1. If a building permit is requested for mixed uses, then the fee shall be determined using the above referenced schedule by apportioning the number of units committed to uses specified on the schedule.

2. If the type of development activity that a residential building permit is applied for is not specified on the above fee schedule, the planning director (or designee) shall use the fee applicable to the most comparable type of land use on the above fee schedule. The planning director shall be guided in the selection of a comparable type by the Bellingham comprehensive park, recreation and open space plan, and BMC Title 20 (Land Use Development). If the planning director determines that there is not a comparable type of land use on the above fee schedule then the planning director shall determine that appropriately discounted fee by considering demographic or other documentation that is available from state, local, and regional authorities.

3. In the case of change of use, redevelopment, or expansion or modification of an existing use that requires the issuance of a building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase in the impact for the new use as compared to the previous use. The planning director shall be guided in this determination by the source and agencies listed above.

1. The developer submits to the planning director and director of parks and recreation (the “parks director”) studies and data in accordance with RCW 82.02.060(5) that support a claim for adjustment in the amount of the fee. The studies and data submitted shall clearly show the basis upon which the independent fee calculation was made.

2. The parks director shall consider the documentation submitted by the developer but is not required to accept such documentation as he/she shall reasonably deem to be inaccurate or not reliable and may, in the alternative, require the developer to submit additional or different documentation for consideration.

3. If the parks director accepts the studies and data and deems an adjustment in the amount of the fee to be warranted, the parks director may adjust the fee to that appropriate to the particular development. The adjustment may include a credit against the fee otherwise payable for public recreational facilities constructed or deed restricted or otherwise set aside for recreational purposes by the developer that serve the same purposes and functions as specific designations set forth for public parks in the Bellingham comprehensive park, recreation and open space plan element.

4. In cases where the developer requests an adjustment in the amount of the fee to be imposed, the costs of such calculation shall be borne by the developer.

1. Determinations made by the planning director or parks director pursuant to this section may be appealed to the hearing examiner under the provisions of Chapter 2.56 BMC by filing a written request for a hearing with the parks director within 10 days of the given official’s determination. For purposes of this section, imposition of the impact fee shall be considered a determination made by the parks director.

2. At the hearing, the appellant shall have the burden of proof, which shall be met by a preponderance of the evidence. The impact fee may be modified upon a determination that it is proper to do so based on the application of the criteria contained in BMC 19.04.070, 19.04.130 and 19.04.140. Appeals shall be limited to application of the impact fee provisions to the specific development activity and the provisions of this chapter shall be presumed valid.

3. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. Payment of impact fees under protest does not toll the deadline for appealing a determination by the planning director or parks director under subsection (C)(1) of this section. [Ord. 2007-03-024; Ord. 2006-02-012].