A. A developer may request, and the planning and community development director may grant, a credit against school impact fees otherwise due under this chapter for the value of any dedication of land or improvement to or new construction of any capital facilities identified in the 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. Each request for credit will be immediately forwarded to the affected school district for its evaluation and comment prior to a decision by the director. The director shall consider the school district comments in light of the consistency of the dedication, improvement or construction with the district’s capital facilities plan and the impact to school district facilities from the proposed development.

B. Where a school district determines that a development 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 unless requested by the school district and approved by the city’s planning and community development director.

C. Where there is agreement between the developer and the school district concerning the value of proposed in-kind contributions, their eligibility for a credit, and the amount of any credit, the director may approve the request for credit and adjust the impact fee obligation accordingly, and require that such contributions be made as a condition of development approval. Where there is disagreement between the developer and the school district regarding the value of in-kind contributions, however, the planning and community development director may render a decision that can be appealed by either party pursuant to the procedures in EMC 15.02.600. (Ord. 3774-20 § 5(AA) (Exh. 3), 2020.)