§ 26-98-790. Fee adjustments.

(a)

A developer of any project subject to the fee established by Sections 26-98-700 through 26-98-790, inclusive, may apply to the director of the permit and resource management department for a reduction or adjustment to that fee, or a waiver of that fee, based upon: (1) the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

The application shall be made in writing and filed with the director of the permit and resource management department not later than: twenty (20) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The director of the permit and resource management department in consultation with the director of the department of transportation and public works shall consider the application and render a decision. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(b)

In addition to the foregoing, a developer of any project subject to the fee established by Sections 26-98-700 through 26-98-790, inclusive, may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, otherwise due in the following case:

(1)

Situations where the board of supervisors determines that the project development is a project eligible for direct county funding consideration and, in lieu of such funding, the board elects to waive or reduce the fee in an amount determined appropriate by the board in its sole discretion.

Any such application shall be made in writing and filed with the clerk to the board of supervisors not later than: ten (10) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The board of supervisors shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the board of supervisors shall be final. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 5012 § 9, 1997: Ord. No. 4817, 1994.)