§ 24-65. Alternative fire rescue impact fee calculation.

(a)

In the event an applicant believes that the impact to the fire rescue system caused by capital facilities impact construction is less than the impact established under the applicable fire rescue impact fee land use category specified in the fire rescue impact fee study and the fees imposed in accordance with section 24-63, such applicant may, prior to issuance of a building permit for such capital facilities impact construction file an alternative fire rescue 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 fire rescue impact fee calculation, the capital facilities impact construction shall be presumed to have the maximum impact on the fire rescue system for the appropriate fire rescue impact fee land use category.

(c)

The alternative fire rescue impact fee calculation shall be based on data, information or assumptions contained in this article and the fire rescue 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 fire rescue 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 fire rescue 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 fire rescue impact fee was by a generally accepted methodology, then the alternative fire rescue impact fee shall be paid in lieu of the fees imposed in accordance with section 24-63.

(e)

If the impact fee coordinator determines that the data, information and assumptions utilized by the applicant to compute an alternative fire rescue 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 fire rescue impact fee pursuant to this section and desires the issuance of a building permit prior to the resolution of a pending alternative fire rescue impact fee shall pay the applicable fire rescue impact fee prior to or at the time said applicant desires the building permit. 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 fire rescue impact fee after resolution of the pending alternative fire rescue impact fee shall be refunded to the applicant or owner.

(Ord. No. 2017-96, § 8, 12-11-17)