30.66A.130 Administrative adjustment of fee amount.
(1) A developer may appeal to the director of the department of conservation and natural resources for an adjustment to the amount of or an elimination of fees imposed under this chapter by submitting a written explanation of the basis for appeal within 14 days of acceptance by the county of a building permit application. The director of the department of conservation and natural resources may adjust the fee amount, in consideration of information submitted by the developer, if one of the following circumstances exists:
(a) The park and recreation impact fee assessment was incorrectly calculated;
(b) Unusual circumstances exist that demonstrate the park and recreation impact fee is unfair as applied to the specific development;
(c) A credit for in-kind contributions by the developer, as provided for under SCC 30.66A.060, is warranted;
(d) Any other credit specified in RCW 82.02.060(1)(b) is warranted; or
(e) The impact fee assessment was improper under RCW 82.02.020 or RCW 82.02.050 et seq.
(2) Park and recreation impact fees may be paid under protest in order to obtain a development approval without delay pending resolution of the appeal. A 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.
(3) Failure to file a written protest and to seek a timely appeal to the director of the department of conservation and natural resources shall preclude any appeal of the park and recreation impact fee under SCC 30.66A.140.
(4) Refunds approved under this section, or following an administrative appeal as provided in SCC 30.66A.140, shall be made to the current property owner at the time the refund is authorized, unless the current property owner releases the county from any obligation to refund the current property owner.
(5) The developer may appeal the decision of the director of the department of conservation and natural resources as provided in SCC 30.66A.140. (Added by Amended Ord. 04-016, Feb. 23, 2005, Eff date Mar. 11, 2005; Amended by Amended Ord. 16-060, Aug. 24, 2016, Eff date Sept. 12, 2016; Amended by Amended Ord. 20-081, Jan. 20, 2021, Eff date Jan. 30, 2021).