Common use of Appeals Procedure Clause in Contracts

Appeals Procedure. ‌ A. An applicant for a preliminary or Final Plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the City Secretary within 10 days of the date the City official responsible for issuing the permit takes action applying the exaction requirement. This may include denial of the permit or plat. The applicant shall submit 15 copies of the appeal. B. A separate appeal form shall be submitted for each exaction requirement for which relief is sought. The City Secretary shall forward the appeal to the City Council for consideration. C. The applicant may request postponement of consideration of the applicant’s plat application by the City Council pending preparation of the study required by subsection (6) , in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the City Council to decide the appeal. D. No developer’s agreement may be executed by the City until the time for appeal has expired or, if an appeal is filed, until the City Council has made a determination with respect to the appeal. E. The appeal shall state the reasons that application of the exaction requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development on the City’s public facilities systems and does not reasonably benefit the proposed subdivision or development. F. The appellant shall submit to the City Engineer 15 copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: 1. total capacity of the City’s water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed; 2. total capacity to be supplied to the City’s public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed on the development; 3. comparison of the capacity of the applicable City public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the City’s public facilities systems from the entire subdivision or development shall be considered; 4. the amount of any City participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant in accordance with the City’s requirements; 5. comparison of the minimum size and capacity required by City standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and 6. any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the City. G. The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the City Engineer’s analysis of the information contained in the study and utilizing the same factors considered by the Engineer in making the original proportionality determination.

Appeals Procedure. ‌ A. An applicant Any Applicant whose claim for benefits is denied in whole or in part (such Applicant being hereinafter referred to as the “Claimant”) may appeal from such denial to the Committee for a preliminary or Final Plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the City Secretary within 10 days review of the date decision by the City official responsible for issuing entire Committee. Such appeal must be made within three months after the permit takes action applying denial provided above. An appeal must be submitted in writing within such period and must: (1) Request a review by the exaction requirement. This may include denial entire Committee of the permit claim for benefits under the Plan; (2) Set forth all of the grounds upon which the Claimant’s request for review is based and any facts in support thereof; and (3) Set forth any issues or platcomments which the Claimant deems pertinent to the appeal. The applicant Committee shall submit 15 copies of the appeal. B. A separate appeal form shall be submitted for each exaction requirement for which relief is soughtregularly review appeals by Claimants. The City Secretary Committee shall forward the act upon each appeal to the City Council for consideration. C. The applicant may request postponement within 60 days after receipt thereof unless special circumstances require an extension of consideration of the applicant’s plat application by the City Council pending preparation of the study required by subsection (6) , in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the City Council to decide the appeal. D. No developer’s agreement may be executed by the City until the time for processing. If special circumstances require, the Committee shall be allowed an extension of up to 60 days once the Claimant has been notified of such extension in writing, prior to expiration of the initial 60 day review period. Such notice of extension shall indicate the special circumstances requiring the extension of time and the date by which the Administrator expects to render the determination on review. The decision on review will be in writing and will be delivered to the Claimant as soon as possible, but not later than 5 days after the claim determination is made. The Committee shall make a full and fair review of each appeal has expired orand any written materials submitted by the Claimant and/or the Participating Company in connection therewith regardless of whether such information was submitted or considered in the initial benefit claim determination. The Committee may require the Claimant and/or the Participating Company to submit such additional facts, if documents or other evidence as the Committee in its discretion deems necessary or advisable in making its review. The Claimant, or his duly authorized representative may request upon written application to the Committee; to review and/or copy free of charge, pertinent Plan documents, records, and other information relevant to the Claimant’s claim, submit issues and submit documents, records and other information relating to the claim. The decision on review shall be made by the Committee, who may, in its discretion, hold a hearing on the denied claim. The review shall take into account all comments, documents, records and other information submitted by the Claimant relating to the claim, without regard to whether such information was submitted or considered in the initial benefit claim determination. On the basis of its review, the Committee shall make an independent determination of the Claimant’s eligibility for benefits under the Plan. The decision of the Committee on any claim for benefits shall be final and conclusive upon all parties thereto. In the event that the Committee denies an appeal is filedin whole or in part, until the City Council has made a determination with respect Committee shall give written notice of the decision to the appeal. E. The appeal Claimant, which notice shall state set forth in a manner calculated to be understood by the Claimant the specific reasons for such denial and which shall make specific reference to the pertinent Plan provisions on which the Committee’s decision was based and a statement that application the Claimant is entitled to receive upon request and free of charge reasonable access to and copies of all documents, records and other information relevant to the Claimant’s claim for benefits, as well as a statement of the exaction requirement is not roughly proportional Claimant’s right to the nature and extent bring an action under Section 502(a) of the impact created by the proposed subdivision or development on the City’s public facilities systems and does not reasonably benefit the proposed subdivision or development. F. The appellant shall submit to the City Engineer 15 copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: 1. total capacity of the City’s water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivisionERISA. If the proposed subdivision decision on review is to be developed in phasesnot furnished within such period, such information also the claim shall be provided for the entire development, including any phases already developed; 2. total capacity to be supplied to the City’s public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed deemed denied on the development; 3. comparison of the capacity of the applicable City public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the City’s public facilities systems from the entire subdivision or development shall be considered; 4. the amount of any City participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant in accordance with the City’s requirements; 5. comparison of the minimum size and capacity required by City standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and 6. any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the Cityreview. G. The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the City Engineer’s analysis of the information contained in the study and utilizing the same factors considered by the Engineer in making the original proportionality determination.

Appeals Procedure. ‌ A. An Any applicant whose claim for benefits is denied in whole or in part (“Claimant”) may appeal from such denial to the Plan Administrator for a preliminary or Final Plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the City Secretary within 10 days review of the date decision by the City official responsible for issuing Plan Administrator. Such appeal must be made within six months after the permit takes action applying the exaction requirement. This may include denial Claimant has received written notice of the permit denial as provided above in Section 12.1. An appeal must be submitted in writing within such period and must: (a) Request a review by the Plan Administrator of the claim for benefits under the Plan; (b) Set forth all of the grounds upon which the Claimant’s request for review is based and any facts in support thereof; and (c) Set forth any issues or platcomments which the Claimant deems pertinent to the appeal. The applicant Plan Administrator shall submit 15 copies of the appeal. B. A separate appeal form shall be submitted for each exaction requirement for which relief is soughtregularly review appeals by Claimants. The City Secretary Plan Administrator shall forward the act upon each appeal to the City Council for consideration. C. The applicant may request postponement within 60 days after receipt thereof unless special circumstances require an extension of consideration of the applicant’s plat application by the City Council pending preparation of the study required by subsection (6) , in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the City Council to decide the appeal. D. No developer’s agreement may be executed by the City until the time for processing the Claimant’s request for review. If such an extension of time for processing is required, written notice of the extension shall be forwarded to the Claimant prior to the commencement of the extension. In no event shall such extension exceed a period of 120 days after the request for review is received by the Plan Administrator. The Plan Administrator shall make a full and fair review of each appeal has expired orand any written materials submitted by the Claimant and/or the Employer in connection therewith. The Plan Administrator may require the Claimant and/or the Employer to submit such additional facts, if an appeal is fileddocuments or other evidence as the Plan Administrator in its discretion deems necessary or advisable in making its review. The Claimant shall be given the opportunity to review pertinent documents or materials upon submission of a written request to the Plan Administrator, until provided the City Council has made a determination with respect Plan Administrator finds the requested documents or materials are pertinent to the appeal. E. The appeal . On the basis of its review, the Plan Administrator shall state the reasons that application make an independent determination of the exaction requirement is not roughly proportional Claimant’s eligibility for benefits under the Plan. The decision of the Plan Administrator on any claim for benefits shall be final and conclusive upon all parties thereto. In the event the Plan Administrator denies an appeal, in whole or in part, the Plan Administrator shall give written notice of the decision to the nature and extent of the impact created Claimant, which notice shall set forth, in a manner calculated to be understood by the proposed subdivision or development on Claimant, the City’s public facilities systems specific reasons for such denial and does not reasonably benefit the proposed subdivision or development. F. The appellant which shall submit make specific reference to the City Engineer 15 copies of a study in support of pertinent Plan provisions on which the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: 1. total capacity of the CityPlan Administrator’s water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed; 2. total capacity to be supplied to the City’s public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed on the development; 3. comparison of the capacity of the applicable City public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the City’s public facilities systems from the entire subdivision or development shall be considered; 4. the amount of any City participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant in accordance with the City’s requirements; 5. comparison of the minimum size and capacity required by City standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and 6. any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the Citydecision was based. G. The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the City Engineer’s analysis of the information contained in the study and utilizing the same factors considered by the Engineer in making the original proportionality determination.

Appeals Procedure. ‌ A. An Any applicant whose claim for benefits is denied in whole or in part (“Claimant”) may appeal from such denial to the Administrator for a preliminary or Final Plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the City Secretary within 10 days review of the date decision by the City official responsible for issuing Administrator. Such appeal must be made within six months after the permit takes action applying the exaction requirement. This may include denial Claimant has received written notice of the permit denial as provided above in Section 7.10(a). An appeal must be submitted in writing within such period and must: (1) Request a review by the Administrator of the claim for benefits under the Plan; (2) Set forth all of the grounds upon which the Claimant's request for review is based and any facts in support thereof; and (3) Set forth any issues or platcomments which the Claimant deems pertinent to the appeal. The applicant Administrator shall submit 15 copies of the appeal. B. A separate appeal form shall be submitted for each exaction requirement for which relief is soughtregularly review appeals by Xxxxxxxxx. The City Secretary Administrator shall forward the act upon each appeal to the City Council for consideration. C. The applicant may request postponement within 60 days after receipt thereof unless special circumstances require an extension of consideration of the applicant’s plat application by the City Council pending preparation of the study required by subsection (6) , in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the City Council to decide the appeal. D. No developer’s agreement may be executed by the City until the time for processing the Claimant’s request for review. If such an extension of time for processing is required, written notice of the extension shall be forwarded to the Claimant prior to the commencement of the extension. In no event shall such extension exceed a period of 120 days after the request for review is received by the Administrator. The Administrator shall make a full and fair review of each appeal has expired orand any written materials submitted by the Claimant and/or the Participating Company in connection therewith. The Administrator may require the Claimant and/or the Participating Company to submit such additional facts, if an appeal is fileddocuments or other evidence as the Administrator in its discretion deems necessary or advisable in making its review. The Claimant shall be given the opportunity to review pertinent documents or materials upon submission of a written request to the Administrator, until provided the City Council has made a determination with respect Administrator finds the requested documents or materials are pertinent to the appeal. E. The appeal . On the basis of its review, the Administrator shall state the reasons that application make an independent determination of the exaction requirement is not roughly proportional Claimant’s eligibility for benefits under the Plan. The decision of the Administrator on any claim for benefits shall be final and conclusive upon all parties thereto. In the event the Administrator denies an appeal, in whole or in part, the Administrator shall give written notice of the decision to the nature and extent of the impact created Claimant, which notice shall set forth, in a manner calculated to be understood by the proposed subdivision or development on Claimant, the City’s public facilities systems specific reasons for such denial and does not reasonably benefit the proposed subdivision or development. F. The appellant which shall submit make specific reference to the City Engineer 15 copies of a study in support of pertinent Plan provisions on which the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: 1. total capacity of the CityAdministrator’s water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed; 2. total capacity to be supplied to the City’s public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed on the development; 3. comparison of the capacity of the applicable City public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the City’s public facilities systems from the entire subdivision or development shall be considered; 4. the amount of any City participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant in accordance with the City’s requirements; 5. comparison of the minimum size and capacity required by City standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and 6. any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the Citydecision was based. G. The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the City Engineer’s analysis of the information contained in the study and utilizing the same factors considered by the Engineer in making the original proportionality determination.

Appeals Procedure. ‌ A. An Any applicant whose claim for benefits is denied in whole or in part (such applicant being hereinafter referred to as the "Claimant") may appeal from such denial to the Administrative Committee for a preliminary or Final Plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the City Secretary within 10 days review of the date decision by the City official responsible for issuing entire Administrative Committee. Such appeal must be made within six months after the permit takes action applying the exaction requirement. This may include denial Claimant has received written notice of the permit denial as provided above in Section 10.1. An appeal must be submitted in writing within such period and must: (A) Request a review by the entire Administrative Committee of the claim for benefits under the Plan; (B) Set forth all of the grounds upon which the Claimant's request for review is based and any facts in support thereof; and (C) Set forth any issues or platcomments which the Claimant deems pertinent to the appeal. The applicant Administrative Committee shall submit 15 copies of the appeal. B. A separate appeal form shall be submitted for each exaction requirement for which relief is soughtregularly review appeals by Claimants. The City Secretary Administrative Committee shall forward the act upon each appeal to the City Council for consideration. C. The applicant may request postponement within 60 days after receipt thereof unless special circumstances require an extension of consideration of the applicant’s plat application by the City Council pending preparation of the study required by subsection (6) , in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the City Council to decide the appeal. D. No developer’s agreement may be executed by the City until the time for processing the Claimant's request for review. If such an extension of time for processing is required, written notice of the extension shall be forwarded to the Claimant prior to the commencement of the extension. In no event shall such extension exceed a period of 120 days after the request for review is received by the Administrative Committee. The Administrative Committee shall make a full and fair review of each appeal has expired orand any written materials submitted by the Claimant and/or the Employer in connection therewith. The Administrative Committee may require the Claimant and/or the Employer to submit such additional facts, if an appeal is fileddocuments or other evidence as the Administrative Committee in its discretion deems necessary or advisable in making its review. The Claimant shall be given the opportunity to review pertinent documents or materials upon submission of a written request to the Administrative Committee, until provided the City Council has made a determination with respect Administrative Committee finds the requested documents or materials are pertinent to the appeal. E. The appeal . On the basis of its review, the Administrative Committee shall state the reasons that application make an independent determination of the exaction requirement is not roughly proportional to Claimant's eligibility for benefits under the nature and extent Plan. The decision of the impact created by the proposed subdivision or development Administrative Committee on the City’s public facilities systems and does not reasonably benefit the proposed subdivision or development. F. The appellant shall submit to the City Engineer 15 copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: 1. total capacity of the City’s water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also any claim for benefits shall be provided for final and conclusive upon all parties thereto. It is intended that the entire development, including any phases already developed; 2. total capacity to claims procedure of this Plan be supplied to the City’s public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed on the development; 3. comparison of the capacity of the applicable City public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the City’s public facilities systems from the entire subdivision or development shall be considered; 4. the amount of any City participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant administered in accordance with the City’s requirements; 5. comparison claims procedure regulations of the minimum size and capacity required by City standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and 6. any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the CityDepartment of Labor set forth in 29 CFR Section 2560.503-1. G. The City Engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the City Engineer’s analysis of the information contained in the study and utilizing the same factors considered by the Engineer in making the original proportionality determination.