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SC Council Amended Emergency Ord. No. 16-117

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Category: Events and Notices - Legal and Public Notices
Posted: 11/23/2016
 

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LEGAL NOTICE


 


SNOHOMISH COUNTY COUNCIL


 


SNOHOMISH COUNTY,WASHINGTON


 


NOTICE OF ENACTMENT


 


NOTICE IS HEREBY GIVEN, that on Monday, November 14, 2016 the Snohomish County Council enacted the


following:


 


AMENDED EMERGENCY ORDINANCE NO. 16-117


 


ESTABLISHING A CAP ONSCHOOL DISTRICTIMPACT FEES, AMENDING


 


SCC 30.66C.100, DECLARING AN EMERGENCY


 


WHEREAS, in 1999SnohomishCounty(“the county”) adopted an impact fee ordinance to provide mitigation for the


impacts of new development on public school facilities pursuant to RCW 82.02.050; and


 


WHEREAS, pursuant to RCW 82.02.050(4), impact fees may be collected and spent only for the public facilities


defined in RCW 82.02.090, which are addressed by the capital facilities element of the county’s comprehensive plan


created under the Growth Management Act, Chapter 36.70A RCW; and


 


WHEREAS, pursuant to Snohomish County Code (SCC) 30.66C.035, school districts must submit capital facilities


plans to the county for inclusion in the county’s capital facilities plan, part of the capital facilities element of the


comprehensive plan, to be eligible to receive payment of school impact fees; and


 


WHEREAS, 11 school districts must submit updated capital facilities plans to the county for review and adoption


before December 31, 2016, to maintain or re-establish their eligibility to receive school impact fees after December 31,


2016; and.


 


NOW, THEREFORE, BE IT ORDAINED:


 


Section 1. The county council makes the following findings and conclusions:


 


A. The county council adopts and incorporates the foregoing recitals as findings as if set forth fully herein.


B.


Eleven school districts submitted capital facilities plans toSnohomishCountyfor approval and adoption by


reference into the capital facilities element of the county’s comprehensive plan. Some of those school district plans


recommended substantial increases in impact fee charges for new residential construction.


C.


Impact mitigation fees are, in general, a fair and appropriate method of addressing burdens on existing residents of


financing new public facilities necessary to serve a growing population.


D.


In cases when impact fees are raised quickly or to excessive levels, those fees can result in disproportionate,


negative, and unfair impacts to and financial burdens on future residents, owners of developable land, and


residential developers.


E.


Individuals and businesses that have purchased real estate with the intention of building housing on that land are


particularly impacted by sudden, substantial increases in impact fees.


F.


This Ordinance is consistent with the Snohomish County Comprehensive Plan, including policy CF-10.A.4, which


calls for the county to monitor its school impact fee program and adjust it when appropriate.


Section 2. Pursuant to section 2.120 of the Snohomish County Charter, the Snohomish County Council finds and


concludes that adopting a cap on school district impact fees is necessary for the immediate preservation of the public


peace, health or safety. Non-emergency options would not be adequate to prevent excessive cost burdens on future


residents, owners of developable land, and developers within certain school districts. Based on the foregoing, the


Snohomish County Council declares that an emergency exists and this ordinance shall take effect immediately.


 


Snohomish County Code Section 30.66C.100, last amended by Amended Ordinance No. 16-060 on August 24,


2016, is hereby amended to read:


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.


(((2) )) (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.


(((3) )) (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.


(((4) )) (5) The fees set forth in Table 30.66C.100(1) apply to developments that vest to county development regulations


from January 1, 2015, to December 31, 2016.


(((5) )) (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 SINGLE MULTI-FAMILY MULTI-FAMILY DUPLEXES AND


 


DISTRICT FAMILY 1-BEDROOM 2+ BEDROOMS TOWNHOMES


 


per dwelling per dwelling per dwelling


 


unit unit unit


 


EdmondsNo. 15 $0 $0 $0 $0


 


EverettNo. 2 $4,988 $0 $1,092 $1,092


 


LakeStevensNo. 4 $4,680 $0 $2,532 $2,532


 


LakewoodNo. 306 $1,203 $0 $2,811 $2,811


 


Marysville No. 25 $1,817 $0 $1,180 $1,180


 


MonroeNo. 103 $0 $0 $0 $0


 


Mukilteo No. 6 $3,914 $0 $2,952 $2,952


 


Northshore No. 417 $0 $0 $0 $0


 


Snohomish No. 203 $0 $0 $0 $0


 


Sultan No. 311 $0 $0 $0 $0


 


Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or


unconstitutional by the Growth Management Hearings Board, or a court of competent jurisdiction, such invalidity or


unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this


ordinance. Provided, however, that if any section, sentence, clause or phrase of this ordinance is held to be invalid by


the Board or court of competent jurisdiction, then the section, sentence, clause or phrase in effect prior to the effective


date of this ordinance shall be in full force and effect for that individual section, sentence, clause or phrase as if this


ordinance had never been adopted.


DATED this 18th day of November, 2016.


 


SNOHOMISH COUNTY COUNCIL


 


Snohomish County,Washington


 


/s/ Debbie Eco, CMC


 


Clerk of the Council


#104482


Published: November 23, 2016.


See PDF at: http://50.47.68.138/classified/legals/pdf/2016/1746986.pdf

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