculated at twelve percent per annum, or the highest legally available amount, whichever is greater, beginning on the date of execution of the covenant.
5. A requirement that the covenant will run with the title of the property and bind future owners thereof.
6. A provision allowing for specific enforcement of the restrictive covenant required pursuant to subsection (B)(3) of this section until the payment required pursuant to subsection (B)(4) of this section has been remitted in full.
7. Appropriate provisions for jurisdiction, venue, governing law, and attorneys’ fees recoupment for the prevailing party in any litigation arising out of the covenant.
C. There is no requirement for the reduced portion of the water system development charge to be paid or otherwise reimbursed from public funds. (Ord. 006/2019 § 1)