§ 39-5. Individual assessments.

(a)

The impact fee shall be computed by the use of an individual assessment of traffic impact if:

(1)

The type of new development being commenced is not similar, in terms of traffic generation, to any of the land use types listed on the fee schedule in section 39-4;

(2)

The fee payer chooses to have the amount of the fee determined by the use of an individual assessment; or

(3)

The impact fee administrator concludes that the nature, timing or location of the proposed new development makes it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule.

(b)

The applicant shall be responsible for preparation of the individual assessment if the applicant chooses to conduct the analysis. The impact fee administrator shall be responsible for preparation of the individual assessment if the type of land development being proposed is interpreted not to be one of those types listed in the fee schedule or analysis of the proposed new development concludes that the nature, timing or location of the proposed new development makes it likely to generate impacts costing substantially more than the amount of the fee generated by the use of the fee schedule. The person who prepares the individual assessment shall be a qualified professional in the preparation of transportation impact analysis and shall be approved by the impact fee administrator on the basis of professional training and experience. If the impact fee administrator is responsible for preparation of the assessment, the administrator may request the applicant to prepare the individual assessment and credit the cost for such preparation against the impact fees.

(c)

The individual assessment for the arterial street impact fee shall determine if the proposed new development is designed or located so that the new development will place less demand on the arterial system than that projected in the fee schedule. The individual assessment shall calculate the applicable impact fees according to the following formula:

Assessed fee	=	Percent × maximum fee
Maximum fee	=	Pk Hr VMT × net cost/VMT
Where:
Percent	=	50% in North Service Area; 50% in South Service Area
Pk Hr VMT	=	Pk Hr trips × % new × length ° 2
Pk Hr trips	=	Trip ends during PM peak hour of adjacent street traffic
% new	=	Percent of trips that are primary, as opposed to passby or diverted-link trips
Length	=	Average length of a trip on the city arterial system
° 2	=	Avoids double-counting trips for origin and destination
Net cost/VMT	=	Average cost to accommodate a new peak hour VMT at LOS D, less revenue and deficiency credits, which has been calculated in the 1999 study by Duncan Associates to be $878

 

(d)

Review of application.

(1)

An individual assessment shall be undertaken through the submittal of an application of individual assessment of arterial street impact fees. An applicant may submit such an application at the applicants discretion. The impact fee administrator shall submit such an application for any proposed new development interpreted as not one of those types listed on the fee schedule and for any proposed new land development for which it concludes the nature, timing or location of the proposed new development makes it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule.

(2)

Upon receipt of any application for individual assessment, the impact fee administrator shall determine if the application is complete. If the impact fee administrator determines that the application is not complete, a written statement shall be sent to the applicant by mail, specifying the deficiencies. The impact fee administrator shall take no further action on the application until it is deemed complete.

(3)

When the impact fee administrator determines the application is complete, the application shall be reviewed and a written decision rendered in one month on whether the fee should be modified and, if so, what the amount should be.

(e)

If the impact fee administrator finds that the data, information and assumptions used by the applicant to calculate the individual assessment satisfies the requirements of this section, the fee determined in the individual assessment shall be deemed the fee due and owing for the proposed new development. This adjustment in the fee shall be set forth in a fee agreement.

(f)

Any applicant may appeal the impact fee administrators decision on the individual assessment, whether initiated by the applicant or by the impact fee administrator, by filing a petition to the board of zoning adjustment of the city, pursuant to section 39-9. The applicant must file a notice of appeal with the impact fee administrator within ten working days following the decision on the individual assessment.

(Ord. No. 011258, § 1, 9-27-01; Ord. No. 051437, § 1, 2-9-06)