19.12.170 Appeals.
A. Decision on Impact Fee. The director shall issue a written decision on the parks and/or transportation impact fee amount as described in this chapter. The superintendent shall issue a written decision on the school impact fee amount as described in this chapter.
B. Reconsideration by Superintendent.
1. In order to request reconsideration of the superintendent’s decision, the developer shall make a written request to the superintendent for a meeting to review the fee amount, together with a written request for reconsideration. The request for reconsideration shall state in detail the grounds for the request and shall be filed with the superintendent within 15 days after the superintendent’s decision on the school impact fees.
2. The superintendent shall consider any studies and data submitted by the developer seeking to adjust the amount of the fee. The superintendent shall issue a written decision on reconsideration within 30 working days of the superintendent’s receipt of the request for reconsideration or the meeting with the developer, whichever is later.
C. Reconsideration by Director.
1. In order to request reconsideration of the director’s decision, the developer shall make a written request to the director for a meeting to review the fee amount, together with a written request for reconsideration. The request for reconsideration shall state in detail the grounds for the request, and shall be filed with the director within 15 days after issuance of the director’s decision on the impact fees.
2. The director shall consider any studies and data submitted by the developer seeking to adjust the amount of the fee. The director shall issue a written decision on reconsideration within 10 working days of the director’s receipt of the request for reconsideration or the meeting with the developer, whichever is later.
D. Appeal of Decision on Reconsideration to Hearing Examiner. A developer may appeal the amount of the impact fee established in the decision on reconsideration of the director or superintendent to the hearing examiner, who shall conduct a public hearing on the appeal. In the case of school impact fees, the school district shall provide for a hearing examiner to hear the appeal.
1. An appeal of the impact fee after reconsideration may be filed without appealing the underlying permit. If the developer files an appeal of the underlying permit and the impact fee, the city may consolidate the appeals.
2. The developer shall bear the burden of proving:
a. That the director or superintendent committed error in calculating the developer’s proportionate share, as determined by an individual fee calculation, or, if relevant, as set forth in the impact fee schedule, or in granting credit for the benefit factors; or
b. That the director or superintendent based his determination upon incorrect data.
3. An appeal of the decision of the director or superintendent on reconsideration must be filed with the city planning department within 14 calendar days of issuance of that decision.
E. Appeals of Hearing Examiner’s Decision. Appeals from the decision of the school district hearing examiner or the city hearing examiner shall be to superior court as provided in Chapter 36.70C RCW. (Ord. 1309 § 6, 2015; Ord. 963 § 13, 2004; Ord. 828 § 18, 1999).