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(1) Within 14 days of acceptance by the county of a building permit application, a developer or school district may appeal to the director 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 the appeal. The director may adjust the amount of or eliminate the fee, in consideration of studies and data submitted by the developer and the affected school district, if one of the following circumstances exists:

(a) The school impact fee assessment was incorrectly calculated;

(b) Unusual circumstances exist that demonstrate the school 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 30.66C.150 above, is warranted;

(d) Any other credit specified in RCW 82.02.060(1)(b) is warranted; or

(e) The school impact fee assessment was improper under RCW 82.02.020 or RCW 82.02.050 et seq.

(2) To avoid any delay pending resolution of the appeal, school impact fees may be paid under written protest in order to obtain 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 director.

(3) Failure to file a written protest and to seek a timely appeal to the director shall preclude any appeal of the school impact fee pursuant to SCC 30.66C.310.

(4) Refunds approved under this section, or following an administrative appeal as provided in SCC 30.66C.310, shall be made to the current property owner at the time the refund is authorized, unless the current property owner releases the county and the school district from any obligation to refund the current property owner.

(5) The developer or the school district may appeal the director’s decision as provided in SCC 30.66C.310(1). (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).