19.53.080 Individual project parks impact fee adjustments.
A. The city may adjust a parks impact fee at the time the fee is imposed in order to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly.
B. In calculating the fee imposed on a particular development, the city shall permit consideration of studies and data submitted by a developer in order to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the director, who shall review the study to determine that the study:
1. Is based on accepted impact fee assessment practices and methodologies;
2. Uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity;
3. Complies with applicable state laws governing impact fees;
4. Is prepared and documented by professionals who are mutually agreeable to the city and the developer and who are qualified in their respective fields; and
5. Shows the basis upon which the independent fee calculation was made.
C. In reviewing the study, the director may require the developer to submit additional or different documentation. If an acceptable study is presented, the director may adjust the fee for the particular development activity. The director shall consider the documentation submitted by the applicant, but is not required to accept such documentation that the director reasonably deems to be inaccurate or unreliable.
D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this chapter in order to obtain a building permit while the city determines whether to partially reimburse the developer by making an adjustment or by accepting the independent fee calculation or request the deferral process outlined in EMC 19.53.120. (Ord. 3830-21 § 3, 2021.)