7.11.20 Relief Procedures
(A) The developer or
owner of property for
which a development fee
is owed may appeal the assessment of a fee under this chapter to the Town Council.
After a hearing, of which the Town Council
shall give public notice in accordance with Section
7.11.21, Hearings, below, the Town Council
shall take one of the following actions:
(1) If the Town Council
finds that there has been an error by the Town in
assessing the fee, then the Town Council
shall correct the error;
(2) The Town Council
may grant a variance or
waiver from the requirements of this chapter, but only upon finding that
a strict application of such requirement would result in confiscation of
the property,
taken as a whole;
(3) Unless the Town Council
makes one of the findings set forth in subsection (1) or (2) above, the Town Council
shall confirm the fee assessed.
(B) The Town Council
may, upon recommendation of the Town Manager,
waive the fee for a project of public interest, where the Town Council
finds that such waiver is in the best interest of the Town.
(C) If the Town Council
grants such a variance or
waiver to the amount of the development fee
due for new
construction, it shall cause to be appropriated from other Town funds
the amount of the reduction in the development fee
to the benefit
district account in which the property is
located.
Cary, NC Land Development Ordinance On-line VIC Version - This site last
updated 3/4/2008
Note: This is not the official version of the Cary Land Development
Ordinance
