§ 58-203. Review.

(a)

As part of its annual capital improvement program process, or as part of any other planning process which causes the county to evaluate development potential in any area, the county may review the development potential of any area within the county, whether it be a previously designated service area or not, or the county as a whole. Based on such review of development potential, the county may adjust boundaries of service areas or create new service areas.

(b)

As part of its annual capital improvement program process, or as part of any other planning process which causes the county to evaluate development potential in any area, the county may review capital facilities plans in service areas and modify such plans as a result of development occurring in the previous year and/or requests for permission to develop, e.g. applications for rezoning, applications for land disturbance permits, and applications for building permits. Plans may also be modified as a result of:

(1)

Capital facilities actually constructed.

(2)

Changes in capital facility needs and/or standards.

(3)

Revised cost estimates for capital facilities.

(4)

Changes in availability of other funds applicable to public facility projects.

(5)

Other relevant factors.

(c)

As a result of modifications to service area boundaries and/or capital facilities plans, the county may modify development impact fee schedules, as appropriate, and adopt such revised schedules through official action of the board of commissioners.

(d)

As part of its annual comprehensive plan review process, or as part of any other planning process which causes the county to evaluate the housing market, the county may revise the provisions specified in section 58-178.

(e)

Failure of the county to undertake such a review shall result in the continued use and application of the existing fee schedule and other data. The failure to review such structure shall not invalidate this article.

(94-RM-121, pt. 1, art. XIV, §§ 1—5, 5-18-94)