(A) In general. A developer may challenge any determination with respect to the developer’s development under this subchapter or the application of the provisions of this subchapter to such development by filing an appeal in accordance with this section.
(B) Time for filing appeal. A developer must file any appeal within ten days after receipt of the calculation of the development impact fee calculation from the City Manager pursuant to § 150.523(A); except that any appeal based on the application of the general rule set forth in § 150.538(A) shall be filed by the earliest of either:
(1) The time of filing a building permit application for an individual dwelling unit for which a development impact fee had not previously been paid;
(2) Within 30 days after a new residential development receives final zoning, subdivision and planned development approval, where and as applicable, but prior to the presentation of any final plat or development agreement for execution by the city or any of its officials; or
(3) Within ten days after receiving notice of the development impact fee calculation pursuant to § 150.523.
(C) Filing requirements. Any appeal filed under this subchapter shall be filed on forms (if any) issued by the City Manager and shall be in writing. Appeals must be received by the City Clerk on or before the filing deadline. The written appeal shall set forth, with particularity, the determination (including a determination of the applicability of this subchapter or any provision of this subchapter) to which the developer objects, as well as the basis for challenging such determination. The appeal shall also be accompanied by any evidence supporting such appeal or otherwise required as part of the appeal pursuant to the section of this subchapter appealed from. In addition, if requested in writing by the City Manager, the developer shall obtain or provide such other information as may be reasonably requested for purposes of evaluating the developer’s appeal.
(D) Initial processing of appeal. Upon receiving an appeal, the City Manager shall determine whether such appeal was timely filed and, if so, whether any specific information will be required in order to evaluate the merits of the appeal. If additional information is required, the City Manager shall notify the developer in writing of the information required and provide a reasonable time period within which such information shall be delivered. If an appeal is found to have been untimely filed, the City Manager shall notify the developer in writing of this determination and the reasons therefor.
(E) Review by city manager. Upon receipt of an appeal and all information and data required therefor, the City Manager shall review the appeal and related information and solicit additional information from the public bodies, public service providers or city departments as the City Manager may deem necessary or appropriate for purposes of evaluating the merits of the appeal. Upon review of all such information and data, the City Manager shall cause a report and recommendation to be prepared and delivered to the developer, any affected public bodies or public service providers, and the City Council.
(F) City Council review. Within 45 days after the City Manager issues the report and recommendation on the appeal, the City Council shall place the appeal on a meeting agenda for hearing and consideration, At the appeal hearing, the City Council shall provide the developer and any affected public bodies or public service providers the opportunity to testify and present evidence regarding the matters at issue in the appeal. The City Manager and the Manager’s designees shall be available to testify at such hearing as well. The City Council may establish rules for conducting such hearing on the appeal that provide fundamental fairness to the parties affected by the appeal.
(G) Determination on appeal. The final determination on the appeal shall be made by the City Council, in its sole discretion, based upon such relevant information submitted to or available to the City Council.
(Ord. 2009-28, passed 9-21-2009)