§ 22-26. Alternative educational impact fee study.

(a)

In the event an applicant believes that the impact to the educational system is less than the impact established under the applicable educational impact fee land use category specified in Section 22-22 such applicant may, prior to issuance of a building permit for the new residential construction, or, if no building permit is required, prior to the time of approval of the final development order, submit an alternative educational impact fee study.

(b)

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

(1)

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

(2)

The independent source is a local study supported by a database 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, the alternative educational system impact fee may be applied to similarly situated residential construction for up to three (3) years from the date of the study. There shall be a rebuttable presumption that an alternative impact fee study older than three (3) years is invalid.

(c)

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

(d)

The proposed alternative educational impact fee calculation shall not be accepted by the superintendent unless the proposed alternative fee is a minimum of twenty-five percent (25%) less than the fee would be if calculated under the adopted rates provided for in Section 22-22 for the applicable land use category.

(e)

The proposed alternative educational impact fee and supporting documentation shall be submitted by the applicant to the superintendent or designee who shall review the calculation and provide a preliminary written determination to the applicant within thirty (30) calendar days of submittal as to whether such calculation complies with the requirements of this section.

(f)

If the superintendent, or designee determines the data, information and assumptions utilized by the applicant to calculate the alternative educational impact fee complied with the requirements of this code, and that the calculation of the alternative educational 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 22-22. The applicant shall present the written determination from the superintendent, or designee, approving the alternative educational 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 be responsible for issuing the building permit or final development order.

(g)

If the superintendent, or designee, determines that the data, information and assumptions utilized by the applicant to calculate the alternative educational impact fee do not comply with the requirements of this code, or is not derived from generally accepted methodology, then the alternative educational impact fee shall be rejected. Such rejection shall be in writing and set forth the reasons therefore, and shall be provided to the applicant by certified mail.

(h)

Any applicant who submits an alternative educational impact fee study pursuant to this code and desires the immediate issuance of a building permit, or final development order if no building permit is required, shall pay, prior to the issuance of the building permit or final development order the applicable educational impact fee as set forth in Section 22-22. Such payment shall be deemed paid under protest, and shall not be construed as a waiver of any review rights. If the alternative educational impact fee study is not approved as provided elsewhere in this Section, the payment of the fee shall be final. If the alternative impact fee study is approved, any difference between the amount paid and the alternative amount due as approved shall be refunded to the applicant by the School Board. The applicant shall not be entitled to any interest on funds paid under protest and subsequently refunded.

(i)

If the alternative educational impact fee study is approved, the applicant shall provide a payment bond, irrevocable letter of credit, or other acceptable form of security to the School Board within ten (10) days of notification of approval. The payment bond, irrevocable letter of credit or other form of security is for the purposes of ensuring that the actual impacts of the development do not exceed the impacts set forth in the approved alternative study. The payment bond, irrevocable letter of credit, or other form of security shall be in an amount that equals the difference between the impact fees paid under the approved alternative study and the amount of impact fees that would have been due under Section 22-22 as of the time the alternative study was approved. The payment bond, irrevocable letter of credit or other form of security shall remain in place for a period of one (1) year from the date of issuance of the last certificate of occupancy that is needed to complete the project as described in the alternative impact fee study. If the School Board determines that the development has produced more than the number of students allotted in the approved study, the School Board shall notify the applicant prior to the expiration of the one (1) year of its intent to draw down the security in an amount equal to the actual impact of the development not to exceed the amount of the security.

(j)

Any person who disagrees with a decision or interpretation of this section by the superintendent may appeal to the school board. The written notice of appeal shall set forth concisely the action or decision appealed, as well as the grounds upon which the appeal is based. The school board shall consider all facts material to the appeal and render a final written decision within thirty (30) days of the date the appeal is heard at a duly advertised meeting. The School Board's written decision shall constitute final administrative action. The appeal process set forth in Section 22-17 shall not be applicable to this section of the Lake County Code.

(Ord. No. 2017-26, § 2, 5-23-17)