§ 17-11-205. Computation of fees – Independent impact analysis.

   (a)   When allowed. An independent impact analysis shall be used to compute the development impact fee if:

      (1)   the Planning and Zoning Officer determines that there is not a comparable land use type for the development under § 17-11-204;

      (2)   the Planning and Zoning Officer requires it when the location, intensity, or unusual nature of the use indicates that the impacts on public school, transportation, or public safety facilities would be substantially higher than the impacts assumed for purposes of the fee schedule in § 17-11-204; or

      (3)   the feepayer chooses to use an independent impact analysis.

   (b)   Feepayer responsibility for preparation of draft. The feepayer shall be responsible for the preparation of the draft independent impact analysis and the Planning and Zoning Officer shall accept, reject, or modify the draft analysis.

   (c)   Document preparation. The person who prepares the draft independent impact analysis shall be approved by the Planning and Zoning Officer on the basis of professional training and experience in preparation of development impact analyses. The independent impact analysis shall follow standard methodologies and format and be approved by the Planning and Zoning Officer. Prior to submission of the draft independent impact analysis, the feepayer shall meet with the Planning and Zoning Officer to review the requirements for the preparation of a draft independent impact analysis.

   (d)   Formulas and methodologies. In addition to the methodologies approved by the Planning and Zoning Officer, the following formulas shall be used to determine the development impact fee for schools, transportation, and public safety unless the fee payer provides substantial competent evidence that an alternative formula or methodology should be used:

      (1)   School Fee = SU x (C-SCG)

Where:

   SU   =   Student per unit
   C   =   Capital cost per student station
   SCG   =   State capital grant per student station

      (2)   Transportation Fee = (ATL x TR x NT x Cost) - MFC/LC x 2

Where:

   ATL   =   Average trip length
   TR   =   Daily trip generation rate
   NT   =   Percentage of new trips
   LC   =   Lane capacity at level of service D
   Cost   =   Per-lane mile construction and right-of-way cost
   MFC   =   Motor fuel credit

      (3)   Public Safety Fee = FP x TCI - (PTC + FTC)/PP

Where:

   FP   =   Functional population per land use type (the measure of demand for services based on the allocation of Anne Arundel County population among residential and nonresidential land uses)

   TCI   =   Total public safety capital improvement value

   PP   =   Peak population (which equals permanent residents, seasonal population, and transient population)

   PTC   =   Credit amount for past tax payments

   FTC   =   Credit amount for future tax payments

(1985 Code, Art. 24, § 7-105) (Bill No. 50-87; Bill No. 96-01)