Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 10: - RELIEF PROCEDURES DIVISION 6: - IMPACT FEE APPEAL DI VISHIN 6. - t H f'IA (l l 'l l 4.f'If'It"A 1, Section 1 „10...6 „1 ,,. AppIllicalb111111ty, Ilf;;° Ipfiiioin and Ilf;; °ff f (a) Applicability. The following administrative decisions pertaining to the imposition or relief from an impact fee authorized under Chapter 7, Article 7 of this Land Development Code may be appealed to the City Council: (1) The applicability of an impact fee to the development; (2) The amount of the impact fee due; (3) The availability or amount of an offset or credit against payment of an impact fee for inclusion in a subdivision improvement agreement; (4) The expiration of an offset or credit; (5) The application of an offset or credit against an impact fee due; (6) The availability of or amount of a refund due; or (7) The applicability of an exception or exemption. (b) Exception. If the property owner or applicant contends that the amount of the impact fee or the availability or amount of an offset or credit against an impact fee due places a disproportionate burden on the property owner or applicant, or that payment of the impact fee exceeds the benefit received by the new development, the procedures of this Division do not apply. In such instance, the property owner or applicant shall file a petition for relief from a dedication or construction requirement under Division 3 of this Article 10 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, as provided for in Division 3. (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 „ 16...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 „16...6...3 ,,. Pirocessiling of Appeal and IID iii iiion (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. San Marcos, Texas, Code of Ordinances Page 142