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(1) School facilities shall be deemed to have adequate capacity for purposes of determining adequate provision of school facilities for approval of any residential development proposal, if the circumstances in subsections (1)(a) and (1)(b) of this section, or subsection (1)(c) of this section exist. Additionally, the provisions of subsection (1)(d) of this section must be met in all cases.

(a) The district has permanent facilities to house the students projected to be coming from the development without exceeding the adopted capacity standards of the district by more than 10 percent. Permanent facilities will not include those that have been closed for more than two years until any necessary rehabilitation has been completed.

(b) The district has the land to accommodate the permanent and portable facilities needed to serve the students projected to be coming from the development.

(c) The department certifies that the concurrency standard has been complied with. “Concurrency standard” means that the permanent and interim improvements are planned to be or are in place at the time the impacts of development are expected to occur, and that the necessary financial commitments are in place to complete the improvements necessary to serve the development within six years of the time the impacts of the development are expected to occur.

(d) Any school impact fee required by this chapter is paid or is scheduled for payment and is adequately secured.

(2) If capacity standards are or would be exceeded with the construction of a proposed development, the school facilities available to serve the development shall be deemed inadequate and the development shall not be approved until the impact fee authorized by Chapter 3.24 SMC is paid; provided, the district has met all the other provisions of SMC 3.24.080.

(3) The capacity standards and student factors for the district shall be documented by the capital facilities plan developed by the district and adopted by reference in the Stanwood Comprehensive Plan.

(4) The adequacy standards of this section shall apply to all forms of residential development which are subject to review and approval and which would result in the creation of new residential building lots or construction of new dwelling units. Reconstruction or remodeling of existing dwelling units or construction of new accessory dwelling units or commercial structures are not subject to the provisions of this chapter. (Ord. 1520 § 3 (Exh. C), 2023).