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 Manatee County
 Land Development Code
 Chapter 11. IMPACT FEES

  § 1107. Appeals.  

Latest version.

  • 1107.1.   General.

    A Feepayer may appeal a decision of the County Impact Fee Administrator to the Board on a request for an Independent Impact Analysis, or a Refund, or an Application for Credit, or any other decision made pursuant to this Chapter, by filing an appeal, in writing, with the County Impact Fee Administrator, within sixty (60) calendar days of the decision. The appeal shall include a written notice stating in detail the grounds of the appeal. The County Impact Fee Administrator shall place the appeal on the Board's agenda for a regularly scheduled meeting, and forward the record of the matter that is on appeal to the Board.

    ( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1107.2.   Record.

    The record considered by the Board shall be the record of the application for Independent Impact Analysis, the Application for Impact Fee Credit, or the request for impact fee refund (as the case may be).

    ( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1107.3.   Notice.

    The County Impact Fee Administrator shall notify the applicant by mail or hand delivery at least fifteen (15) calendar days prior to the Board's hearing on the appeal.

    ( Ord. No. 15-43, § 4(Exh. B), 12-3-15 )

    1107.4.   Hearing on Appeal.

    At the hearing on the appeal, the Board shall provide the appellant an opportunity to identify the grounds for an appeal and the basis for the County Impact Fee Administrator's error on the decision, based on the record. The County Impact Fee Administrator, other County staff involved in the decision, and the appellant shall be allowed to respond, based on the record. After the presentations, the Board may hear from any other person, and then based on the testimony heard at the hearing and the record, the Board shall affirm, modify or reverse the decision of the County Impact Fee Administrator based on the standards in Section 1107.5 (Standards).

    ( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1107.5.   Standards.

    To reverse a decision of the County Impact Fee Administrator, the Board shall find that there is a clear and demonstrable error in the application of the facts in the record to the standards for review of an Independent Impact Analysis (Section 1102.3.E), Refund (Section 1105), or Request for Credit (Section 1106) (as the case may be). If the Board reverses or modifies the decision, it shall provide the County Impact Fee Administrator clear direction on the decision. In no case shall the Board have the authority to negotiate the amount of the Impact Fees or waive the Fees. The decision of the Board shall be final.

    (Ord. No. 17-24 , § 3(Exh. A), 12-7-17)

    1107.6.   Form of Decision.

    The Board's decision on the appeal shall be in writing and shall include findings of fact and the application of those facts to the relevant standards.

( Ord. No. 15-43, § 4(Exh. B), 12-3-15 )