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C. In reviewing the study, the Fire Chief may require the developer to submit <br />additional or different documentation. If an acceptable study is presented, the Fire Chief <br />may adjust the fee for the particular development activity. The Fire Chief shall consider <br />the documentation submitted by the applicant, but is not required to accept such <br />documentation that the Chief reasonably deems to be inaccurate or unreliable. <br />D. A developer requesting an adjustment or independent fee calculation may pay <br />the impact fees imposed by this ordinance in order to obtain a building permit while the <br />City determines whether to partially reimburse the developer by making an adjustment or <br />by accepting the independent fee calculation. <br />Section 13. TMC Section 16.26.100 is hereby reenacted to read as follows: <br />16.26.100 Credits <br />In computing the fee applicable to a given development, credit shall be given for the fair <br />market value measured at the time of dedication, for any dedication of land for <br />improvements to, or new construction of, any fire protection facilities that are identified in <br />the Capital Facilities Element and that are required by the City as a condition of approving <br />the development activity. <br />Section 14. TMC Section 16.26.110 is hereby reenacted to read as follows: <br />16.26.400110 Appeals <br />A. Any fee payer may pay the impact fees imposed by this ordinance under protest <br />in order to obtain a building permit. <br />B. Appeals regarding fire impact fees imposed on any development activity may <br />only be submitted by the fee payer of the property where such development activity will <br />occur. No appeal shall be permitted unless and until the impact fee at issue has been <br />paid. <br />C. Determinations by the City staff with respect to the applicability of fire impact fees <br />to a given development activity, or the availability of a credit, can be appealed to the City's <br />Hearing Examiner pursuant to this section. <br />D. An appeal shall be filed within 10 working days of payment of the impact fees <br />under protest or within 10 working days of the City's issuance of a written determination <br />of a credit or exemption decision by filing with the City Clerk a notice of appeal giving the <br />reasons for the appeal and paying the accompanying appeal fee as set forth in the <br />existing fee schedule for land use decisions. <br />Section 15. TMC Section 16.26.120 is hereby reenacted to read as follows: <br />16.26.120 Exemptions. <br />A. The fire impact fees are generated from the formula for calculating the fees as <br />set forth in this chapter. The amount of the impact fees is determined by the information <br />contained in the adopted fire department master plan and related documents, as <br />appended to the City's Comprehensive Plan. All development activity located within the <br />W: Word Processing\Ordinances\Fire Impact Fees -TMC 16.26 re-enacted strike-thru 11-6-17 <br />PM:bjs <br />Page 7 of 12 <br />11 <br />