§ 8.5-42. Alternative impact fee calculation.

(a)

In the event an applicant believes that the impact to the city fire rescue system or the city police system necessitated by the impact construction is less than the impact established under the applicable impact fee land use category specified in section 8.5-61 and section 8.5-71, as applicable, such applicant may, prior to issuance of a building permit for such impact construction, file with the city community development director an alternative fire impact fee or alternative police impact fee. The city community development director shall review the alternative calculations and make a determination within thirty (30) days of submittal as to whether such calculations comply with the requirements of this section.

(b)

For purposes of any alternative fire impact fee calculation or alternative police impact fee calculation, the impact construction shall be presumed to have the maximum impact on the city fire rescue system and city police system for the impact fee land use category.

(c)

The alternative fire impact fee and alternative police impact fee calculations shall be based on data, information or assumptions contained in this article and the impact fee studies 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; or

(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.

(d)

If the city community development director determines that the data, information and assumptions utilized by the applicant comply with the requirements of this section and that the calculation of the alternative fire impact fee and alternative police impact fee was by a generally accepted methodology, then the alternative fire impact fee or alternative police impact fee shall be paid in lieu of the fees adopted in section 8.5-61 or section 8.5-71, as applicable.

(e)

If the city community development director determines that the data, information and assumptions utilized by the applicant to compute an alternative fire impact fee or alternative police impact fee do not comply with the requirements of this section, then the city community development director shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore. The applicant shall have thirty (30) days from the receipt of the written notification of rejection to request a hearing pursuant to section 8.5-47.

(Ord. No. 04-20, § 2.02, 7-27-04)