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A. General Application. This chapter shall apply to all applications hereafter filed for a development which will add at least one new PM Peak Hour Trip to the area of an individual identified traffic improvement project.

B. Phased Development. A Phased Development is any development involving multiple buildings where issuance of building permits will occur for individual buildings. In determining general application of this chapter to a particular building or buildings in such a development, the city shall consider the generation of all traffic from buildings approved for construction within six years prior to the date upon which the consideration of applicability is determined except for that traffic to which this chapter has been previously applied.

C. Building Enlargement and Intensification of Use. In determining general application of this chapter to developments consisting of substantial intensification of use or additions to existing structures, the city shall consider the generation of all traffic from buildings constructed or enlarged and uses intensified within six years prior to the date upon which the consideration of applicability is determined. Mitigation shall not be required for trip impacts previously mitigated either under this ordinance or under the requirements in effect at the time of the previous development.

D. Reconstruction of Destroyed Buildings. If a building is destroyed by fire, explosion or act of God or war, and is reconstructed in accordance with city code, it will not be required to comply with this chapter unless the reconstructed building is anticipated to produce trips in excess of those produced by the destroyed building.

E. SEPA and other code requirements. This chapter establishes minimum standards which are to be applied to all developments in order to provide street capacity improvements to minimize traffic congestion on the streets and highways in the city. Nothing herein is intended to limit the further application of the State Environmental Policy Act to specific developments. Each development shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act and Chapter 14.24 LMC. Provided, however, a transportation mitigation fee shall not be required for a development when mitigation of the same off-site transportation impacts caused by the development is required by any other government agency. Further, nothing herein shall limit or modify requirements contained within this code, including the city’s Development Guidelines and Public Works Standards, relating to frontage improvements or improvements interior to the development.

F. Administration. The Site Plan Review Committee shall be responsible for the administration of this chapter. The information to be provided by applicants and the criteria for determining traffic generation and impact of development shall be in accordance with section 1G.040 of the city’s Development Guidelines and Public Works Standards, provided however, that in case of conflict between the terms of this chapter and the provisions of said section 1G.040, the provisions of this chapter shall prevail. (Ord. 1059 §2, 1997; Ord. 1033, 1996).