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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 16.28.100 is hereby reenacted to read as follows: <br />16.28.040-100 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 parks facilities that are identified in the <br />Capital Facilities Element and that are required by the City as a condition of approving <br />the development activity. <br />Section 14. TMC Section 16.28.110 is hereby reenacted to read as follows: <br />16.2840-0-110 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 parks 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 parks impact <br />fees to a given development activity, or the availability of a credit, can be appealed to the <br />City's 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 16.28.120 is hereby reenacted to read as follows: <br />16.28.120 Exemptions <br />A. The parks 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 parks master plan and related documents, as appended to the <br />City's Comprehensive Plan. All development activity located within the City shall be <br />charged a parks impact fee; provided, that the following exemptions shall apply. <br />B. The following shall be exempt from parks impact fees: <br />1. Replacement of a structure with a new structure having the same use, at the <br />same site, and with the same gross floor area, when such replacement is within 12 <br />months of demolition or destruction of the previous structure. <br />W: Word Processing\Ordinances\Parks Impact Fees -TMC 16.28 re-enacted strike-thru 11-6-17 <br />PM:bjs <br />Page 7 of 12 <br />25 <br />