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<br />1. The applicability of an impact fee to the development; <br /> <br />2. The amount of the impact fee due; <br /> <br />3. The availability of, the amount of, or the expiration of an offset or credit; <br /> <br />4. The application of an offset or credit against an impact fee due; <br /> <br />5. The amount of the impact fee in proportion to the benefit received by the new <br />development; <br /> <br />6. The amount of a refund due, if any; or <br /> <br />7. The applicability of an exception or exemption. <br /> <br />B. The appellant must file a written notice of appeal with the city clerk witrnn 30 days after the <br />decision being appealed. If the notice of appeal is accompanied by a payment or other security <br />satisfactory to the city attorney in an amount equal to the original determination of the impact <br />fee due, the development application may be processed and approved while the appeal is <br />pending. <br /> <br />C. The appeal shall be heard by the city council at its next regular meeting that is scheduled at <br />least 15 days from the date the appeal is filed. The appellant may present evidence directly <br />relevant and material to the grounds for the appeal. The burden of proof shall be on the <br />appellant to demonstrate that the decision being appealed was not in accordance with this <br />ordinance or standards or guidelines adopted under or referred to in this ordinance. <br /> <br />D. The city council, after public hearing, may grant the appeal in whole or in part, or deny the <br />appeal. If the amount of an impact fee is reduced, any portion of the impact fee paid under <br />protest shall be refunded to the appellant. <br /> <br />Section 14. Refunds. <br /> <br />A. Upon written request, any impact fee or portion thereof collected under trns ordinance, which <br />has not been expended within 10 years from the date of payment, shall be refunded to the record <br />owner of the property for which the impact fee was paid, or to a governmental entity, if the <br />entity paid the fee, together with interest calculated from the date of collection to the date of <br />refund at the statutory rate as set forth in Section 302.002 of the state Finance Code, or its <br />successor statute. The application for refund under this section shall be submitted within 60 <br />days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall <br />be considered expended on a first-in, first out basis. <br /> <br />B. An impact fee collected under this ordinance shall be considered expended if the total <br />expenditures for capital improvements or facility expansions authorized in Section 12 within <br />10 years after the date of payment exceeds the total fees collected for such improvements or <br /> <br />11 <br />