A. Authorized: If the impact fee administrator believes in good faith that none of the impact fee categories or impact fee amounts set forth in the schedules in the appendices accurately describe or capture the impacts of a development activity on planned facilities, the impact fee administrator may conduct independent fee calculations. The impact fee administrator may impose alternative impact fees on a specific development activity based solely on these calculations. The alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
B. Fee Payer; Submission Of Calculation: If a fee payer opts not to have the impact fees determined according to the schedules set forth in the appendices, then the fee payer shall prepare and submit to the impact fee administrator an independent fee calculation for the development activity for which final plat, PD, site plan, or other development approval, or a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The appropriate city staff persons shall review the independent fee calculation and provide an analysis to the building official concerning whether the independent fee calculation should be accepted, rejected or accepted in part. The building official may adopt, reject or adopt in part the independent fee calculation based on the analysis prepared by appropriate city staff persons and based on the specific characteristics of the development activity, and/or principles of fairness. The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
C. Fee For Review By City Staff: Any fee payer submitting an independent fee calculation will be required to pay the city a fee to cover the cost of reviewing the independent fee calculation. The amount of the fee shall be in accordance with the city's current consolidated fee schedule.
D. Consideration By City: While there is a presumption that the calculations set forth in the city capital improvements plan are valid, the building official shall consider the documentation submitted by the fee payer and the analysis prepared by the appropriate city staff persons, but is not required to accept such documentation or analysis which the building official reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. The building official is authorized to adjust the impact fees on a case by case basis based on the independent fee calculation, the specific characteristics of the development activity, and/or principles of fairness. The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
E. Appeal Of Determination: Determinations made by the building official pursuant to this section may be administratively appealed to the city council, subject to the procedures set forth in state law and in section 14-1-16 of this chapter. (Ord. 2013-07, 5-28-2013, eff. 9-1-2013)