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Fire capital improvements may be offered by the developer as total or partial payment of the required impact fee. The offer must specifically request or provide for a fire impact fee credit. If the director accepts such an offer, whether the acceptance is before or after the effective date of the ordinance codified in this chapter, the credit shall be determined and provided in the following manner:

A. Credit for the dedication of land shall be valued at 100 percent of the most recent assessed value by the King or Snohomish County property appraiser, by such other appropriate method as the council may have accepted prior to the effective date of the ordinance codified in this chapter for particular fire improvements, or by fair market value established by private appraisers acceptable to Bothell. Credit for the dedication of fire facility land shall be provided when the property has been conveyed at no charge to, and accepted by, the city in a manner satisfactory to the council.

B. Applicants for credit for construction of fire improvements shall submit acceptable engineering drawings and specifications, and construction cost estimates to the director. The director shall determine credit for construction based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the director determines that such estimates submitted by the applicant are either unreliable or inaccurate. The director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, and the legal description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating their agreement to the terms of the letter or certificate and return such signed document to the director before credit will be given. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.

C. Except as provided in subsection D of this section, credit against impact fees otherwise due will not be provided until:

1. The construction is completed and accepted by the city;

2. A suitable maintenance and warrant bond is received and approved by the city, when applicable.

D. Credit may be provided before completion of specified fire improvements if adequate assurances are given by the applicant that the standards set out in C of this section will be met and if the developer posts security as provided below for the costs of such construction. Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the director. If the fire construction project will not be constructed within one year of the acceptance of the offer by the director, the amount of the security shall be increased by 10 percent compounded for each year of the life of the security. If the fire construction project is not to be completed within five years of the date of the developer’s offer, the council must approve the fire construction project and its scheduled completion date prior to the acceptance of the offer by the director.

E. Any claim for a credit must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

F. Credits shall not be transferable from one project or development to another without the approval of the council and may only be transferred to a different development upon a finding by the council that the dedication for which the credit was given benefits the different impact fee service area.

G. Determinations made by the director pursuant to this section may be appealed to the council by filing a written request with the director within 10 days of the official’s determination. (Ord. 2210 § 1, 2016).