Not an official copy.
City of Newcastle, WA
Ordinance No. 97-133
AN ORDINANCE OF THE CITY OF NEWCASTLE, WASHINGTON, RELATING TO SCHOOL IMPACT FEES WITHIN THE CITY; ADOPTING BY REFERENCE ISSAQUAH SCHOOL DISTRICT’S 1996 CAPITAL FACILITIES PLAN AS A SUB-ELEMENT OF THE CAPITAL FACILITIES ELEMENT OF THE CITY’S COMPREHENSIVE PLAN; ADOPTING BY REFERENCE SECTIONS 2, 11, 12, 13, 14, 15, 16, 17, 18, AND 19 OF KING COUNTY ORDINANCE NO. 10162; ADOPTING A FEE SCHEDULE; AND REPEALING ORDINANCE NOS. 46, 60, 90, 96-96, 96-121, AND 97-128.
WHEREAS, the City Council of the City of Newcastle has determined that development activity within the City will create additional demand and need for school facilities; and
WHEREAS, the City is authorized by Chapter 82.02 RCW to require that new development within the City pay its proportionate share of the cost of new school facilities to serve the new development through the assessment of impact fees; and
WHEREAS, Issaquah School District No. 411, King County, Washington ("District") is duly authorized to provide public education for the residents of the City; and
WHEREAS, the City is authorized by Chapter 82.02 RCW to impose impact fees on behalf of and for the benefit of the District; and
WHEREAS, the City Council has determined that it is in the best interest of the residents of the City to adopt by reference the District’s Capital Facilities Plan as a sub-element of the capital facilities plan of the City’s Comprehensive Plan; and
WHEREAS, the City Council has determined that it is in the best interests of the residents of the City to adopt by reference portions of King County Ordinance No. 10162, the County’s school impact fee ordinance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF NEWCASTLE, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. District Capital Facilities Plan Adopted. The City adopts by reference the 1996 Capital Facilities Plan of Issaquah School District No. 411, King County, Washington as a sub-element of the capital facilities element in the City’s Comprehensive Plan, to apply to areas of the City located within the boundaries of the District.
Section 2. King County School Impact Fee Ordinance Sections Adopted. The City adopts by reference as the City’s school impact fee regulations Sections 2, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of King County Ordinance No. 10162, and any and all amendments thereto, except as follows:
A. "King County," "county," of "City" shall refer to the City of Newcastle;
B. "BALD" or "parks, planning and resources department" shall refer to the City’s Department of Community Development.
C. "Manager" shall refer to the City’s Manager.
D. "Zoning and subdivision examiner" shall refer to the City’s Hearing Examiner; and
E. "School district" or "district" shall refer solely to Issaquah School District No. 411.
Section 3. Impact Fee Account.
A. The District shall establish a School Impact Fee Account with the Office of the King County Treasurer, who serves as the Treasurer for the District. The Account shall be an interest bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the District.
B. For administrative convenience while processing the fee payments, the City may temporarily deposit school impact fees in a City account. The City shall deposit the school impact fees collected on behalf of the District in the District’s School Impact Fee Account.
Section 4. Fee Schedule.
A. School Impact Fees. School impact fees on development in the City located within the boundaries of the District shall be imposed at the rate for a single family dwelling units and the rate for a multi-family dwelling units currently established and adopted for the District by King County Council Ordinance.
B. City Administrative Fee. The City shall charge a fee for administering the school impact fee program in the amount established by resolution. The applicant shall pay the fee to the City at the time of paying the development application fee.
Section 5. Copy to be Available. One copy of the District’s Capital Facilities Plan and of Sections 2, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of King County Ordinance No. 10162, and any and all amendments thereto, shall be available in the office of the City Clerk for use and examination by the public.
Section 6. Repealer. Ordinance Nos. 46, 60, 90, 96-96, 96-121 and 97-128 are repealed.
Section 7. Expiration. This ordinance shall expire on February 28, 1998.
Section 8. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remainder of the ordinance or its application to any other person or circumstance.
Section 9. Effective Date. This ordinance shall take effect five days after its publication.
PASSED BY THE CITY COUNCIL ON MARCH 17, 1997.
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Ron Todd, Mayor
ATTEST:
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Candice Stephens, City Clerk
APPROVED AS TO FORM:
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Rod Kaseguma, City Attorney
Date of Publication: March 21, 1997
Effective Date: March 26, 1997