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Title 17D
Chapter 17D.080
Section 17D.080.110
 

Title 17D City-wide Standards

Chapter 17D.080 Voluntary Impact Fees

Section 17D.080.110 Disputes – Appeals
  1. A developer may appeal the amount of an impact fee to the director of planning and engineering services, who makes a determination regarding the amount of the impact fee. The developer has the burden of proving that:
    1. the department assessing the impact fee committed an error in calculating the developer’s proportionate share.
    1. such fee does not mitigate a direct impact; or
    1. the department based its determination upon incorrect data.
    1. developer may also submit such other information deemed relevant or appropriate for the purpose of disputing the impact fee.
  1. The director of planning and engineering services meets with the developer and such other parties as are deemed necessary in order to resolve the dispute. If the dispute is not resolved by the director, the developer may appeal the imposition of the impact fee to the hearing examiner pursuant to chapter 17G.050 SMC. The hearing examiner only determines whether the fee is reasonable but does not make any adjustment thereto. The hearing examiner may remand to the appropriate department for further consideration consistent with the hearing examiner’s decision.
  1. An appeal from a decision of the director must be filed with the hearing examiner within ten calendar days of the director’s written decision regarding the fee amount.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33582 Section 6