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A. Construction, reconstruction, or remodeling of the following facilities shall be exempt from the payment of eighty percent of the park impact fees under this chapter in accordance with RCW 82.02.060(3) and shall be exempt, on a first-come, first-serve basis, from the additional twenty percent of the park impact fees under this chapter to the extent provided for in the annual budget of the city of Monroe in effect at the time of building permit application:

1. Low-income housing. “Low-income housing” is defined as follows: (a) low-income housing projects that are constructed by public housing agencies or private nonprofit housing developments; or (b) low-income residential units, rented or purchased, that are dedicated and constructed by private developers.

The granting of an exemption is subject to the recording of a covenant or recorded declaration of restrictions, acceptable to the city of Monroe, and compliant with RCW 82.02.060(3), precluding the use of the property for other than the exempt purpose; provided, that if the property is used for a nonexempt purpose, then the park impact fees then in effect shall be paid. The covenant or recorded declaration shall be an obligation that runs with the land, and shall be recorded against the title of the real property upon which such housing is located in the real property records of Snohomish County.

B. The following shall be exempt from the payment of park impact fees under this chapter:

1. Rebuilding or replacement of the following activities:

a. An existing legally established dwelling unit(s) where no additional dwelling unit(s) is created.

b. An existing legally established dwelling unit(s) where such replacement occurs within five years of the demolition or destruction of the existing structure.

c. An existing legally established dwelling unit(s) where a park impact fee for such unit has been previously paid pursuant to this chapter.

2. Alteration or expansion:

a. Of an existing building where no additional residential units are created and where the use is not changed; and/or

b. The construction of any accessory building or structures.

3. The construction or installation of any nonresidential manufactured building or structure. Any claim or exemption must be made no later than the time of application for a building permit or permit for manufactured home installation. Any claim not so made shall be deemed waived.

4. Condominium projects in which existing dwelling units are converted into condominium ownership where no new dwelling units are created.

5. Previous mitigation, where:

a. The development activity is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act (SEPA).

b. The impacts of the development activity have been mitigated pursuant to a condition of plat or PRD approval to pay fees, dedicate land or construct or improve school facilities, unless the condition of the plat or PRD approval provides otherwise; provided, that the condition of the plat or PRD approval predates the effective date of fee imposition as provided herein.

c. Any development activity for which school impacts have been mitigated pursuant to a voluntary agreement entered into with the affected school district and the city to pay fees, dedicate land or construct or improve school facilities, unless the terms of the voluntary agreement provide otherwise; provided, that the agreement predates the effective date of fee imposition as provided herein. (Ord. 005/2019 § 8)