§ 47-70. Alternative road impact fee calculation.

(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 vehicle-miles of travel that are assumed under the applicable road impact fee land use category specified in section 47-69, 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 coordinator. The county coordinator shall review the alternative calculations of the new net vehicle-miles of travel and make a determination within 60 days of submittal as to whether such calculation complies with the requirements of this section.

(b)

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

(c)

The alternative road impact fee calculation of new net vehicle-miles of travel 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 database 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 coordinator 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 two years earlier is invalid.

(d)

If the county coordinator 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, then the alternative road impact fee shall be paid in lieu of the fee adopted in section 47-69.

(e)

If the county coordinator determines that the data, information and assumptions utilized by the applicant to compute an alternative new net vehicle-miles of travel number do not comply with the requirements of this section, then the county coordinator 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 therefor.

(Ord. No. 05-08, § 4.05, 11-17-2005; Ord. No. 2016-01 , Art. 11, 2-16-2016)