This chapter is adopted as an official control to implement Edgewood's comprehensive plan policies, the Growth Management Act, RCW 82.02.050 through 82.02.100; and the State Subdivision Act, Chapter 58.17 RCW. This chapter is also necessary to address identified impacts of new development on schools, in order to protect the public health, safety and welfare.
(Ord. 02-187 § 2)
For purposes of this chapter, the following terms have the indicated meanings:
A. 
"Capacity"
means the number of students each district's facilities can accommodate district-wide, based on the district's standard of service, as determined by each district.
B. 
"Capital facilities plan"
means each district's facilities plan adopted by the school board(s) consisting of:
1. 
A forecast of future needs for school facilities based on each district's enrollment projections;
2. 
An identification of additional demands placed on existing public facilities by new development;
3. 
The long-range construction and capital improvement projects of the districts;
4. 
The schools under construction or expansion;
5. 
The proposed locations and capacities of expanded or new school facilities;
6. 
An inventory of existing school facilities, including permanent, transitional and relocatable facilities;
7. 
At least a six‑year financing component, updated as necessary to maintain at least a six-year forecast period, for financing needed for school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters;
8. 
An identification of deficiencies in school facilities serving the student populations and the means by which existing deficiencies will be eliminated within a reasonable period of time; and
9. 
Any other long-range projects planned by the districts.
C. 
"City"
means the city of Edgewood.
D. 
"Classrooms"
mean educational facilities of each district required to house students for its basic educational program. The classrooms are those facilities the districts determine are necessary to best serve its student population. Specialized facilities as identified by the districts, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms.
E. 
"Construction cost per student"
means the estimated cost of construction of a permanent school facility in each district for the grade span of school to be provided, as a function of each district's design standard per grade span.
F. 
"Design standard"
means the space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the districts as identified in each district's capital facilities plan.
G. 
"District(s)"
means Puyallup School District No. 3; Fife School District No. 417; and Sumner-Bonney Lake School District No. 320.
H. 
"Developer"
means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.
I. 
"Development activity"
means any residential construction or expansion of a residential building, structure or use, any change in use of a residential building or structure, or any change in the use of residential land that creates additional demand for school facilities.
J. 
"Dwelling unit"
means a dwelling unit as defined in EMC Title 18.
K. 
"Elderly"
means a person aged 62 or older.
L. 
"Encumbered"
means impact fees identified by each district as being committed as part of the funding for a school facility for which the publicly funded share has been assured or building permits sought or construction contracts let.
M. 
"Interlocal agreement"
means the agreement between each district and the city, governing the operation of the school impact fee program and describing the relationship, duties and liabilities of the parties.
N. 
"Grade span"
means the categories into which each district groups its grade of students; i.e., elementary, middle or junior high school, and high school.
O. 
"Impact fee"
means a payment of money imposed upon development as a condition of development approval to pay for school facilities needed to serve new growth and development, that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the new development. "Impact fee" does not include a reasonable permit or application fee.
P. 
"Impact fee schedule"
means the table of impact fees to be charged per unit of development, computed by the formula adopted under this chapter, indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the city.
Q. 
"Low-income and moderate-income housing"
means housing affordable under federal standards to households with annual incomes at or below 80 percent of the county median income.
R. 
"Permanent facilities"
means facilities of the districts with a fixed foundation which are not relocatable facilities.
S. 
"Relocatable facilities"
means any factory-built structure, transportable in one or more sections that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within each district or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities.
T. 
"Relocatable facilities cost per student"
means the estimated cost of purchasing and siting a relocatable facility in any of the districts for the grade span of school to be provided, as a function of the district's design standard per grade span.
U. 
"Site cost per student"
means the estimated cost of a site in any of the districts for the grade span of school to be provided, as a function of the district's design standard per grade span.
V. 
"Standard of service"
means the standard adopted by each district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities each district believes will best serve its student population, and other factors as identified by the districts. Each district's standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or any other specialized facilities housed in relocatable facilities.
W. 
"Student factor"
means the number derived by each district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on each district's record of average actual student generated rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; provided, that if such information is not available in a district, data from adjacent districts, or districts with similar demographics or county-wide averages may be used. Student factors must be updated on an annual basis, and separately determined for single-family and multifamily dwelling units and for grade spans.
X. 
"Transitional facilities"
means those school facilities that are being used pending the construction of permanent facilities; provided, that the necessary financial commitments are in place to construct the permanent facilities.
(Ord. 02-187 § 3; Ord. 25-0684, 6/24/2025)
The following development activities do not create any additional school impacts and are exempt from the requirements of this chapter:
A. 
Reconstruction, remodeling or construction of the following facilities, subject to the recording of a covenant or recorded declaration of restrictions precluding use of the property for other than the exempt purpose; provided, that if the property is used for a nonexempt purpose, then the school impact fees then in effect shall be paid.
1. 
Shelters or dwelling units for temporary placement, which provide housing to persons on a temporary basis for not more than four weeks;
2. 
Construction or remodeling of transitional housing facilities or dwelling units that provide housing to persons on a temporary basis for not more than 24 months, in connection with job training, self-sufficiency training and human services counseling, the purpose of which is to help persons make the transition from homelessness to placement in permanent housing; and
3. 
Any form of housing for the elderly, including nursing homes, retirement centers, and any type of housing units for persons age 55 and over, which have recorded covenants or recorded declaration of restrictions precluding school-aged children as residents in those units.
B. 
Rebuilding of legally established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of God or other accident or catastrophe, or remodeling of existing legally established dwelling unit(s); provided, that such rebuilding takes place within a period of one year after destruction, and so long as no additional dwelling units are created.
C. 
Condominium projects in which existing dwelling units are converted into condominium ownership and where no new dwelling units are created.
D. 
Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act.
E. 
Any development activity for which school impacts have been mitigated pursuant to a condition of plat approval to pay fees, dedicate land or construct or improve school facilities, unless the condition of the plat approval provides otherwise; provided, that the condition of the plat approval predates the effective date of fee imposition.
F. 
Any development activity for which school impacts have been mitigated pursuant to a voluntary agreement entered into with the districts to pay fees, dedicate land or construct or improve school facilities, unless the terms of the voluntary agreement provide otherwise; provided, that the agreement predates the effective date of fee imposition.
(Ord. 02-187 § 4)
As a condition of the city's authorization to implement this school impact fee chapter, the city and districts shall enter into interlocal agreements governing the operation of the school impact fee program, and describing the relationship and liabilities of the parties thereunder. The interlocal agreements shall provide for the collection of impact fees by the districts on behalf of the city.
(Ord. 02-187 § 5)
A. 
On an annual basis, the districts shall submit the following materials to the city council:
1. 
Each district's capital facilities plan (as defined in EMC § 4.10.020) and adopted by the school board;
2. 
Each district's enrollment projections over the next six years, its current enrollment and each district's enrollment projections and actual enrollment from the previous year;
3. 
Each district's standard of service;
4. 
Each district's overall capacity over the next six years, which shall take into account the available capacity from school facilities planned by each district but not yet built and be a function of each district's standard of service as measured by the number of students which can be housed in each district's facilities; and
5. 
An inventory of each district's existing facilities.
B. 
To the extent that each district's standard of service identifies a deficiency in its existing facilities, each district's capital facilities plan must identify the sources of funding other than impact fees for building or acquiring the necessary facilities to serve the existing student population in order to eliminate the deficiencies within a reasonable period of time.
C. 
Facilities to meet future demand shall be designed to meet the adopted standard of service. If sufficient funding is not projected to be available to fully fund a capital facilities plan which meets the adopted standard of service, each district's capital facilities plan should document the reason for the funding gap, and identify all sources of funding that the district plans to use to meet the adopted standard of service.
D. 
Each district shall also submit an annual report to the city council showing the capital improvements which were financed in whole or in part by the impact fees.
E. 
In its development of the financing plan component of the capital facilities plan, each district shall plan on a six‑year horizon and shall demonstrate its best efforts by taking the following steps:
1. 
Establish a six-year financing plan, and propose the necessary bond issues and levies required by and consistent with that plan and as approved by the school board consistent with RCW 28A.53.020, 84.52.052 and 84.52.056, as amended; and
2. 
Apply to the state for funding, and comply with the state requirements for eligibility to the best of each district's ability.
(Ord. 02-187 § 7)
On at least an annual basis, the city council shall review the information submitted by each district pursuant to EMC § 4.10.060(A). The review shall occur in conjunction with any update of the capital facilities plan element of the city's comprehensive plan.
(Ord. 02-187 § 8)
A. 
The city shall impose impact fees on every development activity in the city for which a fee schedule has been established.
B. 
Any impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development. The impact fee formula shall account in the fee calculation for future revenues each district will receive from the development.
C. 
The impact fee shall be based on the capital facilities plan developed by each district and approved by the school board, and adopted by reference by the city as part of the capital facilities element of the city's comprehensive plan for the purpose of establishing the fee program.
(Ord. 02-187 § 9)
A. 
The fees set forth in this chapter are based on the calculations contained in the Puyallup, Fife and Sumner-Bonney Lake school districts' respective adopted capital facility plans.
B. 
Fees charged for accessory dwelling units (ADUs) shall be no greater than 50% of the impact fee that would be imposed on the principal unit.
C. 
The fee shall be calculated on a district-wide basis using the appropriate factors and data to be supplied by each district, as required by interlocal agreements. The fee calculations shall also be made on a district-wide basis to assure maximum utilization of all school facilities in each district used currently or within the last two years for instructional purposes.
(Ord. 02-187 § 10; Ord. 13-403 § 2; Ord. 16-469 § 2 (Exh. A); Ord. 25-0684, 6/24/2025)
At the time of application for a development activity at the city, the school impact fee shall be imposed based on the impact fee schedule. The impact fee shall be collected by each district on behalf of the city, and maintained in separate accounts.
(Ord. 02-187 § 11)
A. 
Impact fees shall be imposed upon development activity in the city as follows:
1. 
Fees are established based on the annual calculation of impact fee need as documented in each school district's adopted capital facilities plan, scaled to a cost per bedroom or per square foot of livable space, pursuant to RCW 82.02.060.
2. 
The current school impact fees shall be listed in the city of Edgewood fee schedule, adopted pursuant to EMC § 3.35.020, and automatically updated for inflation annually using the following procedures:
a. 
City staff shall use the Construction Cost Index for Seattle (June-June) published by the Engineering News-Record to calculate annual inflation adjustments in the impact fees. The impact fees shall not be adjusted for inflation if the index remains unchanged.
b. 
The indexed impact fees shall be effective January 1st beginning in 2026, and on January 1st of each year thereafter. A copy of the indexed impact fees shall be provided to the city council each October, but the indexed impact fees shall become effective without further council action.
3. 
The impact fee adopted represents the fee calculations as presented by the Fife, Puyallup and Sumner-Bonney Lake school districts in their adopted capital facilities plans updated annually. Where recommended fees exceed the maximum amount authorized for collection by the city of Edgewood, they are shown in the fee schedule at the maximum amount allowed.
B. 
At the time of application for development activity, an applicant will be notified of the requirement to pay school impact fees to each district based on the fee schedule adopted by the city as a part of the impact fee program. Upon receipt of the impact fee payments or a copy of a recorded impact lien in accordance with Chapter 4.05 EMC, each district shall issue a certificate or identifying receipt to the applicant indicating that the school impact fee has been paid or payment has been properly deferred. Prior to approving or permitting any development activities subject to the impact fees adopted pursuant to this chapter, the city shall require that the applicant provide to the city the original of the certificate or receipt issued by the school district or a copy of the impact fee lien recorded pursuant to Chapter 4.05 EMC. Each school district shall develop standardized forms for this purpose, showing that impact fees have been paid to the district or payment has been properly deferred in accordance with Chapter 4.05 EMC, and that the city may proceed to issue the permit or grant the necessary approval. Impact fees may be paid to the district under protest pursuant to the procedures set forth in EMC § 4.10.120(I).
C. 
The city shall not issue a required building permit for any development subject to the imposition of impact fees under this chapter until the impact fees set forth in the impact fee schedule have been paid or payment has been properly deferred in accordance with Chapter 4.05 EMC.
(Ord. 02-187 § 12; Ord. 04-231 § 2; Ord. 06-264 § 2; Ord. 07-280 § 2; Ord. 13-403 § 3; Ord. 15-458 § 2; Ord. 16-475 § 3; Ord. 17-490 § 2; Ord. 23-652 § 10 (Exh. A); Ord. 25-0684, 6/24/2025)
A. 
The city shall determine a developer's impact fee, according to the schedule set forth in EMC § 4.10.110(A).
B. 
Arrangements may be made for later payment of the impact fee with the approval of each district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district, is provided to assure payment. Security shall be made to and held by the district, which will be responsible for tracking and documenting the security interest.
C. 
The fee amount established in the schedule shall be reduced by the amount of any payment previously made for the lot or development activity in question, either as a condition of approval or pursuant to a voluntary agreement.
D. 
Whenever a developer is granted approval subject to a condition that the developer actually provide a school facility acceptable to the district, the developer shall be entitled to a credit for the actual cost of providing the facility, against the fee that would be chargeable under the formula provided by this chapter. The cost of construction shall be estimated at the time of approval, but must be documented, and the documentation confirmed after the construction is completed to assure that an accurate credit amount is provided. If construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee.
E. 
The standard impact fees may be adjusted, if one of the following circumstances exist; provided, that the discount set forth in the fee formula fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee:
1. 
The developer demonstrates that an impact fee assessment was improperly calculated; or
2. 
Unusual circumstances identified by the developer demonstrate that if the standard impact fee amount was applied to the development, it would be unfair or unjust.
F. 
In cases where a developer requests an independent fee calculation, adjustment exception or a credit pursuant to RCW 82.02.060(3), the city shall consult with the districts and the districts shall advise the city prior to the city making final impact fee determinations.
G. 
A developer may provide studies and data to demonstrate that any particular factor used by a district may not be appropriately applied to the development proposal.
H. 
Any appeal of the decision of the city with regard to fee amounts shall follow the process for the appeal of the underlying development application, as set forth in the Edgewood Municipal Code. Any errors in the formula identified as a result of the appeal should be referred to the council for possible modification.
I. 
Impact fees may be paid under protest in order to obtain a permit or other approval of development activity.
(Ord. 02-187 § 13; Ord. 04-231 § 3)
A. 
Impact fee receipts shall be earmarked specifically and retained in a special interest‑bearing account established by each district solely for the district's school impact fees. All interest shall be retained in the account and expended for the purpose or purposes for which impact fees were imposed. Annually, the districts, based in part on its report prepared pursuant to EMC § 4.10.060, shall prepare a report on the impact fee account showing the source and amount of all moneys collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees. The districts shall submit a copy of their reports to the city council. The districts shall maintain separate school impact fee accounts pursuant to EMC § 4.10.100, and shall prepare a report on the source and amount of all school impact fees collected by the districts on behalf of the city.
B. 
Impact fees for each district's system improvements shall be expended by the district only in conformance with the capital facilities plan element of the city's comprehensive plan.
C. 
Impact fees shall be expended or encumbered by the districts for a permissible use within 10 years of receipt by the district, unless there exists an extraordinary or compelling reason for fees to be held longer than 10 years. Such extraordinary or compelling reasons shall be identified to the city by the district in a written report. The city council shall identify the district's extraordinary and compelling reasons for the fees to be held longer than 10 years in the council's own written findings.
D. 
The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within 10 years of receipt of the funds by any district on school facilities intended to benefit the development activity for which the impact fees were paid. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. On behalf of the city, the district(s) shall notify potential claimants by first-class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the county tax records.
E. 
An owner's request for a refund must be submitted to the appropriate district in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered by any district in conformance with the capital facilities plan within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees.
F. 
Should the city seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of the refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the county tax records. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the district, but must be expended by the district, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.
G. 
A developer may request and shall receive a refund, including interest earned on the impact fees, when:
1. 
The developer has not received final plat approval, the building permit, the mobile home permit, the site plan approval, nor final approval for the development activity as required by statute or city code including the International Building Code; and
2. 
No impact on the district(s) has resulted. "Impact" shall be deemed to include cases where the district(s) have expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the district(s) have expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the district(s) and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The district(s) shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in EMC § 4.10.120.
H. 
Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by each district on invested funds throughout the period during which the fees were retained.
(Ord. 02-187 § 14; Ord. 13-403 §§ 4, 5)