Sec. 21-306. - Fee adjustments.

(a)

A developer of any project, or a subdivider of any land, subject to the payment of fees pursuant to this ordinance may appeal to the board of supervisors for a reduction, adjustment, or waiver of any park and recreational facility development impact fee(s) based upon the absence of any reasonable relationship or nexus between the park and recreational impacts of the project or subdivision and either the amount of the fee(s) charged or the type of park and recreational 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 park director within fifteen calendar days following determination of the fee amount.

(b)

The park director 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. 4341, § 1)

Sec. 21-307. - Fee reduction for beneficial projects.

(a)

The board of supervisors may establish by resolution categories of "beneficial projects" which are eligible for fee reductions or waivers. The resolution will establish administrative procedures for granting fee reductions or waivers.

(b)

Any reduction or waiver of commercial and industrial park and recreational facility development impact fees must be accompanied by a finding of availability of substitute funds to assure that the park and recreational facilities can be constructed.

(c)

Any commercial and industrial park and recreational facility development impact fee reduction or waiver granted as a result of a fee reduction policy shall apply only to the permit being sought and the original specified land use. Any new permit and/or change in land use shall be subject to reevaluation by the county and may result in the imposition of fees previously reduced or waived.

(Ord. No. 4341, § 1; Ord. No. 4364, § 2)