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B. Each development shall mitigate its impacts on the City's fire protection facilities <br />by payment of a fee that is based on the type of land use and square footage of the <br />development, and proportionate to the cost of the fire protection facility improvements <br />necessary to serve the needs of growth. For residential development, fee amount is <br />based on number of units; for commercial development, fee amount is based on square <br />footage of the development. <br />C. Applications for a change of use shall receive credit based on the existing use. <br />This credit is calculated by deducting the fee amount of the existing use from the fee of <br />the proposed use. <br />Section 11. TMC Section 16.26.080, "Annual Fire Impact Fee Updates," is hereby <br />established to read as follows: <br />16.26.080 Annual Fire Impact Fee Updates <br />Fire impact fee rates shall be updated annually using the following procedures: <br />1. The Fire Chief shall use the Construction Cost Index for Seattle (June -June) <br />published by the Engineering News Record to calculate annual inflation adjustments in <br />the impact fee rates. The fire impact fees shall not be adjusted for inflation should the <br />index remain unchanged. <br />2. The impact fee rates, as updated annually per TMC Section 16.26.080(1), <br />shall be effective January 1, 2019, and on January 1 of each year thereafter, and a copy <br />shall be provided to the City Council. <br />Section 12. TMC Section 16.26.090 is hereby reenacted to read as follows: <br />16.26.988090 Individual Project Fire Impact Fee Adjustments <br />A. The City may adjust a fire impact fee at the time the fee is imposed in order to <br />consider unusual circumstances in specific cases to ensure that impact fees are imposed <br />fairly. <br />B. In calculating the fee imposed on a particular development, the City shall permit <br />consideration of studies and data submitted by a developer in order to adjust the amount <br />of the fee. The developer shall submit an independent fee calculation study to the Fire <br />Chief who shall review the study to determine that the study: <br />1. Is based on accepted impact fee assessment practices and methodologies; <br />2. Uses acceptable data sources and the data used is comparable with the <br />uses and intensities planned for the proposed development activity; <br />3. Complies with the applicable state laws governing impact fees; <br />4. Is prepared and documented by professionals who are mutually agreeable <br />to the City and the developer and who are qualified in their respective fields; and <br />5. Shows the basis upon which the independent fee calculation was made. <br />W: Word Processing\Ordinances\Fire Impact Fees -TMC 16.26 re-enacted strike-thru 11-6-17 <br />PM:bjs <br />10 <br />Page 6 of 12 <br />