Title 36, Chapter 71, Section 10
( 36-71-10)
(a) A municipality or county which adopts a development impact fee
ordinance shall provide for administrative appeals to the governing
body or such other body as designated in the ordinance of a
determination of the development impact fees for a particular
project. (b) A developer may pay a development impact fee under protest in
order to obtain a development approval or building permit, as the
case may be. A developer making such payment shall not be estopped
from exercising the right of appeal provided by this chapter, nor
shall such developer be estopped from receiving a refund of any
amount deemed to have been illegally collected. (c) A municipality or county development impact fee ordinance may
provide for the resolution of disputes over the development impact
fee by binding arbitration through the American Arbitration
Association or otherwise. |