19.04.140 Credits.
Park land and/or park capital improvements may be offered by the developer as total or partial payment of the required impact fee. Development activity for which park impacts were intended to be mitigated pursuant to a condition of plat or PUD approval, dedications of land or construction of, or improvement to park facilities that predate this chapter, unless the condition of the plat or PUD approval provides otherwise, may also be considered for credit hereunder; provided, that any such mitigation measure was made pursuant to the capital facilities plan (CFP). Any new offer must specifically request or provide for a park impact fee credit. If the parks director accepts such an offer, whether the acceptance is before or after the effective date of the ordinance codified in this chapter, the credit shall be determined and provided in the following manner:
A. Credit for the dedication of land shall be valued at fair market value established by private appraisers acceptable to the city. Credit for the dedication of park land shall be provided when the property has been conveyed at no charge to, and accepted by the city.
B. Applicants for credit for construction of park improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the parks director. The parks director shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the parks director determines that such estimates submitted by applicants are either unreliable or inaccurate. The parks director shall provide applicants with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description of the project or development to which the credit may be applied. Applicants must sign and date a duplicate copy of such letter or certificate indicating their agreement to the terms of the letter or certificate and return such signed document to the parks director before credit will be given. The failure of an applicant to sign, date, and return such document within 60 days shall nullify the credit.
C. Except as provided in subsection (D) of this section, credit against impact fees otherwise due will not be provided until:
1. The construction is completed and accepted by the parks director; and
2. A suitable maintenance and warranty bond is received and approved by the parks director, when applicable.
D. Credit may be provided before completion of specified park improvements if adequate assurances are given by the applicant that the standards set out in subsection (C) of this section will be met and if the developer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the parks director in an amount determined by the parks director. If the park construction project will not be constructed within one year of the acceptance of the offer by the parks director, the amount of the security shall be increased by 10 percent compounded for each year of the life of the security. The security shall be reviewed and approved by the parks director prior to acceptance of the security. If the park construction project is not to be completed within six years of the date of the developer’s offer, the city council must approve the park construction project and its scheduled completion date prior to the acceptance of the offer by the parks director.
E. Any claim for credit must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.
F. Credits shall not be transferable from one project or development to another without the approval of the city council and may only be transferred to a different development upon a finding by the council that the dedication for which the credit was given benefits the different impact fee service area.
G. Determinations made by the parks director pursuant to this section may be appealed to the hearing examiner by filing a written request with the parks director within 10 days of the parks director’s determination. Hearing proceedings shall conform with BMC 19.04.070(C)(2). [Ord. 2006-02-012].