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Fees collected must be used exclusively to fund projects (or work) necessitated by new <br />development. <br /> <br />A city cannot charge more for employee time than the cost of delivering services. Amounts <br />charged can include the cost of employee wages and benefits. The law is not clear yet, <br />however, on whether c/ties can charge ;'overhead" costs for employee services. <br /> <br />Fees are an area rii'e with potential for conflict. The best way to avoid problems is to plan for <br />them. Have your city, attorney review any development tees your city, has in place now, and <br />guide you through the process of establishing fees in the furore. <br /> <br />Problem #3: Ignoring the Warning Signs <br />Wisdom incIudes both the ability co see the warning signs around us as well as the habit of <br />heeding their message.-Chest pains and shortness of breath do not mean that a heart attack is <br />inevitable. But those with even the barest amount of sense and survival instinct will understand <br />the message and promptly seek care. Development has its own set of litigation warning signs. <br />These signs are not necessarily the things that cause lawsuits, but rather they are conditions that <br />often appear before litigation strikes. Recognizing them and responding appropriately are keys to <br />legal survival in the development process. <br /> <br />._O..pposition to a project. Strong opposition signals potential problems. If the project is <br />approved, those opposed may strike up a la;vsuit, ff the project is not approved, the <br />proponent may sue claiming that politics, rather than the law and facts, drove the council's <br />decision. <br /> <br />Project-specific economics. As the economic stakes increase, so is the likelihood that <br />developers will be willing to pay tbr litigation in order to secure approval for projects. <br />Money does not create these lawsuits, but from the developer's perspective, money can make <br />pursing them worthwhile. <br /> <br />Projects backed bv oraanized advocacy. Proposals to build halJ:~ay houses and low-income <br />housing are sometimes met with strong opposition. But these projects may also enjoy the <br />strong support oi'organized advocacy groups that have the war chests to push the issues in <br />COUF[, <br /> <br />The city knows best. Watch out for projects where the city., eithor through initiative or city. <br />denials, is acting to futxher a city. purpose that may be inconsistent with how a landowner <br />thinks his' or her prope:%/should be used. <br /> <br />Environmental. adult use and religious ~.~se. Each of these three categories is surrounded by a <br />special set of laws that hnpact the regulatory authori ,fy of local governments. Development <br />projects can be killed or seriously delayed by concerns over their impact on the environment. <br />The proponents o~' adult and religious ~_tses both enjoy the protections under the First <br />Amendment. <br /> <br />-3- <br /> <br />62 <br /> <br /> <br />