(A) (1) A utility customer may request a reconsideration of any determination or interpretation by the Chief Building Inspector or his or her designee in the operation of the Stormwater Management Utility. Such request must be in writing specifically explaining the grounds for the request including the following:
(a) TMS # for the property;
(b) Utility customer information: name, address and telephone number;
(c) A statement outlining the reasons for the appeal, including any law or authority, upon which the utility customer relies;
(d) A statement of facts supporting the utility customer’s position; and
(e) The amount which the utility customer considers the fair amount of the fee.
(2) The written request is a notice of objection for purposes of the section. The failure to serve written request within the time period constitutes a waiver of the utility customer’s right of protest for that year.
(B) Request for reconsideration of the annual fee amounts shall be submitted within 30 days after the date the fee shall be due and payable.
(C) In cases where the applicant believes the fee to be inappropriate based on the actual impervious area of the property in which he or she has interest, the applicant should submit technical data such as a site survey of said property to assist in the evaluation. The survey should be prepared by a licensed land surveyor in accordance with the minimum state survey standards. The survey should include the following:
(1) Property boundary;
(2) Parking areas;
(3) Driveway(s);
(4) Building(s);
(5) Storm drainage facilities;
(6) Any other surface improvements;
(7) Calculation of total impervious area;
(8) Calculation of total pervious area; and
(9) Date when the field survey was conducted.
(D) The Chief Building Inspector or his or her designee shall render a written decision on the request within 30 business days of the receipt of the written request for reconsideration.
(E) The utility customer may appeal the decision to the town’s Board of Zoning Appeals within 30 days after the date of the decision. The Chief Building Inspector shall provide the petition form to the utility customer.
(Prior Code, § 25-9) (Ord. 2007, passed 9-18-2007)