Sammamish Unified Development Code

DevelopmentStandards—AdequacyofPublicFacilitiesandServices | DevelopmentStandards

and as long as the use of such fees is consistent with the requirements of Chapter 82.02 RCW and this chapter. Pursuant to Chapter 82.02 RCW, impact fees may also be used to recoup capital and system improvement costs previously incurred by a school district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. J. Findings, recommendations, and decisions regarding school capacities 1. In making a threshold determination pursuant to SEPA, the director and/or the hearing examiner, in the course of reviewing proposals for residential development including applications for plats, mobile home parks, or multifamily zoning, and multifamily building permits, shall consider the school district’s capital facilities plan as adopted by the City council. 2. Documentation that the district is required to submit to the City of Sammamish shall be incorporated into the record in every case without requiring the district to offer such plans and data into the record. The school district is also authorized to present testimony and documents demonstrating a lack of concurrency in the district and the inability of the district to accommodate the students to be generated by a specific development. 3. Based upon a finding that the impacts generated by the plat, mobile home park or the multifamily development were generally not anticipated at the time of the last City council review and approval of a school district capital plan and were not included in the district’s long-range forecast, the director may require or recommend phasing or provision of

the needed facilities and/or sites as appropriate to address the deficiency or deny or condition approval, consistent with the provisions of this chapter, the State Subdivision Act, and the State Environmental Policy Act. 4. Determinations of the hearing examiner or director regarding concurrency can be appealed only pursuant to the provisions for appeal of the development permit process for which the determination has been made. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the City council for possible modifications. 5. Where the council has not adopted an impact fee ordinance for a particular school district, the language of this section shall not affect the authority or duties of the hearing examiner or the director pursuant to the State Environmental Policy Act or the State Subdivision Act.

K. Annual council review

On at least an annual basis, the Sammamish City council shall review the reports prepared by the King County school technical review committee and confirm that the King County council has certified the plans of the Issaquah and Lake Washington School Districts.

L. School concurrency standard

1. Schools shall be considered to have been provided concurrently with the development that will impact the schools if:

Effective | January 1, 2022

Title 21: Sammamish Development Code | 347

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