A developer of any project, or a subdivider of any land, subject to the payment of
fees pursuant to this chapter may appeal to the board of supervisors for a reduction,
adjustment, or waiver of any transportation impact mitigation program fee based upon
the absence of any reasonable relationship or nexus between the transportation impacts
of the project or subdivision and either the amount of the fee(s) charged or the type
of transportation or transit facilities to be financed. The appeal shall be made in
writing, shall state the factual basis for the claim of reduction, adjustment or waiver,
and shall be submitted to the director of public works within fifteen calendar days
following the determination of the fee amount.
(b)
The director of public works shall review the appeal, develop recommended actions
to be taken by the board of supervisors, and submit both the appeal and recommended
actions to the board of supervisors for their consideration at a public hearing to
be conducted within sixty days after the filing of the appeal. The decision of the
board of supervisors shall be final. If a reduction adjustment or waiver is granted,
any change in use from the project as approved shall invalidate the waiver, adjustment
or reduction of the fee.
(Ord. No. 4270)
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