Chapter 30.66C
SCHOOL IMPACT MITIGATION

Sections:

30.66C.010    Purpose and applicability.

30.66C.020    School impact fee eligibility.

30.66C.030    Expiration of district plans.

30.66C.035    Updating of district plans.

30.66C.040    Minimum requirements for district capital facilities plans.

30.66C.045    Impact fee calculation formula.

30.66C.050    Department review and transmittal.

30.66C.055    District capital facilities plan and fee adoption.

30.66C.060    Correction of deficiencies.

30.66C.065    Delays.

30.66C.100    Fee required.

30.66C.110    Impact fee schedule - exemptions.

30.66C.120    Service areas established.

30.66C.130    Impact fee limitations.

30.66C.150    Credit for in-kind contributions/existing lots.

30.66C.160    SEPA mitigation and other review.

30.66C.200    Collection and transfer of fees.

30.66C.210    Use of funds.

30.66C.220    Refunds.

30.66C.230    Reimbursement for county administrative costs, legal expenses, and refund payments.

30.66C.300    Administrative adjustment of fee amount.

30.66C.310    Appeals of decisions - procedure.

30.66C.320    Arbitration of disputes.

30.66C.010 Purpose and applicability.

(1) The purpose of this chapter is:

(a) to ensure that adequate school facilities are available to serve new growth and development; and

(b) to require that new growth and development pay its proportionate share of the costs of new school facilities.

(2) This chapter shall apply to all development, except for the following:

(a) Development that

(i) was the subject of a prior SEPA threshold determination that resulted in the imposition of school mitigation conditions under chapter 30.66C SCC as codified prior to January 1, 1999; and

(ii) has not undergone modifications or other administrative revisions following issuance of the SEPA threshold determination. An applicant subject to a prior version of this chapter may consent in writing to the application of this chapter.

(b) Permits for attached or detached accessory apartments.

(c) Permits for remodeling or renovation.

(d) "Housing for Older Persons" as defined by 42 U.S.C. § 3607(2), when guaranteed by a restrictive covenant.

(e) Permits for temporary dwellings.

(f) Permits for new single-family detached units and duplexes constructed on legal lots created prior to May 1, 1991.

(g) Building permits for residential development on or located within:

(i) existing lots recognized through the administrative lot status process pursuant to SCC 30.41A.030 or SCC 30.41B.025;

(ii) unrecorded short plats filed with the county prior to September 12, 1972, and pursuant to SCC 30.41B.025(2); and

(iii) exempt subdivisions or large tract subdivisions, including five acre segregations pursuant to SCC 30.41A.030(1) or SCC 30.41B.025(1)(a), 20-acre segregations pursuant to 30.41A.030(2) or 30.41B.025(1)(b), and 80-acre segregations pursuant to SCC 30.41A.020(7) or SCC 30.41B.020(7).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 04-140, Jan. 12, 2005, Eff date Jan. 29, 2005)

30.66C.020 School impact fee eligibility.

(1) Any district serving the county shall be eligible to receive school impact fees upon adoption by the council of a capital facilities plan for the district by reference as part of the capital facilities element of the comprehensive plan.

(2) A condition of eligibility shall be that a district must provide documentation that it has petitioned every other city and/or county served by that district to establish a school impact fee or mitigation program.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.030 Expiration of district plans.

For purposes of impact fee eligibility, a district’s capital facilities plan shall expire two years from the date of its adoption by the council, or when an updated plan, as required in Appendix F of the comprehensive plan, is adopted by the council, whichever date first occurs.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.035 Updating of district plans.

(1) A district’s capital facilities plan shall be updated by the district and transmitted to the county by the district at least 60 days prior to its biennial expiration date. The district’s updated plan shall be submitted by the department to the council for its consideration within forty-five (45) days of the department’s receipt of complete and accurate information as required in Appendix F of the comprehensive plan. In the event any district desires to amend its capital facilities plan prior to the biennial expiration date, the district may propose an amendment to be considered by the county pursuant to the procedures established by Appendix F. Such amendments shall be considered by the county no more than once per year unless the board of directors of such district declares, and the county finds, that an emergency exists.

(2) A district’s updated capital facilities plan may include revised data for the fee calculation and a corresponding modification to the impact fee schedule, consistent with the comprehensive plan and SCC 30.66C.040 through 30.66C.065.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.040 Minimum requirements for district capital facilities plans.

To be eligible for school impact fees, districts must submit capital facilities plans to the county pursuant to the procedure established by this chapter. District capital facilities plans shall contain data and analysis necessary and sufficient to meet the requirements of the GMA and Appendix F of the comprehensive plan. The plans must provide sufficient detail to allow computation of school impact fees according to the formula contained in SCC 30.66C.045. Additional elements may be contained within a school district capital facilities plan, provided that any such additional elements are consistent with those mandatory elements outlined in Appendix F.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.045 Impact fee calculation formula.

(1) General. The formula in this section provides the basis for the impact fee schedule for each district serving the county. District capital facilities plans shall include a calculation of its proposed impact fee schedule, by dwelling unit type as provided in SCC 30.66C.100(1), utilizing this formula. In addition, a detailed listing and description of the various data and factors needed to support the fee calculation is included herein.

(2) Determination of projected school capacity needs. Each district shall determine, as part of its capital facilities plan, projected school capacity needs for the current year and for not less than the succeeding five-year period. The capital facilities plan shall also include estimated capital costs for the additional capacity needs, and those costs provide the basis for the impact fee calculations set forth in this section.

(3) Cost calculation by element. The fees shall be calculated on a "per dwelling unit" basis, by "dwelling unit type" as set forth below.

(a) Site acquisition cost element.

{[B(2) x B(3)] ÷ B(1)} x A(1) = Site Acquisition Cost Element

Where:

B(2) = Site Size (in acres, to the nearest 1/10th)

B(3) = Land Cost (Per Acre, to the nearest dollar)

B(1) = Facility Design Capacity

A(1) = Student Factor (for each dwelling unit type)

The above calculation shall be made for each of the identified grade levels (e.g. elementary, middle, junior high and/or senior high). The totals shall then be added with the result being the "Total Site Acquisition Cost Element" for purposes of the final school impact fee calculation below.

(b) School construction cost element.

[C(1) ÷ B(1)] x A(1) = School Construction Cost Element

Where:

C(1) = Estimated Facility Construction Cost

B(1) = Facility Design Capacity

A(1) = Student Factor (for each dwelling unit type)

The above calculation shall be made for each of the identified grade levels (e.g. elementary, middle, junior high and/or senior high). The totals shall then be added and multiplied by the square footage of permanent facilities divided by the total square footage of school facilities, with the result being the "Total School Construction Cost Element" for purposes of the final school impact fee calculation below.

(c) Relocatable facilities (portables) cost element.

[E(1) ÷ E(2)] x A(1) = Relocatable Facilities Cost Element

Where:

E(1) = Relocatable Facilities Cost

E(2) = Relocatable Facilities Student Capacity

A(1) = Student Factor (for each dwelling unit type)

The above calculation shall be made for each of the identified grade levels (e.g. elementary, middle, junior high and/or senior high). The totals shall then be added and multiplied by the square footage of relocatable facilities divided by the total square footage of school facilities, with the result being the "Total Relocatable Facilities Cost Element" for purposes of the final school impact fee calculation below.

(4) Credits against cost calculation - mandatory. The following monetary credits shall be deducted from the calculated cost elements defined above for purposes of calculating the final school impact fee below.

(a) State match credit.

D(1) x D(3) x D(2) x A(1) = State Match Credit

Where:

D(1) = Boeckh Index

D(3) = Square footage of school space allowed per student, by grade span, by the Office of the Superintendent of Public Instruction

D(2) = State Match Percentage

A(1) = Student Factor (for each dwelling unit type)

The above calculation shall be made for each of the identified grade levels (e.g. elementary, middle, junior high and/or senior high). The totals shall then be added with the result being the "Total State Match Credit" for purposes of the final school impact fee calculation below.

(b) Tax payment credit.

{

{[(1 + F(1))^10] -1}

}

x F(2)] x F(3)= Tax Credit

{F(1)(1+F(1))^10}

Where:

F(1) = Interest Rate

F(2) = District Property Tax Levy Rate

F(3) = Average Assessed Value (for each dwelling unit type)

(5) Adjustments against cost calculation - elective by district. Recognizing that the availability of other sources of public funds varies among districts, each district may provide an additional credit against school impact fees which the district determines will provide the best balance in system improvement funding within the district, between school impact fees and other sources of local public funds available to the district. This adjustment may reduce, but may not increase, the school impact fee from the amount determined by application of the elements identified above. The adjustment, if any, applied by the district shall be specified within the district’s capital facilities plan adopted by the county.

(6) Calculation of total impact fee.

(a) The total school impact fee, per dwelling unit, assessed on a development activity shall be the sum of:

Total Site Acquisition Cost Element

Total School Construction Cost Element

Total Relocatable Facilities Cost Element minus the sum of:

Total State Match Credit

Total Tax Payment Credit

Elective Adjustment by District expressed in Total Dollars per Dwelling Unit, by Dwelling Unit Type.

(b) The total school impact fee obligation for each development activity pursuant to the school impact fee schedule of this ordinance shall be calculated as follows:

Number of Dwelling Units, by Dwelling Unit Type multiplied by School Impact Fee for Each Dwelling Unit Type less the value of any in-kind contributions proposed by the school developer and accepted by the school district, as provided in SCC 30.66C.150.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 15-005, March 18, 2015, Eff date April 2, 2015)

30.66C.050 Department review and transmittal.

(1) Upon receipt of a district’s capital facilities plan (or amendment thereof) the department shall determine whether the plan meets the following requirements:

(a) the required plan contents and plan performance criteria outlined in Appendix F of the comprehensive plan are included in the document;

(b) The analysis contained within the district capital facilities plan is consistent with current data developed pursuant to the requirements of the GMA and Appendix F;

(c) Any school impact fee proposed in the district’s capital facilities plan has been calculated using the formula contained in SCC Table 30.66C.050(1) of this chapter; and

(d) The district capital facilities plan has been adopted by the district’s board of directors.

(2) Upon finding that these requirements have been satisfied, the department shall transmit the district capital facilities plan to the planning commission.

(3) The director is authorized to adopt policies and procedures for the establishment and operation of a technical review committee to assist the department in its review of capital facilities plans and the student factor methodologies used to support the plans.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.055 District capital facilities plan and fee adoption.

Any school district capital facilities plan adopted by the county council shall be incorporated into the capital facilities element of the county’s comprehensive plan. Adoption of the district capital facilities plan shall constitute adoption of the schedule of school impact fees specified in the district’s capital facilities plan as modified by SCC 30.66C.100.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.060 Correction of deficiencies.

Prior to its adoption by the council, should the department find a district’s capital facilities plan to be deficient in any way, the department shall notify the district of the deficiency, identifying the specific matters found to be deficient, and shall indicate the standard for correction. The district shall then have forty-five (45) days (or such longer period as may be necessary to comply with applicable legal requirements) to correct the deficiencies and resubmit its revised, adopted capital facilities plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.065 Delays.

If a district fails to submit its biennial update of the district capital facilities plan at least 60 days before the expiration date, or if the department notifies a district of deficiencies in the district’s proposed capital facilities plan and the district fails to correct identified deficiencies within 45 days (or such longer period as may be necessary to comply with applicable legal requirements), the department shall endeavor, but shall not be obligated, to complete review prior to the plan expiration date. If an updated district capital facilities plan has not been adopted by the council prior to the existing plan’s expiration date due to the district’s failure to submit an updated plan, the district shall be ineligible to receive school impact fees until the updated plan has been adopted by the council.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.100 Fee required.

(1) Each development, as a condition of approval, shall be subject to the school impact fee established pursuant to this chapter. The school impact fee shall be calculated in accordance with the formula established in SCC 30.66C.045.

(2) The fees listed in Table 30.66C.100(1) represent one-half of the amount calculated by each school district in its respective capital facilities plan in accordance with the formula identified in SCC 30.66C.045. From January 1, 2017, to January 1, 2018, school impact fees listed in Table 30.66C.100(1) shall be limited to a maximum of $7,000 per dwelling unit.

(3) The payment of school impact fees will be required prior to issuance of building permits, except as provided in SCC 30.66C.200(2). The amount of the fee due shall be based on the fee schedule in effect at the time of building permit application.

(4) The department shall maintain and provide to the public upon request a table summarizing the schedule of school impact fees for each school district within the county.

(5) The fees set forth in Table 30.66C.100(1) apply to developments that vest to county development regulations from January 1, 2017, to December 31, 2018.

(6) Building permits submitted after January 1, 1999, for which prior plat approval has been obtained under chapter 30.66C SCC as codified prior to January 1, 1999, shall be subject to the school impact fees established pursuant to this chapter, as set forth in this section, except as provided in SCC 30.66C.010(2).

 

Table 30.66C.100(1)

SCHOOL IMPACT MITIGATION FEES 

SCHOOL DISTRICT

SINGLE FAMILY

per dwelling unit

MULTI-FAMILY

1-BEDROOM

per dwelling unit

MULTI-FAMILY

2+ BEDROOMS

per dwelling unit

DUPLEXES AND TOWNHOMES

per dwelling unit

Arlington No. 16

$0

$0

$0

$0

Edmonds No. 15

$0

$0

$0

$0

Everett No. 2

$6,950

$0

$3,230

$3,230

Lake Stevens No. 4

$6,624

$0

$3,678

$3,678

Lakewood No. 306

$857

$0

$1,037

$1,037

Marysville No. 25

$1,552

$0

$2,096

$2,096

Monroe No. 103

$2,749

$0

$3,032

$3,032

Mukilteo No. 6

$4,275

$0

$2,972

$2,972

Northshore No. 417

$7,000

$0

$0

$0

Snohomish No. 201

$0

$0

$0

$0

Sultan No. 311

$1,501

$0

$2,133

$2,133

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 03-033, April 9, 2003, Eff date April 21, 2003; Amended Ord. 04-118, Nov. 23, 2004, Eff date Jan. 1, 2005; Ord. 05-108, Nov. 21, 2005, Eff date Jan. 1, 2006; Amended by Amended Ord. 06-086, November 20, 2006, Eff date Jan. 1, 2007; Amended Ord 08-058, May 7, 2008, Eff date May 19, 2008; Amended by Amended Ord. 08-115, Nov. 5, 2008, Eff date Jan. 1, 2009; Amended by Ord. 10-097, Nov. 22, 2010, Eff date Jan. 1, 2011; Amended by Ord. 12-093, Nov. 19, 2012, Eff date Jan. 1, 2013; Amended by Ord. 14-053, Aug. 27, 2014, Eff date Sept. 13, 2014; Amended by Ord. 14-096, Nov. 24, 2014, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-060, Aug. 24, 2016, Eff date Sept. 12, 2016; Amended by Amended Emergency Ord. 16-117, Nov. 14, 2016, Eff date Nov. 14, 2016; Amended by Amended Ord. 16-095, Nov. 14, 2016, Eff date Jan. 1, 2017; Amended by Ord. 17-047, Aug. 9, 2017, Eff date Aug. 27, 2017)

30.66C.110 Impact fee schedule - exemptions.

The council may, on a case-by-case basis, grant exemptions to the application of the fee schedule for low-income housing as defined in SCC 30.91H.220 and in accordance with the conditions specified under RCW 82.02.060(2). To qualify for the exemption, the developer shall submit a petition to the director for consideration by the council prior to application for building permit. Conditions for such approvals shall meet the requirements of RCW 82.02.060(2) and include a requirement for a covenant to assure the project’s continued use for low-income housing. The covenant shall be an obligation that runs with the land upon which the housing is located, and shall be recorded against the title of the real property.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 15-005, March 18, 2015, Eff date April 2, 2015)

30.66C.120 Service areas established.

For purposes of calculating and imposing school impact fees, the geographic boundary of each district constitutes a separate service area.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.130 Impact fee limitations.

(1) School impact fees shall be imposed for district capital facilities that are reasonably related to the development under consideration, shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the development, and shall be used for system improvements that will reasonably benefit the new development.

(2) School impact fees must be expended or encumbered for a permissible use within six years of receipt by the district.

(3) To the extent permitted by law, school impact fees may be collected for capital facilities costs previously incurred to the extent that new growth and development will be served by the previously constructed capital facilities, provided that school impact fees shall not be imposed to make up for any existing system deficiencies.

(4) A developer required to pay a fee pursuant to RCW 43.21C.060 for capital facilities shall not be required to pay a school impact fee pursuant to RCW 82.02.050 - .090 and this title for the same capital facilities.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.150 Credit for in-kind contributions/existing lots.

(1) A developer may request, and the director may grant a credit against school impact fees otherwise due under this chapter for the value of any dedication of land, improvement to, or new construction of any capital facilities identified in the district’s capital facilities plan provided by the developer. Such requests must be accompanied by supporting documentation of the estimated value of such in-kind contributions. All requests must be submitted to the department in writing prior to its determination of the impact fee obligation for the development. Each request for credit will be immediately forwarded to the affected school district for its evaluation.

(2) Where a school district determines that a development is eligible for a credit for a proposed in-kind contribution, it shall provide the department and the developer with a letter setting forth the justification for and dollar amount of the credit, the legal description of any dedicated property, and a description of the development activity to which the credit may be applied. The value of any such credit may not exceed the impact fee obligation of the development.

(3) Where there is agreement between the developer and the school district concerning the value of proposed in-kind contributions, their eligibility for a credit, and the amount of any credit, the director may approve the request for credit and adjust the impact fee obligation accordingly, and require that such contributions be made as a condition of development approval. Where there is disagreement between the developer and the school district regarding the value of in-kind contributions, however, the director may render a decision that can be appealed by either party pursuant to the procedures in SCC 30.66C.300 - 30.66C.310.

(4) For any development subject to the provisions of this title that is sited on one or more legal lots created prior to May 1, 1991, a credit equal to the applicable impact fee for a single-family dwelling times the number of such pre-existing lots shall apply to the fee obligation of the development.

(5) For subdivisions, PRDs and other large-scale developments where credits for in-kind contributions or pre-existing lots are proposed or required, it may be appropriate or necessary to establish the value of the credit on a per-unit basis as a part of the development approval. Such credit values will then be recorded as part of the subdivision or other instrument of approval and will be used in determining the fee obligation - if any - at the time of building permit application for the development activity. In the event that such credit value is greater than the impact fee in effect at the time of permit application, the fee obligation shall be considered satisfied, and the balance of the credit may be transferable to future developments by the applicant within the same school district by agreement with the school district.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.160 SEPA mitigation and other review.

(1) The county may condition or deny development approval pursuant to the SEPA as necessary or appropriate to mitigate or avoid significant adverse impacts to school services and facilities, to assure that appropriate provisions are made for schools, school grounds, and safe student walking conditions, and to ensure that development is compatible and consistent with each district’s services, facilities and capital facilities plan.

(2) Impact fees required by this chapter shall constitute adequate mitigation for impacts on capital facilities identified in the district’s capital facilities plan; except that nothing in this chapter prevents issuance of a determination of significance under SEPA and conditioning or denial of the project based on specific adverse environmental impacts identified during project review.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.200 Collection and transfer of fees.

(1) An applicant must pay school system impact fees prior to building permit issuance, except as provided in subsection (2) of this section.

(2) An applicant may request a deferral of the payment of school impact fees. The deferral of school impact fees shall be allowed only for single-family attached and detached residential construction by a property owner having a contractor registration number or other unique identification number. The amount of impact fees that may be deferred under this subsection shall be determined by the fees in effect at the time the applicant applies for a deferral.

(a) For this subsection:

(i) "Applicant" means the property owner which includes an entity that controls, is controlled by, or is under common control with the applicant.

(ii) "Common control" means two or more entities controlled by the same person or entity.

(iii) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise.

(b) An applicant wishing to defer the payment of a school impact fee shall:

(i) Submit a signed and notarized deferred impact fees application and completed lien form signed by all owners of the property subject to the lien concurrent with the building permit application for the building subject to the impact fees. Multiple deferrals can be included on one application as long as the building permit applications are located within the same development and the applicant pays a separate administrative fee as required below for each single-family dwelling unit whether detached or attached;

(ii) Submit a signed and notarized certification that the applicant has requested deferral of impact fees for no more than a total of 20 building permits in the calendar year within unincorporated Snohomish County; and

(iii) Pay a non-refundable $250.00 administration fee for each deferred impact fee application.

(c) The lien shall:

(i) Be in a form approved and provided by the county;

(ii) Include the legal description, property tax account number, and address for each lot or unit the lien will encumber and identify the type and amount of the deferred impact fees;

(iii) Be binding and subordinate on all successors in title after the recording;

(iv) Be junior and subordinate to a first mortgage for the purpose of construction upon the same real property granted to the applicant who applied for the deferral of impact fees, but in no case shall the lien be in less than second place; and

(v) Be signed by all owners of the property, with all signatures acknowledged as required for a deed.

(d) The lien shall be recorded prior to the issuance of the building permit for the building subject to the impact fees.

(e) Each applicant eligible to defer impact fees shall only be entitled to receive deferrals for no more than a total of 20 building permits in unincorporated Snohomish County during each calendar year.

(f) The applicant or property owner shall be responsible for the payment of recording fees.

(g) The deferred impact fees for each single-family dwelling unit whether detached or attached shall be paid in full prior to whichever of the following occurs first:

(i) Scheduling final inspection;

(ii) Issuance of a certificate of occupancy;

(iii) The closing of the first sale of the property occurring after the recording of the lien; or

(iv) Eighteen months from the date of building permit issuance.

(h) If the building for which the deferral of the impact fees is requested will be located within a subdivision or short subdivision, the subdivision or short subdivision shall be recorded prior to recording the lien for impact fees and issuance of the building permit.

(i) Upon receipt of final payment of all deferred impact fees for a building permit, the county shall execute a release of the deferred impact fee lien. The applicant or property owner is responsible for submitting a lien release application to PDS. The applicant, at their own expense, will be responsible for recording the lien release after all deferred impact fees associated with a lot or unit subject to a lien have been paid.

(j) Compliance with the requirements of the deferral option shall constitute compliance with subdivision or short subdivision conditions pertaining to the timing of the impact fee payment.

(k) If deferred impact fees are not paid in accordance with terms authorized by state law and this section, the county may initiate foreclosure proceedings for the unpaid impact fees and all costs associated with the collection of the unpaid impact fees.

(l) A request to defer school impact fees under this section may be combined in one application with a request to defer park and recreation impact fees under SCC 30.66A.020(4) and road system impact fees under SCC 30.66B.340(5).

(3) Districts eligible to receive school impact fees collected by the county shall establish an interest-bearing account separate from all other district accounts. The county shall deposit school impact fees in the appropriate district account within 10 days after receipt, and shall provide the receiving district with a notice of deposit.

(4) Each district shall institute a procedure for the disposition of impact fees and providing for annual reporting to the county that demonstrates compliance with the requirements of RCW 82.02.070, and other applicable laws.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 16-060, Aug. 24, 2016, Eff date Sept. 12, 2016)

30.66C.210 Use of funds.

(1) School impact fees may be used by the district only for capital facilities that are reasonably related to the development for which they were assessed and may be expended only in conformance with the district’s adopted capital facilities plan.

(2) In the event that bonds or similar debt instruments are issued for the advance provision of capital facilities for which school impact fees may be expended, and where consistent with the provisions of the bond covenants and state law, school impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the capital facilities provided are consistent with the requirements of this title.

(3) The responsibility for assuring that school impact fees are used for authorized purposes rests with the district receiving the school impact fees. All interest earned on a school impact fee account must be retained in the account and expended for the purpose or purposes for which the school impact fees were imposed, subject to the provisions of SCC 30.66C.220 below.

(4) Each district shall provide the county an annual report showing the source and the amount of school impact fees received by the school district and the capital facilities financed in whole or in part with those school impact fees.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.220 Refunds.

(1) School impact fees not spent or encumbered within ten years after they were collected shall be refunded pursuant to RCW 82.02.080(1). For purposes of this chapter, "encumbered" means school impact fees identified by the district to be committed as part of the funding for capital facilities for which the publicly funded share has been assured, development approvals have been sought or construction contracts have been let.

(2) When the county seeks to terminate any or all impact fee requirements under this section, all unexpended or unencumbered funds, including interest earned, shall be refunded in accordance with RCW 82.02.080(2).

(3) Refunds provided for under this section shall be paid only upon submission of a proper claim pursuant to county claim procedures. Such claims must be submitted within one year of the date the right to claim the refund arises, or the date that notice is given, whichever is later.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012)

30.66C.230 Reimbursement for county administrative costs, legal expenses, and refund payments.

Each participating school district shall enter into an agreement with the county for reimbursement of the actual administrative costs of assessing, collecting and handling fees for the district, any legal expenses and staff time associated with defense of this chapter against district-specific challenges, and payment of any refunds provided under SCC 30.66C.220.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.300 Administrative adjustment of fee amount.

(1) Within 14 days of acceptance by the county of a building permit application, a developer or school district may appeal to the director for an adjustment to the amount of or an elimination of fees imposed under this chapter by submitting a written explanation of the basis for the appeal. The director may adjust the amount of or eliminate the fee, in consideration of studies and data submitted by the developer and the affected school district, if one of the following circumstances exists:

(a) The school impact fee assessment was incorrectly calculated;

(b) Unusual circumstances exist that demonstrate the school impact fee is unfair as applied to the specific development;

(c) A credit for in-kind contributions by the developer, as provided for under SCC 30.66C.150 above, is warranted;

(d) Any other credit specified in RCW 82.02.060(1)(b) is warranted; or

(e) The school impact fee assessment was improper under RCW 82.02.020 or RCW 82.02.050 et seq.

(2) To avoid any delay pending resolution of the appeal, school impact fees may be paid under written protest in order to obtain development approval. Such written protest must be submitted at or prior to the time fees are paid, and will relate only to the specific fees identified in the protest. Failure to provide such written protest at the time of fee payment shall be deemed a withdrawal of any appeal to the director.

(3) Failure to file a written protest and to seek a timely appeal to the director shall preclude any appeal of the school impact fee pursuant to SCC 30.66C.310.

(4) Refunds approved under this section, or following an administrative appeal as provided in SCC 30.66C.310, shall be made to the current property owner at the time the refund is authorized, unless the current property owner releases the county and the school district from any obligation to refund the current property owner.

(5) The developer or the school district may appeal the director’s decision as provided in SCC 30.66C.310(1).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.310 Appeals of decisions - procedure.

(1) Any person aggrieved by a decision to impose, impose modifications, or waive an impact fee under this chapter may appeal the decision to the hearing examiner. Where there is an administrative appeal process for the underlying development approval, appeals of an impact fee under this chapter must be combined with the administrative appeal for the underlying development approval. Where there is no administrative appeal for the permit, then appeal of the impact fee shall proceed as a Type 1 appeal pursuant to chapter 30.71 SCC.

(2) The impact fee may be modified or refunded if paid under written protest in accordance with SCC 30.66C.300, upon a determination based on the application of the criteria contained in SCC 30.66C.300. Appeals shall be limited to application of the impact fee provisions to a specific development.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.66C.320 Arbitration of disputes.

With the consent of the developer and the affected district, a dispute regarding imposition or calculation of a school impact fee may be resolved by arbitration.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)