A. “Applicant” means a person who applies for a building permit under the LMC and who is the owner of the subject property or the authorized agent of the property owner.

B. “Building permit” means an official document or certification which is issued by the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure.

C. “Capital facilities plan” means the capital facilities element of the city’s comprehensive plan adopted pursuant to Chapter 36.70A RCW and such plan as amended.

D. “City” means the city of Lynnwood.

E. “Council” means the city council of the city.

F. “Department” means the city’s department of public works.

G. “Development activity” means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for public facilities. “Development activity” does not include buildings or structures constructed by a regional transit authority.

H. “Development approval” means any written authorization from the city which authorizes the commencement of a development activity.

I. “Director” means the director of the department of public works of the city of Lynnwood or her/his designee.

J. “Encumber/encumbered” means to reserve, set aside, or otherwise earmark the TrIFs in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.

K. “Fee schedule” means the list of TrIF rates per land use category and per the two zoned service areas adopted by the council and as set forth by Chapter 3.104 LMC.

L. “Hearing examiner” means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 2.22 LMC.

M. “Independent fee calculation” means the street and road impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of a TrIF other than by the use of the rates listed in the fee schedule, or the calculations prepared by the director where none of the fee categories or fee amounts in the fee schedule accurately describe or capture the impacts of the development activity on public facilities.

N. “LMC” means the city of Lynnwood Municipal Code.

O. “P.M. peak hour trips” means the total vehicular trips entering and leaving a place of new development activity on the adjacent public streets or roads during the p.m. peak hour. The p.m. peak hour is the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. on weekdays.

P. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development activity and are necessary for the use and convenience of the occupants or users of the project and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement.

Q. “Public facilities,” for purposes of this chapter, means the following capital facilities owned or operated by the city or other governmental entities: public streets and roads.

R. “Rate study” means the “Rate Study for Transportation Impact Fees, City of Lynnwood” dated July 2010, associated Amendment No. 1 dated November 2010, and other studies relied upon by the city in establishing the TrIF methodology and fee schedule.

S. “RCW” means the Revised Code of Washington or, when followed or preceded by a numerical designation, a provision of the Revised Code of Washington.

T. “Square footage” means the square footage of the gross floor area of the development as defined in the LMC.

U. “Street” or “road” means a public right-of-way and all related appurtenances, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other thoroughfare. For purposes of this chapter, public streets and roads are collectively referred to as transportation facilities.

V. “System improvements” means public facilities that are included in the city of Lynnwood comprehensive plan transportation element 20-year list, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements.

W. “Transportation facilities” means public streets and roads and related appurtenances.

X. “Transportation impact fee (TrIF)” means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of granting development approval. “Transportation impact fee” does not include a building permit fee, administrative fee for collecting and handling TrIFs, appeal fee, or independent fee calculation review fee.

Y. “Transportation impact fee account(s)” means the account(s) established for the TrIFs that are collected. The account(s) shall be established pursuant to LMC 3.105.110, and shall comply with the requirements of RCW 82.02.070. (Ord. 2869 § 3, 2010; Ord. 2850 § 3, 2010)