The city council of the city finds and determines that new growth and residential development in the city will create additional demand and need for school facilities in the city, and the council finds that new growth and development should pay a proportionate share of the cost of new school facilities needed to serve the new growth and development and school district. Therefore, pursuant to Chapter 82.02 RCW the council adopts the ordinance codified in this chapter to assess impact fees on new residential development within District 112 and District No. 117. The provisions of said ordinance shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program.
(Ord. 1135 § 1, 1994; Ord. 1164 § 1, 1995)
The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.
"Act"
means the Growth Management Act, Chapter 17, Laws of 1990, 1st Ex. Sess., Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, 1st Sp. Sess., as now in existence or as hereafter amended.
"Building permit"
means an official document or certification which is issued by the city's building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving or repair of a building or structure.
"City"
means the city of Washougal.
"Development activity"
means any construction or expansion of a building or structure that creates additional demand and need for school facilities.
"Development approval"
means any written authorization from the city which authorizes the commencement of a development activity.
"District No. 112"
means the Washougal School District No. 112, Clark County, Washington.
"District No. 117"
means the Camas School District No. 117, Clark County, Washington.
"Encumbered"
means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities.
"Feepayer"
is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a land development activity which creates the demand for additional capital facilities, and which requires the issuance of a building permit. "Feepayer" includes an applicant for an impact fee credit.
"Impact fee"
means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the school facilities needed to serve new growth and development. "Impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collection and handling school impact fees, or the cost of reviewing independent fee calculations.
"Impact fee deferral program"
shall mean the most current program/policy established by the city council to allow for required impact fees, associated with a permit, to be deferred or paid later at a time, as established under the program/policy, when the project is closer to completion.
"Low-income housing"
means a single-family or multifamily rental housing development, the construction of which is either undertaken by a housing authority operating pursuant to Chapter 35.82 RCW or financially assisted pursuant to a federal, state or local governmental low-income housing program; provided, that the term shall apply only to the number of units within such housing development as are rented to low-income tenants.
"Owner"
means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property.
"Project improvements"
mean site improvements and facilities that are planned and designated to provide service for a particular development or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement.
"Schools"
include any primary or secondary public school operated by a school district whose boundaries include incorporated areas of the city.
"System improvements"
mean school facilities that are included in the city's capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements.
(Ord. 1135 § 2, 1994; Ord. 1164 § 2, 1995; Ord. 1804 § 2 (Exh. A), 2016)
In order to collect school impact fees on behalf of a school district, said school district's capital facilities plan shall be adopted as a portion of the city comprehensive land use plan in accordance with the provisions of this section.
(1) 
Plan Submittal. A school district requesting impact fees shall submit to the city every four years an updated capital facilities plan adopted by the respective school board consisting of the following elements:
(a) 
The district's capacity over the next six years based upon an inventory of the district's facilities either existing or under construction;
(b) 
A forecast of future needs for school facilities based upon the district's enrollment projections;
(c) 
At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels;
(d) 
Application of the formula set out in this chapter based upon information contained in the capital facilities plan. Separate fees shall be calculated for single-family and multifamily types of dwelling units, based upon the student generation rates determined by the district for each type of dwelling units. If insufficient information is available for a district to calculate a multifamily student generation rate, a county-wide average shall be utilized. For purposes of this chapter, mobile homes and each unit of a duplex shall be treated as single-family dwellings.
(2) 
Board Action. No new or revised school impact fees shall be effective until adopted by the respective school board following a duly advertised public hearing to consider the school district's capital facilities plan or plan update.
(3) 
Interlocal Agreement. School impact fees shall not become effective until the school district has entered into an interlocal agreement with the city.
(Ord. 1135 § 3, 1994; Ord. 1164 § 3, 1995; Ord. 1455 § 1, 2003; Ord. 1740 § 1 (Exh. A), 2013)
The impact fee component for schools shall be separately calculated for each participating school district using the following formula:
SIF = [CS (SF) – (TC) – (SM)] × A – FC
(1) 
"SIF" means the school component of the total development impact fee.
(2) 
"CS" means the cost of each type of facility listed in a school district's capital facilities plan attributable to new growth divided by the number of students representing a six-year increase in students for each type of school facility. Each type of facility means elementary school, middle school and high school.
(3) 
"SF" means student factor. The student factor is the number of students typically generated from one residential unit for each type of school facility. This is determined by dividing the total number of residential units in a school district into the current enrollment numbers for each type of school facility. The student factor for each school district shall be calculated annually. Separate student factors shall be calculated for single-family and multifamily dwelling units.
(4) 
"SM" means state match. State match is that amount received from the state of Washington towards school construction costs. The state match component of the formula is that amount representing the per student amount of state matching funds. This is calculated for each type of facility as: student factor times Boechk index (average annual construction cost of a school facility per square foot) times square foot standard per student established by the superintendent of public instruction times state match percentage (that percentage of the total cost of a school facility funded by state funds). The state match for each school district shall be calculated each time the impact fee is revised.
(5) 
"TC" means tax credit. This is calculated as:
(1 + i)10) – 1
x
average assessed value for the dwelling unit within a school district
i(1 + i)10
x
current school district capital property tax levy rate.
where i = the average annual interest rate as stated in the Bond Buyer Twenty Bond General Obligation Bond Index. The tax credit shall be calculated each time the impact fee is revised.
(6) 
"FC" means facilities credit. This is the value of any improvement listed in a school district's capital facilities plan provided by the developer.
(7) 
"A" means an adjustment for the portion of the anticipated increase in the public share resulting from exempt residential development proratable to new residential development. This adjustment for school impact is determined to be 85 percent.
(8) 
As of January 1, 2023, the impact fee amount within District No. 112's boundary will be as follows:
(a) 
Zero dollars per single-family residential unit, to include a manufactured or mobile home residential unit placed on an individual lot.
(b) 
Zero dollars per multifamily residential unit to include a manufactured or mobile home residential unit placed within a manufactured or mobile home park.
(9) 
As of January 1, 2023, the impact fee amount within District No. 117's boundary will be as follows:
(a) 
Six thousand six hundred fifty dollars per single-family residential unit, to include a manufactured or mobile home residential unit placed on an individual lot.
(b) 
Six thousand six hundred fifty dollars per multifamily residential unit, to include a manufactured or mobile home residential unit placed within a manufactured or mobile home park.
(Ord. 1135 § 4, 1994; Ord. 1164 § 4, 1995; Ord. 1358 § 1, 1999; Ord. 1366 §§ 1, 2, 1999; Ord. 1461 § 1, 2003; Ord. 1463 § 1, 2003; Ord. 1523 § 2, 2005; Ord. 1524 § 2, 2005; Ord. 1655 § 1, 2010; Ord. 1719 § 1 (Exh. A), 2011; Ord. 1721 § 1 (Exh. A), 2011; Ord. 1788 § 1, 2016; Ord. 1790 § 1, 2016; Ord. 1849 § 1 (Exh. A), 2018; Ord. 1962 § 1 (Exh. A), 2022; Ord. 1964 § 1 (Exh. A), 2022)
(1) 
The city shall collect impact fees from any applicant seeking residential development approval from the city of any development activity within the city, where such development activity requires the issuance of a building permit. This may include the expansion of existing uses which creates a demand for additional school facilities. In addition to the impact fee, the city shall collect from the applicant an administrative service fee of one percent of the total amount of the impact fee(s), per application.
(2) 
Impact fees shall be assessed at the time a sufficiently complete building application that complies with existing zoning ordinances and building codes is submitted for each unit in the development. Impact fees shall be collected from the feepayer at the time the building permit is issued, or at a time approved through the impact fee deferral program, for each unit in the development. In the case of manufactured homes and associated parks, impact fees shall be collected at the time of site plan approval. When a single manufactured or mobile home is being placed on a single lot, impact fees shall be collected at the time a building permit is issued. That temporary placement of a mobile home or manufactured home presently authorized under the Washougal Municipal Code shall not require payment of impact fees.
(3) 
Except if otherwise exempt, the city shall not issue the required building permit unless the impact fees have been paid.
(Ord. 1135 § 5, 1994; Ord. 1164 § 5, 1995; Ord. 1804 § 2 (Exh. A), 2016)
A feepayer can request that a credit or credits be awarded to him/her for the value of dedicated land, improvements or construction provided by the feepayer if the land, improvements and/or the facility constructed are included within the adopted capital facilities plan or the district makes the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan. The feepayer shall direct the request for a credit or credits to the district. The district shall first determine the general suitability of the land, improvements, and/or construction for the district's adopted capital facilities plan or the board of directors for the district may make the finding that such land improvements, and/or facilities would serve the goals and objectives of the capital facilities plan of the district. The district shall forward its determination to the city, including cases where the district determines that the dedicated land improvements and/or construction are not suitable for the district's purposes. The city may adopt the determination of the district and may award or decline to award a credit, or the city may make an alternative determination and set forth in writing the rationale for the alternative determination. In the event the land, improvements and/or facilities are accepted by both the district and the city, the feepayer shall be responsible for supplying an independent appraisal based on objective standards which indicates the fair market value of the dedicated land, improvements and/or facilities. The credit amount shall be applied to the impact fee calculated for the particular development. If the amount of the credit is less than the amount of the impact fee due and owing by the feepayer, neither the district nor the city shall be liable to the feepayer for the difference.
(Ord. 1135 § 6, 1994; Ord. 1164 § 6, 1995)
(1) 
Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. Appeals regarding the impact fees imposed on any development activity may only be taken by the feepayer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fees at issue have been paid.
(2) 
Determinations of the city staff with respect to the applicability of the impact fees to a given development activity or the availability or value of a credit, can be appealed to the city council pursuant to this section.
(3) 
Appeals shall be taken within 10 working days of payment of the fee or within 10 working days of the city's issuance of a written determination of a credit or exemption decision by filing with the city a notice of appeal specifying the grounds thereof, and depositing the necessary fee, which is set forth in the existing fee schedules for appeals of land use decisions.
(Ord. 1135 § 7, 1994; Ord. 1164 § 7, 1995)
(1) 
The city is authorized to execute, on behalf of the city, an interlocal agreement for the collection, expenditure and reporting of school impact fees; provided, that such interlocal agreement complies with the provisions of this section.
(2) 
School impact fees shall not be collected on behalf of the district. The district enters into an interlocal agreement with the city providing for submittal of a capital facilities plan, fund administration, report of expenditures, allocation of risk, and other appropriate matters.
(3) 
On an annual basis, pursuant to the interlocal agreement, the district shall provide a report to the city on the schools impact account, showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees.
(Ord. 1135 § 8, 1994; Ord. 1164 § 8, 1995)
The 1994 Capital Facilities Plan for Washougal School District No. 112, on file in the office of the city clerk and incorporated herein by this reference, and for the Camas School District No. 117, on file in the office of the city clerk and incorporated herein by this reference, is approved as meeting the requirements of this chapter and are hereby adopted as a subelement of the city's comprehensive land use plan.
(Ord. 1135 § 9, 1994; Ord. 1164 § 9, 1995)
(1) 
If a district fails to expend or encumber the impact fees within the time period specified in RCW 82.02.070 from the date the fees were paid unless extraordinary or compelling reasons exist, the current owner of the property on which impact fees have been paid may receive a refund of such fees. The district shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of claimants that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis.
(2) 
Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the city and/or the district, within one year of the date the right to claim the refund arises, or the date that notice is given, whichever is later.
(3) 
Any impact fees for which no application for a refund has been made within this one-year period shall be retained by a district and expended on the appropriate public facilities.
(4) 
Refunds of impact fees under this section shall include any interest earned on the impact fees by the city or the district.
(Ord. 1135 § 10, 1994; Ord. 1164 § 10, 1995; Ord. 1740 § 1 (Exh. A), 2013; Ord. 1758 § 1 (Exh. A), 2014)
(1) 
Pursuant to this chapter, impact fees:
(a) 
Shall be used for system improvements that will reasonably benefit school facilities;
(b) 
Shall not be imposed to make up for deficiencies in school facilities serving existing developments; and
(c) 
Shall not be used for maintenance or operation.
(2) 
Impact fees may be spent for public improvements, including but not limited to school planning, land acquisition, site improvements, portables, necessary off-site improvements, construction, engineering, architectural, permitting, financing and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to educational facilities, and any other expenses which can be capitalized.
(3) 
Impact fees may also be used to recoup public improvement costs previously incurred by the district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.
(4) 
In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay the principal on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development.
(Ord. 1135 § 11, 1994; Ord. 1164 § 11, 1995)
Impact fees shall be reviewed by the council as it may deem necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city's comprehensive plan.
(Ord. 1135 § 12, 1994; Ord. 1164 § 12, 1995)
The school impact fee set forth herein is generated from the formula for calculating impact fees as set forth in this chapter. The amount of the impact fees is determined by information contained in the capital facilities plan of the district, as appended to the city's comprehensive plan. All new residential developments in that portion of the district located in the city will be charged the school impact fee; provided, that the following exemptions shall apply:
(1) 
Any development activity or project which has submitted a technically complete building permit application prior to the effective date of the ordinance codified in this chapter shall be exempted from the payment of the impact fees.
(2) 
The following shall be exempted from the payment of all impact fees:
(a) 
Replacement of a structure with a new structure at the same site or lot when such replacement is within 12 months, or for a longer time period approved by the director after consulting with the school district, of the demolition or destruction of the prior structure;
(b) 
Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed;
(c) 
The construction of accessory residential structures that will not create impacts on school facilities;
(d) 
Miscellaneous improvements, including, but not limited to, fences, walls, swimming pools and signs;
(e) 
Demolition or moving of an existing structure within the district;
(f) 
The school impact fee shall not apply to housing which by restrictive covenant is exclusively for persons 62 years of age or older. If the development for which approval is sought contains a mix of uses, the impact fee must be separately calculated for each type of use;
(g) 
Low-income housing developed by individuals, not-for-profits, or a housing authority may be exempted from impact fees at the discretion of the city staff. Exemptions may be granted subject to:
(i) 
A fiscal impact analysis of the effect of said exemption upon the low-income household(s) and the public sector,
(ii) 
Adequate documentation that the housing meets appropriate standards regarding household income, rent levels, sale prices, location, and number of units, and
(iii) 
Adequate documentation that said housing will remain available to low-income households for a suitable time period;
(h) 
The city staff may grant a total or partial exemption from impact fees for housing developments not qualifying as low-income housing, but to be owned and occupied by, or leased to, low-income persons; provided, any such exemption shall be subject to:
(i) 
Provision being made for payment of the impact fee from public funds other than impact fee accounts, and
(ii) 
Adequate documentation that the housing meets appropriate standards regarding household income, rent levels, sale prices, location and number of units, and
(iii) 
In the case of rental dwellings, adequate documentation that such housing will remain exclusively available to low-income households at affordable rents for a minimum period of 15 years, and
(iv) 
In the case of owner-occupied dwellings, adequate documentation that such housing will only be sold or leased at affordable rents to another low-income household for a minimum period of 10 years, and
(v) 
Adequate documentation that in the event that use of the property during the prescribed period is no longer used for low-income housing, the owner shall pay the impact fee plus interest from which the owner or any prior owner was exempt;
(i) 
Upon application, the developer, supported by studies and data, may request from the city a reduction or elimination of the impact fee based on unusual circumstances in specific cases. The determination by the city on whether a development should be exempt from the payment of impact fees or whether the impact fee amount should be reduced shall be appealable pursuant to WMC § 15.45.070;
(j) 
The impact for an exempt development shall be calculated as provided for in this chapter and paid with public funds. Such payment may be made by including such amount(s) in the public share of system improvements undertaken within the applicable service area.
(Ord. 1135 § 13, 1994; Ord. 1164 § 13, 1995; Ord. 1884 § 1 (Exh. A), 2019)
Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that, the exercise of this authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW.
(Ord. 1164 § 14, 1995)