§ 17-179. Alternative park impact fee.

(a)

In the event an applicant believes that the impact to the county park system caused by the residential construction is less than the impact established in the park impact fee study and the fees imposed pursuant to section 17-176 hereof, such applicant may, prior to issuance of a certificate of occupancy for such residential construction, file an alternative park impact fee study with the impact fee coordinator. The impact fee coordinator shall review the alternative calculations and make a determination within thirty (30) days of submittal as to whether such calculations comply with the requirements of this section.

(b)

For purposes of any alternative park impact fee calculation, the residential construction shall be presumed to have the maximum impact on the county park system.

(c)

The alternative park impact fee calculation shall be based on data, information or assumptions contained in this division and the park impact fee study or independent sources, provided that:

(1)

The independent source is a generally accepted standard source of planning information and cost impact analysis performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the park impact fee study; or

(2)

The independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the park impact fee study.

(d)

If the impact fee coordinator determines that the data, information and assumptions utilized by the applicant comply with the requirements of this section and that the calculation of the alternative park impact fee was by a generally accepted methodology that is consistent with the park impact fee study, then the alternative park impact fee shall be paid in lieu of the fees adopted pursuant to section 17-176 hereof.

(e)

If the impact fee coordinator determines that the data, information and assumptions utilized by the applicant to compute an alternative park impact fee do not comply with the requirements of this section, then the impact fee coordinator shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore.

(f)

An applicant who submits a proposed alternative park impact fee pursuant to this section and desires the issuance of a certificate of occupancy prior to the resolution of a pending alternative park impact fee shall pay the applicable park impact fee prior to or at the time said applicant desires the certificate of occupancy. Said payment shall be deemed paid "under protest" and shall not be construed a waiver of any rights. Any difference in the amount of the park impact fee after resolution of the pending alternative park impact fee shall be refunded to the applicant or owner.

(Ord. No. 06-10, § 2.04, 6-26-06)