An owner or developer may appeal the amount of the fee imposed pursuant to this Chapter by following the procedures set forth in this section.
(a) As a condition precedent to any appeal, the developer shall request an audit to determine whether the Impact Fee imposed exceeds the amount reasonably necessary to finance the Utility Capital Improvements attributable to the Development Project. The Village Council shall then retain a qualified, independent auditor who shall determine whether the fee is appropriate. The Village shall require, as a condition of the audit, that the property owner deposit with the Village a sum equal to the reasonable estimated cost of the audit. In any event, the developer shall pay for the actual cost of the audit. The decision of the independent auditor is final unless appealed to the Village Council as provided by this section.
(b) Within ten days following the mailing of the notice of the auditor's decision to the appellant, the owner, developer or other interested party, including the Village, may challenge the result of the audit by filing with the Fiscal Officer a written notice of appeal with a full statement of the grounds for the appeal. The appellant shall pay an appeal fee of two hundred dollars ($200.00) unless the appellant is the Village, in which case said fee shall be waived.
(c) If the appellant timely files a notice of appeal and pays the appeal fee, as required by this section, and if the appellant posts a bond or other security in an amount equal to the Impact Fee, the Village may continue processing the development application.
(d) At a regular meeting following the filing of the appeal, the Village Council shall fix a time and place for hearing the appeal, and the Fiscal Officer shall mail notice of the hearing to the appellant at the address given in the notice of appeal.
(1) The hearing shall be conducted at the time and place stated in the notice.
(2) The appellant shall bear the burden of demonstrating, by clear and convincing evidence, that the amount of the fee at issue was not calculated according to the procedures established in this Chapter.
(3) The determination of the Village Council shall be announced at the conclusion of the hearing or, in the discretion of Council, at the next regular meeting of the Council.
(4) The determination of the Village Council shall be final, subject only to appeal pursuant to Ohio R.C. Chapter 2506.
(Ord. 96-112. Passed 4-4-96.)