§ 25-6-83. ACTION ON WAIVER.

(A)

Not later than the 90th day after receipt of the certification submitted under Section 25-5-82 ( Notice Of Waiver Request ), the city manager shall determine if the City can acquire the reserved right-of-way that is the subject of a waiver request.

(B)

If the City cannot acquire the property, the director shall:

(1)

release the application from the requirement to comply with the requirements of this article; or

(2)

if no application has been filed, grant the waiver request for the period of time that the City is unable to acquire the reserved right-of-way.

(C)

If the City can acquire the reserved right-of-way, the director shall deny the waiver. The director may not approve the development application for a period not to exceed six months, pending acquisition of the property. If the City has not acquired the property during the 6 month period, the director shall continue to process the application.

Source: Section 13-5-15(b); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.