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ORD 91-51 RESIDENTIAL IMPACT ON PUBLIC SCHOOL FACILITIESORDINANCE NO. C11 � S AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the impact of residential development activity on public school facilities; establishing adequacy standards for public school facilities; establishing a school impact fee formula and program; providing direction to City officials regarding application of the adequacy standards and impact fees; adding a new chapter to Title 18 of the Municipal Code; and declaring an emergency. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council finds and declares that: A. The boundaries of Bainbridge Island School District No. 303 ("School District") and the City of Bainbridge Island ("City") are coextensive. B. The student population of the School District exceeds the capacity of the school facilities. The student population in the School District is expected to increase through the year 2000. C. A portion of the growth in student population is attributable to a rapid increase in the number of residences in the City. When the actual growth rate of student enrollment exceeds the School District's projected growth rate of student enrollment, the School District will not be able to complete construction of school facilities quickly enough to provide permanent space for incoming students. As a result, students will have to be housed in portable buildings and/or in overcrowded classrooms until new school sites are obtained and permanent classrooms are constructed. D. Class size is a major factor in the quality of education. E. Existing state and local funding sources for school construction will not be sufficient to meet the demands generated by new residential development when the actual growth rate of student enrollment exceeds the School District's projected growth rate of student enrollment. F. Different and additional funding sources beyond those already in existence are needed to address the impact of residential construction on schools during periods of high growth rates. - 1 - Lh/cab/1724R 12/24/91 G. With acceptance and approval of the School District's Capital Facilities Plan by the City, the School District will have met the criteria for imposition of impact fees under the Growth Management Act, as amended ("Growth Management Act"), which specifically authorizes the City to charge such fees. H. The Growth Management Act allows the City to address accumulative impact of residential construction on schools through RCW 58.17.060 and 58.17.110. I. It is the policy of the City, as stated in its Comprehensive Plan, to coordinate the development of land with the provision of public services, including schools. Under Section 16.04.030 of the Municipal Code, the City has an obligation to coordinate the development of land with the availability of public services, such as schools, in order to mitigate the impacts of development on residents, and to consider the cumulative impacts of all development. J. This ordinance implements the 1990 Growth Management Act and the City's Comprehensive Plan policy. It also provides the framework for the collection of school impact fees. Actual implementation of the adequacy standards and the fee program in the School District will require additional actions by the City and the School District as described further in this ordinance. K. The formula adopted in this ordinance accounts for existing and expected future public funding sources for schools, including state funding and local property taxes. It assumes that these sources will continue to provide funding at least at historical levels, and specifically provides a credit for these two funding sources against the calculated impact fee. L. The revenues obtained from application of the formula will be applied against needs that are documented in the School District's Capital Facilities Plan as being necessary to meet projected future growth in student population. M. Continued approval of residential construction proposals without consideration of their impact on adopted adequacy standards of the School District has resulted in unmitigated impacts to the quality of education. The need to correct this deficiency constitutes an emergency requiring immediate application of this ordinance to protect the public health, safety and welfare. 2 - Lh/cab/1724R 12/24/91 Section 2. There is added to Title 18 of the Municipal Code a new chapter entitled "Development Impact on Public School Facilities" containing the provisions set out in Sections 3 through 11 of this ordinance. Section 3. Authority. This ordinance is adopted as an official control to implement the City's comprehensive plan policies and the Growth Management Act, and is necessary to address identified impacts of residential construction on schools in order to protect the public health, safety and welfare. Section 4. Definitions. As used in this ordinance: A. "Capacity" means the number of students that a school site and its school buildings is designed to accommodate. The capacity standard for the School District shall be adopted by the School District, but shall be derived from and shall not exceed by more than 21% the standard capacity formula of the State Board of Education in WAC Chapters 180-26 and 180-27. Any capacity standard adopted by the School District which exceeds such standard capacity formula by more than 21% shall be adjusted to meet the 21% requirement. A school facility which has been closed for more than two years due to lack of demand for the facility shall not be included in the School District's inventory for purposes of determining the School District's existing capacity. B. "Construction cost per student" means the estimated cost of construction of a school in the School District for the grade level of school to be provided, divided by the School District's design capacity for that grade level of school. C. "Grade Level" means the categories into which the School District groups its grades of students, i.e., elementary, middle or junior high school and high school. D. "Site cost per student" means the estimated cost of a site in the School District for the grade level of school to be provided, divided by the School District's design capacity for that grade level of school. E. "Student factor" means the number derived by the City and the School District to describe the number of students of each grade level that are expected to be generated by a single family or multi -family dwelling unit. Student factors shall be based on 1991 census data as updated by occupancy permits issued since the 1991 census, and the School District records of average actual students enrolled per household, per grade level. 3 - lh/cab/1724R 12/24/91 F. "Temporary facilities cost per student" means the estimated cost of purchasing and siting a temporary facility (portable classroom) in the School District for the grade level of school to be provided, divided by the School District's design capacity for temporary facilities for that grade level of school. Section 5. School Adequacy Standards. Impacts Fees - Applicability. The adequacy standards set out in this ordinance shall apply to all forms of residential construction that are subject to City review and approval and that would result in the creation of new residential building lots or the construction of new dwelling units. Reconstruction or remodeling of existing dwelling units is not subject to the provisions of this ordinance. Section 6. Findings, Recommendations and Decisions Regarding School Capacities. In reviewing applications for approvals related to or resulting in new dwelling units and/or in making a threshold determination pursuant to the State Environmental Policy Act, the City shall review the impacts on schools. The City, in the course of reviewing proposals for residential construction, including subdivisions, short subdivisions, planned unit developments, building permits, or any other proposal not cited herein resulting in an impact on schools, shall consider any documentation of capacity problems provided by the School District as presumptively valid but subject to rebuttal, and shall require or recommend phasing or provision of the needed facilities and sites as appropriate to address the deficiency or deny or condition approval as required by this ordinance and as necessary to remedy the deficiency, or recommend such denial or conditional approval, as provided for in Section 7 of this ordinance. The School District shall annually, by March 1, update its documentation of the adequacy of school facilities. This documentation shall be presumed to apply to any application made in the School District and shall be incorporated into the record of every application without requiring the School District to offer it. Section 7. School Adequacy Standards. A. School facilities shall be deemed to have adequate capacity for purposes of approval of any residential construction proposal if all of the following circumstances exist: 1. The School District has permanent facilities to house the students projected to result from the residential construction proposal without exceeding School District 4 - Lh/cab/1724R 12/24/91 class size capacity standards by more than 5%. Any facilities that have been closed for more than two years due to lack of demand for the facilities shall not be treated as available for permanent facilities until any needed remodeling can be provided. 2. The School District has the land to accommodate the permanent and portable facilities needed to serve the students projected to result from the residential construction proposal. 3. The applicant has paid any school mitigation fee required by ordinance, or payment of such fee is scheduled for payment and is adequately secured. B. If the capacity standards established by the School District are or would be exceeded with the construction of the proposed residences, the school facilities available to serve the residences shall be deemed inadequate, and the residences shall not be approved unless they are phased to meet the standards, and the impact fee authorized by this ordinance is paid in a manner timely to the needs of the School District, or the needed land or facilities are provided before or concurrently with the construction of the residences. An offer of payment of an applicable impact fee shall not be deemed sufficient if the fee cannot be used in a timely fashion to actually provide needed school facilities, and the payment shall be delayed until such time as it can be used, but shall not be forgiven unless a facility of equal value is provided. C. School adequacy standards should refer to the capital facilities plan. Section 8. Impact Fee Program Elements. A. Impact fees shall be assessed only in a calendar year in which the average growth rate of kindergarten through twelfth grade full time equivalent enrollment for the school year commencing in that calendar year and the previous five school years is greater than 2.5%. The average growth rate shall be determined by using the actual enrollment for the first five school years and the projected enrollment for the sixth school year. Where impact fees are assessed, they shall be assessed on every new dwelling unit in the School District for which a fee schedule has been established. B. Residential construction subject to payment of impact fees under voluntary agreements with the City, executed prior to adoption of the fee schedule, shall be exempt from impact fees under this ordinance. 5 - Lh/cab/1724R 12/24/91 C. The School District shall provide to the City a capital facilities plan documenting the amount of the existing and future unmet needs of the School District, estimates of the cost of providing needed schools and temporary classrooms, the School District's capacity standards for the various grade levels, and the data from the School District called for by the formula adopted in Section 9 of this ordinance. Following adoption of a school capital facilities element of the City's comprehensive plan, the City will pass an ordinance adopting the actual fee schedule. The element adopted by the City as part of its comprehensive plan shall be an interim plan; a plan meeting all of the requirements of Section 7 of the Growth Management Act shall be adopted by July 1, 1993. D. Impact fees and the formula shall be consistent with the requirements of the Growth Management Act. E. Review of fee data elements and revision of the fee schedule to reflect data changes shall occur annually after March 1 of each year. F. The ordinance adopting the fee schedule shall provide for the collection, maintenance and expenditure of impact fees in accordance with Section 46(1)-(3) of the Growth Management Act. In conjunction with the passage of such an ordinance, the City will enter into an interlocal agreement with the School District assuring that these requirements are met. G. Impact fees shall be collected as follows: 1. For long subdivisions (long plats) or planned unit developments, the full fee shall be assessed at preliminary approval, and 50% of the assessed fee shall be collected at final approval. For developments that are completed in phases, 50% of the fee attributable to each phase shall be assessed and collected at final approval of each phase. The balance of the fee shall be allocated to the dwelling units in the project and shall be collected upon issuance of building permits. 2. For short subdivisions (short plats), residential construction or existing lots or parcels, and all other residential construction, the full fee shall be assessed and collected upon issuance of building permits. 3. Arrangement may be made for later payment, with the approval of the School District, only if the School District determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security shall be provided to assure payment. 6 - Lh/cab/1724R 12/24/91 Section 9. Fee Calculation. A. Separate fees shall be calculated on single-family and multi -family dwelling units, and separate student generation rates must be determined by the School District for each. For purposes of this ordinance, mobile homes shall be treated as single family dwellings and duplexes shall be treated as multi -family dwellings. B. The fee shall be calculated based on the formula set out in Exhibit A, which includes the following: 1. The fee calculations shall be made on a district -wide basis. 2. The fee calculation shall account for any receipt of school construction funds from the State of Washington. 3. The fee calculation shall provide a credit for the anticipated tax contributions that would be made by the residential construction. Section 10. Adjustment, Appeal, Protest. A. A residential construction applicant may provide studies and data to demonstrate that any particular factor used by the School District may not be appropriately applied to the residential construction proposal. The School District's data shall be presumed valid unless clearly demonstrated to be otherwise by the applicant. B. Any appeal of school adequacy determinations or fee amounts shall follow the appeal process for the underlying permit or approval and shall not be subject to a separate appeal process. Where no other administrative appeal process is available, an appeal may be taken to the Hearing Examiner using the appeal procedures for variances. Any error in the formula identified as a result of an appeal should be referred to the City Council for possible modification of the formula. C. Impact fees may be paid under protest. Where a fee is protested, the City shall make construction pursuant to the issuance of the permit conditional upon final resolution of the protest, if failure to obtain the fee payment would otherwise require a denial or deferral of the project to meet School District adequacy standard requirements. Section 11. Credit for Improvements. Whenever residential construction is approved subject to a condition that the construction applicant actually provide a school facility acceptable to the School District, the construction applicant shall be entitled to a credit for the actual cost of providing 7 - Lh/cab/1724R 12/24/91 the facility against the fee that would be chargeable under the formula of this ordinance. The cost of construction shall be estimated at the time of approval, shall be documented, and shall be confirmed after the construction is completed to assure an accurate credit amount. If construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. Section 12. This ordinance, adopted by a majority plus one of the membership of the City Council, is a public emergency ordinance necessary for the protection of the public health, safety, property and peace, and shall take effect and be in force immediately upon its passage. PASSED by the City Council this 30th day of December, 1991. APPROVED by the Mayor this 30th day of December, 1991. Sam J. Granato, Mayor ATTEST/AUTHENTICATE: APPROVED AS TO FORM: -'7 Rod P. Kasbguma,'City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: December 30 PUBLISHED: January 5, 1992 POSTED: January 5, 1992 EFFECTIVE DATE: January 12, 1992 ORDINANCE NO.: 91-51 8 - lh/cab/1724R 12/24/91 EXHIBIT A SCHOOL IMPACT FEE FORMULA I. Impact Fee Components A. Site Cost B. Permanent Facility Cost C. Temporary Facility Cost D. Credit for State Matching Funds E. Credit for Future Tax on Existing School Debt F. Credit for Direct Contributions II. Site Cost A. "Site Cost Per Student" means the estimated cost of a site in the School District for the grade level of school to be provided, divided by the School District's design capacity for that grade level of school. Site cost shall include purchase price of the land, applicable taxes, fees, permits, and site preparation costs. Site cost per school divided by capacity = site cost per student III. Temporary Facility Cost A. "Temporary Facilities Cost Per Student" means the estimated cost of purchasing, equipping, furnishing and siting a temporary facility (portable classroom) in the School District for the grade level of school to be provided, divided by the School District's design capacity for temporary facilities for that grade level of school. Temporary facility cost shall include: purchase price of temporary facilities, additional cost necessary to transport the temporary facility to the site, furnishings and equipment, applicable taxes, fees, and permits, and other costs associated with the installation of temporary facilities for occupancy and use. Temporary facility cost facility cost per student IV. Permanent Facility Cost divided by capacity = temporary A. "Permanent Facility Cost Per Student" means the estimated cost of construction of a school in the School District for the grade level of school to be provided, divided by the School District's design capacity for that grade level of school. Permanent facility cost shall include: construction - 1 - lh/cab/1725R 12/24/91 costs, furnishings and equipment, applicable taxes, fees, permits, and other necessary costs associated with school construction. 1. Credit for State matching funds. a. When state construction matching funds are based on a percentage of local public funding and impact fee revenues, and when such funds are assured to the School District, they shall be computed as a reduction in the permanent facilities cost calculation. Permanent facility cost less State matching funds divided by capacity = permanent facility cost per student V. Total Per Student Cost Elementary site cost plus elementary temporary facility cost plus elementary permanent facility cost = elementary cost per student Middle school site cost plus middle school temporary facility cost plus middle school permanent facility cost = middle school cost per student High school site cost plus high school temporary facility cost plus high school permanent facility cost = high school cost per student VI. Cost Per Unit A. "Student Factor" means the number of students of each grade level that are expected to be generated by a dwelling unit, single-family or multi -family. Student factors shall be calculated based on the number of occupied residences, single and multi -family, established in the 1991 Winslow Census, and the number of students enrolled in the School District, by grade group and housing type, in October, 1991. Student factor numbers shall be reviewed and revised annually, based on a determination of occupied residences made by the City, and student enrollment numbers from the School District on a comparable date. Elementary cost per student times elementary student factor = elementary cost per unit Middle school cost per student times middle school factor = middle school cost per unit 2 — Lh/cab/1725R 12/24/91 High school cost per student times high school factor = high school cost per unit Elementary cost per unit plus middle school cost per unit plus high school cost per unit = fee per unit. VII. Credit for Future Tax on Existing School Debt Present value of School District non -growth school bond debt for the tax year in which the proposed project will be placed on the tax rolls as a completed product, times the project of (current average assessed valuation per single or multi -family unit, as applicable) divided by current assessed valuation for school district bond tax collection = per residence credit for future tax payment A. Credit: direct contributions. 1. The value of the direct contributions of sites, facilities or other agreed upon services shall be credited as payment toward the fee obligations of the contributor. Total fee obligation less value of contributions = net fee obligation VIII. Summary Per unit fee obligation less tax credit less direct contribution credit times 35.7% = full fee 3 - lh/cab/1725R 12/24/91