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This chapter shall apply to all residential development establishing a new dwelling unit, unless such residential dwelling unit has been the subject of a development application that:

A. Previously paid school mitigation fees;

B. Was approved under a SEPA process that established a school mitigation fee, for which the SEPA approval has not expired, and for which a building permit has not been issued; or

C. Is for a building permit within a development approved prior to the effective date of this chapter, which was not subject to school mitigation fees under the State Environmental Policy Act, provided the building permit is not expired. (Ord. 3774-20 § 5(AA) (Exh. 3), 2020.)