§ 8.7-13. Alternative impact fee calculation.

A.

In the event an applicant believes that the impact to the capital facilities necessitated by the capital facilities impact construction is less than the impact established by this chapter, such applicant may, prior to impact fee payment date pursuant to section 8.7-11 for such capital facilities impact construction, submit a calculation of an alternative impact fee to the county manager pursuant to the provisions of this section. The county manager shall review the calculations and make a determination within ten (10) business days of submittal as to whether such calculation complies with the requirements of this section.

B.

At the time applicant submits the above-referenced calculation to the county manager, such applicant shall also submit an administrative review fee in the amount of five hundred dollars ($500.00) for review of the transportation impact fee and two hundred fifty dollars ($250.00) each for other impact fees, with a maximum administrative review fee of one thousand dollars ($1,000.00). Churches, institutions and nonprofit organizations shall be exempt from the administrative review fee requirement.

C.

For purposes of any alternative impact fee calculation, the capital facilities impact construction shall be presumed to have the maximum impact on the applicable capital facilities.

D.

The alternative impact fee calculations shall be based on data, information or assumptions contained in this chapter, the impact fee study or independent sources, provided that:

1.

The independent source is a generally accepted standard source of planning information and cost impact analysis performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the impact fee study;

2.

The independent source is a local study supported by a database adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the impact fee study; or

3.

The independent source is based upon recent available data from the trip generation report by the institute of transportation engineers (ITE) for the land use category in question.

E.

There shall be a rebuttable presumption that an alternative impact fee study conducted more than two (2) years earlier is invalid.

F.

If the county manager determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fees comply with the requirements of this section, the alternative impact fees shall be paid in lieu of the fees adopted herein.

G.

If the county manager determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fees do not comply with the requirements of this section, then the county manager shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection of the alternative impact fees and the reason therefor.

(Ord. No. 18-048, § II(2.03), 7-24-18)