(A) If an applicant believes that the impact to the fire-rescue facilities, general government buildings, law enforcement facilities, parks and recreation facilities, or Multi-Modal Transportation System facilities caused by the applicant’s proposed capital improvement impact project is less than the fees established in § 38.102 or § 38.106, the applicant may, at his or her own expense, prior to the issuance of a building permit for such capital improvement impact project, submit a calculation of an alternative impact fee to the Director pursuant to the provisions of this section. The Director shall make a determination within 10 business days of submittal, or as otherwise required by law, as to whether that calculation complies with the requirements of this section.
(B) For purposes of any alternative impact fee calculation, the capital improvement impact project shall be presumed to have the maximum impact on the Capital Improvement System for the land use category contemplated under the impact fee rate.
(C) If an applicant decides to perform an alternative impact fee study, the methodology for such study shall be approved by the Director, based on the methodology adopted by the City Commission in the Impact Fee Study, before the applicant begins the study. Through an alternative impact fee study, an applicant may calculate the demand component for a proposed development that is different than that described in the Impact Fee Study. However, the cost and credit components for the alternative impact fee shall be those included in the Impact Fee Study, adjusting for any indexing applied under § 38.110 or adjustments made by the City Commission to the fees calculated in the Impact Fee Study.
(D) An application for an alternative impact fee shall include the following information:
(1) For multi-modal transportation fees:
(a) Trip generation rates for the proposed development, consistent with the Impact Fee Study, based on local empirical surveys for the same types of developments; and
(b) Percent new trips and total trip length, consistent with the Impact Fee Study, generated from the proposed development onto the City’s Multi-Modal Transportation System, based upon local empirical surveys of same types of developments.
(2) For fire-rescue facilities, general governmental buildings, law enforcement facilities, and parks and recreation facilities impact fees:
(a) Public facility demand for the proposed development, based on local empirical surveys for the same types of developments; and
(b) Estimated population based upon local empirical surveys of same types of developments.
(E) The alternative impact fee calculations shall be based on data, information or assumptions contained in this subdivision or independent sources, provided that:
(1) The independent source is a City accepted source of engineering or planning information; or
(2) The independent source is a local study supported by a database adequate for the conclusions contained in that study, performed by a professional engineer or planner, pursuant to a generally accepted methodology of planning or engineering; or
(3) If an applicant for a previously approved capital improvement impact project submitted a traffic impact study during a City approval process that is substantially consistent with the criteria required by this subsection, and if that study is determined by the Director to be current, the impact of that previously approved project shall be presumed for the proposed project to be as described in the prior study. In such circumstances, an alternative impact fee shall be established reflecting the capital improvement impacts described in the prior study.
(4) It is acknowledged that the multi-modal transportation impact fee rates are based upon the applicable trip generation rates for the land use set forth in the multi-modal transportation impact fee rate schedule. In recognition of such acknowledgment, the trip generation rate for the land use categories shall be considered an independent source for the purposes of the calculation of an alternative impact fee calculation without the necessity of a study as required by division (E)(2) above.
(G) If the Director determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fee do not comply with the requirements of this section, then the City shall provide to the applicant, by certified mail, return receipt requested, written notification of the rejection of the alternative citywide impact fee, and the reasons therefor.
(Ord. O-2022-18, passed 9-21-22)