(A) An applicant aggrieved by the application of this chapter by the Community Development Department, the Planning and Environmental Commission or Design Review Board may apply for review by the Town Council, by filing a written request for review within ten days of the decision at issue.
(B) Within 30 days of receipt of the written request, the Town Council shall hold a public hearing. At such hearing, the burden of proof shall be on the applicant to establish that the imposition of the transportation impact fee as assessed would result in an unconstitutional taking of private property without just compensation.
(C) If the Town Council determines that the application of this chapter would result in an unconstitutional taking of private property without just compensation, the Town Council may decrease the transportation impact fee (or increase any credit) to ensure that there is no unconstitutional taking. The decision of the Town Council shall be final, subject only to judicial review pursuant to C.R.C.P. § 106(a)(4).
(D) An applicant aggrieved by the application of this chapter by the Town Council may seek judicial review pursuant to C.R.C.P. § 106(a)(4).
(Ord. 4(2017) § 1)