(A) Any fee payer who believes itself to be aggrieved by the calculation of the fee may appeal the fee assessment to Board, and the Board shall conduct a hearing with regard thereto. At such hearing, the fee payer shall bear the burden of going forward with the evidence and shall present evidence addressing either of the following propositions:
(1) A fact assumption used in determining the amount of the fee is incorrect; or
(2) The amount of the fee is greater than the amount allowed under I.C. 36-7-4-1320, 36-7-4-1321, and 36-7-4-1322.
(B) Action By Board. Upon conclusion of the hearing at which the matter is first presented, or at the conclusion of the hearing if the matter is continued, the Board shall determine the appropriate amount of the fee based upon the facts presented and may reverse, affirm, modify, or make such adjustments in the fee, as it believes are appropriate under the circumstances, if any, including establishing the amount of an impact fee, a credit, a refund, or any combination of fees, credit, or refunds.
(C) Written findings. The Impact Fee Review Board shall make written findings of fact supporting its decision and shall provide a copy of its decision to the Director of the Department of Public Works and the fee payer involved in the appeal within five days after making its decision.
(D) Time for appeals and filing fee. An appeal under this section must be filed no later than 30 days after the issuance of the building permit. The appeal shall be initiated with the filing of a petition for review with the Director of the Department of Finance and Records together with a filing fee in the amount of $100. The filing fee shall be refunded in full if:
(1) The petition for review is granted and the fee is eliminated, reduced, or adjusted by the Impact Fee Review Board, by independent action of the town, or by a court having jurisdiction; and
(2) The reviewing body determines that the amount of the fee, reductions, or credits were arbitrary or capricious or contrary to state law.
(E) Petitions for appeal. The petition for review shall be in a form calculated to inform the Impact Fee Review Board of the nature of complaint, the parties to the action, and the relief requested. In addition, the petition shall describe the new development on which the fee has been assessed, all facts related to the assessment of the fee, and the reasons the petitioner believes that the amount of the fee assessed is erroneous or is greater than the amount allowed by the fee limitation set forth in this subchapter and the enabling statute.
(F) Appeal of Board decision. A fee payer aggrieved by a final determination of the Board regarding the assessment of an impact fee may appeal the Board's determination to the Circuit or Superior Courts of Boone County and is entitled to a trial de nova. If the assessment of the fee is vacated by the Court, the assessment of the impact fee shall be corrected by the Board.
(G) Stay of payment of fee during appeal. If a petition for review or an appeal of an impact fee assessment is pending, the impact fee is not due and payable until after the petition or appeal is finally adjudicated and the amount of the fee is determined.
(H) Issuance of permit during appeal. If a person against whom an impact fee has been assessed appeals the amount of the impact fee, the town shall not deny the issuance of a building permit on the basis that the fee has not been paid or condition issuance of the permit on the payment of the fee. However, if the impact is $1,000 or less, the fee payer must either pay the impact fee or initiate an appeal in order be eligible for issuance of the permit.
(Ord. 2023-23, passed 11-6-2023)