A. Arrangements may be made for later payment of the impact fee with the approval of the district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district, is provided to assure payment. Security shall be made to and held by the district, which will be responsible for tracking and documenting the security interest.

B. The fee amount established in the schedule shall be reduced by the amount of any eligible payment previously made for the lot or development activity in question, either as a condition of approval or pursuant to a voluntary agreement.

C. Whenever a development is granted approval subject to a condition that the development actually provide a school site or facility acceptable to the district, the developer shall be entitled to a credit for the value of the facility, based on the actual cost of providing the facility, against the fee that would be required by this chapter. The value of the facility shall be estimated at the time of approval, but must be documented, and the documentation confirmed after the facility is completed to assure that an accurate credit amount is provided. If facility value based on actual costs is less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee.

D. The standard impact fees may be adjusted by the planning director, if one of the following circumstances exists:

E. In cases where a developer requests a fee calculation adjustment, exception or a credit pursuant to subsection (C) of this section, the planning director shall consult with the district and the district shall advise the planning director prior to the planning director making the final impact fee determination.

F. A developer may provide, and the planning director shall review, studies and data as a part of a request for a fee calculation adjustment, exception, or credit.

G. Any appeal of the final decision of the planning director with regard to fee amounts may be made by the developer, district, or other aggrieved party and shall follow the process for the appeal of the underlying development application, as set forth in the Auburn City Code. The planning director’s decision shall be given substantial weight and the appellant shall have the burden of proof that the final fee determination is unfair, taking into account the purposes and intent of Chapter 82.02 RCW and this chapter.

H. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. However, such payment under protest shall not excuse the applicant’s obligation to timely exhaust all administrative remedies and to comply with all applicable time limitation periods. (Ord. 6341 § 2, 2011; Ord. 5078 § 1, 1998.)