(1) The determination of the Director or designee regarding the applicability of an impact fee to a given development activity within the service area shall be final; however, a fee payer may pay an impact fee imposed pursuant to this title under protest in order to obtain a permit and, after such payment, file an appeal regarding the amount of the impact fee or a determination made pursuant to this title to the Hearing Examiner pursuant to the procedures for Type 2 decisions under Chapter 14.45 CMC.

(2) Appeals regarding the amount of the impact fee imposed on any development activity may only be filed by the applicant of the development activity, pursuant to Chapter 14.45 CMC.

(3) In addition to specific appeal procedures outlined in this title, any decision made by the Department in the course of administering this title may be appealed in accordance with the procedures for appealing the underlying permit and shall not be required to pursue a separate appeal process. This shall include the requirement to pay impact fees. (Ord. 16-16 § 1 (Exh. A))