(A) Interpretation of Public Facilities Impact Fee Code. All questions or interpretation of this Public Facilities Impact Fee Code shall be first presented to the Town Engineer. In interpreting this code, the Town Engineer shall be first guided by the plain meaning of the words and terms in this code and second by the intent expressed herein. The Town Engineer shall make interpretations by interpreting the code as a whole and not by taking specific words of clauses in isolation. Any interpretation shall be subject to rendition in a written, dated form. Thereafter, the Building Board of Adjustments and Appeals shall decide appeals from the Town Engineer’s interpretation where it is alleged that there is error in any order, requirement, decision or determination made by the Town Engineer in interpreting this code.
(B) Decision that may be appealed.
(1) Appeals to the Building Board of Adjustment and Appeals may be taken by the Town Council, the Town Manager or any person aggrieved by any decision of the following:
(a) Interpretation by the Town Engineer of the meaning of wording in this Public Facilities Impact Fee Code;
(b) A determination by the Building Official as to the amount of impact fee payable, the use category utilized for calculation of the fee amount, or the amount of square footage calculated for fee assessment; or
(c) A determination by the Town Engineer as to any exemption from the payment of fees payable pursuant to this public facilities impact fee code.
(2) A person aggrieved by a decision shall be any person with a claim to a public facilities impact fee refund, or a property owner or developer or other person subject to a public facilities impact fee which the person claims was improperly calculated by the town; claiming a right to a public facilities impact fee exemption which was disapproved by the town; or claiming an error or improper determination in interpreting this public facilities impact fee code.
(C) Method of appeal. Appeals to the Building Board of Adjustment and Appeals shall be made within a reasonable time not to exceed 30 days following the date of rendition of the interpretation or other determination as set forth in this subchapter by filing with the official making the determination, and with the Secretary to the Building Board of Adjustment and Appeals, a notice of appeal specifying the ground thereof. The official making the determination shall within 15 days thereafter transmit to the Building Board of Adjustments and Appeals all papers constituting the record upon which the action appealed was taken. The Secretary to the Building Board of Adjustment and Appeals after receipt of the record shall fix a time for hearing of the appeal within 60 days and give the public notice thereof at least 15 days in advance of the public hearing as well as notice to the parties in interest. At the hearing, any party may appear in person or by agent or attorney.
(Ord. 2007-12, passed 7-24-2007)