HomeMy WebLinkAbout4278 ORDINANCE NO. L0,.78
AN ORDINANCE of the City Council of the
City of Kent, Washington, adding section 12.13.170
to the Kent City Code to set maximum school
impact fees and provide for an annual increase to
the maximum fees that is relative to the cost of
construction in the region.
RECITALS
A. As authorized by the Growth Management Act (GMA) and
RCW 82.02.050, the city has exercised its discretion to adopt a school
impact fee program.
B. Following review and adoption of a school district's Capital
Facilities Plan, the city allows a school district that overlaps city
boundaries to participate in the program through which the city assesses
impact fees during the permitting process for new development. The city
currently collects school impact fees on behalf of all five schools within its
boundaries: Kent School District, Auburn School District, Renton School
District, Highline School District, and Federal Way School District.
C. In general, impact fees are an appropriate method of
addressing the burden of financing new public facilities as needed to serve
a growing population. However, if impact fees are raised too quickly or to
1 Adopt KCC 12.13.170 -
Re: School Impact Fee Maximums
excessive levels, the fees can result in disproportionate, negative or unfair
impacts to owners of developable land and residential developers.
i
D. School districts in Kent have proposed varying levels of
impact fees, and occasionally the proposed fees include significant
increases year-over-year. Some school districts have averaged less than
2% change between years, while others have frequently proposed steep
increases with some averaging 10%, 15%, or even as much as 98%.
E. Ultimately, operation of the school impact fee program is the
responsibility of the city, and the decision to assess school impact fees or
not is left to the city. In order to provide predictability to the development
community, ensure residential development is not unduly prohibitive due
to excessive impact fees, and reduce the variability of school impact fee
charges from year to year, it is necessary to introduce more parameters
for the assessment of impact fees.
F. The City notified Washington State Department of Commerce
of this change on April 25, 2018. No comments were submitted by state
agencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - New Section. Chapter 12.13 of the Kent City Code,
entitled "School Impact Fees", is hereby amended to add a new section
12.13.170, entitled "Maximum Allowable Fees," to read as follows:
Section 12.13.170. Maximum Allowable Fees. School impact
fees provided by this chapter shall be assessed based on the calculation
2 Adopt KCC 12.13.170 -
Re: School Impact Fee Maximums
set forth in Section 12.13.140, unless they exceed a Maximum Allowable
Fee as set forth in this section. There shall be an increase in the maximum
allowable fee each year by the same percentage as the percentage change
in the previous calendar year's average monthly Engineering News Record
(ENR) Seattle Area Construction Cost Index values, relative to the
corresponding average monthly ENR Construction Cost Index values for
the preceding year, as calculated from October 1st through September
30th.
The Maximum Allowable Fee is set at $8,229 for single-family dwelling
units, and a maximum of $8,386 for multifamily dwelling units for 2018.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4. - Effective Date. This ordinance shall take effect and
I be in force thirty days from and after its passage, as provided by law.
is
DANA RALPH, MAYOR Date Approved
3 Adopt KCC 12.13.170 -
Re: School Impact Fee Maximums
ATTEST:
KIMBERLEY tKOMOTO, CITY ERK Date Ad pt d
Date Pu li he
APPROVED AS TO FM'.
TH PAT" FITZPATRICK, CITY ATTORNEY
4 Adopt KCC 12.13.170 -
Re. Schoo!Impact Fee Maximums
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