§ 24-41. Alternative educational system impact fee calculation.

(a)

In the event an applicant believes that the impact to the educational system necessitated by residential construction is less than the educational system impact fee provided for in section 24-39, such applicant may, prior to issuance of a building permit for such residential construction, submit a calculation of an alternative educational system impact fee.

(b)

The alternative educational system impact fee calculations shall be calculated for that land use type analyzed on a countywide basis and based on data, information or assumptions contained in this chapter and the educational system impact fee study, or an independent source, provided that:

(1)

The independent source is a generally accepted standard source of demographic and education planning; or

(2)

The independent source is a local study supported by a data base adequate for the conclusion contained in such study and performed pursuant to a generally accepted methodology of education planning.

(3)

If a previous residential construction project has submitted a local study consistent with the criteria required herein, and if such study is determined by the county, after consultation with the superintendent and the city or cities wherein the residential construction is located to be current, the impact upon the educational system as described in such prior local study shall be presumed to exist for other similar residential construction. In such circumstances, the alternative educational system impact fee shall be established to reflect the impact upon the educational system as described in the prior local study. There shall be a rebuttable presumption that an alternative impact fee study conducted more than three (3) years earlier is invalid.

(c)

For purposes of any alternative educational system impact fee calculation, the residential construction shall be presumed to have the maximum impact on the county educational system. However, the calculation may be based on a consideration that the permanent physical characteristics or limitations of the dwelling units within the residential construction will generate fewer students initially and during their useful life than the student generation assumptions used in the impact fee study.

(d)

The proposed alternative educational system impact fee and support documentation shall be submitted to the superintendent who shall review the calculation and provide a preliminary written determination to the applicant within sixty (60) calendar days of submittal as to whether such calculation complies with the requirements of this section.

(e)

If the Superintendent determines that the data, information and assumptions utilized by the applicant to calculate the alternative educational system impact fee complied with the requirements of this section and that the calculation of the alternative educational system impact fee was by a generally accepted methodology, then the alternative educational system impact fee shall be paid in lieu of the educational system impact fee provided for in section 24-39. The applicant shall present the written determination approving the alternative educational system impact fee at the time of payment of the educational system impact fee. Copies of the written determination shall be provided to the governing entity which would issue the subject building permit.

(f)

If the superintendent determines that the data, information and assumptions utilized by the applicant to calculate the alternative educational system impact fee do not comply with the requirements of this section or that the calculation of the alternative educational system impact fee is not by a generally accepted methodology, then the alternative educational system impact fee shall be rejected. Such rejection shall be in writing and set forth the reasons therefor and shall be provided to the applicant by certified mail. The applicant shall have thirty (30) calendar days from the receipt of written notification of rejection to request a hearing pursuant to section 24-8.

(g)

Any applicant or owner who submits a proposed alternative educational system impact fee pursuant to this section and desires the immediate issuance of a building permit shall pay, prior to the issuance of the building permit, the applicable educational system impact fee pursuant to section 24-39. Such payment shall be paid to the county or cities that issue the subject building permit and shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the school board, shall be refunded to the applicant or owner. The county, cities or school board shall not pay interest on the funds paid under protest and subsequently refunded unless interest has been earned on such funds.

(Ord. No. 2010-11, § 2, 8-16-10; Ord. No. 2015-26, § 2, 4-20-15; Ord. No. 2018-21, § 2, 3-12-18)