4A.10.090 Impact Fee Adjustments, Independent Calculations.
A. An applicant may request an adjustment to the impact fees determined according to the fee schedule set forth in this Title and kept on file with the Department of Planning and Public Works, by preparing and submitting to the affected School District (for school impact fees) or to the Parks and Recreation Department (for park impact fees) or to the County Engineer (for traffic impact fees) an independent fee calculation for the development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. Independent fee calculations for traffic impact fees shall use the same formulas and methodology used to establish the impact fees in this Title and shall be limited to adjustments in trip generation rates used in the Rate Study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures.
1. If the District or Department agrees with the independent fee calculation, a written agreement shall be transmitted to the applicant and to PPW.
2. If the District or Department does not agree with the independent fee proposal, the applicant may request a third party review. The third party reviewer will be randomly assigned by PPW from a roster of qualified individuals or agencies on file.
a. PPW shall develop the roster through an RFQ and contracting process.
b. The applicant shall pay the third party reviewer for services and the District and Department for analysis of the independent fee calculation.
c. While there is a presumption that the calculations set forth in a District's Capital Facilities Plan and/or the Capital Facilities Plan element of the County Comprehensive Plan are valid, the third party reviewer shall consider the documentation submitted by applicant and the analysis prepared by a District or Department, but is not required to accept documentation or analysis which the third party reasonably deems to be inaccurate or unreliable, and may, in the alternative, require the applicant or the District or Department to submit additional or different documentation for consideration.
d. The third party reviewer may adopt, reject, or revise the independent fee calculation after consideration of documentation submitted in support of or in opposition to the independent fee calculation, the specific characteristics of the development, principles of fairness, and/or other relevant information. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the applicant, the District or Department, and the County.
B. If, in the judgment of the County Engineer, none of the fee categories set forth in Chapter 4A.40 PCC accurately describes or captures the impacts of a new development on roads, the County Engineer may conduct independent fee calculations and the County Engineer may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the applicant.
C. Determinations made pursuant to this Section may be appealed to the Examiner subject to the procedures set forth in PCC 4A.10.120 and Chapter 1.22 PCC.