Sec. 5-108  Appeals.
   a.   Any fee payer, who believes itself to be aggrieved by the calculation of the impact fee, may appeal from such calculation to the Town of Schererville Impact Fee Review Board, and the Town of Schererville Impact Fee Review Board shall conduct a hearing with regard thereto. At such hearing, the fee payer shall bear the burden of going forward with the evidence and shall present evidence addressing either or the following propositions:
      1.   A fact assumption used in determining the amount of the impact fee is incorrect, or
      2.   The amount of the impact fee is greater than the amount allowed under Indiana Code, § 36-7-4-1320, 1321 and 1322.
   Upon conclusion of the presentation of evidence, the Town of Schererville Impact Fee Review Board shall make a determination, within not more than thirty (30) days, upon the facts presented and may make such adjustments in the impact fee as they believe are appropriate under the circumstances, if any.
   b.   An appeal under this Section must be filed not later than thirty (30) days after the issuance of the structural building permit. The appeal shall be initiated with the filing of a Petition for Review with the Clerk-Treasurer's office, together with a filing fee in the amount of one hundred dollars ($100.00). The filing fee shall be refunded in full (1) if the Petition for Review is granted and the impact fee is eliminated, reduced or adjusted by the Town of Schererville Impact Fee Review Board, by independent action of the Town, or by a court having jurisdiction; and (2) if the reviewing body determines that the amount of the fee, reductions, or credits were arbitrary or capricious. The Petition for Review shall be in a form calculated to inform the Town of Schererville Impact Fee Review Board of the nature of the complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the new development on which the impact fee has been assessed, all facts related to the assessment of the impact fee, and the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or is greater than the amount allowed by the fee limitations set forth in the enabling statute.
   c.   Should a party contest the amount of impact fee assessed, he may post bond in aforesaid amount with the Town or pay the sum due and owing into an escrow account and file appeal as set forth herein. Upon posting of the funds set forth under the Impact Fee Ordinance, a building permit shall be issued. If the party is successful in his appeal, then the Town shall refund any excess amounts due to the applicant.
(Ord. No. 1400, § 9, 11-26-97)