21.17.030 Requests to Modify or Rescind Requirements.
A. Requests to Modify or Rescind Requirements.
1. An applicant may request that the decision maker modify or rescind a required improvement, dedication, or transfer if the requirement does not meet all of the provisions of RZC 21.17.010.B.2.
2. The applicant shall explain what condition justifies the modification or rescission. The request shall be made in writing and be made no later than the end of the appeal period for the approval that imposes the required improvement, dedication, or transfer.
3. The decision maker shall adopt written findings and conclusions documenting its decision to approve or deny the request. The findings and conclusions shall document whether (i) the development contributes to the need for the required improvement or dedication and (ii) the required improvement or dedication is roughly proportional to the impact from the development. The decision maker shall consider whether credits, latecomer’s fees, or other measures can be used to modify the required improvement, dedication, or transfer so that it is roughly proportional to the impact from the development.
4. As a condition of approving an exception, the decision maker may require:
a. Those dedications or improvements necessary to mitigate the impacts of the development; and
b. The applicant to furnish and implement an interim improvement plan to mitigate the impacts of the development. Any interim improvement plan may include a covenant consenting to formation of a local improvement district and a plan for the installation of improvements that will bring the facility up to the adopted level of service standards. Any requirement to prepare an interim plan shall be proportionate to the scale of the proposed development. (Ord. 2662)