A. Any person aggrieved by a decision to impose, impose modifications to, or waive an impact fee under this chapter may appeal the decision to the hearing examiner. Where there is an administrative appeal process for the underlying development approval, appeals of an impact fee under this chapter must be combined with the administrative appeal for the underlying development approval. Where there is no administrative appeal for the permit, then appeal of the impact fee shall proceed as a Type 1 appeal pursuant to EMC 15.02.600. Appeals shall be limited to application of the impact fee provisions to a specific development.

B. The impact fee may be modified or refunded upon a determination based on the application of the criteria contained in EMC 19.52.130. (Ord. 3774-20 § 5(AA) (Exh. 3), 2020.)