13-1393 Adding Chapter 53, Consolidation of Impact Fees

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C. If an applicant decides to perform an alternative impact fee study, the methodology for said study shall be approved by the City Engineer, based on the methodology adopted by the City Commission in the impact fee study, before the applicant begins the study. D. An alternative impact fee shall be calculated by use of the formula and methodologies used in the impact fee study. E. The alternative impact fee calculations shall be based on data, information or assumptions contained in this chapter or independent sources, provided that; 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 a previously approved capital improvement impact project submitted a traffic impact study during its approval process, which is substantially consistent with the criteria required by this Section, and if that study is determined by the City Engineer to be current, the impact of that previously approved capital improvement impact project shall be presumed for the proposed capital improvement impact 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. There shall be a rebuttable presumption that an alternative impact fee study conducted more than two years earlier is invalid. (4) It is acknowledged that the multi -modal 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 Subsection (E)(2) of this Section. F. If the City Engineer determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fee comply with the requirements of this section, the alternative impact fee shall be paid in lieu of the fee set forth in Section 53 -5. G. If the City Engineer 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 reason. The applicant shall have 15 calendar days from the receipt of the written notification of rejection to request a review hearing pursuant to Section 53 -15. H. The City Engineer or designee may conduct a follow up review to confirm the approved assumptions in the alternative impact fee calculation study within five (5) years of acceptance of the study by the City. Impact fees attributable to any impacts shown to exist in the follow up review, but which were not previously accounted for in the alternative impact fee study, shall be paid by the then current property owner within 30 days of a demand letter issued by the City to the then current property owner. A fee may be collected by the City for this monitoring study at the time the alternative impact fee is paid, based only on actual costs incurred by the City. Ordinance 13 -1393 Page 9 of 18