Ord 2018-004/amending various sections of the San Marcos City Code for consistency with, or to complement concurrent adoption of the new San Marcos Development Code (“CodeSMTX”);

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Development code in order to resolve the issue. Such petition may include a claim that the dedication or construction of a public improvement places a disproportionate burden on the property owner or applicant. (c) Effect The granting of an impact fee appeal supersedes 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. (d) Appellant Requirements. The property owner or applicant for a building permit or out of city utility connection who is subject to payment of an impact fee may file an impact fee appeal provided that the burden to demonstrate an erroneous decision shall be on the appellant. (e) 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. (bf) Time for Filing Appeal. The appellant must file a written notice of appeal with the city clerk director of engineering within 30 days after the decision being appealed. 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. (eg) Public Hearing. The appeal shall be heard by the city council within 30 days at its next regular meeting that is scheduled at least 15 day,from the date the appeal is filed. The appellant may present evidence directly relevant and to demonstrate that the decision being appealed was not in accordance with thi., division or standards or guidelines adopted under or referred to in this division. (dh) Decision. The city council, after public hearing, may grant the appeal in whole or in part, or deny the appeal. If the amount of an impact fee is reduced, any portion of the impact fee paid under protest shall be refunded to the appellant. SECTION 36. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code.