Can an impact fee assessment be appealed?

A developer may file an administrative appeal with the Town Manager regarding the payment of development impact fees, independent calculation of impact fees, or credits or reimbursements by filing a written Notice of Appeal. The Notice shall be filed within thirty days of the decision which is subject to the appeal. The filing of an appeal will immediately halt the building permit application process, unless the developer posts a bond or submits an irrevocable letter of credit for the full amount of the development impact fees as calculated by the town. The Town manager will have thirty days to review the appeal and render a decision. Administrative appeals may be further appealed to the Fort Mill Town Council.
A fee payer may pay development impact fees under protest. Payment under protest does not preclude the developer from filing an administrative appeal nor is the fee payer estopped from receiving a refund of an amount considered to have been collected illegally. A fee payer, at his option, may also post a bond or submit an irrevocable letter of credit for the amount of development impact fees due instead of making a cash payment under protest, pending the outcome of an appeal.

Show All Answers

1. What are impact fees?
2. Why did Town Council adopt an impact fee ordinance?
3. When will the town start collecting impact fees?
4. How are impact fees calculated?
5. What is a discount rate?
6. How and when are impact fees paid?
7. Do impact fees apply to all types of construction?
8. How will the fee be calculated if my intended use is not on the impact fee schedule?
9. Can an impact fee assessment be appealed?
10. Do I need to pay an impact fee if I am opening a business in an existing structure?
11. How can I receive an impact fee credit?
12. Are impact fees refundable?
13. Can the impact fee amounts be changed in the future?
14. How will the town spend revenues collected from impact fees?