A developer shall have the following rights for appeal of development impact fees imposed by the city on their development pursuant only to this chapter:
(A) Administrative appeal.
(1) A developer may file an administrative appeal with the City Manager regarding the payment of development impact fees, independent calculation of impact fees, or credits or reimbursements by filing a written Notice of Appeal. Said Notice shall be filed within 30 days of the decision sought to be appealed. The filing of an appeal will immediately halt the building permit application process, unless the developer posts a bond or submits an irrevocable letter of credit for the full amount of the development impact fees as calculated by the city to be due. All Notices of Appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefore, and containing any documentation that the developer desires to be considered. The appeal shall contain the name and address of the developer filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which development impact fees or credits pertain.
(2) Within 30 days following receipt of the written Notice of Appeal, the City Manager will review the appellant's written report, supporting documentation and departmental staff reports. The 30 day review period may be extended if additional information is needed from the appellant in order to render a decision. Upon completion of the administrative review, the City Manager will provide a written response to the appellant constituting a final administrative determination.
(3) Any person desiring to appeal the final administrative determination of the City Manager regarding payment of development impact fees or credits shall file a written Notice of Appeal to the City Council. Said Notice of Appeal to City Council shall be filed with the Clerk of City Council within 15 days following receipt of the final administrative determination. Receipt shall be construed to have occurred when the final administrative decision is deposited in the United States mail postage prepaid to the person whose name and address is identified in the original Notice of Appeal.
(4) The City Clerk of Council will schedule all impact fee appeals for the first City Council meeting following ten days from receipt of the Written Notice of Appeal to the City Council. Postponements of the City Council appeal date may be granted by the City Manager if they are requested in writing at least ten days in advance of the scheduled City Council meeting date.
(5) When an appeal is scheduled for oral presentation before the City Council, the appellant and city staff shall each be given ten minutes at the oral argument to present the appeal and to discuss the submitted written record.
(B) Payment under protest. A fee payor may pay development impact fees under protest. Payment under protest does not preclude the developer from filing an administrative appeal nor is the fee payer estopped from receiving a refund of an amount considered to have been collected illegally. A fee payor, at its option, may also post a bond or submit an irrevocable letter of credit for the amount of development impact fees due instead of making a cash payment under protest, pending the outcome of an appeal.
(C) Mediation. City Council shall provide for mediation by a qualified independent party, upon voluntary agreement by both the developer and the city, to address a disagreement related to development impact fees calculated by the city. Neither a request for, nor participation in, mediation shall preclude a fee payor from pursuing other developer rights or remedies otherwise available by law.
(Ord. 2023-027, passed 10-24-23)