In an effort to more uniformly apply and calculate municipal fees, the town manager (or designee) is authorized to adjust or waive town fees as provided in this chapter.
(Ord. 197 § 1, 2001)
In the event an applicant requests reconsideration of the application or calculation of a fee, the town manager shall confer with the applicant to determine the merit of the claim. The request for reconsideration must be in writing and submitted and resolved before engaging in the activity the fee is charged for. The request must specify what fee is at issue, explain why the particular application or calculation is not warranted given the purpose of the fee, and be signed and dated.
(Ord. 197 § 1, 2001)
If, after conferring with the applicant and staff, the manager finds that it is objectively impossible to conclude that the application or calculation of a particular fee is warranted (e.g., the proposed construction will not cause additional traffic and the purpose of the subject fee is to mitigate traffic congestion caused by proposed construction) then the manager may adjust or waive the fee accordingly. The manager may condition such adjustment or waiver on future payment of the entire fee amount, at such time as the manager determines, after conferring with the applicant and staff, that the justification for the adjustment or waiver no longer exists.
(Ord. 197 § 1, 2001)
Before adjusting or waiving a fee, however, the manager shall make written findings supported by substantial evidence in the record, explaining the basis upon which the adjustment or waiver is justified. The manager shall include these findings in a report to the town attorney, which explains both the basis for the manager's conclusions and actions, and any suggested changes to the fee ordinance or resolution, that will prevent the need for a similar adjustment or waiver in the future. The town attorney shall determine whether to propose an amendment to the fee ordinance or resolution for council consideration.
(Ord. 197 § 1, 2001)
The town manager shall immediately notify the town council of any decision to waive or adjust a fee, and the manager's decision may be appealed to the town council within ten days thereafter, by any interested party including a council member. If an appeal is filed, the applicant shall be given written notice of the hearing date and time. The notice shall also state that the applicant will be afforded an opportunity to be heard by the town council at that time.
(Ord. 197 § 1, 2001)
Town council's action shall be final when it has adopted a written resolution containing findings explaining the basis for its decision, which findings shall be based on substantial evidence in the record.
(Ord. 197 § 1, 2001)