Chapter 15.64
IMPACT FEES FOR SCHOOL FACILITIES
Sections:
15.64.010 Findings and authority.
15.64.030 Finding of adequacy.
15.64.040 Assessment of impact fees.
15.64.130 School impact fees and administrative fees.
15.64.150 Independent fee calculations.
15.64.160 Existing authority unimpaired.
15.64.010 Findings and authority.
The city council of the city (the “Council”) finds and determines that new growth and development in the city will create additional demand and need for school facilities in the city, and the council finds that new growth and development should pay a proportionate share of the costs associated with growth and development. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess impact fees for school facilities. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. (Ord. 1315-98 § 1, 1998)
15.64.020 Definitions.
The following definitions shall apply for purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined in this section shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.
“Act” means the Growth Management Act, Chapter 17, Laws of 1990, 1st Ex. Sess., RCW 36.70A et seq., and Chapter 32, Laws of 1991, 1st Sp. Sess., as now in existence or as hereafter amended.
“Boundary line adjustment” shall have the same meaning as set forth in Chapter 16.04 of the Sedro-Woolley Municipal Code.
“Building permit” means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. For purposes of this chapter, “building permit” also includes a mobile home permit.
“Capital facilities” means the facilities or improvements included in a capital budget.
“Capital facilities plan” or the “plan” means the capital facilities plan adopted by the board of directors of Sedro-Woolley School District No. 101.
“City” means the city of Sedro-Woolley.
“Council” means the city council of the city of Sedro-Woolley.
“County” means Skagit County.
“Department” means the city of Sedro-Woolley planning department.
“Development activity” means any construction or expansion of a residential building or structure, or the siting of a mobile home, or any change in use of a residential building or structure or mobile home, or any change in use of land that creates additional demand and need for school facilities.
“Development approval” means any written authorization from the city of Sedro-Woolley, other than a building permit, which authorizes the commencement of a development activity, including but not limited to, plat approval, PUD approval, binding site plan approval, mobile home park approval, boundary line adjustment and a conditional use permit.
“Director” means the director of the city of Sedro-Woolley planning department.
“District No. 101” or the “district” means the Sedro-Woolley School District No. 101, Skagit County, Washington.
“Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.
“Fee payer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional school facilities, and which requires development approval and/or the issuance of a building permit. “Fee payer” includes an applicant for an impact fee credit.
“Impact fee” means a payment of money imposed by the city of Sedro-Woolley on development activity pursuant to this chapter as a condition of granting development approval and/or a building permit in order to pay for school facilities needed to serve new growth and development. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collection and handling school impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal pursuant to Section 15.64.080 of this chapter.
“Impact fee account” or “account” means a payment of money imposed by city on development activity pursuant to this chapter as a condition of granting development approval and/or a building permit in order to pay for the planned facilities needed to serve new growth and development activity. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal pursuant to Section 15.64.080 of this chapter.
“Independent fee calculation” means the impact calculation, and/or economic documentation prepared by a fee payer, to support the assessment of an impact fee other than by the use of the schedules attached as Appendix A to this chapter, or the calculations prepared by the responsible official or city engineer where none of the impact fee categories or impact fee amounts in Appendix A accurately describe or capture the impacts of the development activity on public school facilities.
“Interest” means the average interest rate earned by District No. 101 in the last fiscal year, if not otherwise defined.
“Interlocal agreement” or “agreement” means the school interlocal agreement by and between the city of Sedro-Woolley and District No. 101 as authorized in Section 15.64.090.
“Mobile home park” shall have the same meaning as set forth in Chapter 17.48 of the Sedro-Woolley Municipal Code.
“Owner” means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided that, if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.
“Planned unit development” or “PUD” shall have the same meaning as set forth in Chapter 17.43 of the Sedro-Woolley Municipal Code.
“Responsible official” means the person to be designated by the mayor to perform the duties delegated to the responsible official in this chapter.
“School facilities” means facilities owned or operated by District No. 101, or the facilities or improvements included in the district’s capital budget and/or capital facilities plan.
“Standard of service” means the quantity and quality of service which the city council or Sedro-Woolley School District No. 101 have determined to be appropriate and desirable for the city.
“State” means the state of Washington.
“Voluntary agreement” means an agreement between a developer and District No. 101 as authorized by RCW 82.02.020. (Ord. 1425-02 § 1, 2002: Ord. 1315-98 § 2, 1998)
15.64.030 Finding of adequacy.
A. Prior to approving proposed plats, planned unit developments or binding site plans, or granting other development approvals, the council or administrative personnel, as appropriate, shall make written findings that appropriate provisions are made for planned facilities. Findings of adequacy shall be based on the city’s standard of service.
B. Compliance with this requirement shall be sufficient to satisfy the requirements to RCW 58.17.110, RCW 58.17.060 and the Act. The findings shall be made at the time of preliminary plat, PUD, binding site plan or other development approval.
C. The city shall not approve applications for preliminary plats, PUDs or binding site plans, or grant other development approvals, unless the city is able to make the findings of adequacy; provided that, if the fee payer opts to dedicate land, to provide improvements, and/or construction consistent with the requirements of Section 15.64.060 of this chapter governing credits, where appropriate, the city may make such findings.
D. If any party for any reason is able to exempt itself from the operation of this chapter, the city reserves the right to review its land use plan in conjunction with its capital facilities plan in order to ensure adequacy. In the event that the impact fees that might have been paid would have been an integral part of the financing to ensure adequacy, the city reserves the right to deny approval for the development on these grounds. (Ord. 1315-98 § 3, 1998)
15.64.040 Assessment of impact fees.
A. The city shall collect impact fees, based on the schedules in Appendix A, from any applicant seeking a building permit from the city. This shall include, but is not limited to, a building permit for a residential structure, and may include the expansion of existing uses which creates a demand for additional school facilities.
B. Applicants seeking the issuance of a building permit from the city for development activity where the property is located outside the boundaries of District No. 101 shall not be required to pay the school impact fee set forth in the impact fee schedule in Appendix A.
C. The total amount of the impact fee shall be assessed and collected from the fee payer when the building permit is issued, for each unit in the project, using the impact fee schedule then in effect.
Exception: For complete building permit applications, at the time of issuance of any single-family residential building permit for a dwelling unit that is being constructed for resale, the applicant/owner may elect to record a covenant, in a form to be approved by the city attorney, against the property that requires payment of the impact fees due and owed in accordance with this chapter and any other applicable sections of the Sedro-Woolley Municipal Code, by providing for full payment through escrow of the fees due and owed to be paid at the time of closing of sale of the lot or unit; but in no case shall the structure be occupied prior to payment of impact fees. The awarding of credits shall not alter the applicability of this section.
It is the intention of this chapter that fees shall generally be due at time of issuance of building permits, rather than at time of subdivision or construction of unoccupied infrastructure not generating immediate impacts. However, if no building permit will be required of a project, then the impact fee may be assessed for any other development activity permit or development approval generating an impact for which the fee is required. The fee paid shall be the amount in effect as of the date the permit application or approval is deemed completed and vested.
D. Except as provided due to exemptions or credits provided pursuant to Section 15.64.050 or 15.64.060, or pursuant to an independent fee calculation accepted by the director pursuant to Section 15.64.150, or fees imposed by the director pursuant to Section 15.64.150, the city shall not issue the required building permit(s) unless and until the impact fees set forth in the schedule in Appendix A to this chapter have been paid. (Ord. 1925-19 § 1, 2019: Ord. 1315-98 § 4, 1998)
15.64.050 Exemptions.
A. The following shall be exempted from the payment of all impact fees:
1. Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained and the necessary covenants or declarations of restrictions, approved by District No. 101, are recorded on the property;
2. Replacement of a residential structure or mobile home with a new structure or mobile home of the same size and use at the same site or lot when such replacement occurs within twelve months of the demolition or destruction of the prior structure or the removal of the mobile home;
3. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing unit where no additional units are created and the use is not changed;
4. The construction of accessory residential structures that will not create significant impacts on planned facilities;
5. Miscellaneous improvements, including but not limited to fences, walls, swimming pools and signs;
6. Demolition or moving of a structure.
B. Except as otherwise provided pursuant to the terms of a voluntary agreement entered into between District No. 101 and a developer, the payment of fees, the dedication of land, or the construction of a school facility by the developer pursuant to the terms of a voluntary agreement entered into between District No. 101 and a developer prior to the effective date of the ordinance codified in this chapter shall be deemed to be complete mitigation for the impacts of the specific development on District No. 101. The units in the identified development shall be exempt from the payment of school impact fees for District No. 101. The developer shall provide to the director documentation demonstrating compliance with the terms of the voluntary agreement.
C. Except as otherwise provided pursuant to the terms of a plat condition or a SEPA mitigation condition imposed prior to the effective date of this chapter, the payment of fees, the dedication of land, or the construction of a school facility by the developer pursuant to the terms of a plat condition or a SEPA mitigation condition imposed prior to the effective date of this chapter shall be deemed to be complete mitigation for the impacts of the specific development on District No. 101. The units in the identified development shall be exempt from the payment of school impact fees for District No. 101. The developer shall provide to the director documentation demonstrating compliance with the terms of the plat condition or SEPA mitigation condition.
D. The responsible official shall be authorized to determine, after consultation with the district, whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the responsible official shall be in writing and shall be subject to the appeals procedures set forth in Section 15.64.080 below. (Ord. 1425-02 § 2, 2002: Ord. 1315-98 § 5, 1998)
15.64.060 Credits.
A. After the effective date of this chapter, developer site dedications, construction of school facilities, or improvements to school facilities shall be governed by this section. The fee payer shall direct the request for a credit or credits to the responsible official who shall forward the request to District No. 101. The district shall first determine the general suitability of the land, improvements, and/or construction for district purposes. The district shall then determine whether the land, improvements, and/or the facility constructed are included within the district’s adopted capital facilities plan or the board of directors for District No. 101 may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the district’s capital facilities plan. The district shall forward its determination to the director, including cases where the district determines that the dedicated land, improvements, and/or construction are not suitable for district purposes. The director shall adopt the determination of District No. 101, and shall inform the applicant, in writing, of the adoption of the district’s determination.
B. For each request for credit, once District No. 101 has determined that the land, improvements, and/or construction would be suitable for district purposes, District No. 101 shall select an appraiser. The appraiser shall be directed to determine for the district the value of the dedicated land, improvements or construction provided by the fee payer on a case-by-case basis.
C. The fee payer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the director may be providing to the fee payer, in the event that a credit is awarded.
D. After receiving the appraisal and after consultation with District No. 101, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within sixty calendar days shall nullify the credit.
E. Any claim for credit must be made no later than twenty calendar days after the submission of an application for a building permit.
F. For each request for a credit for significant past tax payments made for particular school system improvements, the fee payer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular school system improvements.
G. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in Section 15.64.080 below. (Ord. 1425-02 § 3, 2002: Ord. 1315-98 § 6, 1998)
15.64.070 Tax adjustments.
Pursuant to and consistent with the requirements of RCW 82.02.060, the capital facilities plan has provided adjustments for future taxes to be paid by the developer which are earmarked or proratable to the planned facilities which will serve the development activity. The impact fee schedules in Appendix A have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund particular school system improvements. (Ord. 1315-98 § 7, 1998)
15.64.080 Appeals.
A. Any fee payer may pay the impact fees imposed by this chapter under protest in order to obtain the development approval and/or a building permit. Appeals regarding the impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur. No appeals shall be permitted unless and until the impact fees at issue have been paid. SWMC Chapter 2.90 shall govern the appeal process, to the extent applicable.
B. The responsible official’s determinations with respect to the applicability of the impact fees to a given development approval and/or building permit, the availability of an exemption, the availability or value of a credit, or the responsible official’s decision concerning the independent fee calculation which is authorized in Section 15.64.150, or the impact fees imposed by the responsible official pursuant to Section 15.64.150, or any other determination which the responsible official is authorized to make pursuant to this chapter, can be appealed to the hearing examiner.
C. If the director makes a determination on an adjustment, credit, exemption or independent fee calculation contrary to or inconsistent with the determination or analysis prepared by District No. 101, the district may appeal the responsible official’s determination to the hearing examiner.
D. Appeals shall be taken within fourteen working days of the responsible official’s issuance of a written determination by filing with the hearing examiner a notice of appeal specifying the grounds thereof, and depositing an administrative fee in the amount of three hundred dollars. The responsible official shall transmit to the hearing examiner all papers constituting the record for the determination, including where appropriate, the independent fee calculation.
E. The responsible official shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same. At the hearing, any party may appear in person or by agent or attorney. If the matter which is the subject of the appeal requires development approval which also requires a hearing before the hearing examiner, both the appeal and the development approval hearing may be combined in a single hearing.
F. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in this section.
G. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the responsible official with respect to the amount of the impact fees imposed or the credit awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the responsible official by this chapter.
H. District No. 101 or any fee payer who believes that the decision of the hearing examiner is based on erroneous procedures, errors of law or fact, error in judgment, or has discovered new evidence which could not be reasonably available at the prior hearing, may make a written request for reconsideration by the hearing examiner within fourteen working days of the date the decision is rendered. Such fee payer is the appellant for the purposes of this section. This request shall set forth the specific errors or new information relied upon by such appellant, and the planning commission may, after review of the record, take further action as it deems proper.
I. The filing of a request for reconsideration shall effectively stay the appeal period until the hearing examiner takes further action.
J. Where the hearing examiner determines that there is a flaw in the impact fee program or that a specific exemption or credit should be awarded on a consistent basis or that the principles of fairness require amendments to this chapter, the hearing examiner may advise the city council as to any question or questions that the hearing examiner believes should be reviewed as part of the council’s annual or other periodic review of the impact fee schedules as mandated by Section 15.64.120.
K. District No. 101 or any fee payer aggrieved by any decision of the hearing examiner may submit an appeal of the decision in writing to the city council within fourteen working days from the date the decision of the hearing examiner is rendered, requesting a review of such decision. Such appeals shall be upon the record, established and made at the hearing held by the hearing examiner, provided that new evidence which was not available at the time of hearing held by the hearing examiner may be included in such appeal. The term “new evidence” means only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and was simply not presented at the hearing for whatever reason.
L. Upon such written notice of appeal being filed within the time period allotted, a hearing shall be held by the city council. Such hearing shall be held in accordance with SWMC Chapter 2.90 and the following appeal procedures:
1. The responsible official or other designee (the “respondent(s)”) shall present a summary of the findings, conclusions and decision, as well as the alleged errors forming the basis of the appeal.
2. The appellant(s) and the respondent(s) to the appeal shall have the opportunity to present oral arguments before the council; provided that, the appellants may reserve a portion of their time for rebuttal. Such oral argument shall be confined to the record and to any alleged errors therein or to any allegation of irregularities in procedure before the hearing examiner. The council may request additional information from any staff member or party, or any factual information from members of the audience at its discretion. Such additional information shall be part of the record.
3. If the council finds that:
a. The hearing examiner’s findings or decision contains substantial error;
b. The hearing examiner’s proceedings were materially affected by irregularities in procedure;
c. The hearing examiner’s decision was unsupported by substantial evidence in view of the entire record as submitted; or
d. The hearing examiner’s decision is in conflict with the city’s adopted plans, policies and ordinances, it may remand for further hearing before the hearing examiner or may reserve the hearing examiner’s decision. In addition, the council may choose to modify the hearing examiner’s decision based on the above criteria. Furthermore, any matter may be continued to a time certain for additional city staff analysis desired by the council, before a final determination by the council. If the council requests additional staff analysis the appellant shall be provided a copy and afforded reasonable time to review the analysis and respond to the council before final determination by the council.
4. If the council determines that there is no basis for the alleged errors set forth in the appeal, it may adopt the findings of the hearing examiner and accept the decision of the hearing examiner.
M. This procedure is the only method for appealing alleged errors or irregularities in procedure which may have occurred before the hearing examiner. All objections are deemed waived if no appeal is taken from the action by the hearing examiner.
N. Any matter requiring action by the council shall be taken by the adoption of a motion by the council. When taking any such final action, the council shall make and enter findings of fact from the record and conclusions thereof which support its action. The council may adopt all or portions of the hearing examiner’s findings and conclusions.
O. The action of the council approving, modifying or rejecting a decision of the hearing examiner shall be final and conclusive, unless within twenty-one calendar days from the date of the council action District No. 101 or any fee payer applies for a writ of certiorari or writ of review to the superior court of Washington for Skagit County, for purpose of review of the action taken. (Ord. 1607-08 § 5(B), 2008: Ord. 1425-02 § 4, 2002: Ord. 1315-98 § 8, 1998)
15.64.090 Authorization for the school interlocal agreement and the establishment of the schools impact account.
A. The mayor is authorized to execute, on behalf of the city, an interlocal agreement for the collection, expenditure and reporting of school impact fees; provided that, such interlocal agreement comply with the provisions of this section.
B. As a condition of the interlocal agreement, District No. 101 shall establish a schools impact account with the office of the Skagit County treasurer, who serves as the treasurer for District No. 101. The account shall be an interest-bearing account.
C. For administrative convenience while processing the fee payments, school impact fees may be temporarily deposited in a city account; provided that, the city shall transfer the school impact fees and the interest earned on the fees to the district or shall deposit the school impact fees and the interest earned on the fees in the schools impact account established by the district within thirty-one days of receiving the fees.
D. Funds withdrawn from the schools impact fee account for District No. 101 must be used in accordance with the provisions of Section 15.64.110 of this chapter. The interest earned shall be retained in this account and expended for the purposes for which the school impact fees were collected.
E. On an annual basis, pursuant to the interlocal agreement, District No. 101 shall provide a report to the council on the schools impact fee account, showing the source and amount of all moneys collected, earned or received, and the planned facilities that were financed in whole or in part by impact fees.
F. School impact fees shall be expended or encumbered within six years of receipt, unless the city council identifies in written findings extraordinary and compelling reason or reasons for District No. 101 to hold the fees beyond the six-year period. Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered, after consultation with District No. 101. (Ord. 1315-98 § 9, 1998)
15.64.100 Refunds.
A. If District No. 101 fails to expend or encumber the impact fees within six years of when the impact fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to Section 15.64.090, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis.
B. The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must submit a written request for a refund of the impact fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by District No. 101 and expended on the appropriate school facilities.
E. Refunds of impact fees under this section shall include any interest earned on the impact fees by District No. 101.
F. When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by District No. 101, but must be expended for the appropriate school facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account(s) being terminated.
G. The city shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided that, if District No. 101 has expended or encumbered the impact fees in good faith prior to the application for a refund, District No. 101 can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition District No. 101 for an offset. The petitioner must provide proof of payment of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. District No. 101 shall determine whether to grant an offset. District No. 101 shall forward its determination to the director and the director may adopt the determination of District No. 101 and may grant or decline to grant an offset, or the director may make an alternative determination and set forth in rationale for the alternative determination. Determinations shall be in writing and shall be subject to the appeals procedures set forth in Section 15.64.080 above. (Ord. 1315-98 § 10, 1998)
15.64.110 Use of funds.
A. Pursuant to this chapter, impact fees:
1. Shall be used for school improvements of District No. 101 that will reasonably benefit the new development;
2. Impact fees shall not be imposed to make up for deficiencies in existing facilities serving existing developments;
3. Impact fees shall not be used for maintenance or operation.
B. Impact fees may be spent for District No. 101 improvements, including but not limited to school planning, land acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to educational facilities, and any other similar expenses which can be capitalized, and which are identified in the District No. 101 capital facilities plan.
C. Impact fees may also be used to recoup District No. 101 school facilities improvement costs previously incurred by the district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.
D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of District No. 101 school improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. (Ord. 1315-98 § 11, 1998)
15.64.120 Review.
The fee schedule set forth in Appendix A shall be reviewed by the council as it may deem necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city’s comprehensive plan. (Ord. 1315-98 § 12, 1998)
15.64.130 School impact fees and administrative fees.
A. The school impact fees set forth in Appendix A, listed in the master fee schedule adopted by resolution of the city council, are generated from the formula for calculating impact fees set forth in the District No. 101 capital facilities plan. Except as otherwise provided in Section 15.64.050, 15.64.060 or 15.64.150, all development activity in the city will be charged the school impact fee in Appendix A.
B. The city’s cost of administering the impact fee program shall be listed in the master fee schedule adopted by resolution of the city council per dwelling unit and shall be paid by the applicant to the city as part of the development application fee. (Ord. 2015-22 § 4 (Exh. D), 2022; Ord. 2013-22 § 50, 2022; Ord. 1672-10 § 1, 2010: Ord. 1454-03 § 1, 2003: Ord. 1315-98 § 13, 1998)
15.64.140 Fee adjustment.
The adjustments to the impact fees reflect the legislative determination that while the full impact fees per dwelling unit accurately characterize the cost of the school facilities required for each new development, as documented in District No. 101 capital facilities plan, the council has, as a matter of policy and at the request of District No. 101, decided to provide discretionary adjustment for the local bond issues. The council is authorized to reduce or to increase the adjustments as part of its annual or periodic review of the fee schedule, or at any other time, by adopting an amendatory ordinance. No additional technical analysis is required for reductions to or increases in the amount of the adjustments. (Ord. 1315-98 § 14, 1998)
15.64.150 Independent fee calculations.
A. If District No. 101 believes in good faith that none of the impact fee categories or fee amounts set forth in the schedules in Appendix A accurately describe or capture the impacts of a new development on schools, District No. 101 may conduct independent fee calculations and submit such calculations to the director. The director may impose alternative fees on a specific development based on these calculations of District No. 101, or may impose alternative fees based on the calculations of the department. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
B. If a fee payer opts not to have the impact fees determined according to the schedules set forth in Appendix A, then the fee payer shall prepare and submit to District No. 101 an independent fee calculation for the development activity for which final plat, PUD, binding site plan, or other development approval, or a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. District No. 101 shall review the independent fee calculation and provide an analysis to the director concerning whether the independent fee calculation should be accepted, rejected, or accepted in part. The director may adopt, reject or adopt in part the independent fee calculation based on the analysis prepared by District No. 101, or may impose alternative fees based on the calculations of the department, the fee payer’s independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the fee payer and to District No. 101.
C. Any fee payer submitting an independent fee calculation will be required to pay the city a fee to cover the cost of reviewing the independent fee calculation. The fee shall be the actual cost of any staff time spent conducting the review, and the cost of consultant services if the city deems these services to be necessary. The city shall require the fee payer to post a cash deposit of the amount listed in the master fee schedule adopted by resolution of the city council prior to initiating the review.
D. While there is a presumption that the calculations set forth in the District No. 101 capital facilities plan are valid, the director shall consider the documentation submitted by the fee payer and the analysis prepared by District No. 101, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the fee payer or District No. 101 to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development activity, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the fee payer and to District No. 101.
E. Determinations made by the director pursuant to this section may be appealed to the hearing examiner subject to the procedures set forth in Section 15.64.080. (Ord. 2013-22 § 51, 2022; Ord. 1607-08 § 5(C), 2008; Ord. 1315-98 § 15, 1998)
15.64.160 Existing authority unimpaired.
Nothing in this chapter shall preclude the city from requiring the fee payer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided that, the exercise of this authority is consistent with Section 15.64.050 of this chapter and with RCW 43.21C.065 and RCW 82.02.100. (Ord. 1315-98 § 16, 1998)
Appendix A—Schedule of School Impact Fees
A. Single-Family Units. As listed in the master fee schedule adopted by resolution of the city council per single-family residential unit or mobile or manufactured home (whether on a single lot, condominium unit or mobile park).
B. Multifamily Units. As listed in the master fee schedule adopted by resolution of the city council per residential unit in a multifamily structure.
Note: Detached, single housing units shall be considered single-family residential units, without regard to the form of ownership, including condominium ownership. (Ord. 2015-22 § 4 (Exh. D), 2022; Ord. 1845-16 § 3 (Exh. B), 2016: Ord. 1672-10 § 2, 2010: Ord. 1630-08 § 2 (Exh. B), 2008)