(A) There is hereby created the Impact Fee Review Board, whose members shall be appointed by the Town Council, consisting of three citizen members. A member of the Impact Fee Review Board may not be a member of the Advisory Plan Commission. One member of the Impact Fee Review Board shall be a real estate broker licensed in the state, one member shall be an engineer licensed in the state, and the third member shall be a certified public accountant. Each member shall serve at the pleasure of the Town Council for calendar year terms commencing with their initial appointment and concluding on December 31 of the year in which he or she is appointed, unless reappointed.
(B) In the event of a conflict of interest or other condition which causes a duly appointed member of the Impact Fee Review Board to disqualify himself or herself on any matter before the Board, such member shall notify the Town Council in writing of their intent not to participate in such matter. Thereafter, the Town Council may appoint a temporary replacement member for the limited purpose of hearing that petition for which the regular member is disqualified. Any such replacement member shall meet the qualifications of the member he or she is replacing.
(C) The Impact Fee Review Board shall have only those duties and responsibilities established in I.C. 36-7-4-1338. Upon the organization of the Impact Fee Review Board, the members shall establish rules of procedure to the extent they are consistent with Indiana state law and, specifically, to provide the ways and means to carry out the specific provisions of this subchapter regarding petitions for review, refunds, credits and other matters. The rules shall specifically provide that in the event that no development occurs or only a portion of the anticipated development occurs, a refund in whole or in part of such fee paid shall be made, with interest. The Board may impose reasonable requirements to insure that, in fact, no development has occurred, or something less than what was paid for is all that will occur on the real estate which was the subject of the initial assessment.
(D) Members of the Impact Fee Review Board shall serve without compensation. At their first meeting, they shall elect from their membership a chairperson who shall serve until his or her replacement has been duly elected. At the first meeting after the first day of January in each year, the membership shall elect from the then duly appointed members a chairperson. The chairperson shall be responsible for leading the Board in conducting its business.
(Ord. 2007-03, passed - - ; Ord. passed 7-7-2014)