(A) (1) Any fee payer who believes itself to be aggrieved by the calculation of the impact fee may appeal from such calculation to the Review Board and the Review Board shall conduct a hearing with regard thereto. At such hearing, the fee payer shall bear the burden of presenting either of the following propositions:
(a) A fact assumption used in determining the amount of the impact fee is incorrect; or
(b) The amount of the impact fee is greater than the amount allowed under I.C. 36-7-4-1320, I.C. 36-7-4-1321 and I.C. 36-7-4-1322.
(2) Upon conclusion of the presentation of evidence, the Review Board shall make a determination within not more than 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) (1) An appeal under this section must be filed not later than 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 $100, within purview of Council to modify if desired.
(2) The filing fee shall be refunded in full:
(a) If the petition for review is granted and the impact fee is eliminated, reduced or adjusted by the review board, by independent action of the city, or by a court having jurisdiction; and
(b) If the reviewing body determines that the amount of the fee, reductions or credits was arbitrary or capricious. The petition for review shall be in a form calculated to inform the 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 relating to the assessment of the impact fee, and the reasons 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) The city shall not deny the issuance of a structural building permit on the basis that the impact fee has not been paid or condition issuance of the permit on the payment of the impact fee. If the impact fee totals $1,000 or less, within purview of Council to modify if desired, the city may require the fee payer to pay the impact fee or initiate an appeal under this section before the structural building permit is issued.
(Prior Code, § 40-58) (Ord. 12-31, passed 10-29-2012)