18.35.190 Request for impact fee credits – Park and recreation and trail facilities.
(1) Residential and multifamily developments that propose to provide private park and recreation and trail facilities shall not receive a credit against the park impact fee, unless otherwise determined by the Parks and Recreation Director, in accordance with this section, and CMC Title 19. Any request for a credit shall be submitted in accordance with CMC Title 19.
(2) The applicant may request a credit be applied to the park impact fee based on the installation of a private park and recreation facility, construction of a private trail, or the dedication of land for future park and recreation and trail facilities. The applicant shall be responsible for all cost associated with preparing data and analysis to determine if the private park and recreation or trail facilities provided on private land satisfy the applicant’s requirement to mitigate for park and recreation level of service deficiencies.
(3) The Parks and Recreation Director is responsible for making a final decision pertaining to a request for park impact fee credits. The applicant shall submit the following information, in addition to the minimum requirements in Chapter 19.20 CMC, to be considered:
(a) Supply and demand data that identifies proposed private park and recreation facility would better meet community needs for parks and recreation facilities than payment of park impact fees.
(b) The location and design of the park and recreation facilities are consistent with comprehensive plan and any applicable park and recreation plans, as amended.
(c) Site plan and supporting documents that show the proposed private park and recreation facility meets the following minimum criteria:
(i) The land and its development are an integral element of the comprehensive plan;
(ii) The land is suitable for future active park and recreation facilities pursuant to the comprehensive plan;
(iii) The land is a size and horizontal and vertical configuration necessary for the design of recreation facilities that meet the City’s park standards identified in the comprehensive plan;
(iv) The land has public access via a public street;
(v) The land is located near areas designated by the City for park, trail or recreation purposes;
(vi) The land provides a link between City and/or other publicly owned recreation properties.
(d) The land shall be surveyed or adequately marked with survey monuments, or otherwise readily distinguishable from adjacent property.
(e) The land shall have no known physical problems associated with it, such as problems with drainage, erosion or flooding, or the presence of hazardous waste, which the Director determines would cause inordinate demands on public resources for maintenance and operation.
(f) The land shall have no known on-site safety hazards. Substandard vehicular and pedestrian facilities shall be considered but shall not alone be used to disqualify a proposed site dedication.
(g) The Director may require a developer to post financial guarantee consistent with CMC Title 14 for the maintenance of any private park and recreation facility as a method of showing long-term maintenance for a time as specified by the Director. (Ord. 10-17 § 5 (Exh. C))