13-1-13 Appeals.
A development fee determination by Town staff may be appealed in accordance with the following procedures:
A. Limited Scope. An appeal shall be limited to disputes regarding the calculation of the development fees for a specific development and/or permit and calculation of service units for the development.
B. Form of Appeal. An appeal shall be initiated on such written form as the Town may prescribe and submitted to the Development and Infrastructure Services Director or designee. The applicant shall submit a written notice of appeal with a full statement of the grounds and an appeal fee of two hundred dollars ($200.00) or such other amount as may be fixed from time to time by ordinance adopted by the Town Council.
C. Action by Manager. The Town Manager or authorized designee shall act upon the appeal within fourteen (14) calendar days of receipt of the appeal and the applicant shall be notified of the Town Manager or authorized designee’s decision in writing.
D. Final Decision. The Town Manager or authorized designee’s decision regarding the appeal is final.
E. Fees During Pendency. Building permits may be issued during the pendency of an appeal if the applicant (1) pays the full development fee calculated by the Town at the time the appeal is filed or (2) provides the Town with financial assurances in the form acceptable to the Town Manager or authorized designee equal to the full amount of the development fee. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the Town Manager or authorized designee, and the applicant has provided the Town with financial assurances as set forth in subsection (E)(2) of this section, the applicant shall deliver the full amount of the development fee to the Town within ten (10) days of the Town Manager or designee’s final decision on the appeal. If the applicant fails to deliver the full amount of the development fees when required by this subsection, the Town may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the development fees due from the applicant. ((O)14-04, 04/02/2014)