(A) There is hereby created the Fishers Impact Fee Review Board. Pursuant to IC 36-7-4-1338. each of the three citizen members comprising the Board shall be appointed by the Mayor. A member of the Fishers Impact Fee Review Board may not be a member of the Fishers Advisory Plan Commission. One member of the Fishers Impact Fee Review Board shall be a real estate broker licensed in the state. One member shall be an engineer licensed in the state. The third member shall be a certified public accountant. Each member shall serve at the pleasure of the Mayor for calendar year terms commencing with his or her initial appointment and concluding on December 31 of the year in which he or she is appointed, unless reappointed.
(B) In the event of a conflict of interest, or other condition which causes a duly appointed member of the Fishers Impact Fee Review Board to disqualify himself or herself on any matter before the Board, such member shall notify the Mayor in writing of their intent not to participate in such matter. Thereafter, the Mayor may appoint a replacement member for the limited purpose of hearing that petition for which the regular member is disqualified. Any such replacement member shall meet the qualifications of the member he or she is replacing.
(C) The Fishers Impact Fee Review Board shall have only those duties and responsibilities established in IC 36-7-4-1338, as amended. Upon the organization of the Fishers Impact Fee Review Board, the members shall establish rules of procedure to the extent they are consistent with state law, and, specifically, to provide the ways and means to carry out the specific provisions of the enabling statute regarding petitions for review, refunds, credits, and the like. Said rules shall specifically provide that in the event that no development occurs, or, only a portion of the anticipated development occurs, a refund in whole or in part of such fee paid shall be made, with interest. The Board may impose reasonable requirements to insure that, in fact, no development has occurred, or something less than what was paid for is all that will occur on the real estate which was the subject of the initial assessment.
(D) Members of the Fishers Impact Fee Review Board shall serve without compensation. At their first meeting, they shall elect from their membership a chairperson who shall serve until his or her replacement has been duly elected. At the first meeting after January 1 in each year, the membership shall elect from the then duly appointed members a chairperson. The chairperson shall be responsible for conducting the business of the Board.
(Ord. 09-03-91E, passed 11-6-91; Am. Ord. 091514A, passed 11-17-14)