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 ERU's for the development.
(B) Form of appeal. An appeal shall be initiated on such written form as the town may prescribe by following the appeal process in § 153.005 above.
(C) Fees during pendency. Building permits may be issued during the pendency of an appeal if the applicant: (1) pays the full 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 Manager or authorized designee equal to the full amount of the 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 denied by the town, 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 impact fee to the town within 10 days of the town final decision on the appeal. If the applicant fails to deliver the full amount of the 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.
(Ord. 2015-01, passed 2-18-2015; Am. Ord. 2017-03, passed 11-13-2017)