Ordinance 3396-14 - Laserfiche WebLink

pursuant to RCW 82.02.080(1). For purposes of this chapter, "encumbered" means school impact fees identified by the district to be committed as part of the funding for capital facilities for which the publicly funded share has been assured, development approvals have been sought or construction contracts have been let. B. When the county seeks to terminate any or all impact fee requirements under this section, all unexpended or unencumbered funds, including interest earned, shall be refunded in accordance with RCW 82.02.080(2). C. Refunds provided for under this section shall be paid only upon submission of a proper claim pursuant to county claim procedures. Such claims must be submitted within one year of the date the right to claim the refund arises, or the date that notice is given, whichever is later. Section 12. Reimbursement for administrative costs, legal expenses, and refund payments. Each participating school district shall enter into an agreement with the City for reimbursement of the actual administrative costs of assessing, collecting and handling fees for the district, any legal expenses and staff time associated with defense of this chapter against district-specific challenges, and payment of any refunds provided under Section 11 of this Ordinance. Section 13. Administrative adjustment of fee amount. A. Within 14 days of acceptance by the City 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 planning and community development 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: 1. The school impact fee assessment was incorrectly calculated; 2. Unusual circumstances exist that demonstrate the school impact fee is unfair as applied to the specific development; 3. A credit for in-kind contributions by the developer, as provided for under Section 7 of this Ordinance, is warranted; 4. Any other credit specified in RCW 82.02.060(1)(b) is warranted; or 5. The school impact fee assessment was improper under RCW 82.02.020 or RCW 82.02.050 et seq. B. 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 6