Ordinance 2001-134 - Laserfiche WebLink

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6. The City may, at its option, make refunds of impact fees by direct payment, by offsetting such refunds against other impact fees due for the same category of public facilities for new development on the same property, or by other means subject to agreement with the property owner. Section 5: Appeals. A. An appeal from any decision of the Building Official or his designee, may be appealed to the City Manager within fifteen (15) days. An appeal from any decision of a City Manager pursuant to this Ordinance shall be made to the Commission by filing a written appeal on the appropriate City form with the City Clerk within thirty (30) days following the decision which is being appealed; provided, however, that if the notice of appeal is accompanied by a cash bond or letter of credit in a form satisfactory to the City Attorney in an amount equal to the impact fee calculated to be due, a building permit may be issued for the new development. The filing of an appeal shall not stay the imposition or the collection of the impact fee as calculated by the City unless a eash-performance bond or letter of eredit has been provided. B. The burden of proof shall be on the appellant to demonstrate that the decision of the City is erroneous. C. All appeals shall detail the specific grounds therefore and all other relevant information and shall be filed on a form provided by the City for such purposes. Section 6: ExemptionslW aivers. A. Filing of Application. Petitions for waivers from specific impact fees shall be filed with the Commission on forms provided by the City. B. Effect of Grant of Exemption. If an exemption from the application of the provisions of this Ordinance is authorized by the terms of a specific impact fee ordinance, or if the Commission determines that such an exemption is appropriate or required by law, the City shall not be required to provide any funds equal to the amount of any impact fee which would have been due without such exemption. C. Effect of Grant of Waiver. If the Commission grants a waiver in whole or in part of impact fees otherwise due, the amount of the impact fees waived shall be provided by the City from non-impact fee funds, and such funds shall be deposited to the appropriate impact fee account within a reasonable period of time consistent with the applicable City capital improvements program. D. Development Agreements. Nothing herein shall be deemed to limit the City's authority or ability to enter into Development Agreements with applicants for new development that may provide for dedication of land, payments in lieu of impact fees, or actual infrastructure improvements. Such development agreements may allow offsets against impact fees for Parks & Rec Impact Fee Ord LMD:ch 7120/01 - 11:36 AM 14