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A. Pursuant to RCW 82.02.060(3), a reasonable credit shall be allowed for the conveyance of land for, improvements to, or new construction of any park system improvements provided by a developer to park, open space or recreation facilities identified in the capital facilities element of the comprehensive plan and that are the subject of impact fees to be paid by the developer under this chapter. Any request for a credit against impact fees shall be made and decided no later than the approval of the permit triggering the imposition of impact fees.

B. All land proposed to be conveyed to the city in exchange for a credit against impact fees shall meet all of the following requirements:

1. The land must be conveyed free and clear of all liens and encumbrances;

2. The land must be readily accessible to the general public;

3. The land must have a site, size, and location consistent with a park system improvement described in the comprehensive plan; and

4. The land must be suitable for the proposed park uses and for inclusion in the city’s park system, as determined by the community development director.

The city may decide to accept land which does not meet all of these standards in unusual circumstances where the land to be conveyed provides a unique benefit, such as where the land has waterfront access, or provides significant open space or trail corridor.

C. The amount of the credit shall be the value of the land and improvements conveyed to the city; provided, that in no case shall the amount of the credit exceed the amount of the impact fee imposed on the development activity. If the value of the land and improvements exceeds the total park impact fees to be paid by the development, no impact fees shall be due. If the value of the land and improvements is less than the impact fees due, the developer will be required to pay the difference.

D. Credits shall not be transferable from one property, project, or development activity to another. (Ord. 005/2019 § 8)