§ 56-85. Alternative road impact fee.

(a)

In the event an applicant believes that the impact to the county road system necessitated by its road impact construction is less than the new net trips that are assumed under the applicable road impact fee land use category specified in appendix E hereof, such applicant may, prior to issuance of a building permit for such road impact construction, file an alternative road impact fee study with the county manager. The county manager shall review the alternative calculations of the new net trips and make a determination within 60 days of submittal as to whether such calculation complies with the requirements of this section. [Appendix E is adopted as if fully set out herein and is on file and available for inspection in the office of the city clerk.]

(b)

For purposes of any alternative road impact fee calculation, the road impact construction shall be presumed to have the maximum impact on the county road system for the trip generation land use category contemplated under the road impact fee rate.

(c)

The alternative road impact fee calculation of new net trips shall be based on data, information or assumptions contained in this article and the road impact fee study or an independent source, provided that:

(1)

The independent source is a generally accepted standard source of transportation engineering or planning information, or

(2)

The independent source is a local study supported by a data base adequate for the conclusions contained in such study performed by a professional engineer pursuant to a generally accepted methodology of transportation planning or engineering.

(3)

If a previously approved road impact construction project submitted, during its approval process, a traffic impact study substantially consistent with the criteria required by this section, and if such study is determined by the county manager to be current, the traffic impacts of such previously approved road impact construction shall be presumed to be as described in the prior study. In such circumstances, an alternative road impact fee shall be established reflecting the traffic impact described in the prior study. There shall be a rebuttable presumption that a traffic impact study conducted more than one year earlier is invalid.

(4)

It is acknowledged that the road impact fee rates are based upon the applicable trip generator rates for the trip generation land use categories corresponding to the impact fee land use categories set forth in section 56-84. In recognition of such acknowledgment, the trip generator rates for the trip generation land use categories shall be considered an independent source for the purpose of an alternative road impact fee calculation without the necessity of a study as required by subsections (c)(1) and (2) of this section.

(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 road impact fee was by a generally accepted methodology that is consistent with the road impact fee study, then the alternative road impact fee shall be paid in lieu of the fee adopted pursuant to section 56-84 hereof.

(e)

If the county manager determines that the data, information and assumptions utilized by the applicant to compute an alternative new net trips number 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 of the alternative road impact fee and the reasons therefore.

(Ord. No. 2007-40, § 5.05, 10-18-2007)