A development impact fee determination by City 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 EDUs for the development.
(B) Form of appeal. An appeal shall be initiated on such written form as the City may prescribe, and submitted to the Director of the Growth Management Department.
(C) Department action. The Growth Management Department Director shall act upon the appeal within 30 calendar days of the filing of the appeal with the Growth Management Department, and the applicant shall be notified of the Director’s decision in writing.
(D) Appeal to Manager. The applicant may further appeal the decision of the Growth Management Department Director to the City Manager or authorized designee, who shall be in a more senior position than the Growth Management Department Director, within 14 calendar days of the decision.
(E) Action by Manager. The City Manager or authorized designee shall act upon the appeal within 14 calendar days of receipt of the appeal, and the applicant shall be notified of the City Manager or authorized designee’s decision in writing.
(F) Final decision. The City Manager or authorized designee’s decision regarding the appeal is final.
(G) Fees during pendency. Building permits may be issued during the pendency of an appeal if the applicant pays the full impact fee calculated by the City at the time the appeal is filed or provides the City with financial assurances in the form acceptable to the City 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 City Manager or authorized designee, and the applicant has provided the City with financial assurances as set forth in section (B) above, the applicant shall deliver the full amount of the impact fee to the City within ten days of the City Manager’s or designee’s final decision on the appeal. If the applicant fails to deliver the full amount of the impact fees when required by this section (G), the City may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the impact fees due from the applicant.
(Prior Code, § 8-11-13) (Ord. 14-06, passed 7-7-2014)