(A) General.
(1) The impact fee shall be computed by the use of an individual assessment of fiscal impact if:
(a) The type of land development being commenced is not one of those types listed on the fee schedule in § 171.05(C); or
(b) The feepayer chooses to have the amount of the fee determined by the use of an individual assessment of fiscal impact; or
(c) The city staff's analysis of the proposed land development activity concludes that the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more to remediate than the amount of the fee that would be generated by the use of the fee schedule.
(2) The developer shall be responsible for preparation of the individual assessment of fiscal impact if the developer chooses to conduct the analysis. The City Manager shall be responsible for preparation of the individual assessment of fiscal impact if the type of land development being proposed is interpreted not to be one of those types listed in the fee schedule or analysis of the proposed land development activity concludes that the nature, timing or location of the proposed development make it likely to generate impacts costing substantially more than the amount of the fee generated by the use of the fee schedule. The person who prepares the individual assessment of fiscal impact shall be a qualified professional in the preparation of impact analysis, and shall be approved by the City Manager on the basis of professional training and experience. If the City Manager is responsible for preparation of the assessment, the City Manager may request the developer to prepare the individual assessment of fiscal impact, and credit the cost for such preparation against the impact fee.
(B) The park component. The individual assessment of fiscal impact for the park component shall determine if the proposed land development activity is designed or located so that the occupants of the development will use capital park facilities less than that projected in the park component.
(C) The police component. The individual assessment of fiscal impact for the police component shall determine if the proposed land development activity is designed or located so that the development will not demand the use of capital police facilities from that projected in the police component.
(D) The fire component. The individual assessment of fiscal impact for the fire component shall determine if the proposed land development activity is designed or located so that the development will not demand the use of capital fire facilities other than that projected in the fire component.
(E) Procedure for review of application for assessment of fiscal impact.
(1) An individual assessment of fiscal impact shall be undertaken through the submission of an application of assessment of fiscal impact for the facility component for which an assessment is requested. A developer may submit such an application at his discretion. The city shall submit such an application for any proposed land development activity interpreted as not one of those types listed on the fee schedule, and for any proposed land development activity for which it concludes the nature, timing, or location of the proposed development make it likely to generate impacts costing substantially more to remediate than the amount of the fee that would be generated by the use of the fee schedule.
(2) Within twenty (20) days of receipt of an application of assessment of fiscal impact, the City Manager shall determine if the application is complete. If the City Manager determines that the application is not complete, a written statement specifying the deficiencies shall be mailed to the person submitting the application. The application shall be deemed complete if no deficiencies are specified. The City Manager shall take no further action on the application until it is deemed complete.
(3) When the City Manager determines the application is complete, a written decision shall be rendered in thirty (30) days on whether the fee should be modified, and if so, what the amount should he.
(4) If on the basis of generally recognized principles of impact analysis it is determined the data, information and assumptions used by the applicant to calculate the assessment of fiscal impact for either the park, police or fire component satisfies the requirements of this section, the fee determined in the assessment of fiscal impact shall be deemed the fee due and owing for the proposed land development activity. The adjustment shall be set forth in a fee agreement which shall be entered into pursuant to § 171.05(B).
(F) Appeal of decision on application of assessment of fiscal impact. Any person may appeal the City Manager's decision on the applicant's application for assessment of fiscal impact, or on an application for assessment of fiscal impact initiated by the city staff on any proposed land development activity, by filing a petition with the City Council. In reviewing the City Manager's decision, the City Council shall make written findings of fact and conclusions of law and use the standards established in divisions (B) through (D) above, whichever is applicable.
('74 Code, § 8-221) (Ord. 89-03, passed 3-3-89)