Sammamish Unified Development Code

Administration | School Impact Fees

the condition of the plat or PUD approval predates the effective date of a school district’s fee implementing ordinance; f. Any development activity for which school impacts have been mitigated pursuant to a voluntary agreement entered into with a school district to pay fees, dedicate land or construct or improve school facilities, unless the terms of the voluntary agreement provide otherwise; provided, that the agreement predates the effective date of a school district’s fee implementing ordinance; g. Housing units that fully qualify as housing for persons age 55 and over meeting the requirements of the Federal Housing Amendments Act of 1988, 42 U.S.C. 3607b.2.c. and b.3., as subsequently amended, and that have recorded covenants or other legal arrangements precluding school-aged children as residents in those units;

3. The fee amount established in the schedule shall be reduced by the amount of any payment previously made for the lot or development activity in question, either as a condition of approval or pursuant to a voluntary agreement with a school district entered into after the effective date of a school district’s fee implementing ordinance. 4. After the effective date of a school district’s fee implementing ordinance, whenever a development is granted approval subject to a condition that the developer actually provide school sites, school facilities, or improvements to school facilities acceptable to the district, or whenever the developer has agreed, pursuant to the terms of a voluntary agreement with the school district, to provide land, provide school facilities, or make improvements to existing facilities, the developer shall be entitled to a credit for the value of the land or actual cost of construction against the fee that would be chargeable under the formula provided by this chapter. The land value or cost of construction shall be estimated at the time of approval, but must be documented. If construction costs are estimated, the documentation shall be confirmed after the construction is completed to assure that an accurate credit amount is provided. If the land value or construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. 5. Impact fees may be adjusted by the City, at the City’s discretion, if one of the following circumstances exist; provided, that the discount set forth in the fee formula fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee:

h. Mobile homes permitted as temporary dwellings pursuant to SDC 21.05.030H.; and

i. Accessory dwelling units as defined in SDC 21.04.040B. (94) and SDC 21.05.010C.2.e.i. 2. Arrangement may be made for later payment with the approval of the school district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district, is provided to assure payment. Security shall be made to and held by the school district, which will be responsible for tracking and documenting the security interest.

666 | Title 21: Sammamish Development Code

Effective | January 1, 2022

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