(a) School impact fees shall be imposed for District capital facilities that are necessarily related to the development under consideration, shall not exceed a proportionate share of the costs of the system improvements that are reasonably needed to the development, and shall be used for system improvements that will reasonably benefit the new development.

(b) School impact fees must be expended or encumbered for permissible use within 10 years of receipt by the District.

(c) To the extent permitted by law, school impact fees may be collected for capital facilities costs previously incurred to the extent that new growth and development will be served by the previously constructed capital facilities; provided, that school impact fees shall not be imposed to make up for any existing system deficiencies.

(d) A developer required to pay a fee pursuant to RCW 43.21C.060 (SEPA) for capital facilities shall not be required to pay a school impact fee pursuant to this chapter and RCW 82.02.050 through 82.02.090 for the same capital facilities.

(a) A developer may request and the District may grant a credit against school impact fees otherwise due under this chapter for the value of any dedication of land, 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 District in writing prior to the City’s determination of the impact fee.

(b) Where the District determines that a development activity is eligible for a credit for a proposed in-kind contribution, it shall provide the City and the developer with a letter setting forth the justification for and a 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 application.

(c) Where there is agreement between the developer and the District concerning the value of proposed in-kind contributions, the developer’s eligibility for a credit, and the amount of any credit, the City may:

(a) The City shall review development proposals and development activity permits pursuant to all applicable state and local laws and regulations, including the State Environmental Policy Act (Chapter 43.21C RCW), the state subdivision law (Chapter 58.17 RCW), and the applicable sections of this code. Following such review, the City may condition or deny development approval as necessary or appropriate to mitigate or avoid significant adverse impacts to school services and facilities, to assure that appropriate provisions are made for schools, school grounds, and safe student walking conditions, and to ensure that development is compatible and consistent with the District’s services, facilities, and capital facilities plan.

(b) Impact fees required by this chapter for development activity, together with compliance with development regulations and other mitigation measures offered or imposed at the time of development review and development activity review, shall constitute adequate mitigation for all of a development’s specific adverse environmental impacts on the school system for the purposes of this chapter. Nothing in this chapter prevents a determination of significance from being issued, the application of new or different development regulations, and/or requirements for additional environmental analysis, protection, and mitigation measures to the extent required by applicable law. [Ord. 4046, 2012; Code 1970 § 3.133.030.]