HomeMy WebLinkAbout3260Ordinance No. 3260
(Amending or Repealing Ordinances)
CFN=1000 - Planning Department
Passed 12/19/1995
Adding a new Chapter 12.13. School Impact Fees
Amended by Ord. 3412
Ord. 3484 Repeals Sec.
Amended by Ord. 3690
Amended by Ord. 3960
12.13.150
(Sec. 12.13.130(G)(1))
(Sec. 12.13.110)
ORDINANCE NO. .0
An ordinance of the City Council of the City of Kent,
Washington relating to school impact fees; establishing a
framework for the adoption of a school impact fee program by
the City; requiring the execution of an interlocal agreement
between the City and school districts located within the City
requesting to participate in the school impact fee program;
providing for the adoption of school district capital
facilities plans as an element of the City's Comprehensive
Plan; allowing collection of impact fees by the City on new
development impacting school facilities; providing the formula
for calculation of the fee schedule; describing the procedures
for credit, appeal and refunds; all as authorized by the
Growth Management Act, RCW 82.02.050 through 82.02.100;
amending Title 12 of the Kent City Code by adding a new
Chapter 12.13; and setting a date when the same shall be
effective.
WHEREAS, the City Council of the City of Kent finds that
adequate school facilities should be provided to serve the
student population generated from new development in the City;
and
WHEREAS, to ensure that school facilities are available
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!to accommodate expected growth when needed, the Council
(recognizes the cost of new school facilities must be shared by
;the public and private sectors, and the proportionate share of
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!the expense of school facilities necessitated by the impacts of
;new development should be borne by developers through the
imposition of school impact fees as authorized by the Growth
Management Act (RCW 82.02.050 - 82.02. 1 00); and
WHEREAS, an organized framework must be adopted for the
11determination and analysis of the school district's need for
impact fees to partially fund school facilities necessitated by
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1Jnew development, and to allow the imposition and collection of
jthose fees by the school district pursuant to the Growth
jManagement Act and all other applicable law; NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. There is hereby added a new chapter to the
IjKent City Code, Chapter 12.13, entitled "School Impact Fees," to
dread as follows.
CHAPTER 12.13. SCHOOL IMPACT FEES
jSec. 12.13.010. Findings and Authority.
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The City Council of the City of Kent hereby finds and
determines that continuing growth and development in the City of
J'Kent will create additional demand and need for school
facilities, and the Council finds that the Washington State
Growth Management Act requires that new growth and development
should pay a proportionate share of the cost of new facilities
needed to serve the new growth and development.
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Therefore, pursuant to Chapter 82.02 RCW, the Council
adopts this Chapter to assess school impact fees. The provisions
of this title shall be liberally construed in order to carry out
the purposes of the Council in establishing the school impact fee
', program.
Sec. 12.13.020. Definitions.
For purposes of this ordinance, the following terms shall
have the indicated meanings:
A. "Capacity" means the number of students the
'District's facilities can accommodate district -wide, based on the
!'District's standard of service, as determined by the District.
B. "Capital Facilities Plan" means the District's
facilities plan adopted by the school board consisting of:
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1. a forecast of future needs for school
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,facilities based on the District's enrollment projections;
2. an identification of additional demands placed
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;ion existing public facilities by new development;
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3. the long-range construction and capital
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';improvement projects of the District;
4. the schools under construction or expansion;
;I 5. the proposed locations and capacities of
'lexpanded or new school facilities;
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6. an inventory of existing school facilities,
including permanent, transitional and relocatable facilities;
7. at least a six year financing component,
'updated as necessary to maintain at least a six-year forecast
period, for financing needed for school facilities within
projected funding levels, and identifying sources of financing
for such purposes, including bond issues authorized by the
voters; and
8. an identification of deficiencies in school
facilities serving the student populations and the means by which
existing deficiencies will be eliminated within a reasonable
period of time; and
9. any other long-range projects planned by the
District.
C. "City" means the City of Kent.
D. "Classrooms" means educational facilities of the
District required to house
students for its basic educational program. The classrooms are
I,Ithose facilities the District determines are necessary to best
serve its student population. Specialized facilities as
j identified by the District, including but not limited to
'gymnasiums, cafeterias, libraries, administrative offices, and
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child care centers, shall not be counted as classrooms.
E. "Construction Cost Per Student" means the cost of
construction of a permanent school facility in the District for
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,the grade span of school to be provided, as a function of the
District's design standard per grade span.
F. "Design Standard" means the space required, by grade
=span and taking into account the requirements of students with
;special needs, which is needed in order to fulfill the
educational goals of the District as identified in the District's
capital facilities plan.
G. "District" means any school district whose
boundaries include, in whole or in part, areas of the City of
Kent.
H. "Developer" means the person or entity who owns or
holds purchase options or other development control over property
for which development activity is proposed.
I. "Development Activity" means any residential
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 school facilities.
J. "Elderly" means a person aged 62 or older.
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K. "Encumbered" means impact fees identified by the
District as being committed as part of the funding for a school
acility for which the publicly funded share has been assured or
>uilding permits sought or construction contracts let.
L. "Interlocal Agreement" means the agreement between
:he District and the City, governing the operation of the school
mpact fee program and describing the relationship, duties and
_iabilities of the parties.
M. "Grade Span" means the categories into which the
District groups its grade of students; i.e., elementary, middle
Dr junior high school, and high school.
N. "Impact Fee" means a payment of money imposed upon i
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levelopment as a condition of development approval to pay for
school facilities needed to serve new growth and development,
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that is reasonably related to the new development that creates
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additional demand and need for public facilities, that is a ;
proportionate share of the cost of the public facilities, and
that is used for facilities that reasonably benefit the new j
development. "Impact Fee" does not include a reasonable permit
or application fee.
p. "Impact Fee Schedule" means the table of impact fees I
to be charged per unit of development, computed by the formula
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adopted under this ordinance, indicating the standard fee amount
per dwelling unit that shall be paid as a condition of
residential development within the City.
P. "Permanent Facilities" means facilities of the
District with a fixed foundation which are not relocatable
facilities.
Q. "Relocatable Facilities" means any factory -built
structure, transportable in one or more sections that is designed !
to be used as an education space and is needed to prevent the
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overbuilding of school facilities, to meet the needs of service
areas within the District or to cover the gap between the time
that families move into new residential developments and the date
that construction is completed on permanent school facilities.
R. "Relocatable Facilities Cost Per Student" means the
estimated cost of purchasing and siting a relocatable facility in i
the District for the grade span of school to be provided, as a
function of the District's design standard per grade span.
S. "Site Cost Per Student" means the estimated cost of
a site in the District for the grade span of school to be
provided, as a function of the District's design standard per
grade span.
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T. "Standard of Service" means the standard adopted by
the District which identifies the program year, the class size by
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ccount the requirements of students
grade span and taking into a
with special needs, the number of classrooms, the types of
,,facilities the District believes will best serve its student
population, and other factors as identified by the District. The
District's standard of service shall not be adjusted for any
portion of the classrooms housed in relocatable facilities which
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are used as transitional facilities or any other specific
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facilities housed in relocatable facilities.
U. "Student Factor" means the number derived by the
District to describe how many students of each grade span are
expected to be generated by a dwelling unit. Student factors
ishall be based on District records of average actual student
,generated rates for new developments constructed over a period of
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root more than five years prior to the date of the fee
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,calculation; provided that, if such information is not available
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lin the District, data from adjacent districts, or districts with
similar demographics or county wide averages may be used.
Il Student factors must be updated on an annual basis, and
separately determined for single family and multi -family dwelling
units and for grade spans.
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V. "Transitional Facilities" means those school
facilities that are being used pending the construction of
permanent facilities, provided that the necessary financial
commitments are in place to construct the permanent facilities.
Sec. 12.13.030. Impact fee - applicability.
Impact fees, based on the impact fee schedule adopted by
the City Council, using the District's Capital Facilities Plan,
shall be applied to all forms of development activity requiring
City review and approval where such requires the issuance of a
residential building permit. The impact fees shall be assessed
for each dwelling unit, including manufactured homes, at the time e
of permit application, and shall be collected when the permit is
issued as provided for in this chapter.
Sec. 12.13.040. Exemptions.
A. The following Development Activities are exempt from the
requirements of this chapter:
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1 1. Low income housing as follows:
a. Low-income housing projects that are
constructed by public housing agencies or private non-profit
housing developments;
b. Low-income residential units, rented or
purchased, that are dedicated and constructed by private
developers;
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2. Shelters or dwelling units for temporary placement,
which provide housing to persons on a temporary basis for not
more than two weeks.
3. Construction or remodeling of transitional housing
jifacilities or dwelling units that provide housing to persons on a
,!temporary basis for not more than twenty-four (24) months, in
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,connection with job training, self-sufficiency training and human
,services counseling, the purpose of which is to help persons make
lithe transition from homelessness to placement in permanent j
! housing.
4. Any form of housing for the elderly, including
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!nursing homes, retirement centers, and any type of housing units
is
1 for persons age 55 and over, which have recorded covenants or
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jrecorded declaration of restrictions precluding school -aged
children as residents in those units.
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5. Rebuilding of legally established dwelling unit(s)
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destroyed or damaged by fire, flood, explosion, act of God or
other accident or catastrophe, or remodeling of existing legally
,'established dwelling unit(s), provided that such rebuilding takes
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place within a period of one year after destruction, and so long
as no additional dwelling units are created.
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6. Condominium projects in which existing dwelling
,,'units are converted into condominium ownership and where no new
idwelling units are created.
7. Any development activity that is exempt from the
payment of an impact fee pursuant to RCW 82.02.100, due to
mitigation of the same system improvement under the State
'Environmental Policy Act.
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j 8. Any development activity for which school impacts
have been mitigated pursuant to a condition of plat or PUD
I approval to pay fees, dedicate land or construct or improve
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I school facilities, unless the condition of the plat or PUD
approval provides otherwise: provided that the condition of the
plat or PUD approval predates the effective date of fee
imposition.
activity for which school impacts
9. Any development Y
have been mitigated pursuant to a voluntary agreement entered
into with the District to pay fees, dedicate land or construct or
improve school facilities, unless the terms of the voluntary
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agreement provide otherwise provided that the agreement predates
Ithe effective date of fee imposition.
B. For purposes of this section, a low-income housing I
project unit or a low-income residential rental unit is one that j
has a maximum rent and a maximum income level for tenants equal
to or less tha 50% of the Countywide median household income, I
adjusted for household size. A low-income residential purchased
unit is one that has a sales price of $130,000 or less for single l
�Ifamily houses, and $95,000 or less for multi -family units. These I
jlmaximum sale prices shall be adjusted by the Seattle CPI -U i
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consumer price index each year, with 1992 being the base year.
The purchaser's family income cannot exceed 80% of the Countywide
median household income, adjusted for household size.
C. When a low-income purchased unit has received a building
permit, the Director of the Finance Department shall record a
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notice of the exemption and the income qualification requirements
for such unit with the King County Auditor.
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D. When a low-income purchased unit is sold or rented to a
person who does not qualify as a low-income purchaser or tenant,
an amount equal to the impact fee on the date of the sale or
rental shall be paid by the seller or the property owner to the
City.
E. The Director of the Planning Department shall review
requests for exemptions from impact fees under subsection (A) of
this section pursuant to criteria and procedures adopted by
administrative rule, and shall advise the developer in writing of
the granted or denial of the request. In addition, the Director
shall notify the School District of all applications for
exemption when they are received and shall notify the School
District when such requests are granted or denied.
F. Impact fees for low-income housing and other development
activities with broad public purposes pursuant to RCW 82.02.060
(2) shall be paid from Public Funds. The impact fees for these
units shall be considered paid for by the School District through
its other funding sources, without the District actually
transferring funds from its other funding sources into the impact
fee account.
Sec. 12.13.050. Interlocal agreement between the City and
District.
As a condition of the City's authorization and adoption
of a school impact fee ordinance, the City and District shall
!;enter into an interlocal agreement governing the operation of the
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school impact fee program, and describing the relationship and
liabilities of the parties thereunder.
Sec. 12.13.060. Submission of District Capital Facilities Plan
Rand Data.
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On an annual basis, the District shall submit the
jfollowing materials to the City Council:
1. The District's capital facilities plan (as
defined in Section 12.13.010 herein) and adopted by the school
board;
2. The District's enrollment projections over the
¢next six (6) years, its current enrollment and the district's
enrollment projections and actual enrollment from the previous
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year;
3.
The
District's
standard
of service;
4.
The
District's
overall
capacity over the next
six (6) years, which shall take into account the available
capacity from school facilities planned by the District but not
yet built and be a function of the District's standard of service
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as measured by the number of students which can be housed in
District facilities.
5. An inventory of the District's existing
it
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facilities.
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B. To the extent that the District's standard of
service identifies a deficiency in its existing facilities, the
District's capital facilities plan must identify the sources of
funding other than impact fees, for building or acquiring the
necessary facilities to serve the existing student population in
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order to eliminate the deficiencies within a reasonable period of
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time.
C. Facilities to meet future demand shall be designed
to meet the adopted standard of service. If sufficient funding
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is not projected to be available to fully fund a capital
facilities plan which meets the adopted standard of service, the
District's capital Facilities plan should document the reason for
the funding gap, and identify all sources of funding that the
District plans to use to meet the adopted standard of service.
D. The District shall also submit an annual report to
the City Council showing the capital improvements which were
serviced in whole or in part by the impact fees.
E. In its development of the Financing Plan Component
of the Capital Facilities Plan, the District shall plan on a
six-year horizon and shall demonstrate its best efforts by taking
the following steps:
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1. Establish a six-year financing plan, and
,propose the necessary bond issues and levies required by and
consistent with that plan and as approved by the school board
inconsistent with RCW 28A.53.020, RCW 84.52.052 and .056 as
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amended; and
2. Apply to the state for funding, and comply with
;the state requirements for eligibility to the best of the
to
;,District's ability.
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Sec. 12.13.070. Annual Council Review.
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On at least an annual basis, the City Council shall
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review the information submitted by the District pursuant to
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j Section 12.13.060(A) herein. The review shall occur in
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conjunction with any update of the capital facilities plan
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I element of the City's Comprehensive Plan. j
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j�Sec. 12.13.080. Impact Fee Program Elements.
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A. Impact fees will be assessed on every new dwelling
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;unit in the District for which a fee schedule has been
established. i
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B. Impact fees will be imposed on a district-by-
district basis, on behalf of any school district which provides
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to the City, a capital facilities plan, the District's standards
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of service for the various grade spans, estimates of the cost of
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providing needed facilities and other capital improvements, and
the data from the District called for by the formula in Section
12.13.140. Any impact fee imposed shall be reasonably related to
the impact caused by the development and shall not exceed a
proportionate share of the cost of system improvements that are
reasonably related to the development. The impact fee formula
shall account in the fee calculation for future revenue the
District will receive from the development. The ordinance
adopting the fee schedule shall specify under what circumstances
the fee may be adjusted in the interests of fairness.
C. The impact fee shall be based on the capital
facilities plan developed by the District and approved by the
school board, and adopted by reference by the City as part of the
capital facilities element of the comprehensive plan for the
purpose of establishing the fee program.
Sec. 12.13.090. Fee Calculations.
A. The fee shall be calculated based on the formula set
out in Section 12.13.140.
B. Separate fees shall be calculated for single family
and multi -family types of dwelling units, and separate student
generation rates must be determined by the District for each type
of dwelling unit. For the purpose of this ordinance, mobile
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homes shall be treated as single family dwellings and duplexes
shall be treated as multi -family dwellings.
C. The fee shall be calculated on a district -wide basis
using the appropriate factors and data to be supplied by the
District, as indicated in Section 12.13.140. The fee calculations
shall also be made on a district -wide basis to assure maximum
utilization of all school facilities in the District used
currently or within the last two years for instructional
jpurposes .
j D. The formula in Section 12.13.140 provides a credit
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Jfor the anticipated tax contributions that would be made by the
development based on historical levels of voter support for bond
issues in the District.
E. The formula also provides for a credit for school
facilities or sites actually provided by a developer which the
District finds acceptable.
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F. The City may also impose an application fee to cover
'Pthe reasonable costs of administration of the impact fee program.
Sec. 12.13.100. Assessment of Impact fees.
At the time of application for a residential building permit with
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the City, including an application for a manufactured home, the
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'school impact fee shall be assessed based on the impact fee
schedule then in effect using the capital facilities plan of the
District adopted by the City Council as part of the City's
Comprehensive Plan. The impact fee and the application fee shall
be collected by the City, and maintained in separate accounts.
All school impact fees shall be paid to the District from the
school impact fee account monthly. The City shall retain all
application fees associated with the City's administration of the
impact fee program.
Sec. 12.13.110. Collection of Impact Fees.
A. For residential developments located in school
districts where impact fees have been adopted by city ordinance,
the City shall collect impact fees based upon the schedule set
forth in Section 12.13.140, and shall be collected by the City
from any applicant where such development activity requires
issuance of a residential building permit or a manufactured home
permit.
B. For application for single family and multi -family
residential building permits and manufactured home permits, the
total amount of the impact fees shall be collected from the
applicant when the building permit is issued, using the impact
fee schedules in effect at the time of application.
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C. The City shall not issue the required building
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I permit or manufactured home permit unless and until the impact
fees set forth in the impact fee schedule have been paid.
Sec. 12.13.120. Determination of the Fee, Adjustments,
Exceptions and Appeals.
A. The City shall determine a developer's impact fee,
based upon the schedule provided by the District.
B. Arrangement may be made for later payment of the
impact fee with the approval of the District only if the District
determines that it will be unable to use or will not need the
payment until a later time, provided that sufficient security, as
defined by the District, is provided to assure payment. Security !
shall be made to and held by the District, which will be
responsible for tracking and documenting the security interest.
(� C. The fee amount established in the schedule shall be
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reduced by the amount of any payment previously made for the lot
for development activity in question, either as a condition of
!!approval or pursuant to a voluntary agreement.
D. Whenever a developer is granted approval subject to
is condition that the developer actually provide a school facility i
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!acceptable to the District, the developer shall be entitled to a
;credit for the actual cost of providing the facility, against the
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fee that would be chargeable under the formula provided by this
,,ordinance. The cost of construction shall be estimated at the
time of approval, but must be documented, and the documentation
confirmed after the construction is completed to assure that an
'accurate credit amount is provided
If construction costs are
less than the calculated fee amount, the difference remaining
shall be chargeable as a school impact fee.
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E. The standard impact fees may be adjusted, if one of
the following circumstances exist, provided that the discount set
forth in the fee formula fails to adjust for the error in the
calculation or fails to ameliorate for the unfairness of the fee:
1. The developer demonstrates that an impact fee
assessment was improperly calculated; or
2. Unusual circumstances identified by the
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°jdeveloper demonstrate that if the standard impact fee amount was
ajapplied to the development, it would be unfair or unjust.
j F. In cases where a developer requests an independent
fee calculation, adjustment exception or a credit pursuant to RCW
82.02.060(3), the City shall consult with the District and the
District shall advise the City prior to the City making the final
impact fee determination.
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G. A developer may provide studies and data to
demonstrate that any particular factor used by the District may
not be appropriately applied to the development proposal.
H. Any appeal of the decision of the City with regard
to fee amounts shall follow the process for the appeal of the
(;underlying development application, as set forth in Kent City
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''Code. Any errors in the formula identified as a result of the
appeal should be referred to the Council for possible
modification.
!'i I. Impact fees may be paid under protest in order to
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obtain a residential building permit or a mobile home permit.
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,iSec. 12.13.130. Impact Fee Accounts and Refunds.
A. Impact fee receipts shall be earmarked specifically
and retained in a special interest-bearing account established by
;the District solely for the District's school impact fees. All
;!interest shall be retained in the account and expended for the
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;;purpose or purposes for which impact fees were imposed.
(Annually, the District, based in part on its report prepared
pursuant to Section 12.13.060, shall prepare a report on the
impact fee account showing the source and amount of all moneys
`collected, earned or received, and capital or system improvements
that were financed in whole or in part by impact fees. The
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District shall submit a copy of this report to the City Council.
The City shall maintain separate school impact fee and
administration fee accounts pursuant to Section 12.13.110, and
shall prepare a report on the source and amount of all school
impact fees collected and transferred to the District.
B. Impact fees for the District's system improvements
shall be expended by the District only in conformance with the
capital facilities plan element of the comprehensive plan.
C. Impact fees shall be expended or encumbered by the
District for a permissible use within six (6) years of receipt by `
the District, unless there exists an extraordinary or compelling
reason for fees to be held longer than six (6) years. Such
extraordinary or compelling reasons shall be identified to the
City by the District in a written report. The City Council shall
identify the District's extraordinary and compelling reasons for
the fees to be held longer than six (6) years in the Council's
;town written findings.
D. The current owner of property on which an impact fee
has been paid may receive a refund of such fees if the impact
fees have not been expended or encumbered within six (6) years of
receipt of the funds by the District on school facilities
intended to benefit the development activity for which the impact
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fees were paid. In determining whether impact fees have been
encumbered, impact fees shall be considered encumbered on a first
in, first out basis. The District shall notify potential
claimants by first-class mail deposited with the United States
postal service addressed to the owner of the property as shown in
;the County tax records.
E. An owner's request for a refund must be submitted to
the District in writing within one (1) year of the date the right
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jto claim the refund arises or the date that notice is given,
whichever date is later. Any impact fees that are not expended
or encumbered by the District in conformance with the capital
facilities plan within these time limitations, and for which no
application for a refund has been made within this one (1) year
period, shall be retained and expended consistent with the
provisions of this section. Refunds of impact fees shall include
any interest earned on the impact fees.
F. Should the City seek to terminate any or all school
impact fee requirements, all unexpended or unencumbered funds,
including interest earned, shall be refunded to the current owner
of the property for which a school impact fee was paid. Upon the
finding that any or all fee requirements are to be terminated,
the City shall place notice of such termination and the
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iavailability of the refunds in a newspaper of general circulation
fat least two times and shall notify all potential claimants by
,'first-class mail addressed to the owner of the property as shown
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lin the County tax records. All funds available for refund shall
be retained for a period of one (1) year. At the end of one (1)
,year, any remaining funds shall be retained by the District, but
jmust be expended by the District, consistent with the provisions
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of this Section. The notice requirement set forth above shall
Inot apply if there are no unexpended or unencumbered balances
jwith the account or accounts being terminated.
G. A developer may request and shall receive refund,
including interest earned on the impact fees, when:
1. The developer does not proceed to finalize the
development activity as required by statute or City Code
including the Uniform Building Code; and
2. No impact on the District has resulted.
�("Impact" shall be deemed to include cases where the District has
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expended or encumbered the impact fees in good faith prior to the
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;application for a refund. In the event that the District has
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expended or encumbered the fees in good faith, no refund shall be
!forthcoming. However, if within a period of three (3) years, the
same or subsequent owner of the property proceeds with the same
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or substantially similar development activity, the owner shall be
eligible for a credit. The owner must petition the District and
provide receipts of impact fees paid by the owner for a
,development of the same or substantially similar nature on the
isame property or some portion thereof. The District shall
determine whether to grant a credit, and such determinations may
be appealed by following the procedures set forth in Section
12.13.120 above.
H. Interest due upon the refund of impact fees required
by this Section shall be calculated according to the average
amount received by the District on invested funds throughout the
period during which the fees were retained.
Sec. 12.13.140. Formula for Determining School Impact Fees.
A. School Impact Fees shall be determined as follows:
IF:
A = Student Factor for Dwelling Unit Type and grade span X site
cost per student for sites for facilities in that grade span = Full
Cost Fee for site acquisition cost
B = Student Factor for Dwelling Unit Type and grade span X
school construction cost per student for facilities in that grade
span X ratio of District's square footage of permanent facilities
to total square footage of facilities = Full Cost Fee for school
construction
C = Student Factor for Dwelling Unit Type and grade span X
relocatable facilities cost per student for facilities in that
grade span X ratio of District's square footage of relocatable
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facilities to total square footage of facilities = Full Cost Fee
for relocatable facilities
D = Student Factor for Dwelling Unit Type and grade span "Boeckh
Index" X SPI Square Ft per student factor X state match a = State
Match Credit, and
Al, B1, Cl, Dl = A, B, C, D for Elementary grade spans
A2, B2, C2, D2 = A, B, C, D, for Middle/junior high grade
spans
A3, B3, C3, D3 = A, B, C, D for High School grade spans
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TC = Tax payment credit = The net present value of the Average
Assessed Value in the District for Unit Type X Current School
IIDistrict Capital Property Tax Levy Rate, using a 10 year discount
period and current interest rate (based on the Bond Buyer Twenty
Bond General obligation Bond Index) j
FC= Facilities Credit = The per -dwelling -unit value of any site or
,facilities provided directly by the development
I
THEN the unfunded need = UN=Al+...+C3 - (D1 -D2 -D3) -TC
i
AND the developer fee obligation = F=UN/2
i
AND the net fee obligation = NF = F -FC
i
B. Notes to Formula.
1. Student Factors are to be provided by the
District based on District records of average
actual student generation rates for new
developments constructed over a period of not
more than five years prior to the date of the fee
calculation; if such information is not available
in the District, data from adjacent districts,
districts with similar demographics, or
countywide averages must be used. Student
factors must be separately determined for single
26
family and multi -family dwelling units, and for
grade spans.
2. The "Boeckh index" is a construction trade index
of construction costs for various kinds of
buildings; it is adjusted annually.
3.
The District is to provide its own site and
facilities standards and projected costs to be
used in the formula, consistent with the
requirements of this ordinance.
4. The formula can be applied by using the following
table:
27
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�, i
Sec. 12.13.150. Termination of School Impact Fees.
This chapter -shall be and remain in effect until one year
from the effective date of the first school impact fee schedule
ordinance adopted pursuant to this chapter, after which time the
provisions of the chapter shall expire and have no force or effect.
SECTION 2. Severability. If any section, sentence, clause
or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
SECTION 3. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its publication
as provided by law.
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
A. LUDOVICH, CITY AT
JIM WHITE, MAYOR
NOT S- i 6A)" 13Y 14414 Yoh
PASSED lq day of 1995.
APPROVED day of 1995.
30
PUBLISHED day of /- , 1995.
I hereby certify that this is a true copy of Ordinance No.
, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
�- (SEAL)
BRENDA JACO ER, CITY CLERK
schlimpc.ord
31