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 units for the development.
(B) Form of appeal. An appeal shall be initiated on such written form as the town may prescribe, and submitted to the Town Manager.
(C) Action by Manager. The Town Manager shall act upon the appeal within 14 calendar days of receipt of the appeal, and the applicant shall be notified of the Town Manager's decision in writing.
(D) Final decision. The Town Manager's decision regarding the appeal is final; provided, however, that the applicant shall have the right to an appeal of the Town Manager's decision pursuant to A.R.S § 9-500.12 by notifying the Town Manager of the appeal request not later than 20 days following the Town Manager's final decision, and thereafter by delivering such appeal to the hearing officer designated by the town not later than 30 days following the Town Manager's final decision.
(E) Fees during pendency. Building permits may be issued during the pendency of an appeal if the applicant: (1) pays the full development 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 development 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 finally denied, and the applicant has provided the town with financial assurances as set forth in clause (2) above, the applicant shall deliver the full amount of the development impact fee to the town within ten days of the final decision on the appeal. If the applicant fails to deliver the full amount of the development impact fees when required by this section, 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.
(Res. R2019-07, passed 5-6-19; Am. Ord. O2019-03, passed 5-20-19)