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A. A multimodal transportation impact fee (TIF) shall be levied upon each development that produces one or more p.m. peak hour person trip(s).

1. The number of p.m. peak hour person trips generated by a development shall be calculated based upon an annual person trip rate schedule, which is derived from a combination of the latest version of the ITE Trip Generation Manual with vehicle-to-person trip factors derived using household travel survey and/or travel model input data.

2. The multimodal TIF rate shall be determined in a study based upon the distribution of p.m. peak hour person trips generated by future development throughout the city using the WCOG travel demand forecast model. The multimodal TIF will be calculated by the summation of future developments’ proportionate impact on multimodal transportation system improvement projects identified in the city’s adopted six-year TIP and CIP. The proportionate share factor for computing the cost of the multimodal transportation system improvements reasonably related to growth shall be based upon the ratio of future developments’ p.m. peak hour person trips to the p.m. peak hour capacity used by development of the multimodal transportation system facilities required to maintain the city’s adopted multimodal level of service standard in the comprehensive plan. Residential development multimodal TIFs shall be calculated on a per-unit basis whereas commercial and industrial development multimodal TIFs shall be calculated on a per-square-foot basis, as shown in Table 19.06.040(A), Multimodal TIF Rate Schedule.

3. In all cases, the amount of the multimodal TIF shall be that which is in effect at the time of application for building permit.

B. The multimodal TIF assessment for each project shall be based on the TIF rate in effect on the date of an application for building permit or tenant improvement. Payment of the multimodal TIF shall be made prior to issuance of a building permit or, if no building permit is required, prior to approval of the development by the city. Payment of the multimodal TIF for single-family detached and attached residential construction may also be deferred as allowed per Chapter 19.10 BMC.

1. The creation of an accessory dwelling unit within an existing single-family structure or detached accessory building that was designed and built for human habitation under valid city building permits shall be exempt from the payment of multimodal transportation impact fees; provided, that: (a) the area being converted to an ADU was constructed as of May 21, 2018, and (b) the scope of the work does not include conversion of a garage or a concurrent or subsequent floor area addition to the primary residence or accessory building. In such cases, the impact fee for the ADU shall be assessed with the aforementioned scope of work.

C. Trip reduction credits to a project’s multimodal TIF assessment are available if a proposed development can show a reduction in p.m. peak hour person trips generated. Said reduction could be the result of transportation demand management strategies, linked trips, or other incentives that reduce p.m. peak hour person trips. Proposals will be considered and the credit applied to the project if approved by the city.

1. Specific trip reduction credits are available in Table 19.06.040(B) for urban village development in close proximity to WTA transit. Auto-oriented commercial and drive-through developments are not eligible.

D. The multimodal TIF shall include a credit for the value of any dedication of land for right-of-way, improvement to, or new construction of any multimodal transportation system improvements provided by the developer to facilities that are identified in the six-year TIP and CIP and are required as a condition of the development.

E. Upon application by the owner, a partial exemption of not more than 80 percent of multimodal TIF, with no explicit requirement to pay the exempted portion of the fee from public funds, may be granted to a low-income housing development, as defined below:

1. The director of planning and community development, after consultation with the director of public works, may grant an exemption to a low-income housing project listed in an annual consolidated action plan approved by city council.

2. The city council may grant an exemption to a low-income housing project not included in an annual consolidated action plan.

3. The decision to grant, partially grant or deny an exemption shall be based on the public benefit of the specific project, the extent to which the applicant has sought other funding sources, the financial hardship to the project of paying the multimodal transportation impact fees, the impacts of the project on public facilities and services, and the consistency of the project with adopted city plans and policies relating to low-income housing.

4. An exemption granted under this subsection must be conditioned upon requiring the developer to record a covenant approved by the director of planning and community development that prohibits using the property for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and require that, if the property is converted to a use other than for low-income housing as defined in the covenant, the property owner must pay the applicable multimodal transportation impact fees in effect at the time of any conversion. Covenants required by this subsection must be recorded with the Whatcom County auditor.

5. “Low-income housing” means housing with a monthly housing expense that is no greater than 30 percent of 80 percent of the median family income adjusted for family size, for Bellingham, as reported by the United States Department of Housing and Urban Development. [Ord. 2018-12-029 § 4; Ord. 2018-11-022 § 4; Ord. 2016-08-031 § 3; Ord. 2015-07-029 § 2; Ord. 2011-01-003; Ord. 2009-04-021; Ord. 2006-11-106].