(A) (1) The Town Council hereby establishes an Impact Fee Review Board, which shall consist of three citizen members appointed by the President of the Town Council and who shall qualify as follows:
(a) One member shall be a real estate broker licensed in Indiana;
(b) One member shall be an engineer licensed in Indiana; and
(c) One member shall be a certified public accountant.
(2) A Board member may not be a member of the Cicero/Jackson Township Advisory Plan Commission.
(B) The term of office of the members of the Cicero Impact Fee Advisory Board shall commence from the date of their appointment and expire five years from the date of appointment.
(C) At the expiration of the respective terms of each of the Board members originally appointed, their respective successors shall be appointed in the same manner as the original appointee, and each such succeeding member shall serve for a term of five years. Each member shall continue to serve until his or her successor is appointed and qualified.
(D) In the event any person appointed as a Board member shall fail to qualify as provided within ten days after the mailing to him or her of notice of his or her appointment, or if any member after qualifying shall die, resign, or vacate office, or in the event a member is unable to hear a petition due to a conflict of interest, a new or temporary member shall be chosen to fill such vacancy in the same manner as provided for the member in respect to whom such vacancy occurred, and the member so chosen and appointed shall serve for the remainder of the vacated term in the event of death, resignation, or vacation of office, and in the event of a temporary replacement due to conflict of interest, the member shall serve for the period necessary to dispose of the petition giving rise to the conflict.
(E) Such Board members shall receive no salaries but shall be entitled to reimbursement for any expenses necessarily incurred in the performance of their duties.
(F) The Board shall elect one of its members as President, one as Vice-President, each of which officers shall serve from the day of his or her election until January 31 next following his or her election and until his or her successor is elected and qualified.
(G) The Board is authorized to adopt by-laws, rules, regulations, and procedures as it may deem necessary for the proper conduct of its proceedings, and the carrying out of its duties. Meeting and hearings shall be held at such time as it may determine and upon such notice as it may fix, in accordance with the provisions of the by-laws, rules, and regulations adopted and Indiana Law.
(H) A majority of the Board shall constitute a quorum and the concurrence of a majority shall be necessary to authorize any action.
(I) The Board shall conduct its review of the amount of an impact fee assessed, the amount of a refund, and the amount of a credit using the procedures established in I.C. 36-7-4-1338(c).
(J) The Cicero Impact Fee Review Board shall be governed by I.C. 36-7-4-1338 and all other applicable provisions of the Impact Fee Statute.
(Ord. 10-16-2007-3, passed 12-18-07; Am. Ord. 12-18-2012-3, passed 12-18-12)