A. In the event the City makes an initial determination that development may impose extraordinary impact, the City shall provide the City’s initial determination to the Districts’ administrators. The Districts’ administrators shall then review and determine whether or not the development application will impose extraordinary impact.
B. If the Districts’ administrators determine that a proposed development generates extraordinary impact that will result in extraordinary systems improvements costs, the Districts’ administrators will notify the fee payer and the City of such Fire and/or EMS impact fee determination within thirty (30) days after District administrators’ receipt from the fee payer of the development application and/or the receipt from the City and of the City’s initial determination. Such notice shall include a statement that the potential impacts of such development on system improvements are not adequately addressed by the capital improvements plan, and that a supplemental study, at the fee payer’s expense will be required.
C. Circumstances that may lead to a determination of extraordinary impact include, but are not limited to:
1. An indication the assumptions used in the capital improvements plan underestimate the level of activity or impact on District capital facilities from the proposed development or activity.
D. Within thirty (30) days following the designation of a development with extraordinary impact, by the District(s), the Districts’ administrators shall meet with the fee payer to discuss whether the fee payer wants to:
1. Pay for the supplemental study necessary to determine the system improvements costs related to the proposed development;
2. Modify the proposal to avoid generating extraordinary impact; or
3. Withdraw the application for certification, building permit or development approval.
E. If the fee payer agrees to pay for the supplemental study required to document the proposed development’s proportionate share of system improvements costs, then the Districts and the fee payer shall jointly select an individual or organization acceptable to both to perform such study. The fee payer shall enter into a written agreement with such individual or organization to pay the costs of such study. Such agreement shall require the supplemental study to be completed within thirty (30) days of such written agreement, unless the fee payer agrees to a longer time.
F. Once the study has been completed, the fee payer may choose to:
1. Pay the proportionate share of system improvements costs documented by the supplemental study; or
2. Modify the proposed development to reduce such costs; or
3. Withdraw the application.
If the fee payer agrees to pay the system improvements costs documented in the supplemental study, that agreement shall be reduced to writing between the Districts and the fee payer prior to review and consideration of any application for any development approval or building permit related to the proposed development.
G. Notwithstanding any agreement by the fee payer to pay the proportionate share of system improvements costs documented by the supplemental study, nothing in this ordinance shall obligate the City to approve development that results in an extraordinary impact to the Districts. (Ord. 637, 8-23-2022)