CHAPTER 3-16: APPEALS OF DEDICATION OR EXACTION REQUIREMENTS
SECTIONS:
3-16-2: NOTICE OF RIGHT TO APPEAL:
3-16-3: DESIGNATION OF HEARING OFFICER:
3-16-4: EXCEPTIONS TO CHAPTER:
3-16-1 RIGHT TO APPEAL:
(A) A property owner shall have the right to appeal any requirement by the City for a dedication or exaction as a condition of granting approval for the use, improvement or development of real property.
(B) Any appeal pursuant to this section shall be in writing and filed with or mailed to the City Hearing Officer within thirty (30) days after a final determination is made regarding a dedication or exaction.
(C) The purpose of the appeal provided for in this Chapter is to determine:
(i) whether there is an essential nexus between the dedication or exaction, and a legitimate governmental interest; and
(ii) whether the proposed dedication or exaction is roughly proportional to the impact of the proposed use, improvement or development.
(D) The burden of proof to meet those requirements as set forth in Section 3-16-1(C) are on the City.
(E) There shall be no fee charged a property owner for an appeal pursuant to this Chapter.
(F) The procedure for an appeal pursuant to this Chapter shall be in accordance with Arizona Revised Statutes § 9-500-12.
3-16-2 NOTICE OF RIGHT TO APPEAL:
A property owner entitled to an appeal pursuant to Section 3-16-1 shall be advised of his or her right to appeal upon a final determination being made regarding a dedication or exaction, together with a description of the appeal procedure.
3-16-3 DESIGNATION OF HEARING OFFICER:
The Prescott City Manager is hereby designated as the Hearing Officer for the purposes of this Chapter.
3-16-4 EXCEPTIONS TO CHAPTER:
This Chapter does not apply to a dedication or exaction required in a legislative act of the City Council which does not give discretion to an administrative agency or official of the City to determine the nature or extent of the dedication or exaction. (Ord. 3377, eff. 7-11-95)