Sec. 655.412. - Mitigation Options.

Mitigation shall be allowed where feasible, as identified in Section 655.411 above. The applicant shall initiate in writing a mitigation negotiation period with the DCPS and the City in order to establish an acceptable form of mitigation. Mitigation shall be negotiated and agreed to by the DCPS and the City and shall be sufficient to offset the demand for public school facilities projected to be required by the development. Proposed mitigation must be directed toward school capacity improvement identified in the DCPS financially feasible Five-Year Capital Facilities Plan, which satisfies the demands created by the proposed development. Relocatable classrooms will not be accepted as mitigation. Mitigation Agreements shall be permitted for a term of up to ten years. Acceptable forms of mitigation shall include but not be limited to: (a) The donation, construction, or funding of school facilities sufficient to offset the demand for public schools created by the proposed development under a Mitigation Agreement satisfactory to the DCPS and the City. Improvements to existing schools will only be acceptable if they add student station and associated core space capacity. (b) Land acquisition or contribution such as: a developer signs a development Agreement or is subject to a conditional zoning requiring donation of land satisfactory to the DCPS and the City. Land must be demonstrated to contain the minimum number of buildable acres determined by the DCPS as required for a particular school type, as evidenced by a report by a licensed environmental consultant acceptable to the DCPS. (c) Expansion of existing permanent school facilities subject to the expansion being consistent with DCPS standards for a school of the same category. (d) Establishment of a Charter School with facilities constructed in accordance with the SREF. (e) Mitigation banking within designated areas based on the construction of a public school facility in exchange for the right to sell capacity credits. Capacity credits shall be sold to developments within the same CSA or adjacent CSA. (f) Project phasing considerations. (g) Proportionate Share mitigation subject to Section. 655.413 . (Ord. 2007-1146-E, § 2)