Nothing in this subchapter shall be interpreted, applied or enforced to impose a taking of land without compensation or to cause any other violation of law. In any circumstance where the dedication is either not consented to, or constitutes and unreasonable burden, is not specifically attributable to the park dedication or green space needs generated by the development, or is otherwise claimed to be unlawful, the applicant shall file an appeal within 15 days of adoption of any such requirement before the city where the facts of such claims shall be presented under such formal hearing process as is otherwise provided for variance appeals. The applicant shall state the specific basis and facts supporting the claim including such additional relevant information as may be requested by the Hearing Officer. No decision of the city shall be deemed ripe or final until 30 days after the decision by the Hearing Officer on such claim, which shall be limited to a declaration as to whether the requirement is lawful under the facts presented and a recommendation as to final action. During the 30-day period, the City Council shall have jurisdiction to repeal, modify or maintain the requirement by enactment of an ordinance amending the specific ordinance imposing the requirement to the applicant’s property, if so applicable.
(Ord. 3319, passed 2-22-2005)