Ordinance 3396-14 - Laserfiche WebLink

in the protest. Failure to provide such written protest at the time of fee payment shall be deemed a withdrawal of any appeal to the director. C. Failure to file a written protest and to seek a timely appeal to the director shall preclude any appeal of the school impact fee pursuant to EMC Chapter 15.24. D. Refunds approved under this section, or following an administrative appeal as provided in EMC Chapter 15.24, shall be made to the current property owner at the time the refund is authorized, unless the current property owner releases the county and the school district from any obligation to refund the current property owner. E. The developer or the school district may appeal the director's decision as provided in EMC Chapter 15.24. Section 14. Appeals of decisions - procedure. A. Any person aggrieved by a decision to impose, impose modifications, or waive an impact fee under this chapter may appeal the decision to the hearing examiner. Where there is an administrative appeal process for the underlying development approval, appeals of an impact fee under this chapter must be combined with the administrative appeal for the underlying development approval. Where there is no administrative appeal for the permit,then appeal of the impact fee shall proceed as a Type 1 appeal pursuant to EMC chapter 15.24. Appeals shall be limited to application of the impact fee provisions to a specific development. B. The impact fee may be modified or refunded upon a determination based on the application of the criteria contained in Section 13 of this Ordinance. Section 15. Arbitration of disputes. With the consent of the developer and the affected district, a dispute regarding imposition or calculation of a school impact fee may be resolved by arbitration. Section 16. Severability. Should any section,paragraph, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulations, this shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 17. Conflict. In the event there is a conflict between the provisions of this Ordinance and any other City ordinance, the provisions of this Ordinance shall control. Section 18. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to,the correction of 7