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§ 82.012 AUDITS
   A developer may request any audit to determine whether the impact fee imposed exceeds the amount reasonably necessary to finance capital improvements attributable to the development project.
   The city council shall then retain a qualified, independent auditor who shall determine whether the fee is appropriate. The city may require as a condition of the audit that the property owner deposit with the city a sum equal to the reasonable estimated cost of the audit, and that the property owner pay for the actual cost of the audit. The decision of the independent auditor is final unless appealed to the city council by the property owner as provided by this chapter.
(Ord. No. 14-2001, 8-15-01)
§ 82.013 APPEALS
   (A)   Within ten (10) days following mailing of notice of the auditor's decision to the appellant, a person may challenge the imposition of a fee imposed pursuant to this chapter by filing with the city clerk a written notice of appeal with a full statement of the grounds and an appeal fee of two hundred dollars ($200.00) or such other amount as may be fixed from time to time by the city council. The city may continue processing the development application if the notice of appeal is accompanied with a bond or other security in an amount equal to the impact fee.
   (B)   The appellant bears the burden of demonstrating that the amount of the fee was not calculated according to the procedures established in this chapter.
   (C)   At a regular meeting following the filing of the appeal, the city council shall fix a time and place for hearing the appeal, and the city clerk shall mail notice of hearing to the appellant at the address given in the notice of appeal. The hearing shall be conducted at the time and place stated in the notice, and the determination of the city council shall be announced at the conclusion of the hearing or at the next regular meeting of the city council. The determination of the city council shall be final.
(Ord. No. 14-2001, 8-15-01)
§ 82.014 JUDICIAL REVIEW
   Any person or entity claiming to be injured or aggrieved by final action of the city pursuant to § 82.013 may appeal to the Madison Circuit Court pursuant to the provisions of KRS 100.347.
(Ord. No. 14-2001, 8-15-01)
§ 82.015 VARIANCES AND EXCEPTIONS
   Petitions for variances and exceptions to the application of this chapter shall be made in accordance with the provisions of KRS 100.243.
(Ord. No. 14-2001, 8-15-01)
§ 82.016 AMENDMENT PROCEDURES
   Prior to the city council's adoption of the budget and revisions to the capital improvements project list, the city administrator, code enforcement officer and the sewer superintendent, shall jointly report at least once each year to the city council with:
   (A)   Recommendations for amendments to this chapter;
   (B)   Proposals for changes to the capital improvements project list, identifying capital improvements to be funded in whole or in part by impact fees.
   (C)   Proposals for changes in the boundaries of benefit areas; and
   (D)   Proposals for changes to impact fee rates and schedules.
(Ord. No. 14-2001, 8-15-01)
§ 82.017 CREDITS
   (A)   A property owner who dedicates land or agrees to participate in an assessment district or otherwise contributes funds for capital improvements as defined in this chapter may be eligible for a credit for such contribution against the impact fee otherwise due.
   (B)   The city engineer shall determine: (1) the value of the developer contribution; (2) whether the contribution meets capital improvement needs for which the particular impact fee has been imposed; and (3) whether the contribution will substitute or otherwise reduce the need for capital improvements anticipated to be provided with impact fee finds. In no event, however, shall the credit exceed the amount of the otherwise applicable impact fee.
   (C)   Any application for credit must be submitted on forms provided by the city before development project approval. The application shall contain a declaration under oath of those facts which qualify the property owner for the credit, accompanied by the relevant documentary evidence.
(Ord. No. 14-2001, 8-15-01)
§ 82.018 CONFLICTS
   In the event of a conflict between the provisions of this chapter and the provisions of any other ordinance or resolution establishing or amending impact fees, the provisions of this chapter shall govern.
(Ord. No. 14-2001, 8-15-01)