(a) Appeal from Decision of Village Official. An appeal from any final decision of a Village official pursuant to this Ordinance shall be made to the Village Council by filing a written appeal on the appropriate Village form with the Village Administrator, with a copy to the Village Clerk, within thirty (30) days following the decision which is being appealed. The burden of proof shall be on the appellant to demonstrate that the decision of the Village Official is erroneous. All appeals shall detail the specific grounds therefor and all other relevant information and shall be filed on a form provided by the Village for such purposes.
(b) Appeal from Decision of Village Council. An appeal from any final decision of the Village Council pursuant to this Ordinance shall be made to the Court of Common Pleas for Madison County, Ohio.
(c) Permit Issuance and Payment under Protest. If the appeal is accompanied by a bond or other sufficient in a form satisfactory to the Village Attorney and the Finance Director in an amount equal to the impact fee calculated to be due, a zoning permit may be issued to the new land development. The filing of an appeal shall not stay the imposition or the collection of the impact fee as calculated by the Village unless a bond or other sufficient surety has been provided.
(d) Mediation. In order to address any disagreement between the fee payor and the Village relative to the imposition of a development impact fee, the Village and the fee payor may, upon voluntary agreement, enter into mediation conducted by a qualified independent party. Participation in mediation does not preclude the fee payor from pursuing any other available remedies provided herein, in the Act, or otherwise available by law.
(e) Incidental Benefit. The receipt of "incidental benefit" by a third party property owner or developer within the service area resulting from the payment of a development impact fee by a fee payor or developer shall not be considered grounds for exercising the remedies set forth herein.
(Ord. 14-20. Passed 9-14-20.)