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(1) A developer may request a credit against park and recreation impact fees due under this chapter for the dedication of land, or improvement to or construction of any capital facilities identified in the capital facilities plan.

(2) All credit requests must be submitted to the director of the department of conservation and natural resources concurrently with the development application and be accompanied by supporting documentation.

(3) The director of the department of conservation and natural resources shall review a credit request to determine whether the proposed in-kind contribution is eligible for credit under the following eligibility criteria:

(a) A proposal for purchase, installation and/or improvement of park and recreation facilities located on land owned by the county shall be eligible for credit if:

(i) The county is responsible for continuing maintenance and operation of the facilities;

(ii) The director of the department of conservation and natural resources determines that the facility contribution corresponds to the type(s) of park and recreation facilities listed in the capital facilities plan;

(iii) The facility contribution is located in the same PSA; and

(iv) The director of the department of conservation and natural resources determines, after analysis of supply and demand data and the Snohomish County Park and Recreation Element, that the proposed park and recreation facility contributions would better meet the community’s need for facilities than would an impact fee.

(b) A proposal to dedicate or convey land to the county for park and recreation facilities may satisfy some or all of a developer’s park and recreation impact fee obligation if the director of the department of conservation and natural resources determines, after analysis of supply/demand data and the Snohomish County Park and Recreation Element, that the proposed land dedication or conveyance would better meet the community’s need for facilities than would an impact fee. The director of the department of conservation and natural resources shall also consider, among other criteria, the extent to which the proposed dedication or conveyance meets the following criteria:

(i) The land should be suitable for future active park and recreation facilities;

(ii) The land should have public access via a public street or an easement of an equivalent width and accessibility;

(iii) The land should be surveyed or otherwise readily distinguishable from adjacent property;

(iv) The land must have no known physical defect, such as problems with drainage, erosion or flooding, or the presence of hazardous waste, which the director of the department of conservation and natural resources determines would cause inordinate demands on public resources for maintenance and operation;

(v) The land should have no known on-site safety hazards; and

(vi) The developer must be willing to provide and fund, for an interim period of three years, unless extended in writing by the director of the department of conservation and natural resources, a method acceptable to the director of the department of conservation and natural resources for managing and maintaining the land.

(4) The credit granted for any in-kind contribution may not exceed the development’s impact fee obligation, except as provided in SCC 30.66A.065.

(5) The developer’s credit request shall be reviewed in accordance with the eligibility criteria set forth above. The director of the department of conservation and natural resources shall then notify the developer in writing whether the department will accept some or all of the developer’s proposal as an in-kind credit.

(6) The director of the department of conservation and natural resources may find it necessary to establish the value of the credit on a per-unit basis as a part of the development approval for subdivisions, PRDs and other large-scale developments where credits for in-kind contributions on pre-existing lots are proposed or required. The resulting credit values will then be recorded as part of the subdivision or other instrument of approval and will be used in determining the fee obligation, if any, at the time of building permit application for the development activity.

(7) If the developer disagrees with the valuation of proposed in-kind contributions made by the director of the department of conservation and natural resources, the developer may appeal the decision pursuant to the procedures in SCC 30.66A.140. (Added by Amended Ord. 04-016, Feb. 23, 2005, Eff date Mar. 11, 2005; Amended by Amended Ord. 16-099, Nov. 14, 2016, Eff date Jan. 1, 2017; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021).