Ordinance 3396-14 - Laserfiche WebLink

C. is for a building permit within a development approved prior to the effective date of this chapter,which was not subject to school mitigation fees under the State Environmental Policy Act,provided the building permit is not expired. Section 3. Eligibility. Any district serving the City of Everett shall be eligible to receive school impact fees provided the district has submitted a current capital facilities plan for the district to Snohomish County and said capital facilities plan has been incorporated by reference into the Capital Facilities Element of the Snohomish County General Policy Plan. Section 4. Establishment of school district impact fees. The City of Everett hereby adopts by reference the school impact fee schedule contained in the applicable school district's adopted capital facilities plan, as incorporated by the City in the Capital Facilities Element of its comprehensive plan. Each school district shall provide a copy of their adopted biennial capital facilities plan to the City within fifteen days after it is incorporated into the Snohomish County General Policy Plan. The City shall use the impact fee incorporated in the Snohomish County General Policy Plan, except as may otherwise be provided by this Ordinance. Section 5. Impact fee limitations. A. School impact fees shall be imposed for district capital facilities that are reasonably related to the development under consideration, shall not exceed a proportionate share of the costs of system improvements that are reasonably related to the development, and shall be used for system improvements that will reasonably benefit the new development. B. Except as otherwise provided in RCW 82.02.070.(3)(b), school impact fees must be expended or encumbered for a permissible use within ten years of receipt by the district. C. To the extent permitted by law, school impact fees may be collected for capital facilities costs previously incurred to the extent that new growth and development will be served by the previously constructed capital facilities,provided that school impact fees shall not be imposed to make up for any existing system deficiencies. D. A developer required to pay a fee pursuant to RCW 43.21C.060 for capital facilities shall not be required to pay a school impact fee pursuant to RCW 82.02.050 - .090 and this title for the same capital facilities. Section 6. Impact fee schedule - exemptions. The city council may, on a case-by-case basis, grant exemptions to the application of the fee schedule for low-income housing in accordance with the conditions specified under RCW 82.02.060(2). To qualify for the exemption, the developer shall submit a petition to the planning and community development director for consideration by the council prior to application for building permit. Conditions for such approvals shall meet the requirements of RCW 82.02.060 (2) and include a requirement for a covenant to assure the project's continued use for low- 3