(A) The developer or owner of property for which a transportation development fee is owed may appeal the assessment of the fee to the Zoning Board of Adjustment. After a quasi-judicial hearing, the Board shall take one of the following actions:
(1) If the Board finds that there has been an error by the Town in assessing the transportation development fee, then the Board shall correct the error;
(2) The Board may modify or waive the requirements of this Section 7.11, but only upon finding that a strict application of such requirement would result in confiscation of the property, taken as a whole;
(3) The Board may, upon recommendation of the Town Manager, authorize the Town to pay, on behalf of the developer, the transportation development fee for a project of public interest, where the Board finds that such is in the best interest of the Town.
(B) Unless the Zoning Board of Adjustment makes one of the findings set forth in subsection (A) above, the Board shall confirm the transportation development fee assessed.
(C) If the Zoning Board of Adjustment modifies or waives the amount of the transportation development fee, the Town shall cause to be appropriated from other Town funds the amount of the reduction in the transportation development fee.