10.09.01. The intent of an independent fee calculation study is to determine appropriate impact fees for land uses whose long-term impacts are not typical of the generalized land uses listed in the impact fee schedules. The independent fee calculation study shall not be based on the characteristics of the initial occupant of the development, but on the unique and permanent features of the development that will result in lower impacts over the long term.

10.09.02. The impact fee may be computed by the use of an independent fee calculation study at the election of the applicant, if the applicant believes it can be demonstrated that the structural nature of the proposed development, not its initial occupants or use, will result in impacts that will cost substantially less to mitigate than the amount of the fee that would be generated by the use of the fee schedule. Payment of costs for the preparation of the independent fee calculation study shall be the sole responsibility of the electing party. An applicant who requests an independent fee calculation study shall pay an application fee for administrative costs associated with the review and decision on such study.

10.09.03. An independent fee calculation study shall provide independent data, analysis and calculations of the service units that will be generated by the proposed development, prepared by a qualified professional pursuant to an accepted methodology of impact analysis. The independent fee calculation study shall use the net cost per service unit for the type of facility fee under consideration, taken from the impact fee study. In the event that the impact fees were adopted at less than 100 percent of the net cost per service unit calculated in the impact fee study, the fees resulting from the independent fee calculation study shall be multiplied by the percentage at which the fees were adopted.

10.09.04. An independent fee calculation study shall be undertaken through the submission of an application for an independent fee calculation. Within ten days of receipt of an application for independent fee calculation study, the city shall determine if the application is complete. If the city determines that the application is not complete a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The application shall be deemed complete if no deficiencies are specified. The city shall take no further action on the application until it is deemed complete. When the city determines that the application is complete, the application shall be reviewed and the city shall render a written decision in 45 days on whether the fee should be modified and, if so, what the amount should be. The adjustment shall be set forth in a fee agreement. If the independent fee calculation study fails to satisfy the requirements of this section, the fee applied shall be that fee established for the development in the fee schedule.

(Ord. No. 3588, § 1, 10-3-2011)