A. Mayor and council appeal. A development impact fee or credit determination by the development impact fee administrator may be appealed in accordance with the mayor and council appeal procedure set forth in the Unified Development Code (UDC), Chapter 23B, Section 3.9.2, and in conformance with the procedures set forth in this section.
B. Limited scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees or credits for a specific development and/or permit and calculation of SU's for the development.
C. Form of appeal. Appeals shall be filed in writing with the city clerk's office with a copy to the development impact fee administrator, within fourteen (14) days of a decision and no later than fourteen (14) days after the determination of the final development impact fee to be charged or credit to be issued for a project.
D. Final decision. The mayor and council's decision regarding the appeal is final.
E. Fees during pendency. Notwithstanding UDC, Chapter 23B, Section 3.9.2.B, building permits may be issued during the pendency of an appeal if the applicant pays the full development impact fee at the time the appeal is filed.
Upon final disposition of an appeal, the development impact fee shall be adjusted in accordance with the decision rendered and a refund shall be made, if applicable.
F. Takings appeal. Any assertion that the assessment of the development impact fee on an individual development constitutes an unconstitutional taking may be appealed in accordance with the takings appeal procedure pursuant to UDC, Chapter 23B, Section 3.9.3. Building permits may be issued during the pendency of a takings appeal as set forth under section 23A-84(E) above.
G. Interpretations. Any dispute or challenge to the interpretation of this article shall be determined by the development impact fee administrator.
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)