Impact Fee Appeals - Special Magistrate 


Hearing Officers, as established in Article 2.G.3.G., are hereby authorized to hear and decide appeals of decisions by the Impact Fee Coordinator concerning independent fee calculations and interpretations of Article 13, Impact Fees.

An applicant shall file an appeal with the Impact Fee Coordinator by filing a letter of appeal within 15 working days of a decision by the Impact Fee Coordinator. The letter of appeal must state with specificity the reasons for the appeal and shall contain such data and documentation upon which the applicant seeks to rely. The Impact Fee Coordinator may establish a reasonable fee to be paid by the applicant upon filing an appeal. This fee shall not exceed the cost to the County in processing the appeal.

The Impact Fee Coordinator shall schedule a hearing before the Hearing Officer no later than 90 working days after an appeal has been filed. The Impact Fee Coordinator shall notify the applicant of the hearing date at least 15 working days in advance of the hearing and invite the applicant or the applicant's representative to attend the hearing. Any of the time limitations set forth in this paragraph may be waived upon mutual agreement of the Impact Fee Coordinator and the party filing the appeal.

At the hearing, the Hearing Officer shall provide the applicant and the Impact Fee Coordinator an opportunity to present testimony and evidence, provided such information was part of the review before the Impact Fee Coordinator. The Hearing Officer shall reverse the decision of the Impact Fee Coordinator only if there is substantial competent evidence in the record that the Impact Fee Coordinator erred from the standards in this Chapter.

Any aggrieved party, including Palm Beach County (PBC), may appeal an order of the Hearing Officer to the Fifteenth Judicial Circuit Court of PBC. Such appeal shall not be a hearing de novo, but shall be a petition for Writ of Certiorari and the Court shall be limited to appellate review of the record created before the Hearing Officer. PBC may assess a reasonable fee for the preparation of the record to be paid by the Petitioner in accordance with, as amended from time to time.