HomeMy WebLinkAboutTC Res 1999-03-17
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RESOLUTION NO. 3323
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OFTIrnURON
ESTABLISING A POLICY TO GOVERN THE PARTIAL
AND TOTAL WAIVER OF TOWN FEES
WHEREAS, the Town of Tiburon assesses fees upon project applicants for the purpose of
recovering the administrative and processing costs of such project applications; and
WHEREAS, Section 3,01.08 of the Town's Zoning Ordinance provides that the Town
Council may waive any fees required under the Ordinance for any public, quasi-public body, district
or agency of the Federal, State, County or Municipal government; and;
WHEREAS, such fees are set by resolution of the Town Council and the Council wishes to
establish a policy governing applications for fee waivers.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon as follows:
1.
Any public, quasi-public body, district or agency of the Federal, State, County or Municipal
government may apply for a total or partial waiver of Town fees as set forth in this
Resolution.
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2. In considering a fee waiver application, the Council will consider the following factors:
A. Whether the applicant is a governmental agency, a charitable non-profit organization,
a private individual or a for profit organization, A private individual or for-profit
entity shall not be eligible for a fee waiver unless substantially all of the benefit of the
project will accrue to a charitable, non-profit organization,
B. If the applicant is a non-profit entity with the power to impose dues or fees, or
otherwise has the power to raise revenue to fund the project from project
beneficiaries, the extent to which the project will benefit residents of the Town of
Tiburon that are not subject to such power. For example, if the applicant has dues
paying members, the Council will consider waiving fees only to the extent that the
project will benefit non-member residents in the Town of Tiburon.
C, The extent to which the project will benefit the general public of the Town ofTiburon.
3. If the Council finds the applicant is eligible under Section 2.A of this Resolution, and does not
have the power to fund the project's costs by raising revenue from the project's beneficiaries,
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the Council may grant a waiver of up to 100010 of the otherwise-applicable fees, The Council
shall determine the amount of the waiver granted based on the percentage of project benefit
that will be realized by the general public of the Town of Tiburon,
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4, If the Council finds the applicant is eligible under Section 2,B of this Resolution, the Council
shall determine the amount of the waiver based on the percentage of project benefit that will
be realized by those residents of the Town that are not subject to the applicant's revenue-
raising powers. In no event shall the waiver exceed 50% of the otherwise-applicable fees,
5, This resolution shall only apply to fees imposed pursuant to the Schedule of Fees adopted by
the Town Council to recover the Town's internal processing and administrative costs. The
project applicant shall remain responsible for paying the cost of any outside consultants or
other costs incurred by the Town in connection with the processing of the project application.
Such outside costs include, without limitation, the cost of retaining plan-checkers and
environmental consultants,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on March 17, 1999, by the following vote:
AYES:
COUNCIL MEMBERS: Bach, Gram, Hennessy, Matthews, Thompson
NOES:
COUNCIL MEMBERS: None
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ABSENT:
COUNCIL MEMBERS: None
ATTE(
DIANE L.CRANE, TOWN CLERK
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