(a) The fee payer demonstrates that the impact fee assessment was incorrectly calculated; or

(b) Unusual circumstances identified by the fee payer demonstrate that if the standard impact fee were applied it would be unfair or unjust.

(a) Any request by a fee payer for an adjustment pursuant to this section shall be provided to the Department in writing. The fee payer shall pay an administrative fee as set forth in the City’s current fee schedule for an individually determined impact fee.

(b) A fee payer may provide studies and data to demonstrate that any particular factor used by the City may not appropriately apply to the development proposal; provided, that the City’s data shall be presumed valid unless clearly demonstrated to be otherwise by the fee payer.

(a) The Director shall be authorized to determine whether any adjustment of impact fees shall be awarded pursuant to this section.

(b) There is a rebuttable presumption that the individual impact fee rate calculations adopted pursuant to this title are valid.

(c) The Director shall consider the documentation submitted by the fee payer, but is not required to accept such documentation or analysis which the Director reasonably deems to be inapplicable, inaccurate or not reliable.

(d) The Director may require the fee payer to submit additional or different documentation for consideration.

(e) The Director is authorized to adjust the impact fees on a case-by-case basis based on the specific characteristics of the development and/or principles of fairness.

(f) The Director’s final determination shall be made in writing and must set forth the reasons for the decision.

(a) The Institute of Transportation Engineers (ITE) Trip Generation User’s Guide, latest edition.

(b) If the fee payer proposes a trip generation rate other than that set forth in the ITE Trip Generation User’s Guide, latest edition, the fee payer shall provide supporting studies or data for a minimum of three comparison sites, at the same level of detail as would be necessary for the data to be accepted by ITE for inclusion in its database for trip generation.

(c) Any other data or studies submitted by a qualified transportation professional affiliated with the Institute of Transportation Engineers or a professional engineer licensed by the State of Washington.