ORD 92-01 IMPACT OF RESIDENTIAL DEVELOPMENT ON PUBLIC SCHOOL FACILITIES
ORDINANCE NO. 9~-~
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to the impact of residential
development activity on public school facilities:
establishing a schedule for school impact fees:
estab~ishing an interest-bearing account for the
receipt and expenditure of school impact fees:
and adding a new chapter to Title 15 of the
Municipal Code.
WHEREAS, by Ordinance No. 91- ()/ passed on December 30,
1991, the City Council established an impact fee formula and
program for public school facilities: and
WHEREAS, by Resolution No. 91- ~/ adopted on December 30,
1991, the City Council adopted the Bainbridge Island School
District No. 303 Interim Capital Facilities Plan, dated April,
1991, as an additional element of the city's Comprehensive Plan
pursuant to Chapters 35A.63, 36.70A and 82.02 RCW: and
WHEREAS, pursuant to Chapter 82.02 RCW, the City Council
desires to establish and impose school impact fees on
development activity: now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
section 1. New Chapter. There is added to Title 15 of the
Bainbridge Island Municipal Code a new chapter entitled "Impact
Fee Schedule for Public School Facilities" containing the
provisions set out in sections 2 through 9 of this Ordinance.
section 2. Authority. This Ordinance is adopted as an
official control to implement the City's Comprehensive PI~
Policies, the Growth Management Act, and Ordinance No. 91- ~,
with regard to the impact of development activity on the
facilities of Bainbridge Island School District No. 303
("School District"), and is necessary to protect the public
health, safety and welfare.
section 3. Fee Schedule: Credit.
A. When authorized under Ordinance No. 91- ~, impact
fees for the impact of development activity on pUblic school
facilities shall be $2,240.00 per single family dwelling unit
and $700.00 per mUlti-family dwelling unit (See calculations
set forth on Exhibit A). No impact fees shall be imposed
(1) for reconstruction or remodeling of existing dwelling
units, (2) for construction of new dwelling units for which
impact fees have been imposed by the city prior to the
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cab/1722R 12/30/91
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effective date of this Ordinance as mitigation under the state
Environmental Policy Act, (3) for construction of new dwelling
units for which a complete building permit application has been
filed with the City prior to the effective date of this
ordinance, or (4) for construction of new dwelling units for
which impact fees have been assessed or paid under voluntary
agreements with the city. Mobile homes shall be deemed to be
single-family residences and duplexes shall be deemed to be
multi-family residences.
B. The applicant for residential construction shall be
entitled to a credit against the impact fee for the actual cost
of providing a facility that is acceptable to the School
District and required by the City as a condition of approval
for the residential construction. At the time of approval, the
applicant shall file an estimate of the cost of the facility.
Upon completion of the facility, the applicant shall file a
statement of the actual costs of the facility, together with
any supporting documentation that is requested by the city.
The actual cost shall be determined by the City based upon the
statement and documentation provided by the applicant. If the
actual cost as determined by the City is less than the impact
fee, the applicant shall pay the difference as an impact fee.
C. In determining the impact fee for proposed residential
construction, the City shall consider studies and data
submitted by the applicant in support of an adjustment to the
amount of the impact fee. The studies and data shall at
minimum address the issue of whether a factor used by the City
to calculate the impact fee may not be applied appropriately to
the proposed residential construction. The city's data
supporting the impact fee shall be presumed valid unless
clearly demonstrated otherwise by the applicant.
Section 4. Adiustment. After notice to and comment from
the School District, the city Council at its sole discretion
may adjust the impact fee where there are unusual circumstances
which make the impact fee unfair.
Section 5. Appeal. An impact fee may be appealed pursuant
to the appeal process for the underlying permit or approval and
shall not be subject to a separate appeal. Where no other
administrative appeal process is available, an appeal shall be
taken to the Hearing Examiner using the appeal procedure for
variances.
Section 6. Pavrnent.
A. The impact fee shall be paid as follows:
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1. For subdivisions or planned unit developments,
the full fee shall be assessed at preliminary approval, and 50%
of the assessed fee shall be paid at final approval. For
developments that are completed in phases, 50% of the fee
attributable to each phase shall be assessed and paid at final
approval of each phase. The balance of the fee shall be
allocated to the dwelling units in the project and shall be
paid upon issuance of building permits. Following collection
of 50% of the assessed fee, the Director of Finance and
Administrative Services shall file with the Kitsap County
Auditor a notice of the amount of the assessed fee, the amount
of the fee already collected, and the amount of the fee to be
collected upon issuance of building permits.
2. For residential construction on existing lots or
parcels and all other residential construction not covered by
section 6(A) (1) of this ordinance, the full fee as set forth in
Section 3(A) of this ordinance shall be assessed and paid upon
issuance of building permits.
B. The impact fee may be paid under protest. If an
impact fee is protested, the City shall make construction
pursuant to a building permit conditional upon final resolution
of the protest, if failure to collect the impact fee would
otherwise require a denial or deferral of the construction to
meet School District adequacy standard requirements.
c. Upon recommendation of the School District, the city
may authorize the applicant to delay payment of the impact fee
or portion thereof and to post sufficient security, as
determined by the City, for such payment. The School District
shall base its recommendation upon a determination that it will
be unable to use or will not need the payment until a later
time.
Section 7. Impact Fee Account; Reportinq.
A. There is created and established in the office of the
Director of Finance and Administrative Services a special
interest-bearing account for the receipt and payment of impact
fees imposed pursuant to this Ordinance. All interest earned
through investment of funds in the account shall be retained in
the account and expended in the same manner as impact fees.
B. The Director of Finance and Administrative Services
shall prepare an annual report for the account showing the
source and amount of funds received and earned and the school
facilities that were financed in whole or in part by impact
fees.
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section 8. Expenditure.
A. The School District shall expend the impact fees for
facilities approved by the school capital facilities element of
the City's Comprehensive Plan.
B. The School District shall expend or encumber impact
fees within six years of receipt by the City; provided, that
the School District may expend or encumber impact fees more
than six years after receipt where the City determines,
pursuant to written findings entered within the six-year
period, and based on evidence provided by the School District,
that there is an extraordinary and compelling reason for the
impact fees to be expended or encumbered more than six years
after receipt.
section 9. Refunds.
A. The current owner of property for which an impact fee
has been paid may receive a refund of the impact fee where it
has not been expended or encumbered within the six-year period
or extension thereof provided for in section 8. Impact fees
shall be considered encumbered on a first in, first out basis.
B. The City shall notify potential claimants of their
right to file an application for a refund and the deadline for
filing such an application. The notices shall be sent by first
class mail deposited with the united States Postal Service at
the addresses shown on the records of the County Auditor. The
request for a refund must be filed with the City Clerk in
writing within one year of the date on which the right to a
refund arises or the postmark date of the notice, whichever is
later.
C. Any impact fees that are not expended or encumbered
within the six-year period or extension thereof, and for which
no application for a refund has been filed within the one-year
period, shall be retained and expended in conformance with the
school capital facilities element of the City's Comprehensive
Plan.
D. The current owner of property for which an impact fee
has been paid may receive a refund of the impact fee where the
development activity has not occurred within six years of
payment and there has been no impact on School District
facilities.
E. Refunds of impact fees shall include interest, the
rate of which shall be the average rate received by the City on
its invested funds during the deposit of the impact fees.
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section 10. Effective Date. This ordinance shall take
effect and be in force five days from and after its passage,
approval, publication and posting as required by law.
,.",J ~~= 1991.
PASSED by the City council this 3~ day of DQ9Q- ,
APPROVED by the Mayor this 4 9,h day of .~...!.I..h~r , 199:&.
Sam J. Granato, Mayor
ATTEST/AUTHENTICATE:
Ralph w. Eells, City Clerk
AS TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NO.:
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cab/1722R 12/30/91
, ".
EXHIBIT A
SAMPLE CALCULATION OF SCHOOL IMPACT FEES
I. Factors
A. School impact fees are based on the following factors:
1. Cost per seat by grade: K-5, 6-8, 9-12
2. Housing type: Single-family or mUlti-family
3. Student enrollment factor by housing type and by
grade
4. Credit for future taxes for existing school debt
II. Cost Per Seat by Grade
A. The cost per seat by grade is based on the following
factors:
1. site cost
2. Permanent facility cost
3. Temporary facility cost
4. State matching funds
5. Direct contributions
6. Design capacity per facility (per School District
data)
K - 5 $12,995
6 - 8 $18,825
9 - 12 $19,465
B. The average cost of a new seat for K - 12 is $17,031.00
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III. Student Enrollment Factor by Housinq Tvpe by Grade
Sinqle Family Multi FamilY
Total Residences 5,913 1,048
Less: Vacancies (447) (66)
Occupied Residences 5,466 982
School Aged Children 3,078 183
(Per Winslow Annexation Census
of January, 1991)
Student Enrollment as of
January, 1991 2,801 167
K - 5 48.8% 1,367 81
6 - 8 23.7% 664 40
9 - 12 27.5% 770 46
(Per School District data)
Student Enrollment Factor by Grade
(K - 5)
1,356 divided by 5,466 = .2501 81 divided by 982 = .0825
(6 - 8)
664 divided by 5,466 = .1215 40 divided by 982 = .0407
(9 - 12)
770 divided by 5,466 = .1409 46 divided by 982 = .0468
Student enrollment data combined with census data demonstrates
that as of January, 1991, there were 0.5125 students enrolled
in public school per single-family dwelling unit and 0.17
students enrolled in public school per mUlti-family dwelling
unit. Therefore, on average, two single family swelling units
produce one student and six mUlti-family dwelling units produce
one student.
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IV. School Impact Fee Formula
Sinqle FamilY Multi Family
Average Cost for a Seat $17,031 $17,031
Student Enrollment Factor 0.5125 0.1700
Seat Cost Multiplied by
Student Enrollment Factor $ 8,728 $ 2,895
Credit for Future Taxes for
Existing School Debt ($1,726) ($ 732)
SUB TOTAL: $ 7,002 $ 2,163
32/68 Share Between Housing Type
and Community $ 2,240 $ 692
TOTAL ROUNDED OFF: $ 2,240 $ 700
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cab/1723R 12/30/91
T '.',
INSLEE, BEST, DOEZIE ~ RYDER, P.S.
ATTORNEYS AT LAW
Deborah S Berg'" 2340 130th Avenue NE Rod P Kaseguma
David A Best Building 0 Rosemary A Larson
Jerome D. Carpenter PO. Box C-90016 David J. Lawyer
Richard U Chapin Bellevue, Washington 98009-9016 William J. lindberg, Jr
Don E. Dascenzo John W Milne
Thomas H. De Buys (206) 455-1234 PatriCia A Murray
Peter A Deming Fax (206) 885-5101 Ross Radley
Michael Doezle John F Rodda'"
Thomas H. Grimm" Stephen D. Rose'
Henry R. Hanssen. Jr. Michael P Ruark
Sarah L. Hunter Milan Gail Ryder
Evan E. Inslee John F. Sullivan'
William C. IrVine December 30, 1991 James S. Turner
Joe E. Wishcamper
. Also Admitted In Alaska Please respond to:
** Also Admitted In California
h. Also Admitted In Oregon
VIA FACSIMILE
Sam J. Granato, Mayor
Members of the City Council
City of Winslow
625 Winslow Way East
Winslow, Washington 98110
Re: School Impact Fees (Final Version of Ordinances and
Resolutions)
Dear Mayor Granato and Members of the City Council:
This letter encloses the following four documents, all
dated December 30, 1991:
l. An ordinance establishing the formula and program for
school impact fees,
2. A resolution adopting the School District Interim
Capital Facilities Plan as an element of the City's
Comprehensive Plan. (The Interim Capital Facilities Plan
includes, as attachments, a document entitled "District
Standards" (class size, classroom definition, existing
practical capacity of buildings, and practical acres per site)
and page 33 of the BIEA Collective Bargaining Agreement dated
August, 1989, entitled "Class Size").
3. An ordinance establishing the fee schedule for school
impact fees.
4. A resolution authorizing the Mayor to appoint a
committee to make recommendations concerning exemptions from
school impact fees.
The two resolutions are changed from the versions sent to you
by letter dated December 26, 1991. The changes to the two
ordinances are explained in the following paragraphs.
r ...
Sam J. Granato, Mayor
Members of the City Council
City of Winslow
December 30, 1991
Page 2
with respect to the ordinance relating to the school impact
fee formula and program, the changes are as follows:
I. Sections 1 (B) , (C) , (E) , (F): These Sections return
to the language of the Planning Agency ordinance.
2. section l{M): The last sentence of the previous draft
ordinance has been eliminated because the enclosed ordinance
does not have an emergency ending.
3. section 4(A): The definition of "capacity" in the
Planning Agency ordinance has been inserted again.
4. Sections 7(A) (1) and 8(A): The language of the
Planning Agency ordinance has been inserted again.
5. section 8(E): The language of this Section has been
amended to provide that the Director of Finance and
Administrative Services, in consultation with a School District
representative, shall annually, before March 1, review
information necessary to update the amounts associated with the
impact fee components and, within 45 days, forward a
recommended revised fee schedule to the City Council.
6. sections 8(G) (1) and (2): These sections have been
amended to provi~e that fees for short subdivisions shall be
paid 50% on final approval and 50% on issuance of building
permits. section 8(G) (1) also has been amended to require the
Director of Finance and Administrative Services to file a
notice of the assessed fee and the fee remaining to be
collected upon issuance of building permits.
7. section 12: This Section has been amended to
eliminate the emergency ending.
8. Exhibit A: The Summary has been amended to state that
the preliminary amount is multiplied by 32% rather than 35.7%.
Regarding the ordinance establishing a fee schedule, the
following changes have been made to the December 24, 1991,
draft ordinance:
1. section 3(A): The words "for a calendar year" have
been eliminated from the first clause and the amount of the fee
has been changed f~om $2,250.00 to $2,240.00 to correspond to
the revised calculations set forth on Exhibit A.
, -
Sam J. Granato, Mayor
Members of the City Council
City of Winslow
December 30, 1991
Page 3
2. section 4:: This section has been amended to provide
that the City Conncil must give notice to and receive comments
from the School District prior to adjusting an impact fee.
3. section 6:A): This section has been amended to
provide that 50% of the assessed fee shall be paid at final
approval for short subdivisions. This Section also has been
amended to require the Director of Finance and Administrative
Services to file a notice of the assessed fee and of the fee
remaining to be collected upon issuance of building permits.
4. section 10: This Section has been amended to
eliminate the emergency ending.
5. Exhibit A (Sample Calculation of School Impact
Fees) : The two columns of the last section entitled "School
Impact Fee Formula" have been amended as follows:
a. The credit for future taxes for existing school
debt has been changed to $1,726.00 for single-family dwellings
and $732.00 for mUlti-family dwellings.
b. The subtotal correspondingly has been changed to
$7,002.00 for single-family units and $2,163.00 for
mUlti-family units.
c. The share between housing type and community have
been changed from 34/66 to 32/68, resulting in a single-family
amount of $2,240.00 and a mUlti-family amount of $692.00.
d. The rounded off figures are now $2,240.00 for
single-family units and $700.00 for mUlti-family units.
Please remember to pass and adopt the documents in the
order set forth in the first paragraph of this letter.
Sincerely,
I DOEZIE & RYDER, P.S.
INS LEE" BEST,
/I I .,
{jf;L
/ '-'
4'{od P. Kaseguma
RPK: cab/1728R
cc: Lynn Nordby, City Administrator
Stephanie Warren, Director of
Planning and Community Development
Enclosures
T ."
~--_.._._.._-- -- --- -~-_._-
INSLEE, BEST, DOEZIE ~ RYDER, P.S.
ATTORNEYS AT LAW
Deborah S. Berg'" 2340 130th Avenue N.E. Rod P Kaseguma
David A. Best Building 0 Rosemary A. Larson
Jerome D Carpenter PO. Box C-90016 David J. Lawyer
Richard U Chapin Bellevue, Washington 98009-9016 William J. lindberg, Jr.
Don E. Dascenzo John W Milne
Thomas H. De Buys (206) 455-1234 PatriCia A Murray
Peter A Deming Fax (206) 885-5101 Ross Radley
Michael Doezle John F. Rodda'"
Thomas H. Grimm" Stephen D. Rose'
Henry R. Hanssen, Jr. Michael P Ruark
Sarah L. Hunter Milan Gail Ryder
Evan E Inslee John F. Sullivan'
William C. IrVine December 26 1991 James S. Turner
, Joe E. Wlshcamper
. Also Admitted In Alaska Please respond to:
.. Also Admitted In California
H+ Also Admitted In Oregon
t.~: ;1t~./AAr1) V
VIA FACSIMILE ~ 7z, v'
~ttJ~/
~/
Sam J. Granato, Mayor
Members of the city council
city of Winslow
625 Winslow Way East
Winslow, Washington 98110
Re: School Impact Fees
Dear Mayor Granato and Members of the City Council:
In accordance with instructions and proposed language
provided by Councilmembers Richard Bowen (See enclosed
memorandum from Mr. Bowen to me dated December 26, 1991) and
Ben Dysart, enclosed are the following four documents:
1. An ordinance establishing the formula and program for
school impact fees.
2. A resolution adopting the School District Interim
Capital Facilities Plan as an element of the City's
Comprehensive Plan.
3. An ordinance establishing the fee schedule for school
impact fees.
4. A resolution authorizing the Mayor to appoint a
committee to make recommendations concerning exemptions from
school impact fees.
The ordinance relating to the school impact fee formula and
program is substantially similar to the ordinance presented to
the City Council by the Planning Agency, but includes the
following amendments (as well as a few necessary grammatical
V
, -
Sam J. Granato, Mayor
Members of the city council
December 26, 1991
Page 2
and city name change amendments) to incorporate the motion
adopted by the city council on December 19, 1991, and comments
and suggestions provided by Richard Bowen and Ben Dysart:
1. section l(B): This section has been amended to state
that the entire student population, rather than just the
elementary school population, exceeds the capacity of the
school facilities.
2. section l(C): This section has been changed to state
that the School District will be unable to complete
construction of school facilities in a timely manner whenever
the actual growth rate of school enrollment exceeds the School
District's projected growth rate of student enrollment.
3. section l(E): This Section eliminates the reference
in the previous draft to State matching funds and substitutes a
statement regarding the inadequacy of State and local funding
sources for school construction whenever the actual growth rate
of student enrollment exceeds the projected growth rate of
student enrollment.
4. section l(F): The clause "during periods of high
growth rate" has been added to this section.
5. section l(J): The second sentence has been changed to
provide that the ordinance provides the framework for
collection of school impact fees, rather than a mechanism for
the School District to request the collection of school impact
fees.
6. section 4(A): This section changes the definition of
"capacity" to provide that the School District shall adopt a
capacity standard, but places restrictions on the capacity
standard and requires it to be consistent with the State Board
of Education standards and WAC Chapters 180-26 and 180-27.
This section also adds a requirement that a school facility
which has been closed for more than two years due to lack of
demand shall not be included in the School District's
determination of existing capacity.
7. section 4(E): This section has been amended to
provide that student factors shall be updated by residential
occupancy permits issued since the 1991 census.
8. Section 5: The exemptions for nursing homes,
retirement centers and low income housing have been deleted
from this section.
T -
Sam J. Granato, Mayor
Members of the City Council
December 26, 1991
Page 3
9. section 7(A) (1): The concept of "appropriate grade
level groupings" in the previous draft has been deleted and a
5% over capacity requirement has been added.
10. section 8(A): The so called "trigger mechanism" has
been inserted as the first two sentences of this section.
11- section 8(G): This section has been amended to
provide that impact fees are assessed and collected upon
issuance of building permits except for long subdivisions,
planned unit developments and developments that are completed
in phases, in which cases, 50% of the assessed fee is collected
at final approval of the development or phase and 50% is
collected upon issuance of building permits.
12. Exhibit A: The summary has been amended to provide
that the full fee is a specified amount multiplied by 35.7%.
In addition, the reference in the previous draft relating to
the number of bedrooms has been eliminated.
with respect to the Resolution adopting the School
Facilities element of the City's Comprehensive Plan, no
material changes have been made to the Resolution presented by
the Planning Agency to the City Council.
Regarding the Ordinance establishing the fee schedule, the
following changes have been made to the Ordinance presented by
the Planning Agency to the city Council:
1. section 3(A): A clause has been added at the
beginning of the section to provide that the impact fees will
be $2,250.00 per single-family dwelling unit and $700.00 for
multi-family dwelling unit only where the fees are authorized
in any calendar year, pursuant to the so called "trigger
mechanism".
Also, the exemption for construction of nursing homes and
retirement centers has been eliminated.
2. section 6(A): This section has been amended to
provide that payment shall be made consistent with the formula
ordinance.
3. A new Exhibit A regarding calculation of school impact
fees has been attached to the Ordinance to explain the method
by which the impact fees have been calculated (this Exhibit is
T .',
Sam J. Granato, Mayor
Members of the City Council
December 26, 1991
Page 4
based upon the document entitled "School Impact Fees" ,
distributed by Councilmember Richard Bowen at the December 19,
1991, city council meeting as amended in the enclosed
memorandum) .
Finally, with regard to the Resolution authorizing the
Mayor to appoint a committee, the Resolution follows the motion
adopted by the City council on December 19, 1991, and
emphasizes that the exemptions to be recommended by the
Committee to the City Council must be consistent with
RCW 82.02.060, which authorizes certain exemptions from impact
fees.
Please remember that the ordinances and resolutions should
be adopted in the order set forth in the first Paragraph of
this letter.
I will be out of the office on Friday, December 27, 1991.
If you would like any changes to the documents on Friday,
December 30, 1991, please call my secretary, Cheral Burton, and
request changes to be typed and returned to you that day. I
will call one or more of you on Monday, December 30, to
coordinate typing of the final version of the documents to be
considered by the City council on that evening.
Sincerely,
INSLEE, BEST, DOEZIE & RYDER, P.S.
.! i
f:/A7{
'_ ...'c:> - (:iJ
Rod P. Kaseguma
RPK:cab
1726R
cc: Lynn Nordby, City Administrator
Stephanie Warren, Director of Planning
and Community Development
Enclosure
T ..
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S<J THe: fJe ~~C CA-,..j.. ~.t;.~ Mo~__.TIt_~__, .V.4{IQyS .f?!~ro~_~...,.~~~~___.
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fe~:rE,-T& .)~ __.~~\..~~..___ Qf ')5_ ....~9.~~_~~~~,lS~____-_.-. ,_. -...._-
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r
12/26/1991 12:29 FROM RUDRO TRRUEL TO 12068855101 P. 01
.
1 School impact fees should be based on the following factors:
,
1. Cost per seat by grade - K-5, 6-8. 9-12
j 2. Housing type - single family vs multi family
3. Student enrollment factor by housing type by grade
,
I
4. Credit for future tax on existing school debt
r. ~.&t \l8Ige Hiler MU. 8ft a.Jj re ,:~ .,..~ ... ..~t
The cost per seat by grade is calculated by factoring in the following components:
1. Site cost
2. Permanent facility cost
3. Temporary facility cost
4. State matching funds
5. Direct contributions
6. Design capacity per facility
K - 5 $12,995 *
6-8 $18,825 *
9 - 12 $19,465 *
The average cost of a new seat for K - 12 is $17,031.
* Per letter from Dr. Fred Grimm, President, Bainbridge Island School District
No. 303 to Mr. Wa)1le Daley, Chairman, Winslow Planning Agency dated
August 8, 1991.
Itdardc.a.- ~1I.1991 1
! I~,'
12/26/1991 12:31 FROM RUDRO TRRUEL TO 12066855101 P. e 1
~ M1lW.Eamib:
Total Residences * 5,913 1,048
Less: Vacancies · ..Jill) (66)
Occupied Residences 5,466 982
School Aged Children * 3,078 183
* Winslow AlUlexation Census of January 1991
Student Enrollment as of January 1991 * 2,801 167
K-5 48.8% * 1,367 81
6-8 23.7% * 664 40
9 -12 27.5% * 770 46
* Bainbridge Island School District No. 303
Student Enrollment Factor by Grade
K- 5 1,367 + 5,466 = .2501 81 -;- 982 = .Q825
6-8 664 -;- 5,466 = .1215 40 + 982 = .0407
9 - 12 770 + 5A66 = .1409 46 + 982 = .0468
Student enrollment data combined with census data indicates that as of January
1991 there were 0.5125 students enrolled in public school per single family house
and 0.17 students enrolled in public school per multi-family residence. In other
words, it takes two single family houses on average to produce one student and
six multi-family units on average to produce one student.
~G. Ba-..~ 11.199\ 2
.'
1
12/26/1991 12:32 FROM RUDRO TRRUEL TO 12068855101
P. B 1
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- -~-.- - ~~----'--'--- - .~_..__._.'._-~-~-_...._-- --- -_.._~_.-.---_._....__..__..._.....--- .-..-.
INSLEE, BEST, DOEZIE ~ RYDER, P.S.
- -~_.__._- -----.-----..-...,,--.----..-.-...--...--.- ---.-.-. ....-.-..-.........--.- -~.._._.._-----_.~----------.._------~--_..._._--_.._-
ATTORNEYS AT LAW
Deborah S. Berg'" 2340 130th Avenue NE Rod P Kaseguma
David A. Best Building 0 Rosemary A. Larson
Jerome D. Carpenter PO. Box C-90016 David J. Lawyer
Richard U. Chapin Bellevue Washington 98009-9016 William J. lindberg, Jr
Don E. Dascenzo ' John W Milne
Thomas H. De Buys (206) 455-1234 Patricia A. Murray
Peter A. Deming Fax (206) 885-5101 Ross Radley
Michael Doezle John F. Rodda'"
Thomas H. Grimm" Stephen D. Rose'
Henry R. Hanssen, Jr. Michael P Ruark
Sarah L. Hunter Milan Gail Ryder
Evan E. Inslee John F. Sullivan'
William C. Irvine January 2 1992 James S Turner
, Joe E. Wlshcamper
'Also Admitted In Alaska Please respond to:
.. Also Admitted In California
... Also Admitted In Oregon
VIA FACSIMILE
Sam J. Granato, Mayor
Members of the City Council
city of Bainbridge Island
625 Winslow Way East
Bainbridge Island, Washington 98110
Re: School Impact Fees
Dear Mayor Granato and Members of the City council:
At the city Cou~cil meeting on December 30, 1991, the issue
was raised as to whether school impact fees would apply to
dwelling units for which a building permit was filed prior to
the effective date of the ordinance. since the meeting, I have
been asked whether a developer of a subdivision for which an
application is pending before the City could argue in the
future that only 50% of the full impact fee is due and payable
upon issuance of building permits for lots in the subdivision.
The language of sections 3(A) and 6(A) of the fee schedule
ordinance would preclude an argument that only 50% of an impact
fee is due and payable upon issuance of a building permit if
the other 50% of the fee had not been paid previously. with
regard to the other issue, which involves the concept of
"vesting", statutes and ordinances relating to development of
land usually do not expressly address the issue of "vesting".
However, I recommend that slight changes be made to the fee
schedule ordinance to eliminate clearly both of these potential
issues. The amendments simply would be the addition of an
additional exemption to section 3(A) regarding complete
building permit applications filed before the effective date of
the ordinance, and the addition of a clause in section 6(A) (2)
to emphasize that the full fee payable upon issuance of a
building permit is the full fee set forth in section 3(A), i.e.
$2,240.00 per single-family dwelling unit and $700.00 per
mUlti-family dwelling unit.
. -
Sam J. Granato, Mayor
Members of the City Council
City of Bainbridge Island
January 2, 1992
Page two
Because these c11anges are consistent with the motion made
by Councilmember Andy Maron at the meeting, it will not be
necessary for the City Council to adopt an ordinance
specifically amend.'i.ng these two sections. I recommend that the
City Council at the January 2, 1992, meeting, officially
acknowledge receipt of this letter and the enclosed revised fee
schedule ordinance. Thereafter, the City Clerk will post and
publish the revised version instead of the previous version of
the ordinance.
Sincerely,
~NSLE , BEST, DOEZIE & RYDER, P.S.
'I/~
117l
~od' P. Kaseguma
RPK:cab
1731R
cc: Lynn Nordby
stephanie Warnm
Enclosure
.
, - -
RESOLUTION NO. 91 - ____
A RESOLUTION of the City of Bainbridge
Island, Washington, adopting the Bainbridge
Island School District No. 303 Interim
Capital Facilities Plan as a supplement to
and detailed element of the Comprehensive
Plan of the City of Bainbridge Island; and
repealing Chapter 18.04 of the Municipal
Code, Ordinance No. 87-29 and Resolution
No. 75-2.
WHEREAS, by Ordinance No. 87-29, passed on December 3,
1987, the City Council adopted a Comphrensive Plan for the City
for anticipating and influencing the orderly and coordinated
development of land and building uses of the City and its
environs; and
WHEREAS, RCW 35A.63.072 requires the City Council to adopt
a comprehensive plan by resolution rather than ordinance: and
WHEREAS, the Planning Agency, after a public hearing,
recommended adoption of the Bainbridge Island School District
No. 303 ("School District") Interim Capital Facilities Plan,
dated April, 1991 ("School Capital Facilities Plan"), as a
supplement to and further detailed element of the City's
Comprehensive Plan: and
WHEREAS, at a meeting held on December 19 and 30, 1991, the
City Council considered the recommendation of the Planning
Agency: and
WHEREAS, the City Council desires to adopt the School
Capital Facilities Plan as a supplement to and further detailed
element of the City's Comprehensive Plan in order to
established an impact fee pursuant to Chapter 82.02 RCW for the
impact of development activity upon the school facilities of
the School District; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
section 1. The "Bainbridge Island School District No. 303
Interim Capital Facilities Plan", dated April, 1991, relating
to school facilities, is approved as a supplement to and
detailed element of the Comprehensive Plan of the City of
Bainbridge Island. Three copies of such Plan shall be filed
with the city Clerk and shall be available for public
inspection.
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cab/1720R 12/30/91
r -
section 2. Chapter 18.04 of the Bainbridge Island
Municipal Code, Ordinance No. 87-29, Resolution No. 75-2, and
all other ordinances and resolutions or parts of ordinances and
resolutions in conflict herewith are repealed. The
Comprehensive Plan and Comprehensive Plan Map adopted by
Ordinance No. 87-29 and on file with the City Clerk, as amended
by this resolution, are re-adopted as the Comprehensive Plan
and Comprehensive Plan Map of the City.
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:
Ralph Eells, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
- 2 -
cab/1720R 12/30/91
T ..
RESOLUTION NO. 91 - ____
A RESOLUTION of the City of Bainbridge
Island, Washington, authorizing the Mayor to
appoint a committee to make recommendations
concerning exemptions from school impact
fees.
WHEREAS, the city council desires to address immediately
certain exemptions from school impact fees imposed by Ordinance
No. 91- ____ relating to school impact fees: and
WHEREAS, the City Council desires to authorize the Mayor to
appoint a committee to make recommendations to the city council
regarding exemptions from school impact fees, as authorized by
RCW 82.02.060; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. The Mayor is authorized to appoint a committee
to make written recommendations to the City Council regarding
exemptions to school impact fees under RCW 82.02.060. The
exemptions shall include affordable housing and senior housing
as well as all other development activities with broad public
purposes.
Section 2. The written recommendations of the Committee
shall be submitted to the City Council on or before March 30,
1992.
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:
Ralph Eells, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
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@018/026
_ INSLEE.BEST
. 1'>.1~ FAX 206 885 ~101
12/30/91 v--
"
,
.
ORDINANCE NO. 91- ':S'J,.
AN ORDINANCE of the city of Bainbridge Island,
Washingt:on, relating to the impact of residential
developnlent actiVe" ublic school facilities;
establishing a chedul for school impact fees;
establishing an i -bearing account for the
receipt and expenditure of school impaot fees,
and adding a new chapter to Title 15 of the
Municipal Code. ,
WHEREAS, by Ordinance No. 91- ~ passed on December 30,
1991, the city Council established an impact fee fonnula and
program for pUbli<: school facilities; and
WHEREAS, by llesolution No. 91- ~ adopted on December 30,
1991, the City Counoil adopted the Bainbridge tsland School
District No. 303 Interim capital Facilities Plan, dated April,
1991, as an additional element of the City'S Comprehensive Plan
pursuant to Chapters 35A.63, 36.70A and 82.02 RCW: and
WHEREAS, pursuant to Chapter 82.02 RCW, the city Council
desires to establish and impose school impact fees on
development activi'cy: now, therefore
THE CITY C()UNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORru~IN AS FOLLOWS:
section 1. NevT Chaptet. There is added to Title 15 of the
Bainbridge Island Municipal Code a new chapter entitled UImpact
Fee Schedule for Public School Facilitieslt containing the
provisions set out in sections 2 through 9 of this Ordinance.
Section 2. ~thority. This Ordinance is adopted as an
official control to implement the city's Comprehensive Plan
Policies, the Growth Management Act, and Ordinance No. 91- ~,
with regard to thoe impact of development activity on the
facilities of B.3.inbridge Island School District No. 303
("School District"). and is necessary to protect the pUblic
health, safety and \lelfare.
Section 3. Fee ~chedule~ credit.
A. When authcrized un~r Ordinance No. 91- 22-, impact
fees for the impact of de~lopm~nt activity on public school
facilities shall be ($2,240.do per single family dwelling unit
and $700.00 per multi-~i~Y dwelling unit (See calculations
set forth on Exhibit A); provided, that no impact fees shall be
imposed (1) for re,:::onstruction or remodeling of existing
dwelling units or IJonstruction of new dwelling units for which
impact fees have heen impose.d by the City prior to the
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cab/1122R 12/30/91
1
@019/026
FAX 206 885 5101 11\SLEE,BEST
12:30:91 16:1:.\
,
effective date o:f this Ordinance as :rni tigation under the State
Enviromnental Policy Act, or (2) where impact fees have been
assessed or paid under voluntary agreements with the city.
Mobile homes shc~ll be deemed to be sinqle-family residences and
duplexes shall bE! deemed to be multi-family residences.
B. The applicant for residential construction shall be
entitled to a credit against the impact fee for the actual cost
of providing a facility that is acceptable to the School
District and required by the City as a condition of approval
for the residential construction. At the time of approval, the
applicant shall file an estimate of the cost of the facility.
Upon completion of the facility, the applicant shall file a
statement of th(~ actual costs of the facility, together with
any supporting dOGUlnentation that is requested by the city.
The actual cost shall be determined by the city based upon the
statement and doct~entation provided by the applicant. If the
actual cost as determined by the City is less than the impact
fee, the applicant shall pay the difference as an ilI1pact fee.
C. In determining the impact fee for proposed residential
construction, the city shall consider studies and data
submitted by the applicant in support of an adjustment to the
amount of the impaot fee. The studies and data shall at
minimum address th,~ issue of whether a factor used by the City
to calculate the Impact fee may not be applied appropriately to
the proposed residential construction. The City'S data
supporting the ilnpact fee shall be presumed valid unless
clearly demonstratnd otherwise by the applicant.
section 4. Adjustment. After notice to and comment from
the SChool District, the City council at its sole discretion
may adjust the impact fee where there are unusual circumstances
which make the impact fee unfair.
section 5. t&peal. An impact fee may be appealed pursuant
to the appeal process for the underlying permit or approval and
shall not be suhj ect to a separate appeal. Where no other
administrative appe\~l process is available, an appeal shall be
taken to the Hea::-ing Examiner using the appeal procedure for
variances.
Section 6. EsY111ent .
A. The impact f'ee shall be paid as follows:
1- For subdivisions or planned unit developments,
the full fee shall be assessed at preliminary approval, and 50%
of the assessed fee shall be paid at final approval. For
developments that are completed in phases, 50% of the fee
attributable to each phase shall be ass~ssed and paid at final
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I4J 020/026
~ _ . INSLEE,BEST
. 1 l~'lt FAX 206 SS~ ~lUl
12/3U/9 v. ~ --
approval of each phase. The balance of the fee shall be
allocated to the dwelling units in the project and shall be
paid upon issuanc!e of building permits. FOllowing collection
of 50% of the assessed fee, the Director of Finance and
Administrative services shall file with the Kitsap County
Auditor a notice of the amount of the assessed fee, the amount
of the fee already collected, and the amount of the fee to be
collected upon issuance of building permits.
2. For residential construction on existinq lots or
parcels and all other residential construction not covered by
Section 6 (A) (1) I,f this ordinance, the full fee shall be
assessed and paid upon issuance of building permits.
B. The impact fee may be paid under protest. If an
impact fee is protested, the City shall make construotion
pursuant to a building permit conditional upon final resolution
of the protest, if failure to collect the impact fee would
otherwise require a denial or deferral of the construction to
meet School District adequacy standard requirements.
c. Upon rec~mmendation of the School District, the city
may authorize the .3.pplicant to delay payment of the impact fee
or portion the:::eof and to post sufficient security, as
determined by the City, for such payment. The School District
shall base its reoommendation upon a determination that it will
be unable to use or ~ill not need the payment until a later
time.
section 7. Impact Fee Account; Reporting.
A. There is created and established in the office of the
Director of Finance and Administrative Services a special
interest-bearing account for the receipt and payment of impact
fees imposed pursuant to this Ordinance. All interest earned
through investment of funds in the account shall be retained in
the account and exp\~nded in the same manner as impact fees.
B. The Director of Finance and Administrative Services
shall prepare an annual report for the account showing the
source and amount 01' funds received and earned and the school
facilities that WE:re financed in whole or in part by impact
fees.
Section 8. Expenditure.
A. The School District shall expend the impact ~ees for
facilities approved by the school capital facilities element of
the city's cornprehen::iive Plan.
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@021/026
INSLEE,BEST
12/30:91 18:1~ FAX 206 885 5101
B. The School District shall expend or encumber impact
fees within sbt years of receipt by the City; provided, that
the School oistri.ct may expend or encumber impact fees more
than six years; after receipt where the city determines,
pursuant to written findings entered within the six-year
period, and based on evidence provided by the Sohool District,
that there is an extraordinary and compelling reason for the
impact fees to be expended or encumbered more than six years
after receipt.
Section 9. Rl:!funds.
A. The curr.~nt owner of property for which an impact fee
has been paid l~ay receive a refund of the impact fee where it
has not been expended or encumbered within the six-year period
or extension thE~reof provided for in Section 8. Impact fees
shall be considered encumbered on a first in, first out basis.
B. The city shall notify potential claimants of their
right to file an application for a refund and the deadline for
filing such an application. The notices shall be sent by first
class mail deposited with the United states Postal Service at
the addresses shown on the records of the County Auditor. The
request for a r'9fund must be filed with the City Clerk in
writing within one year of the date on which the right to a
refund arises or the postmark date of the notice, whichever is
later.
c. Any impact: fees that are not expended or encumbered
wi thin the six-YElar period or extension thereof, and for which
no application for a refund has been filed within the one-year
period, shall be retained and expended in conformance with the
school capital facilities element of the city's Comprehensive
Plan.
D. The current owner of property for which an impact fee
has been paid may r,=ceive a refund of the impact fee where the
development activi':y has not occurred within six years of
payment and there has been no impact on School District
facilities.
E. Refunds of impact fees shall include interest, the
rate of which shall be the average rate received by the City on
its invested funds curing the deposit of the impact fees.
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cab/1722R 12/30/91
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INSLEE.BEST [€;I 0221 026
.12/:}O/91 16:15 FAX 206 885 5101
section 10. Effective Date. This ordinance shall take
effect and be in force five days from and after its passage,
approval, Publicc;Ltion and posting as required by law.
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/ AUTHENTICA~rE:
Ralph W. Eells, Ci.ty Clerk
APPROVED AS TO FO~M:
Rod P. Kaseguma, city Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NO.:
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INSLEE.BEST @023/026
12/30/91 16:15 FAX 206 885 5101
.
EXHIBIT A
SAMP1~ CALCULATION OF SCHOOL IMPACT FEES
I. Factors
A. SChool i:npact fees are based on the following factors:
1. Cos'::, per seat by grade: K-5, 6-8, 9-12
2. Hou!;ing type; Single-family or multi-family
3. Student enrollment factor by housing type and by
gracle
4. crecU t for future taxes for existing school debt
II. Cost Per Seat bY Grade
A. The cost per seat by grade is based on the follotving
factors:
1- Site cost
2. Permanent facility cost
:3. Temp.::lrary facility cost
4. Statl~ matching funds
5. Direct contributions
6. Desi~fn capacity per facility (per School District
data)
K - 5 $12,995
6 - 8 $18,825
9 - 12 $19,465
B. The average cost of a new seat for K - 12 is $17,031.00
- 1 -
cab/1723R 12/30/91
'0.'
,
I4J 024: 026
. - L'" '}1l6 885 51U1 INSLEE.BEST -
12;JU;~1 115:115 .....A_
III. Student Enrc.llment Factor by Housinq Tyne by Grade
Sinqle Family Multi Family
Total Residences 5,913 1,048
Less: Vacancies 1447) (66)
occupied Residences 5,466 982
School Aged Child~en 3,078 183
(Per Winslow Annexation Census
of January, 1991)
StUdent Enrollmen1: as of
January, ~991 2,801 167
K - 5 48.8% 1,367 81
6 - 8 23.7% 664 40
9 - 12 27.5% 770 46
(Per School District data)
student Enrollment Factor by Grade
(K - 5)
1,356 divided by 5,466 = .250~ 81 divided by 982 ~ .OB25
(6 - 8)
664 divided by 5,466 = .1215 40 divided by 982 = .0407
(9 - 12)
770 divided by 5,466 - .1409 46 divided by 982 ~ .0468
Student enrollmen'~ data combined with census data demonstrates
that as of ~anuarYI 1991, there were 0.5125 students enrolled
in public school per single-family dwelling unit and 0.17
students enrolled in pUblic school per multi-family dwelling
unit. Therefore, on average, two single family swelling units
produce one studen1: and six multi-family dwelling units produce
one student.
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I
lI3::H FAX 206 885 5101 INSLEE.BEST ~ 025/026
IV. SQb901 Impact J~ee Fonnula
Unale Family Multi FamilY
Average Cost tor a Seat $17,031 $17,031
Student Enrollment Factor 0.5125 0.1700
Seat Cost MUltipliE,d by
student Enrollment Factor $ 8,728 $ 2,895
Credi t for Future 'J~ax.. for
Existing School Detlt ($1,726) ($ 732)
SUB TOTAL: $ 7,002 $ 2,163
32/68 Share Between Housing Type
and community $ 2,240 $ 692
TOTAL ROUNDED OFP: $ 2,240 $ 700
,
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