§ 29-105. Alternative impact fee calculation.

(a)

In the event an applicant believes that the impact to the City fire and rescue system necessitated by its construction is less than the impact fee established in this article, such applicant may, prior to issuance of a building permit for such construction, submit a calculation of an alternative impact fee to the City Manager pursuant to the provisions of this section. The City Manager shall review the calculations and make a determination within fifteen (15) calendar days of submittal as to whether such calculation complies with the requirements of this section.

(b)

Alternative fire and rescue system impact fee calculations shall be based on data, information or assumptions contained in this article or independent sources, provided that:

(1)

The independent source is a generally accepted standard source of socioeconomic or demographic information, or

(2)

The independent source is a local study supported by a database that the City Manager finds adequate for the conclusions contained in such study performed according to a generally accepted methodology.

(c)

If the City Manager determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fee comply with the requirements of this section, the alternative impact fee shall be paid in lieu of the fee set forth in this article.

(d)

If the City Manager determines that the data, information and assumptions utilized by the applicant to calculate the alternative impact fee do not comply with the requirements of this section, then the City shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection of the alternative impact fee and the reason therefore. The applicant shall have fifteen (15) days from the receipt of the written notification of rejection to request a hearing before the City Council.

(e)

Council shall be advised of all such agreements.

(Ord. No. 2002-33, § 7, 11-19-02)