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A. Impact fees may be required pursuant to the fee schedule adopted through the process described herein, or mitigation may be provided through other means such as the purchase, installation and/or improvement of facilities; or the dedication of land.
B. Impact fees shall:
1. Only be imposed for school, park, and transportation facilities needs that are reasonably related to the impacts of development;
2. Not exceed the proportionate share of the costs of school, park, and transportation facilities that will reasonably benefit the new development;
3. Be used for school, park and transportation facilities that will reasonably benefit the new development;
4. Not be used to correct existing deficiencies;
5. Not be imposed to mitigate impacts or meet facility needs that are being addressed through other laws or programs;
6. Not be collected for improvements to other jurisdictions’ facilities unless the city and the other affected jurisdiction have an interlocal agreement;
7. Not be collected for projects vested prior to the adoption date hereof unless changes or modifications to the development proposal require an amendment to the previous city approval and result in greater impacts than previously addressed by the vested approval;
8. Be collected only once for each development, unless changes or modifications to the development proposal require an amendment to the previous city approval and result in greater impacts than previously addressed by the vested approval;
9. Be collected for system improvement costs previously incurred by the city, to the extent that said improvements are intended to serve new development and that additional fees shall not be collected for system deficiencies; and
10. Be only collected on residential developments for school and park impact mitigation. (Ord. 778, 10-30-2003, eff. 11-11-2003; amd. Ord. 2024-1136, 12-11-2024)
A. School impact fees are based on planned school facility development provided by the Orting School District and included in the comprehensive plan and in Pierce County code 4A.30.
1. The impact fee schedule is calculated based upon the formula set forth in table 15-6-1 of this section. The formula in table 15-6-1 of this section is the city's determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new growth and development to be funded by school impact fees.
2. The impact fee schedule, as enacted, includes a maximum fee obligation. The actual fee obligation is the lesser of the fee calculation or the maximum fee obligation.
3. Separate fees shall be calculated for single-family and multi- family types of dwelling units, because of their different impact on school facilities. Separate student generation rates (student factor) must be determined by the district for each type of dwelling unit. For purposes of this title, mobile homes shall be subject to the single-family dwelling unit fee and duplexes and zero lot line homes shall be subject to the multi-family dwelling units fee.
4. The fee calculations shall be made on a districtwide basis to assure maximum utilization of all school facilities in the district currently used for instructional purposes.
5. The formula in table 15-6-1 of this section also provides for a credit for school sites or facilities actually provided by a fee payer which are included in a school district capital facilities plan and that are required by the city as a condition of development approval. (Ord. 778, 10-30-2003, eff. 11-11-2003)
6. Effective February 13, 2007, the maximum fees for single- family dwelling units shall be two thousand seven hundred eighty dollars ($2,780.00) and for multi-family dwelling units shall be one thousand four hundred sixty five dollars ($1,465.00). The maximum fee obligation in this chapter continues until adjusted by ordinance. (Ord. 845, 1-31-2007)
SCHOOL IMPACT FEE SCHEDULE, TABLE 15-6-1
Given the following variables:
A | = | Full cost fee for site acquisition costs = A1+A2+A3 |
A1 | = | Elementary school site cost per student x the student factor |
A2 | = | Middle school site cost per student x the student factor |
A3 | = | High school site cost per student x the student factor |
B | = | Full cost fee for school construction = B1+B2+B3 |
B1 | = | Elementary school construction cost per student x the student factor |
B2 | = | Middle school construction cost per student x the student factor |
B3 | = | High school construction cost per student x the student factor |
C | = | Full cost fee for temporary facilities construction = C1+C2+C3 |
C1 | = | Elementary school temporary facility cost per student x the student factor |
C2 | = | Middle school temporary facility cost per student x the student factor |
C3 | = | High school temporary facility cost per student x the student factor |
D | = | State match credit = D1+D2+D3 |
D1 | = | Cost index x SPI square footage per student for elementary school x state match % x student factor |
D2 | = | Cost index x SPI square footage per student for middle school x state match % x student factor |
D3 | = | Cost index x SPI square footage per student for high school x state match % x student factor |
TC | = | Tax payment credit = the net present value of the average assessed value for the dwelling unit type in the school district, |
<(1+I)n>-1 | ||
I(1=I)nx the current school district capital property tax levy rate, I(1+I)n, where | ||
I=the current interest rate for outstanding bond issues | ||
n=the number of years left before the bond or capital levy is retired, up to a maximum of 10 years. | ||
FC | = | Facilities credit = the per dwelling unit value of any site or facilities provided directly by the development |
FC = value of fee payer's contribution | ||
number of dwelling units in the development | ||
Then the unfunded need (UN):
UN = A+B+C-D-TC-FC
The fee obligation:
Total unfunded need x 50% = fee calculation
Fee obligation is the lesser of the fee calculation or the maximum fee obligation as set by resolution of the city council.
Where:
"Capacity" means the number of students a school district's facilities can accommodate districtwide at each grade span, based on the district's adopted level of service.
"Classrooms" means educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to serve its student population. Specialized facilities identified by the district, including, but not limited to, gymnasiums, cafeterias, libraries, administrative offices, special education classrooms not suitable for general use because of design or equipment needs, and child daycare centers, shall not be counted as classrooms.
"Construction Cost Per Student" means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. A district shall establish construction costs based upon the district's experience with comparable projects, adjusted for inflation, or the cost of similar projects in other districts.
"Cost Index" means the area allowance for school construction determined under WAC 180-27-060.
"Facilities Credit" means the value of any site, school facilities, or monetary compensation the district has agreed to accept as an offset against a school impact fee from a fee payer regarding the development activity.
"Grade Span" means the categories into which a district groups its grades of students; i.e., elementary, middle or junior high school, and high school.
"Level Of Service (For Schools)" means the standard adopted by each district that 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 presently available of facilities the district believes will best serve its student population, the student population for new school facilities per grade span, and other factors as identified by the school district. Unless a district adopts by board resolution, a standard of service that specifically deems all or any portion of its relocatable facilities to be permanent facilities, a district's standard of service shall not include any classrooms or other educational facilities housed in relocatable facilities or in transitional facilities. Except as otherwise defined by the school board pursuant to a board resolution, transitional facilities shall mean those facilities, including relocatable facilities or leased space, that are used to cover the time required for the construction of permanent facilities called for in the capital facilities plan.
"Permanent Facilities" means facilities of the district with a fixed foundation that are not relocatable facilities.
"Relocatable Or Temporary 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 a 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.
"Relocatable Or Temporary Facilities Cost Per Student" means the estimated cost of purchasing and siting a relocatable facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs.
"Site Cost Per Student" means the estimated cost of a site in the district for the grade span of school to be provided as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. A district shall determine site costs based on past experience or the acquisition costs for similar sites in comparable school districts.
"SPI Square Footage Per Student" means the space allocations per grade span determined by WAC 180-27-035. State board of education.
"State Matching Credit" means the calculation set forth in attachment A of the district's Boeckh index times SPI square footage per student per grade span times state match percentage times applicable student factor.
"State Match Percentage" means the percentage of school construction costs for which a district is eligible to receive state funding pursuant to Revised Code of Washington 28A.525.166 and the rules applicable thereto.
"Student Factor" means the number derived by a school district to describe how many students of each grade span are expected to be generated by development activity. Student factors shall be based on district records of average actual student generated rates for new developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; provided that, if such information is not available in the district or if there are no developments in the district similar to that being proposed, the district may use data from districts with similar demographics, or, if no other data sources are reasonably available, countywide averages. Student factors shall be separately determined for single-family dwelling units and dwelling units within multi-family residences. For purposes of this chapter, mobile homes shall be considered single-family residences.
"Tax Payment Credit Or ’TC’" means the calculation set forth in attachment A of the district's average real property tax determined value for single-family dwelling units or multi-family dwelling units times the district's capital property tax rate as adjusted by the current interest rate for any bonds being retired by a capital tax and the number of years each capital levy tax shall be imposed, up to ten (10) years. The district's capital tax rate consists of authorized tax levies to retire bonded indebtedness incurred for school district capital purposes under chapter 28A.530 Revised Code of Washington and school facility levies for construction, remodeling, and modernization under Revised Code of Washington 84.52.053.
B. Park impact fees are based on the level of service standards for parks and trails established in the comprehensive plan.
1. It is the city’s intent to maintain the ratio of park land to population established in the comprehensive plan land use element. Dedication of land for public parks and recreation facilities is the preferred method for mitigating impacts on such facilities caused by the development of new households.
2. When creation of a new household (in the form of a subdivision, short plat, planned unit development, manufactured housing park, or residential building permit on a lot for which a parks impact fee has not been collected) is proposed, the city shall require dedication of land necessary to meet the park land to population ratio established in the comprehensive plan land use element. In the event that land dedication is determined by the city to be unfeasible, a mitigation fee in accordance with table 15-6-3 of this section shall be assessed. The amount of land to be dedicated for each dwelling unit shall be as shown in table 15-6-2 of this section:
PARKS LAND DEDICATION FORMULA, TABLE 15-6-2
Park land area per household: 8*43,560/322.58 = 1,080 square feet/ household (rounded)
Given the following variables:
a) Comprehensive plan park land-to-population ratio = eight (8) acres per thousand (1,000)
b) Average household size = three and one-tenth (3.1) persons per household
c) Households per thousand (1,000) = 1,000/3.1 = 322.58
3. The fee value of land to be dedicated may be determined by either of the following methods:
a. The applicant may provide a fair market appraisal of the improved property value. The appraisal shall be prepared by a member of the Appraisal Institute (MAI).
b. The city may calculate the average improved land value using Pierce County assessor’s data for all new dwelling units constructed in the previous calendar year.
4. Park impact fee (PIF) assessments in lieu of land dedication shall be collected based on table 15-6-3 of this section and specified by city council resolution:
TABLE 15-6-3
PARKS IMPACT FEE FORMULA
PARKS IMPACT FEE FORMULA
Given the following variables:
A | = | Adjustment in accordance with Revised Code of Washington 82.02.050 and 060 to provide a balance between impact fees and other sources of public funds to meet capital facilities needs. For park improvements this adjustment is fifty (50) percent, so that A = 0.5. |
HS | = | Average household size of three and one-tenth (3.1) persons. |
PLOS | = | Adopted park land level of service standard of eight (8) acres per thousand (1,000) population. |
PLR | = | Proportionate land requirement per new household of two-one-hundredths (0.0248) acre calculated as PLOS ÷ 1,000 x HS. |
PV | = | Park land value of fifteen thousand dollars ($15,000) per acre and park improvement value of one hundred and four thousand dollars ($104,000). |
TLOS | = | Adopted trails level of service standard of one-fourth mile per thousand (1,000) population. |
TV | = | Trails land and improvement value of thousand dollars ($44,000) per mile. |
PTR | = | Proportionate trail requirement per new household of 0.000775 calculated as TLOS ÷ 1,000 x HS. |
Therefore: | PIF = A x [PLR x PV + PTR x TV] PIF = 0.5 x [0.0248 x $119,000 + 0.000775 x $44,000] = $1,492 per new household (unless amended by city council resolution) | |
(Ord. 778, 10-30-2003, eff. 11-11-2003; amd. Ord. 2022-1092, 3-30-2022; Ord. 2024-1136, 12-11-2024)
A. Park Impact Fee Fund: There is hereby created and established a special purpose park and recreation facilities impact fee fund to receive park impact fees. All park impact fees and investment income received pursuant to this title shall be deposited into the park impact fee fund. Procedures for administration of the funds shall be established by the administrator. Expenditures from these funds shall be made in accordance with the city's normal budget procedures. Annually, the city shall prepare a report on each impact fee account showing the source and amount of all monies collected, interest earned, and capital or system improvements that were financed in whole or in part by impact fees.
B. School Impact Fee Fund: The Orting school district shall maintain a school impact fee suspense fund into which all school impact fees shall be deposited. Annually, in accordance with the interlocal agreement, the school district shall prepare and submit to the city a report on school impact fees and the school impact fee account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by the impact fees.
C. Transportation Impact Fee Fund: There is hereby created and established a special purpose transportation facilities impact fee fund to receive transportation impact fees. All transportation impact fees and investment income received pursuant to this title shall be deposited into the transportation impact fee fund. Procedures for administration of the funds shall be established by the administrator. Expenditures from these funds shall be made in accordance with the city's normal budget procedures. Annually, the city shall prepare a report on each impact fee account showing the source and amount of all monies collected, interest earned, and capital or system improvements that were financed in whole or in part by impact fees. (Ord. 778, 10-30-2003, eff. 11-11-2003)
A. Impact fees shall be used for public facility improvements that will reasonably benefit the new development; shall not be imposed to make up for deficiencies in the facilities serving existing developments; and shall not be used for maintenance or operation.
B. Impact fees may be spent for improvements, including, but not limited to, facility planning, land acquisition, site improvements, necessary off site improvements, construction, engineering, architectural, permitting, financing, grant matching funds and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to public facilities, and any other expenses which can be capitalized and are consistent with the comprehensive plan.
C. Impact fees may also be used to recoup public facility improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.
D. In the event that bonds or similar debt instruments are or have been issued for the construction of public facility or system improvements for which impact fees may be expended, impact fees may be used to pay debt service 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. Capital facilities plans using impact fees for the purpose of assisting in the provision of capital facilities or facility systems must clearly differentiate between funds used for new improvement and those funds used to correct existing deficiencies. (Ord. 778, 10-30-2003, eff. 11-11-2003)
A. Fee Determination: For all development activity subject to this chapter, the city shall determine the total impact fee at the time of application for a building permit or for installation of a mobile/manufactured home, based on the capital facilities plan element of the Orting comprehensive plan and the resulting fee schedule in effect at the time of application. (Ord. 778, 10-30-2003, eff. 11-11-2003)
B. Collection Time: Collection shall occur prior to the time of building permit issuance unless the fee payer requests a deferral as outlined below and provides the city with proof that a voluntary impact fee lien in the form provided for in subsection C of this section has been executed by all legal owners of the property upon which the development activity allowed by the building permit is to occur, and the form has been recorded in the office of the Pierce County auditor. If a voluntary impact fee lien has been recorded, then the following collection shall occur:
1. Pursuant to Revised Code Of Washington 82.02.050, applicants for single-family attached or single-family detached residential building permits may request to defer payment, for no more than eighteen (18) months from the date of building permit issuance, of required impact fees until final inspection, which request shall be granted so long as the requirements of this chapter are satisfied. If a deferral request is granted under this section, the city may withhold certification of final inspection until the impact fees have been paid in full.
a. A request for impact fee deferral shall be made in writing on a form provided by the city, and submitted contemporaneously with the associated building permit application. Any request for impact fee deferral must be accompanied by an administrative fee in an amount determined by resolution of the city council.
b. The deferral entitlements allowed under this chapter shall be limited to the first twenty (20) single-family residential construction building permits per applicant, as identified by contractor registration number or other unique identification number, per year.
2. For dwelling units other than single-family, prior to the issuance of the certificate of occupancy. The applicant must provide evidence to the county that the fee has been paid.
3. If development activity originally excluded from the scope of this chapter is converted to a residential use creating an impact on schools and/or parks, the appropriate fee shall be immediately determined and become due for payment. (Ord. 2016-991, 8-31-2016)
C. Title Notification: The owner of any property for which a school impact fee is not paid prior to issuance of a building permit shall record a voluntary impact fee lien with the Pierce County auditor in the applicable form set forth below:
VOLUNTARY IMPACT FEE LIEN
Parcel Number:
Address:
Legal Description:
Present Owner:
Notice: The site was the subject of a development proposal for building permit application number (# ) filed on (date).
A (school) (park) (transportation) impact fee in the amount established in 15-6-6 is due to the City of Orting upon the earlier of: transfer of title, refinancing, or 18 months from the date of issuance of the building permit. The fees are a lien on the property. In the event the fee is not paid when due, Orting shall foreclose it in the same manner as an assessment. This lien shall earn interest at the applicable statutory rate from the date of default. The owner shall also pay the City's reasonable attorney's fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than 30 calendar days prior to providing written notification to the then present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the present owner cures the default within the 30-day cure period, no attorney's fees and/or costs will be owed.
Signature of Owner(s)
D. Collection Of Fee Or Record Of Lien: The city shall not issue a building permit for any development activity until applicable school and parks impact fees are paid or the fee payer has provided the city with satisfactory evidence that the applicable voluntary impact fee lien has been recorded against the property for which the building permit is issued. Notwithstanding the recording of a voluntary impact fee lien, the city may collect the fee when it becomes due from either the person or entity: 1) whose development activity creates the demand for additional public facilities which requires approval, 2) who applies for issuance of the building permit, or 3) the owner of the real property subject to the lien; provided the city shall not collect from any one or all of the above referenced persons and/or entities an amount that exceeds the fee, if any, due for the dwelling unit(s), including interest, attorney fees and costs authorized by the lien. If the fee is collected from a person or entity who is or which is not the current owner of the real property subject to the lien, the city shall assign its interest in the lien to the person or entity who or which paid the fee.
E. Record Satisfaction Of Lien: Unless the city has assigned its interest in the lien as provided for in subsection D of this section, upon payment of any voluntary impact fee lien, the city shall promptly record a satisfaction of lien. (Ord. 778, 10-30-2003, eff. 11-11-2003)
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