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A. The Public Works Director or designee (hereafter referred to as “Director”) and the developer may consider in-kind options to satisfy all or part of the mitigation obligation. Land dedication, site preparation, and related public parks and trails system development, as well as other in-kind mitigation options, may be utilized if acceptable to the Director and the Parks and Recreation Board (Parks Board), and conforms to the 20-Year Parks and Recreation Capital Facilities Plan.

B. In approving or permitting a development, the approval authority shall consider the Director’s recommendations and act in conformity with this chapter.

C. Dedication of land and/or provision of improvements for public parks, recreation facilities, and open spaces may be accepted in lieu of payment of the park impact fees under this chapter. Credit shall be allowed only to the extent agreed between the applicant and the Director. If agreement cannot be reached, or is not appropriate, the park impact fees imposed by this chapter shall be paid.

D. The Director shall request Parks Board review of proposed dedication of land and improvements for parks, recreation facilities, and open spaces. The Parks Board recommendation shall be considered in determining the acceptability of the proposed dedication.

E. Some or all of a developer’s mitigation obligation may be satisfied by dedication or conveyance of land to the City for park and recreation facilities if, after review of an analysis of supply/demand data, the Parks Plan, and a recommendation by the Parks Board, the Director determines that the proposed land dedication or conveyance better meets the community’s need for park and recreation facilities than payment of park impact fees.

F. The following criteria shall be considered in determining the extent to which the proposed dedication or conveyance meets the requirements of this chapter:

1. The land and its development shall result in an integral element of the Parks Capital Facilities Plan identified as serving growth;

2. The land should be suitable for future active park and recreation facilities;

3. The land should be of a size and horizontal and vertical configuration necessary to accommodate identified recreational uses;

4. The land should have public access via a public street or an easement of an appropriate width and accessibility;

5. The land should be located in or near areas designated by City park, trail, or land use plans for parks and recreation purposes;

6. The land should provide linkage between City and/or other publicly owned recreation properties;

7. The land shall be surveyed or adequately marked with survey monuments, or otherwise readily distinguishable from adjacent privately owned property;

8. The land should have no known physical problems associated with it, such as problems with drainage, erosion, or the presence of hazardous waste, which the Director determines would cause inordinate demands on public resources for maintenance and operation;

9. The land should be reasonably unencumbered with easements, utilities, and critical areas to be suitable for identified recreational uses and improvements.

G. Some or all of a developer’s mitigation obligation may be satisfied by the purchase, installation, and/or improvement of park and recreation facilities located on land owned by the City if:

1. The City is responsible for permanent, continuing maintenance and operation of the facilities;

2. The Director determines that the facilities correspond to the type(s) of park and recreation facilities designated as serving growth in the Parks Capital Facilities Plan; and

3. A final plat may be approved or a building permit for an individual lot may be issued following the City’s determination that the specified in-kind mitigation has been completed in a satisfactory manner. The City may approve a final plat or a building permit for an individual lot with in-kind mitigation incomplete only when the provisions of SMC 14.215.060 are satisfied. (Ord. 2299, 2016; Ord. 2401, 2020)