§ 70-14. Appeals and Independent Impact Fee Studies.

(a)

The Impact Fee Administrator is hereby authorized to develop an administrative procedures manual for impact fees addressing, among other things, standards and appeal procedures for independent impact fee studies. The administrative procedures manual shall be presented to the Board for approval by resolution prior to implementation of the procedures outlined in the manual. Notwithstanding the foregoing, any independent impact fee studies submitted prior to Board approval of such administrative procedures manual shall be reviewed and considered by the Impact Fee Administrator using generally accepted industry standards.

(b)

Any applicant (1) who believes that the base information used to calculate the impact fee for the applicant's development is incorrect, or (2) who has a unique or restrictive land use that can be verified through the County's building permit or business use permit process and believes that this results in a different value than that used to calculate the impact fee for the applicant's development, or (3) whose land use is not listed in the impact fee schedule, or believes the use is incorrectly assigned in the impact fee schedule, shall have the option to provide an independent impact fee study prepared in accordance with the administrative procedures manual provided for under Chapter 70 Article I Section 70-14. The Impact Fee Administrator is hereby authorized to reject any independent impact fee study not meeting such standards. The applicant shall provide notice of its intent to provide an independent impact fee study not later than 60 days following issuance of the building permit or business use permit. Upon submission of the independent impact fee study, the applicant shall pay a review fee to the County in an amount to be established by resolution, which shall not exceed the actual cost of reviewing the independent impact fee study. If the independent impact fee study cannot be completed and a final determination of sufficiency made by the Impact Fee Administrator, including any appeals, prior to issuance of the certificate of occupancy for the development, the applicant shall pay the applicable impact fee in the impact fee schedule. However, if the impact fee study is subsequently accepted by the County Administrator following issuance of the certificate of occupancy or business use permit, a refund shall be made to the applicant to the extent the impact fee paid was higher than the impact fee determined in the independent impact fee study.

(c)

After determination of: (i) the amount of the Impact Fee, which occurs at the time of issuance of a building permit as defined in this Article or at the time of issuance of a determination on an independent impact fee study prepared pursuant to subsection (a) above , whichever occurs later in time, (ii) the amount of the credit, which occurs at the time of issuance of a determination on an independent impact fee study prepared pursuant to this appeal process, or (iii) the amount of the refund due, which occurs at the time of issuance of a determination on an independent impact fee study under Chapter 70 Article I Section 70-14, an Applicant for a building permit or a property owner may appeal in writing such determination to the Impact Fee Administrator. The Impact Fee Administrator shall have 15 business days to respond in writing to the appeal request. Should the appeal request be denied, the Applicant shall have the right to appeal the decision of the Impact Fee Administrator to the Board within 30 days following the determination of the appeal request by the Impact Fee Administrator. The Notice of Appeal shall be filed with the Clerk of the Board with a copy to the County Impact Fee Administrator. The Impact Fee Administrator shall prepare a written response justifying the decision to deny the appeal request and cite applicable policies and rationale for the decision. The filing of an appeal shall stay the issuance of a building permit unless a bond, letter of credit, or other surety has been filed with the County in an amount equal to the impact fee assessed and applicable surcharge. The Board shall base its decision on any appeal on the applicable standards and criteria established in this Article and the evidence presented at a properly advertised public hearing. The hearing shall be held within 60 days of receipt of the appeal request. The Board may uphold or revoke, in whole or in part, the determination being appealed and to that end shall have the powers of the administrative official from whom the appeal is taken.

(d)

The Impact Fee Administrator is authorized, without a hearing to the Board, to take such actions as are necessary to correct errors in the calculation and/or collection of Impact Fees which are the subject of an appeal timely filed in accordance with this Article I.

(Ord. No. 2016-045, § 15, 11-8-2016)