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Sammamish Development Code
F. Appeals
any other determination which the director is authorized to make pursuant to this Chapter. 5. Appeals to the hearing examiner shall be taken within 21 calendar days of the director’s issuance of a written determination by filing with the department a notice of appeal specifying the grounds thereof, and depositing the necessary administrative fee, which is set forth in the existing fee schedules for appeals of such decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation. 6. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in the Sammamish Municipal Code. At the hearing, any party may appear in person or by agent or attorney. 7. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in this section. 8. The hearing examiner may, so long as such action is in conformance with the provisions of this Chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded.
1. Any feepayer may pay the impact fees imposed by this Chapter under protest in order to obtain a building permit. No appeal shall be permitted until the impact fees at issue have been paid. 2. Appeals regarding the impact fees imposed on any development may only be filed by the feepayer of the property where such development will occur. 3. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: a. The request shall be in writing on the form provided by the City; b. The request for review by the director shall be filed within 21 calendar days after the feepayer’s payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; c. No administrative fee will be imposed for the request for review by the director; and
d. The director shall issue his/her determination in writing.
4. The following decisions may be appealed to the hearing examiner: determinations of the director with respect to the applicability of the impact fees to a given development; the director’s determination regarding the availability or value of a credit; the director’s decision concerning the independent fee calculation which is authorized in SDC 21.08.040L.; fees imposed by the director pursuant to SDC 21.08.040K.; or
Effective | January 1, 2022
Title 21: Sammamish Development Code | 597
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