Section 7-10-13 Appeals
A development impact fee determination by Town staff may be appealed in accordance with the following procedures:
A. Limited Scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees for a specific development and/or permit and calculation of Service Unit’s for the development.
B. Form of Appeal. An appeal shall be initiated in such written form as the Town may prescribe, and submitted to the Town Manager or authorized designee.
C. Timing of Appeal to Manager. The Applicant may appeal the calculation to the Town Manager or authorized designee within 30 calendar days of the calculation.
D. Action by Manager. The Town Manager or authorized designee shall act upon the appeal within 14 calendar days of receipt of the appeal, and the Applicant shall be notified of the Town Manager or authorized designee’s decision in writing.
E. Final Decision. The Town Manager or authorized designee’s decision regarding the appeal is final.
F. Fees During Pendency. Building permits may be issued during the pendency of an appeal if the Applicant (1) pays the full impact fee calculated by the Town at the time the appeal is filed or (2) provides the Town with financial assurances in the form acceptable to the Town Attorney equal to the full amount of the impact fee. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the Town Manager or authorized designee, and the Applicant has provided the Town with financial assurances as set forth in clause (2) of this paragraph, the Applicant shall deliver the full amount of the impact fee to the Town within ten days of the Town Manager or designee’s final decision on the appeal. If the Applicant fails to deliver the full amount of the impact fees when required by this Subsection, the Town may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the impact fees due from the Applicant. (14-06, Amended, 06/19/2014; 06-02, Renumbered, 01/05/2006, Renumbered as Section 7-10-9; 01-05, Amended, 01/18/2001, Council Approved amending 00-27, Effective 4/19/01 12:01 a.m.; 00-27, Added, 11/16/2000, Approved by Council)