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(1) The current school impact fee may be adjusted by the Director of Community and Economic Development, if one of the following circumstances exists:

(a) The developer demonstrates that an impact fee assessment was improperly calculated; or

(b) Unusual circumstances demonstrated by the developer that adjustments to the school impact fee at the time the fee is imposed are necessary to accommodate unusual circumstances in specific cases to ensure that the impact fees are imposed fairly.

(2) The developer demonstrates that the school impacts have been mitigated pursuant to a voluntary agreement entered into with the District upon the dedication of land or the construction or improvement of school facilities that warrant either a reduction or exemption from the payment of school impact fees.

(3) In all cases where the developer requests an adjustment or exemption from fees, the Director of Community and Economic Development shall consult with the District and the District shall advise the Director of Community and Economic Development prior to the Director making the final impact fee determination. The Director of Community and Economic Development shall consider, in addition to the advice of the District, any studies, data, calculations and reports provided by the developer as a part of its request for a fee calculation adjustment prior to making the final impact fee determination.

(4) The developer, or the District, may appeal the final determination of the Director of Community and Economic Development regarding adjustments, exemptions, or credits to be applied to the school impact fee obligation in the same manner as provided in PMC 3.40.120, Appeals. [Ord. 4046, 2012; Code 1970 § 3.133.060.]