11-01-27: APPEALS, PROTEST AND MEDIATION:

Appeal Of Administrative Decisions By Fee Payer: Except for the determination of an individual assessment, a fee payer may appeal a final decision of the impact fee administrator by filing a written notice of administrative appeal with the board of county commissioners within thirty (30) days of: 1) a written decision by the impact fee administrator; or 2) the acceptance of payment of the impact fee under protest. The appeal shall contain a written explanation of the appeal and documentation to be considered by the board. A fee payer may pay an impact fee under protest in order to obtain a building permit and shall not be precluded from exercising the right of appeal as provided herein.

   (1)   Except as otherwise provided in this chapter, a decision of the impact fee administrator may be appealed by the developer or fee payer to the board for the following reasons:

      A.   The applicability of an impact fee to the new development;

      B.   The method of calculating the amount of the impact fee;

      C.   The availability or the amount of the offset or credit;

      D.   The application of the offset or credit against the impact fee due; or

      E.   The amount of a refund due.

   (2)   The burden of proof shall be on the fee payer to demonstrate that the impact fee administrator's decision is in error. Following a hearing on the appeal, the board shall issue a written decision within thirty (30) days of the conclusion of the hearing. The written decision of the board shall constitute the final decision.

   (3)   The board shall schedule the appeal hearing as soon as practical. The board may affirm, reject, or revise the decision of the impact fee administrator and shall issue a written decision providing findings of fact and conclusions of law supporting the decision. The written decision of the board shall be mailed to the impact fee administrator and the fee payer.

   (4)   Mediation: At any time during the appeal process, the fee payer and the board may voluntarily enter into mediation with respect to any disagreement related to the impact fee for a proposed development. Mediation shall be conducted by a qualified independent party selected by mutual agreement. The cost of such mediation will be shared equally by the fee payer and board. (Ord. 20-018, 6-22-2020)