22.18.070 Appeals and independent calculations.
A. The city may adjust the amount of the school impact fee assessed if one of the following circumstances exist; provided, that the developer can demonstrate to the city’s satisfaction that the discount set forth in the fee formula (F=UN/2) fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee:
1. The developer demonstrates to the city’s satisfaction that an impact fee assessment was incorrectly calculated; or
2. Unusual and unique circumstances identified by the developer demonstrates that if the standard impact fee amount were applied to the development, it would be unfair, unjust or unlawful.
B. Requests for fee adjustments, and the administrative appeals process for the appeal of an impact fee, shall follow the process for the appeal of the underlying development application. In cases where no administrative appeal is provided for the underlying action, the appeal shall be processed pursuant to the Process II appeal procedures (LUC 20.35.250), except that the appeal must be received by the city clerk no later than 5:00 p.m. on the 14th day following the date of issuance of the underlying development application, if publication of the decision is not required.
C. A developer may provide studies and data to demonstrate that any particular factor used by the district may not be appropriately applied to the development proposal, but the district’s data shall be presumed valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost of the studies and data, and must demonstrate to the city’s satisfaction that the discount set forth in the fee formula (F=UN/2) fails to adjust for the error in the factor or in the fee calculation.
D. Any appeal of the decision of the hearing examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors in the formula identified as a result of an appeal should be referred to the council for possible modification.
E. Impact fees may be paid under protest, but if the fee is protested, the city shall make construction or development pursuant to the issuance of any approval or permit so obtained conditional upon final resolution of the protest. (Ord. 4978 § 34, 1997; Ord. 4801 § 2, 1995; Ord. 4767 § 1, 1995.)