(A) Any developer, individual, corporation, partnership or other entity required to pay a water or sewer capacity or impact fee may appeal any decision relating to the imposition of such fee by filing a written notice of such appeal with the county manager, or his or her designee, within 15 days of receipt of a decision of any county official relating to the imposition of the water or sewer capacity or impact fee, setting forth the grounds for such appeal and the alleged error of the official rendering the decision from which the appeal is taken.
(B) (1) Any developer, individual, corporation, partnership or other entity may pay a water or sewer capacity or impact fee under protest, and is not estopped from exercising the right of appeal provided herein, nor is the fee payor estopped from receiving a refund of an amount considered to have been illegally collected.
(2) Instead of making a payment of a capacity or impact fee under protest, a fee payor, at his, her or its option, may post a bond or submit an irrevocable letter of credit for the amount of the capacity or impact fee due, pending the outcome of an appeal.
(C) The county manager, or his or her designee or designees, shall hold a conference or hearing, after due notice to all parties in interest, within 30 days of the receipt of such appeal, and render a decision to all parties in interest within 30 days after such conference or hearing.
(D) (1) Upon voluntary agreement by both the fee payor and the county, mediation may be pursued as an alternate dispute resolution medium.
(2) In such event, such mediation shall be conducted substantially in compliance with the alternate dispute resolution/mediation rules promulgated by the South Carolina Supreme Court for Circuit Court Alternate Dispute Resolution, as such rules may be amended from time to time.
(Ord. 5206, passed 12-18-06)