A. A developer may request and the community development director may grant a credit against school impact fees otherwise due under this title, for the value of any dedication of land for, improvement to, or new construction of any capital facilities identified in the affected school district’s capital facilities plan provided by the developer. Such requests must be accompanied by supporting documentation of the estimated value of such in-kind contributions. All requests must be submitted to the department in writing prior to its determination of the impact fee obligation for the development activity. Each request for credit will be immediately forwarded to the affected school district for evaluation.

B. Where the affected school district determines that a development activity is eligible for a credit for a proposed in-kind contribution, it shall provide the department and the developer with a letter setting forth the justification for and dollar amount of the credit, the legal description of any dedicated property, and a description of the development activity to which the credit may be applied. The value of any such credit may not exceed the impact fee obligation of the development activity in question.

C. Where there is agreement between the developer and the affected school district concerning the value of proposed in-kind contributions, their eligibility for a credit, and the amount of any credit, the community development director may: (1) approve the request for credit and adjust the impact fee obligation accordingly; and (2) require that such contributions be made as a condition of development approval. Where there is disagreement between the developer and the affected school district regarding the value of in-kind contributions, however, the community development director may render a decision that can be appealed by either party pursuant to city administrative appeal procedures.

D. For subdivisions, PRDs and other large-scale developments where credits for in-kind contributions are proposed or required, it may be appropriate or necessary to establish the value of the credit on a per-unit basis as a part of the development approval. Such credit values will then be recorded as part of the plat or other instrument of approval and will be used in determining the fee obligation, if any, at the time of building permit issuance for development activity. In the event that such credit value is greater than the impact fee in effect at the time of permit issuance, the fee obligation shall be considered satisfied, and the balance of the credit may be transferable to future developments by the applicant with agreement by the affected school district. (Ord. 005/2019 § 7)