HomeMy WebLinkAbout5233ORDINANCE NO. 5 2 3 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, CREATING A NEW SECTION 19.02.130 OF THE AUBURN CITY
CODE ENTITLED "IMPACT FEE FORMULA AND SCHEDULE" FOR THE KENT
SCHOOL DISTRICT, SETTING OUT THE METHOD FOR CALCULATION OF
SCHOOL IMPACT FEES AND ESTABLISHING A SCHEDULE OF SUCH FEES FOR
THE KENT SCHOOL DISTRICT.
WHEREAS, the Auburn City Council has adopted Chapter 19.02 a legal
framework for establishment of a school impact fee program within the City; and
WHEREAS, pursuant to Chapter 19.02 of the Auburn City Code and Chapter
82.02 RCW, the City is authorized to implement such an impact fee program; and
WHEREAS, it is necessary that the City adopt a formula setting out the basis on
which such impact fees will be calculated consistent with State law and ACC Chapter
19.02; and
WHEREAS, the City has established guidelines for such calculation in ACC
Chapter 19.02; and
WHEREAS, portions of the Kent School District are within the jurisdiction of the
City of Auburn; and
WHEREAS, the City has reviewed the impact fee formula and methodology of
the Kent School District, and has determined that it is appropriate for the Ci'Iy of Auburn
to adopt a formula and schedule for the Kent School District within the city of Auburn,
Ordinance No. 5233
April 27, 1999
Page !
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF' AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A new Section 19.02.130 of the Auburn City Code entitled "Impact
Fee Formula and Schedule for the Kent School District" is hereby adopted as shown in
"Exhibit A", attached hereto and incorporated herein by reference. The above-cited
Findings of Fact are herewith approved and incorporated in this Ordinance.
Section 2. If any provision of this Ordinance or its application to any person or
circumstances is held invalid, the remainder of this Ordinance orthe application of the
provision to other persons or circumstances shall not be affected.
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Ordinance shall take effect and be in force five (51) days from
and after its passage, approval and publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
May 17, 1999
May 17, 1999
May 17, 1999
CHARLES A. BOOTH
MAYOR
Ordinance No. 5233
April 27, 1999
Page 2
ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael O. Reynolds
City Attorney
Published: ,25'-,,2,/.~ '~
Ordinance No. 5233
Apdl 27, 1999
Page 3
Chapter 19.02
SCHOOL IMPACT FEES
Sections:
19.02.010
19.02.020
19.02.030
19,02.040
19.02,050
19.02,060
19.02.070
19.02.080
19.02.090
19.02.100
19.02.110
19.02.130
Purpose.
Definitions.
Determination of the amount of the impact fees.
Interlocal agreement between the city and district.
Submission of district capital facilities plan and data.
Annual council review.
Fee collection.
Exemptions.
Adjustments, exceptions and appeals.
Impact fee accounts and refunds.
Impact fee formula and schedule for the Dieringer School District.
Impact fee formula and schedule for the Kent School District.
19.02.010 Purpose.
The city council hereby finds and determines that continuing growth and development in
the city of Auburn will create additional need and demand for school facilities, and that
new growth and development should pay a proportionate share of the cost of
developing new facilities needed as a result. Therefore, pursuant to Chapter 82.02
RCW, the council adopts this chapter to address identified impacts of new residential
development on schools and to ensure that new development bears a proportionate
share of the cost of capital expenditures necessary to meet demands for schools in
order to protect the public health, safety and welfare. (Ord. 5078 § 1, 1998.)
19.02.020 Definitions.
For purposes of this chapter, 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 sohool board
consisting of:
1. A forecast of future needs for school facilities based on the district's enrollment
projections;
2. An identification of additional demands placed on existing public facilities by new
development;
3. The long-range construction and capital improvement projects of the district;
4. The schools under construction or expansion;
5. The proposed locations and capacities of expanded or new school facilities;
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
Exhibit A to Ordinance No. 5233
Page 1
funding levels, and identifying sources of financing for such purposes, including bond
issues authorized by the voters;
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. "Capital improvement" means land, improvements to land, structures and relocatable
structures (including site planning, acquisition, design, permitting and construction),
initial furnishings and selected equipment. Capital improvements have an expected
useful life of at least 10 years. Other capital costs, such as motor vehicles and
motorized equipment, computers and office equipment, office furnishings, and small
tools are considered to be minor capital expenses and are not considered capital
improvements.
D. "City" means the city of Auburn.
E. "Classrooms" means educational facilities of the district required to house students
for its basic educational program. The classrooms are those facilities the district
determines are necessary to best serve its student population. Specialized facilities as
identified by the district, including but not limited to gymnasiums, cafeteria, libraries,
administrative offices, and child care centers, shall not be counted as classrooms.
F. "Construction cost per student" means the estimated cost of construction of a
permanent school facility in the district for the grade span of school to be provided, as a
function of the district's design standard per grade span.
G. "Design standard" means the space required, by grade span and taking into account
the requirements of students with special needs, that is needed in order to fulfill the
educational goals of the district as identified in the district's capital facilities plan.
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, including the placement of
a mobile home, 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. "District" means the Auburn, Kent, Federal Way, or Dieringer School District or
successor entities.
K. "Elderly" means a person aged 55 or older.
L. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees to
pay for commitments, contractual obligations, or other liabilities incurred for public
facilities as set out in the adopted capital facilities plan.
M. "Grade span" means the categories into which the district groups its grade of
students; e.g., elementary, middle or junior high school, and high school.
N. "Impact fee" means a payment of money imposed upon development as a condition
of development approval to pay for school facilities needed to serve new growth and
development, that is reasonably related to the new development that create,,; additional
demand and need for public facilities, that is a proportionate share of the cost of the
school facilities, and that is used for such facilities that reasonably benefit the new
development. "Impact fee" does not include a reasonable permit or application fee.
Exhibit A to Ordinance No. 5233
Page 2
O. "Impact fee schedule" means the impact fees to be charged per dwelling unit of
development that shall be paid as a condition of residential development within the city.
P. "lnterlocal agreement" means the agreement between the district and the city,
governing the operation of the school impact fee program and describing the
relationship, duties and liabilities of the parties.
Q. "Permanent facilities" means facilities of the district with a fixed foundation which are
not relocatable facilities.
R. "Relocatable facilities" means any structure, transportable in one or more sections
that is intended to be used as an education space to meet the needs of service areas
within the district, to provide specialized facilities, 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.
S. "Relocatable facilities cost per student" means the estimated cost of purchasing and
siting a relocatable facility in the district for the grade span of the school to be provided,
as a function of district's design standard per grade span.
T. "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 standards per grade
span.
U. "Standard of service" means the standard adopted by the district which identifies the
program year, the class size by grade span and taking into account the requirement of
students 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 are used as transitional facilities or
any other specialized facilities housed in relocatable facilities.
V. "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 shall be based on district records of average actual student generated rates for
comparable developments constructed over a period of not more than five years prior to
the date of the fee calculation; provided, that if such information is not available in the
district, data from adjacent districts, or districts with similar demographics or county-
wide averages, may be used. Student factors must be updated on an annual basis, and
separately determined for single-family and multifamily dwelling units and for grade
spans.
W. "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. (Ord. 5078 § 1, 1998.)
19.02.030 Determination of the amount of the impact fees.
The amount of the impact fees shall be determined for each school district as agreed to
by the city and the applicable school district. The methodology to determine the fees will
be based upon what other jurisdictions have used to determine their school impact fees
and will address the terms and concepts defined in ACC 19.02.020, Definitions. The city
shall only consider requiring impact fees for any school district upon receipt of a written
request duly executed from the applicable school district. The city shall adopt by a
separate ordinance an impact fee schedule for each applicable school district.
Exhibit A to Ordinance No, 5233
Page 3
A. If the city annexes property and the affected school district has an impact fee
schedule, approved by the applicable county, then if the affected school district has
adopted a capital facilities plan which has been incorporated into the city's
comprehensive plan under the Growth Management Act that schedule shall continue in
effect on an interim basis and the city shall consider adopting by reference the fee
amounts that the county has imposed together with any formulas or methodologies
used to arrive at the fee amounts.
B. If residential development occurs within a school district that is within the city of
Auburn, and an impact fee schedule has been approved for that school district by
another legislative authority, other than the city of Auburn, then if the affected school
district has adopted a capital facilities plan which has been incorporated into, the city's
comprehensive plan under the Growth Management Act that schedule shall continue in
effect on an interim basis and the city shall consider adopting by reference the fee
amounts that have been imposed by the other legislative authority together with any
formulas or methodologies used to arrive at the fee amounts.
C. 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 new development. The impact fee
formula shall take into account the future revenues the district will receive from the
development, along with system costs related serving the new development.
D. The impact fee shall be based on a capital facilities plan adopted by the district and
incorporated by reference by the city as part of the capital facilities element ,3f the city's
comprehensive plan, adopted pursuant to Chapter 36.70A RCW, for the purpose of
establishing the fee program.
E. Separate fees shall be calculated for single-family and multifamily 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 chapter, mobile homes shall be treated as
single-family dwellings, and duplexes and attached single-family dwellings shall be
treated as multifamily dwellings.
F. The fee shall be calculated on a district-wide basis using the appropriate 'Factors and
data to be supplied by the district. The fee calculations shall also be made on a district-
wide basis to assure maximum utilization of all available school facilities in the district
which meet district standards.
G. Credit shall be given for school facilities or sites offered by the developer which the
district accepts and approves as meeting district needs and standards, consistent within
capital facilities plan. (Ord. 5078 § 1, 1998.)
19.02.040 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 the applicable district shall enter into an interlocal agreement governing the
operation of the school impact fee program, and describing the relationship and
liabilities of the parties thereunder. The agreement must provide that the district shall be
liable and hold the city harmless for all damages which may occur as a result of any
failure by the district to comply with the provisions of this chapter, Chapter 82.02 RCW
or other applicable law. The agreement must provide that the district shall be liable, hold
the city harmless and reimburse the city for defense and payment of all clairns, including
Exhibit A to Ordinance No. 5233
Page 4
claims for damages, which may occur or arise as a result of any failure or alleged failure
to comply with the provisions of this chapter, Chapter 82.02 RCW or other applicable
law in the adoption, administration, or implementation of this chapter and any actions
related to it. (Ord. 5078 § 1, 1998.)
19.02.050 Submission of district capital facilities plan and data.
A. On an annual basis (by July 1st or on a date agreed to by district and the city and
stipulated in the interlocal agreement) any district for which the city is collecting impact
fees shall submit the following materials to the city council:
1. The district's capital facilities plan (as defined herein) as adopted by the school
board;
2. The district's enrollment projections over the next six years, its current enrollment and
the district's enrollment projections and actual enrollment from the previous year;
3. The district's adopted standard of service;
4. The district's overall capacity over the next six 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 as measured by the number of
students which can be housed in district facilities; and
5. An inventory of the district's existing facilities.
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 order to eliminate the deficiencies within a reasonable
period of time.
C. Facilities to meet future demand shall be designed to meet the adopted standard of
service. If sufficient funding 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 annually to the city a report showing the capital
improvements for which the impact fees have been used.
E. In its development of the financing plan component of its capital facilities plan, the
district shall plan on a six-year horizon and shall demonstrate its best efforts by taking
the following steps:
1. Establish a six-year financing plan, and propose the necessary bond issues, levies,
and/or financing measures required by and consistent with that plan and as approved
by the school board consistent with state law; and
2. Where applicable, apply to the state for funding, and comply with the state
requirements for eligibility to the best of the district's ability. (Ord. 5078 § 1, 1998.)
19.02.060 Annual council review.
On at least an annual basis the city council shall review the information submitted by the
district pursuant to ACC 19.02,050. The review shall be in conjunction with any update
of the capital facilities plan element of the city's comprehensive plan. The cil~ council
Exhibit A to Ordinance No. 5233
Page 5
may also at this time determine if an adjustment to the amount of the impact fees is
necessary. (Ord. 5078 § 1, 1998.)
19.02.070 Fee collection.
The school impact fee shall be imposed, based on the impact fee schedule, at the time
of application to the city for a development activity permit. The school impact fee shall
be imposed based on the impact fee schedule adopted for the applicable school district.
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.
A. Impact fees shall be imposed upon development activity in the city at the time
buildin.q permits are issued, based upon the adopted fee and collected by the city from
any applicant where such development activity requires issuance of a residential
permit ......... "~"
building permit or a manufactured or mobile home ,. .... bu~ld~n.q '
........ ' ~ ......... '~ '~-"" hcmc ~'"" ""'~ thc lc" ~' .... *" ...... ~ .... ' .... ~'~
Impact fees are only collected and disbursed within the boundaries of a school district
that has executed an interlocal agreement with the city of Auburn.
B. Applicants for single-family and multifamily residential building permits, and for
lots ...........
manufactured or mobile home building permits on existing""'~ ~"' ~;*~' ~' .......... '
for ....... '~ "*"";'" ~' ...... ~'- shall pay the total amount of the impact fees assessed
before the building permit is issued, using the impact fee schedules then in effect.
budding permit .................
C. The city shall not issue the required ' ' ' "' "'""~'" ~'""'~ ,. ........... ~ .....
· ~' ...... ;'"'~ ";*~' ~' .......... ' ~ ..... ~"~ ~ ...... ~' unless and until the impact fees
set forth in the impact fee schedule have been paid.
D. The city will impose an application fee of $50.00 per dwelling unit for a sin.qle family,
manufactured or mobile residence and $25.00 per apartment, townhouse or
condominium unit which is subject to and not otherwise exempt from this chapter to
cover the reasonable cost of administration of the impact fee program. The fee is not
refundable and is collected from the applicant of the development activity permit at the
time of permit issuance. (Ord. 5078 § 1, 1998.)
19.02.080 Exemptions.
The following development activities are exempt from the requirements of this chapter:
A. Reconstruction, remodeling or construction of any form of housing for the elderly,
including nursing homes, retirement centers, and any type of housing units for persons
age 55 and over, which have recorded covenants or recorded declaration of restrictions
precluding school-aged children as residents of those units. Where such covenants
have not already been recorded, but the exemption is sought, the city may require the
recording of a covenant or recorded declaration of restriction precluding use of the
property for other than the exempt purpose. If property using this exemption is
subsequently used for a nonexempt purpose, then the school impact fees then in effect
shall be paid.
Exhibit A to Ordinance No. 5233
Page 6
B. Rebuilding of legally established dwelling unit(s) destroyed or damaged by fire, flood,
explosion, act of nature or other accident or catastrophe; provided, that such rebuilding
takes place within a period of one year after destruction and that no additional dwelling
units are created.
C. Alteration, expansion, reconstruction, remodeling, or rebuilding of existin~cl single-
family or multifamily dwelling units; provided, that no additional dwelling unit.,; are
created.
D. Condominium projects in which existing dwelling units are converted into
condominium ownership and where no new dwelling units are created.
E. Any development activity that is exempt from the payment of an impact fee pursuant
to RCW 82.02.100.
F. Any development activity for which school impacts have been mitigated pursuant to a
condition of a plat, PUD or similar approval to pay fees, dedicate land or con, struct or
improve school facilities, unless the condition of the plat or PUD approval provides
otherwise. The condition of the plat, PUD or similar approval must also pred~ate the
effective date of fee imposition by the city or its predecessor in interest as provided
herein and/or was actually imposed by the city or its predecessor in interest, specifically
as a mitigation for impacts addressed in this chapter. Proof must also be submitted to
the city that the required mitigation has been tendered for the development activity
which would otherwise be subject to this chapter.
G. Any development activity for which school impacts 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 agreement provide
otherwise. The agreement and development activity application must also predate the
effective date of fee imposition by the city or its predecessor in interest as provided
herein. Proof must also be submitted to the city, prior to issuance of the development
activity permit, that the required mitigation has been tendered for the development
activity which would otherwise be subject to this chapter.
H. The replacement of a mobile home with another mobile home within an existing
mobile home park. (Ord. 5078 § 1, 1998.)
19.02.090 Adjustments, exceptions and appeals.
A. Arrangements 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.
B. The fee amount established in the schedule shall be reduced by the amount of any
eligible payment previously made for the lot or development activity in question, either
as a condition of approval or pursuant to a voluntary agreement.
C. Whenever a development is granted approval subject to a condition that the
development actually provide a school site or facility acceptable to the district, the
developer shall be entitled to a credit for the value of the facility, based on the actual
cost of providing the facility, against the fee that would be required by this chapter. The
value of the facility shall be estimated at the time of approval, but must be documented,
Exhibit A to Ordinance No, 5233
Page 7
and the documentation confirmed after the facility is completed to assure that an
accurate credit amount is provided. If facility value based on actual costs is less than
the calculated fee amount the difference remaining shall be chargeable as a school
impact fee.
D. The standard impact fees may be adjusted by the planning director, if one of the
following circumstances exist:
1. The developer demonstrates that an impact fee assessment was improperly
calculated; or
2. Unusual circumstances identified by the developer demonstrate that if the standard
impact fee amount was applied to the development, it would be unfair or unjust taking
into account the purposes and intent of this chapter and Chapter 82.02 RCW.
E. In cases where a developer requests a fee calculation adjustment, exception or a
credit pursuant to subsection (C) of this section, the planning director shall consult with
the district and the district shall advise the planning director prior to the planning director
making the final impact fee determination.
F. A developer may provide, and the planning director shall review, studies and data as
a part of a request for a fee calculation adjustment, exception, or credit.
G. Any appeal of the final decision of the planning director with regard to fee amounts
may be made by the developer, district, or other aggrieved party and shall follow the
process for the appeal of the underlying development application, as set forth in the
Auburn City Code. The planning director's decision shall be given substantial weight
and the appellant shall have the burden of proof that the final fee determination is unfair,
taking into account the purposes and intent of Chapter 82.02 RCW and this chapter.
H. Impact fees may be paid under protest in order to obtain a permit or other approval of
development activity. However, such payment under protest shall not excuse the
applicant's obligation to timely exhaust all administrative remedies and to comply with
all applicable time limitation periods. (Ord. 5078 § 1, 1998.)
19.02.100 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 purposes or purposes for
which impact fees were imposed. Annually, the district, based in part on its report
prepared pursuant to ACC 19.02.050, shall prepare a report on the impact fl.~e account
showing the source and amount of all moneys collected, earned or received, and capital
or system improvements for which impact fees were used. The district shall submit a
copy of this report to the city. The city finance director shall maintain separate school
impact fee and administration fee accounts pursuant to ACC 19.02.070, and shall
prepare, for the city council, 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 capital improvements shall be expended by the district
only in conformance with the capital facilities plan element of the city's comprehensive
plan.
C. Impact fees shall be expended or encumbered by the district for a permissible use
within six years of receipt by the district, unless there exists an extraordinaq! or
Exhibit A to Ordinance No. 5233
Page 8
compelling reason for fees to be held longer than six years. Such extraordinary or
compelling reasons shall be identified to the city by the district in a written report. In any
decision approving such an extension, the city council shall identify the district's
extraordinary and compelling reasons for the fees to be held longer than six years in the
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
years or an extension granted under subsection (C) of this section of receipt of the
funds by the district on school facilities intended to benefit the development activity for
which the impact fees were paid. 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 current 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
year of the date the right to 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-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 "lhe findings
that any or all fee requirements are to be terminated, the city shall place notice of such
termination and the availability of the refunds in a newspaper of general circ~ulation at
least two times and shall notify all potential claimants by first-class mail addressed to
the owner of the property as shown in the county tax records. 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 the district, but must be expended by the district, consistent
with the provisions of this section. The notice requirement set forth above shall not
apply if there are no unexpended or unencumbered balances within the account or
accounts being terminated.
G. A developer may request and shall receive a 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 provisions 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 expended or encumbered the impact fees in good faith prior to the
application for a refund. In the event that the district has expended or encumbered the
fees in good faith, no refund shall be forthcoming. However, if with a period of three
years the same or subsequent owner of the property proceeds with the 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 same property or some
portion thereof. The district shall determine whether to grant a credit and such
determination may be appealed by following the procedures set forth in ^CC 19.02.090.
Exhibit A to Ordinance No. 5233
Page 9
H. Interest due upon the refund of impact fees required by this section shall be
calculated according to the average rate received by the district on invested funds
throughout the period during which the fees were retained. (Ord. 5078 § 1, 1998.)
19.02.110 Impact fee formula and schedule for the Dieringer School District.
The impact fee calculation and schedule below is based upon the formula set forth
below. The formula is the city's determination of the appropriate proportionate share of
the costs of public school capital facilities needed to serve new growth and development
to be funded by school impact fees based on the factors defined in ACC 19.02.020 and
the additional factors defined below derived from the provisions of the Pierce County
Code in effort for the Dieringer School District at the time of its annexation to the city of
Auburn.
Per Single-Family Per Multifamily
Dwelling Unit Dwelling Unit
Fee Calculation: $2,815.00 $3,221.00
Maximum Fee Obligation: $1,425.00 $750.00
Given the following variables:
A = Full cost fee for site acquisition costs = A1 + A2 + A3
A1 = Elementary school site cost per student x the student factor
A2 = Middle school site cost per student x the student factor
A3 = High school site cost per student x the student factor
B = Full cost fee for school construction -- B1 + B2 + B3
B1 = Elementary school construction cost per student x the student factor
B2 = Middle school construction cost per student x the student factor
B3 = High school construction cost per student x the student factor
C = Full cost fee for temporary facilities maintenance = C1 + C2 + C3
C1 = Elementary school temporary facility cost per student x the student factor
(;2 = Middle school temporary facility cost per student x the student factor
C3 = High school temporary facility cost per student x the student factor
· D = State match credit = D1 + D2 + D3
D1 = Boeckh Index x SPI square footage per student for elementary school x state
match % x student factor
D2 = Boeckh Index x SPI square footage per student for middle school x state match %
x student factor
D3 = Boeckh Index x SPI square footage per student for high school x state match % x
student factor
TO = Tax Payment credit = the net present value of the average assessed w~lue for the
dwelling unit type in the school district, <(1+1)n>-1
I(l=l)n x the current school district capital property tax levy rate, I(l+l)n, where I = the
current interest rate for outstanding bond issues
n = the number of years left before the bond or capital levy is retired, up to a maximum
of 10 years
FC = Facilities credit = the per dwelling unit value of any site or facilities provided
directly by the development subject to ACC 19.02.090
FC = Value of fee payer's contribution
Exhibit A to Ordinance No, 5233
Page 10
Number of dwelling units in the development
Then the unfunded need (UN):
UN=^+B+C-D-TC
The Fee Obligation:
Total Unfunded Need x 50% = Fee Calculation
Fee obligation is the lesser of $1,425 per single-family dwelling unit or $750.00 per
multifamily dwelling unit and the fee calculation: $1,425/SF D.U.
$750.00/MF D.U. or fee calculation
Where, in addition to the definitions in ACC 19.02.020:
A. "Boeckh Index" means the area cost allowance for school construction determined
under WAC 180-27-060.
B. "SPI square footage per student" means the space allocations per grade ,,span
determined by WAC 180-27-035.
C. "State matching credit" means the calculation set forth in Attachment A of the
District's Boeckh Index times SPI square footage per student per grade span times
state match percentage times applicable student factor.
D. "State match percentage" means the percentage of school construction costs for
which a district is eligible to receive state funding pursuant to RCW 18A.525.166 and
the rules of the State Board of Education.
E. "Tax payment credit" or "TC" means the calculation in the formula of the ~listrict's
average real property tax determined value for single-family dwelling units or multifamily
dwelling units times the district's capital property tax rate as adjusted by the current
interest rate for any bonds being retired by a capital tax and the number of years each
capital levy tax shall be imposed up to 10 years. The district's capital tax rate consists of
authorized tax levies to retire bonded indebtedness incurred for school district capital
purposes under Chapter 28A.530 RCW and school facility levies for construction,
remodeling, and modernization under RCW 84.52.053. (Ord. 5096 § 1,
Exhibit A to Ordinance No. 5233
Page 11
19.02.130 The impact fee calculation and schedule for the Kent School District.
The impact fee calculation and schedule is based upon the impact fee and
calculation for single family residences and for multi-family residences set forth in the
Kent School District's Capital Facilities Plan, dated April 1998. The calculation is the
determination of the appropriate proportionate share of the costs of public school capital
facilities needed to serve new growth and development to be funded by school impact
fees based on the factors defined in ACC 19.02.020.
Per Sinqle Family
Dwelling Unit
Per Multi Famih~
Dwe n.q Unit
Fee Calculation: $7,488.10 $3,776.80
Maximum Fee
Obligation: $2,500.00 $1,000.00
The Fee Ob ~lation: Total Unfunded Need x 50%
G\PATTI\CHAPTER19-KE NT
Exhibit A to Ordinance No. 5233
Page 12