(1) A developer may appeal the amount of a transportation impact fee determined by the Director of Community and Economic Development to the City Hearing Examiner under the procedures provided in Chapter 25.195 PMC. The developer shall have the burden of proving:
(a) An error was committed in calculating the assessment of the impact fee or the developer’s proportionate share.
(b) Such fee does not mitigate a direct impact.
(c) The City based its determination on incorrect data. A developer may also submit such other information deemed relevant or appropriate for the purpose of disputing the impact fee.
(d) The Director of Community and Economic Development shall meet with the developer and such other parties as are deemed necessary in order to resolve the dispute. If the dispute is not resolved by the Director, the developer may appeal the imposition of the impact fee to the Hearing Examiner. The Hearing Examiner only determines whether the fee is reasonable, but does not make any adjustment thereto. The Hearing Examiner may remand the matter to the Community and Economic Development Department for further consideration consistent with the Hearing Examiner’s decision.
(2) An appeal from a decision of the Director of Community and Economic Development must be filed with the Hearing Examiner within 10 calendar days of the Director’s written decision regarding the fee amount.