(A) The property owner or applicant for new development may appeal the following decisions of the Director of Public Works to the City Council:
(1) The applicability of an impact fee to the development;
(2) The amount of the impact fee due;
(3) The availability of, the amount of, or the expiration of a credit;
(4) The application of a credit against an impact fee due;
(5) The amount of the impact fee in proportion to the benefit received by the new development; or
(6) The amount of a refund due, if any.
(B) The appellant must file a written notice of appeal with the City Secretary within 30 days following the Director of Public Work's decision. If the notice of appeal is accompanied by a payment or other security satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed while the appeal is pending.
(C) At the hearing, the City Council shall consider all relevant evidence and shall allow testimony from the applicant, city staff and other interested persons relevant to the appeal. The hearing may be continued from time to time.
(D) Following the hearing, the City Council shall consider all evidence and determine whether the appeal should be granted (in whole or in part) or denied.
(E) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits. The applicant shall submit an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the State of Texas, which demonstrates that the applicant's burden has been met.
(Ord. 05-2018-36, passed 5-8-18)