§ 22-49. Alternative fire rescue impact fee.

(a)

In the event an applicant believes that the impact to the county fire rescue system caused by fire rescue impact construction is less than the impact established under the applicable fire rescue impact fee land use category specified in section 22-47 such applicant may, prior to issuance of a building permit for such fire rescue impact construction, or, if no building permit is required, prior to the time of approval of the final development order, file an alternative fire rescue impact fee study with the county manager or designee. The county manager or designee shall review the alternative calculations and make a determination within sixty (60) 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 fire rescue impact construction shall be presumed to have the maximum impact on the county 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 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 impact fee study.

(d)

If the county manager or designee 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 adopted in section 22-47.

(e)

If the county manager or designee 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 county manager or designee shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore.

(Ord. No. 2007-60, § 1, 12-11-07)