§ 23-765. Alternative impact fee calculation.

a. In the event an applicant believes that the impact to the public facilities necessitated by a public facilities impact construction is less than the fees established by this division, such applicant may, prior to issuance of a building permit for such public facilities impact construction, submit a calculation of an alternative impact fee to the city manager pursuant to the provisions of this section. The city 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. The alternative impact fee calculations shall be based on data, information or assumptions contained in this division, 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 studies;

2. The independent source is a local study supported by a data base 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 studies; 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.

c. If a previously approved public facilities impact construction project submitted, during its approval process, an alternative impact fee study substantially consistent with the criteria required by this section, and if such study is determined by the city manager to be current, the impact upon the public facilities as determined by such previously approved public facilities impact construction shall be presumed to be as described in the prior study. There shall be a rebuttable presumption that an alternative impact fee study conducted more than twelve (12) months earlier is invalid.

d. If the city 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 fees shall be paid in lieu of the fees established by this division.

e. If the city 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 city shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection of the alternative fees and the reason therefor. The applicant shall have fifteen (15) calendar days from receipt of the written notification of rejection to request a hearing pursuant to section 23-772

(Ord. No. 2006-04, § 1, 2-21-2006; Ord. No. 2022-38, § 1, 8-16-22)