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A. Within fourteen days of issuance of a building permit by the city, a developer or the affected school district may appeal to the community development director for an adjustment to the fees imposed by this title. The community development director may adjust the amount of the fee, in consideration of studies and data submitted by the developer and the affected school district, if one of the following circumstances exists:

1. It can be demonstrated that the school impact fee assessment was incorrectly calculated;

2. Unusual circumstances of the development activity demonstrate that application of the school impact fee to the development would be unfair or unjust;

3. A credit for in-kind contributions by the developer, as provided for under this chapter, is warranted; or

4. Any other credit specified in RCW 82.02.060(1)(b) may be warranted.

B. To avoid delay pending resolution of the appeal, school impact fees may be paid under protest in order to obtain a development approval. Such written protest must be submitted at or prior to the time fees are paid, and will relate only to the specific fees identified in the protest. Failure to provide such written protest at the time of fee payment shall be deemed a withdrawal of any appeal to the community development director.

C. Failure to exhaust this administrative remedy shall preclude appeals of the school impact fee pursuant to MMC 3.50.190. (Ord. 005/2019 § 7)