A development impact fee determination by town staff may be appealed in accordance with the following procedures:
(A) Limited scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees for a specific development and/or permit and calculation of EDUs for the development.
(B) Form of appeal. An appeal shall be initiated on such written form as the town may prescribe and submitted to the Assistant Town Manager.
(C) Department action. The Assistant Town Manager shall act upon the appeal within 30 calendar days of the filing of the appeal, and the applicant shall be notified of the Assistant Town Manager's decision in writing.
(D) Appeal to Town Manager. The applicant may further appeal the decision of the Assistant Town Manager to the Town Manager within 14 calendar days of the decision.
(E) Action by the Town Manager. The Town Manager shall act upon the appeal within 14 calendar days of receipt of the appeal, and the applicant shall be notified of the Town Manager's decision in writing.
(F) Final decision. The Town Manager's decision regarding the appeal is final.
(G) Fees during pendency. Building permits may be issued during the pendency of an appeal if the applicant pays the full impact fee calculated by the town at the time the appeal is filed or provides the town with financial assurances in the form acceptable to the Assistant Town Manager equal to the full amount of the impact fee. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the Assistant Town Manager, and the applicant has provided the town with financial assurances as set forth above, the applicant shall deliver the full amount of the impact fee to the town within ten days of the Assistant Town Manager's final decision on the appeal. If the applicant fails to deliver the full amount of the impact fees when required by this subsection, the town may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the impact fees due from the applicant.
(Res. 2774, passed 5-15-14; Am. Ord. 847, passed 5-15-14)