§ 15.22.145. Affordability reduction or waiver.

Notwithstanding Section 15.20.130 of this chapter, the city manager or designee shall administratively reduce or waive an impact fee for a service unit if the service unit once constructed, qualifies as affordable housing under 42 U.S.C. Section 12745, as amended. In addition to meeting the requirements of 42 U.S.C. Section 12745, the waiver or reduction must comply with the city's adopted fee waiver program established under the provisions of this section and will be subject to an affordability period established by the city and enforced by agreement, restrictive covenant, lien, or other binding obligation, as approved by the city attorney. However, if affordable housing as defined by 42 U.S.C. Section 12745, is not constructed, the city may reverse its decision to waive or reduce the impact fee, and may assess and collect an impact fee at any time during the development approval or building process or after the building process if an impact fee was not already assessed.