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2 <br /> in the protest.Failure to provide such written protest at the time of fee payment shall be deemed <br /> a withdrawal of any appeal to the director. <br /> C. Failure to file a written protest and to seek a timely appeal to the director shall preclude <br /> any appeal of the school impact fee pursuant to EMC Chapter 15.24. <br /> D. Refunds approved under this section,or following an administrative appeal as provided <br /> in EMC Chapter 15.24, shall be made to the current property owner at the time the refund is <br /> authorized,unless the current property owner releases the county and the school district from any <br /> obligation to refund the current property owner. <br /> E. The developer or the school district may appeal the director's decision as provided in <br /> EMC Chapter 15.24. <br /> Section 14. Appeals of decisions-procedure. <br /> A. Any person aggrieved by a decision to impose,impose modifications,or waive an impact <br /> fee under this chapter may appeal the decision to the hearing examiner. Where there is an <br /> administrative appeal process for the underlying development approval,appeals of an impact fee <br /> under this chapter must be combined with the administrative appeal for the underlying <br /> development approval. Where there is no administrative appeal for the permit,then appeal of the <br /> impact fee shall proceed as a Type 1 appeal pursuant to EMC chapter 15.24.Appeals shall be <br /> limited to application of the impact fee provisions to a specific development. <br /> B. The impact fee may be modified or refunded upon a determination based on the <br /> application of the criteria contained in Section 13 of this Ordinance. <br /> Section 15. Arbitration of disputes. <br /> With the consent of the developer and the affected district, a dispute regarding imposition or <br /> calculation of a school impact fee maybe resolved by arbitration. <br /> Section 16. Severability. Should any section,paragraph,clause or phrase of this Ordinance,or <br /> its application to any person or circumstance,be declared unconstitutional or otherwise invalid <br /> for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or <br /> regulations,this shall not affect the validity of the remaining portions of this Ordinance or its <br /> application to other persons or circumstances. <br /> Section 17. Conflict. In the event there is a conflict between the provisions of this Ordinance <br /> and any other City ordinance,the provisions of this Ordinance shall control. <br /> Section 18. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to <br /> make necessary corrections to this Ordinance including,but not limited to,the correction of <br /> 7 <br /> 11 <br />