Any person whose new development is subject to the road improvement fee described
in Section 13.01.020 may appeal to the board of supervisors for a reduction or adjustment to that fee,
or a waiver of that fee, based on the absence of any reasonable relationship or nexus
between the traffic-generating impacts of that new development and either the amount
of the fee imposed or the type of road facilities or improvement to be financed by
the fee. The appeal shall be made in writing and filed with the clerk of the board
of supervisors, together with any required appeal fee: (1) not later than ten days
prior to the public hearing on the permit application for the new development project;
or (2) in the case of applications for plot plans, site plans or building permits,
at the time of making application. The appeal shall state in detail the factual basis
for the claim of waiver, reduction, or adjustment. The board of supervisors shall
consider the appeal at the public hearing on the application for the new development
permit approval, or if the hearing of said application is before a public body or
person other than the board of supervisors, the said appeal shall be considered at
a separate appeal hearing before the board of supervisors which shall be held within
sixty days after the filing of the appeal. The decision of the board of supervisors
on the appeal shall be final. If a reduction, adjustment or waiver of the fee is granted,
any change in permitted type or intensity of land use within the approved new development
project shall invalidate the waiver, adjustment, or reduction of the fee.
(Ord. 2379 § 1 (part), 1988)
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