3.54.050 Exemptions.
A. Construction, reconstruction, or remodeling of the following facilities shall be exempt from the payment of eighty percent of the transportation 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 transportation 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 transportation 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. Except as provided below, the following shall be exempt from the payment of impact fees under this chapter:
1. Replacement of an existing single-family residential structure with a new single-family residential structure upon the same site or lot when such replacement occurs within five years of the demolition or destruction of the existing structure;
2. Replacement of an existing non-single-family residential structure with a new non-single-family residential structure of the same size or less and use at the same site or lot when (a) such replacement occurs within five years of the demolition or destruction of the existing structure and (b) the new non-single-family residential structure creates no obligation to pay impact fees as calculated under the change in use provision of MMC 3.54.130(D) as now or hereafter amended;
3. Condominium projects in which existing dwelling units are converted into condominium ownership where no new dwelling units are created; and
4. 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).
The city engineer is authorized to determine the applicability of any exemption to a particular development activity. All such determinations by the city engineer shall be in writing and shall be subject to appeal pursuant to MMC 3.54.080. (Ord. 005/2019 § 9)