§ 56-65. Alternative correctional facilities impact fee.

(a)

In the event an applicant believes that the impact to the correctional facilities caused by the residential construction is less than the impact established in the correctional facilities impact fee study and the fee provided in section 56-64 hereof, such applicant may, prior to issuance of a building permit for such residential construction, file an alternative correctional facilities impact fee study with the county manager. The county manager shall review the alternative calculations and make a determination within 60 days of submittal as to whether such calculations comply with the requirements of this section.

(b)

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

(c)

The alternative correctional facilities impact fee calculation shall be based on data, information or assumptions contained in this article and the correctional facilities 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 correctional facilities 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 correctional facilities impact fee study.

(d)

If the county manager 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 correctional facilities impact fee was by a generally accepted methodology that is consistent with the correctional facilities impact fee study, then the alternative correctional facilities impact fee shall be paid in lieu of the fees adopted pursuant to section 56-64 hereof.

(e)

If the county manager determines that the data, information and assumptions utilized by the applicant to compute an alternative correctional facilities impact fee do not comply with the requirements of this section, then the county manager shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore.

(Ord. No. 2007-40, § 4.05, 10-18-2007)