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Any impact fee payer against whom an impact fee has been assessed may appeal the amount of the impact fee to the Impact Fee Review Board. An appeal under this section must be initiated by filing a petition for review with the Town Clerk-Treasurer's office no later than thirty (30) days after the issuance of the building permit for which the impact fee was assessed, together with a filing fee in the amount of one hundred dollars ($100.00). The filing fee shall be refunded in full if: (1) the petition for review is granted and the impact fee is eliminated, reduced, or adjusted by the Impact Fee Review Board, by independent action of the Town Council, or by a court of competent jurisdiction, and (2) the reviewing body ordering such adjustments finds that the amount of the impact fee, reductions, or credits were arbitrary or capricious.

The petition for review shall be in such form as prescribed by the Impact Fee Review Board to inform the Impact Fee Review Board of the nature of the appeal, including: (1) a description of the new development on which the impact fee has been assessed; (2) all facts, data and technical information related to the assessment of the impact fee and serving as the basis for the appeal of the amount of the impact fee; and (3) the reasons the petitioner believes that the amount of the impact fee assessed is erroneous or is greater than the amount allowed by the fee limitation set forth in the applicable provisions of IC 36-7-4-1300 et seq.

Upon receipt of a timely filed petition for review on the form prescribed by the Impact Fee Review Board, the Town Clerk-Treasurer shall provide a copy to the Impact Fee Review Board, the Town Manager and the Town Director of Planning and Zoning, who shall forward same to the Town Engineer or engineering consultant for review and response. At that time, the Impact Fee Review Board shall coordinate a hearing date with the Town Manager and the Director of Planning and Zoning, who shall then notify the petitioner in writing of such hearing date, which hearing shall be held not sooner than thirty-five (35) days nor later than fifty-five (55) days following the Town's receipt of said petition for review.

Not later than thirty (30) days following receipt of the petition for review, the Town Manager shall provide to the Impact Fee Review Board a completed response to said petition on the form prescribed by the Impact Fee Review Board. The Impact Fee Review Board shall immediately forward a copy of the completed response form to the petitioner. The Town's Response shall indicate: (1) agreement or disagreement with each item indicated on the petition for review; and (2) the reasons the Town believes that the amount of the impact fee assessed is correct.

The Impact Fee Review Board shall review the petition for review and the completed response and following the hearing, the Impact Fee Review Board shall determine the appropriate amount of the impact fee, which written determination shall be made not later than thirty (30) days after submission of the response. At the hearing, the petitioner and the Town may submit evidence in person, by affidavit, by agent or by attorney. Upon the conclusion of the presentation of evidence, the Impact Fee Review Board shall make a written determination based upon the facts presented, and may reverse, affirm, modify, or make such adjustments to the impact fee assessed, the amount of a refund, or the amount of a credit, as it may determine appropriate under the circumstances, including establishing the amount of a revised impact fee, refund, credit, or any combination of revised impact fee, refund or credit. The Impact Fee Review Board shall provide a copy of its written findings of fact supporting its decision to the Town Manager and the petitioner involved in the appeal within five (5) days after making its decision.

(Ord. No. 1721, § 10, 1-13-21)