Ord 2004-092 - Laserfiche WebLink

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tII tI J Chapter 1 Development Procedures - Article 10 Relief Procedures (c) Effect. The granting of an impact fee appeal supercedes the decision from which appeal was taken. If relief includes reduction in the amount of an impact fee paid under protest, the amount of the reduction shall be refunded to the appellant. Section 1.10.6.2 Appeal Requirements (a) Who May Appeal. The property owner or applicant for a building permit or, in the extraterritorial jurisdiction of the City, an applicant for a utility connection, who is subject to payment of an impact fee under Chapter 7, Article 7 of this Land Development Code, may file an impact fee appeal. The burden is on the appellant to demonstrate that the initial decision was erroneous. (b) Form of Appeal. The appeal shall contain a written statement of the reasons why the impact fee decision was erroneous. The appellant may submit evidence directly relevant and material to the grounds for the appeal. The burden of proof shall be on the appellant to demonstrate that the decision being appealed was not in accordance with impact fee standards in Chapter 7, Article 7. (c) Time for Filing Appeal. A written appeal must be filed with the responsible official within 30 days of the decision being appealed. Section 1.10.6.3 Processing of Appeal and Decision (a) Responsible Official. The responsible official on appeal is the Engineering Director. Upon receipt of a written appeal, the responsible official shall compile all documents constituting the record of the decision on appeal and transmit the record to the City Council for decision. (b) Stay of Proceedings. If the notice of appeal is accompanied by a payment or other security satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application may be processed and approved while the appeal is pending. If the impact fee is not paid or otherwise secured, all proceedings on a development application associated with the appeal shall be stayed, including without limitation the acceptance, processing or approval of the application or subordinate applications. (c) Decision on Appeal. The City Council shall decide the appeal within 30 days of the date the appeal is filed. The Council shall affirm, reverse or modify the decision from which appeal was taken. (d) Notification of Decision on Appeal. The appellant shall be notified of the decision on appeal and the right to any refund in the manner provided in Article 3, Division 2 of this Chapter I. Cily of San Marcos, Texas 1-175 Land Development Code - Final