(A) A fee payor may pay an impact fee under protest. A fee payor making the payment of impact fees is not stopped from exercising the right of appeal under this subchapter, or stopped from receiving a refund for any overpayment of the fees, if that is determined to be the case on appeal.
(B) An appeal from any decision of the director pursuant to these procedures shall be made to the County Manager. If the notice of appeal is accompanied by a letter of credit in a form satisfactory to the County Attorney in an amount equal to the impact fees due, the development may be approved. The filing of an appeal shall not stay the imposition or the collection of impact fees unless a bond or other sufficient surety is provided.
(1) No later than 30 days after receiving the appeal, the County Manager or his or her authorized designee shall conduct an appeal-review in which the appellant and a representative from York County may present justification and documents related to the issue on appeal.
(2) The Manager shall consider all pertinent justification and materials submitted by the appellant and by the county representative, and all other available information to ensure a full and fair review.
(3) No later than 15 days after the hearing, the Manager shall furnish the appellant with a written decision that explains the basis for the decision.
(C) In its appeal before the County Manager, the burden of proof shall be on the appellant to demonstrate that the decision of the director is erroneous.
(‘77 Code, § 14-36) (Ord. 7196, passed 12-16-96; Am. Ord. 2718, passed 7-16-18)