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Home My WebLink About5261 ORDINANCE NO. 5 2 6 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 19.02.070 ENTITLED "FEE COLLECTION" CONTAINED IN CHAPTER 19.02 ENTITLED "SCHOOL IMPACT FEES" TO CLARIFY SUBSECTIONS (A), (B), (C), AND (D) AND AMENDING SECTION 19.02.080 ENTITLED "EXEMPTIONS" TO CLARIFY SUBSECTION (A). WHEREAS, the Aubum City Council approved Ordinances 5232 and 5233 on May 17, 1999 with amendments to Auburn City Code Section 19.02.070 entitled "Fee collection" which is contained in Chapter 19.02 entitled "School Impact Fees"; and WHEREAS, subsections (A), (B), (C) and (D) of Section 19.02.070 affected by those May 17, 1999 amendments need clarification; and WHEREAS, Section 19.02.080 entitled "Exemptions" which is contained in Chapter 19.02 entitled "School Impact Fees" needs clarification regarding exemptions available for senior housing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is as follows: To approve the amendments made to Auburn City Code Section 19.02.070 entitled "Fee collection" which section is contained in Chapter 19.02 Ordinance No. 5261 June 30, 1999 Page I entitled "School Impact Fees" to clarify the fee collection as provided in the attached Exhibit "A" which is by this reference incorporated herein as if fully set forth. To approve the amendments made to Auburn City Code Section 19.02.080 entitled "Exemptions" which section is contained in Chapter 19.02 entitled "School Impact Fees" to clarify exemptions for senior housing as provided in the attached Exhibit "B" which is by this reference incorporated herein as if fully set forth. Section 2. Constitutionality or Invalidity. If any provision of this Ordinance or its application to any person or circumstances is held invalid, the remainder of this Ordinance or the 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 (5) days from and after its passage, approval and publication, as provided by law. Ordinance No. 5261 June 30, 1999 Page 2 INTRODUCED: J~}' 6, 1999 PASSED: JuZy 6, 1999 APPROVED: ~ttly 6, 1999 CHARLES a. BOOTH MAYOR ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Published: Ordinance No. 5261 June 30, 1999 Page 3 EXHIBIT "A" 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 timo building pormitc am issuod, concurrent with the issuance of a building permit. The fees are based upon the adopted fee schedule and collected by the city from any applicant where such development activity requires issuance of a residential building permit or a building permit for a manufactured or mobile home building pormit located on platted lots or within manufactured/mobile home parks and the fee has not been previously paid. 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 manufactured/e~ mobile home building permits on oxic, ting lots shall pay the total amount of the impact fees assessed before the building permit is issued, using the impact fee schedules then in effect. The owner of the manufactured/mobile home park shall be responsible to pay the fee. C. The city shall not issue the required building permit or manufactured/mobile home building permit unless and until the impact fees set forth in the impact fee schedule have been paid._ Ordinance No. 5261 Exhibit "A" June 30, 1999 Page I D. The city will impose an application fee of $50.00 per single family dwelling unit and $25.00 for each multi family dwelling unit for a r.,inglo family, manufac, turod or mobile homo residenee and $25.00 per apartment, townhouc4a or oondominium 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 issurance. Ordinance No. 5261 Exhibit "A" June 30, 1999 Page 2 EXHIBIT "B" 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 proiects for the elderly, including nursing homes, retirement centers, assisted living facilities and any or other types of housing '--'n~tc projects for persons age 55 and over, which have recorded covenants or recorded declaration of restrictions precluding school-aged children as residents of those '.:'.-,!to projects. This exemption does not include individual single family homes on platted lots unless the subject plat has such recorded covenants. 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. 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 existing single-family or multifamily dwelling units; provided, that no additional dwelling units 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. Ordinance No. 5261 Exhibit "B" June 30, 1999 Page ] 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 construct 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 predate 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. Ordinance No. 5261 Exhibit "B" June 30, 1999 Page 2