3.93.065 Assessment of fees and exemptions for early learning facilities.
A. The purpose of this section is to facilitate the development of early learning facilities by establishing limitations on impact fee assessments and providing for exemptions consistent with RCW 82.02.060.
B. “Early learning facility” means a facility providing regularly scheduled care for a group of children one month of age through 12 years of age for periods of less than 24 hours.
C. Fee Assessment Limitation. Impact fees imposed on development activities of an early learning facility may not be greater than that imposed on commercial retail or commercial office development activities that generate a similar number, volume, type, and duration of vehicle trips.
D. Fee Assessment and Exemptions for Multi-Use Developments. When a facility or development has more than one use, the limitations of subsection (C) of this section or the exemption applicable to an early learning facility in subsection (E) of this section only apply to that portion that is developed as an early learning facility. The impact fee assessed on an early learning facility in such a development or facility may not exceed the least of the impact fees assessed on comparable businesses in the facility or development.
E. Exemptions. Building permits for early learning facilities are exempt from the requirement to pay impact fees when the following conditions are met:
1. The exemption must be conditioned on requiring the property owner to record a covenant in a form approved by the City with the Skagit County Auditor. The covenant must run with the land and be binding on the owner, assigns, heirs and successors and must:
a. Require that at least 25 percent of the children and families using the early learning facility qualify for State subsidized childcare, including early childhood education and assistance under Chapter 43.216 RCW.
b. Provide that if at any point during a calendar year does the early learning facility not achieve the required percentage of children and families qualified for State subsidized childcare using the early learning facility, the property owner must pay 20 percent of the impact fee that would have been imposed on the development had there not been an exemption within 90 days of the City notifying the owner of the breach, and any balance remaining thereafter must be a lien on the property.
c. Provide that if the property is converted to another use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time of conversion.
2. If the City collects impact fees on behalf of a school district, the school district must approve the exemption. (Ord. 4004 § 1 (Att. A), 2022)