A. Initial Determination of Potential Extraordinary Impact. If the City determines that an Extraordinary Impact exists, the City will notify the Applicant and submit the application, along with the City’s determination, to KCEMSS within seven (7) days after making its determination. KCEMSS must then review the application and determine whether the Development will create an Extraordinary Impact for KCEMSS. Unless the Applicant agrees to a longer time, KCEMSS must notify the Applicant and the City within thirty (30) days after KCEMSS’s receipt of the application whether KCEMSS believes that the Development creates an Extraordinary Impact.
B. Establishment of Impact Fee if No Extraordinary Impact. If KCEMSS does not believe that the Development creates Extraordinary Impact, or if KCEMSS does not respond within the time allowed, the City will assess the KCEMSS Impact Fees calculated in accordance with the adopted fee schedule. If KCEMSS believes that the Development creates an Extraordinary Impact, KCEMSS must include in its notice a statement that the potential impacts of such Development Approval on System Improvements are not adequately addressed by the Capital Improvements Plan, and that a supplemental study, at the Applicant’s expense, will be required.
C. Meeting with Applicant. Within thirty (30) days after KCEMSS’s notice to the City and the Applicant that the Development application may create an Extraordinary Impact, KCEMSS must meet with the Applicant to discuss whether the Applicant wants to:
1. Pay for the supplemental study necessary to determine the System Improvements Costs related to the proposed Development Approval;
2. Modify the proposal to avoid generating Extraordinary Impact; or
3. Withdraw the application.
D. Additional Study. If the Applicant agrees to pay for a supplemental study required to document the proposed Development Approval’s Proportionate Share of System Improvements Costs, then KCEMSS and the Applicant will jointly select a consultant to perform the study. The Applicant must agree to enter into a written agreement with the consultant to pay the costs of the study. The agreement must require that the supplemental study be completed within thirty (30) days from the date the agreement is executed unless the Applicant agrees to a longer time.
E. Results of Study. Once the study is completed, the Applicant may choose to:
1. Pay the Proportionate Share of System Improvements Costs documented by the supplemental study;
2. Modify the proposed Development to reduce such costs; or
3. Withdraw the application.
If the Applicant agrees to pay the System Improvements Costs documented in the supplemental study, the Applicant and KCEMSS will provide the City a signed written agreement indicating that both parties accept results of the supplemental study and agree to the amount of the KCEMSS Impact Fees to be assessed.
F. No Building Permit or other equivalent City approval shall be issued for Development unless the required impact fee is paid. (Ord. 3723, 1-2-2024: Ord. 3717, 6-6-2023)