A. If, in the judgment of the Director, none of the fee categories or fee amounts set forth in the fee schedule accurately describes the impacts resulting from issuance of the proposed building permit, the applicant shall provide to the Department for its review and evaluation an independent fee calculation, paid for by the applicant. The Director may impose on the proposed building permit an alternative impact fee based on the independent fee calculation. With the independent fee calculation, the applicant shall pay to the Department an administrative processing fee provided for on the Citywide fee schedule.

B. If an applicant requests not to have the impact fees determined according to the fee schedule, then the applicant shall submit to the Director an independent fee calculation, paid for by the applicant, for the building permit. The independent fee calculation shall show the basis upon which it was made. With the request, the applicant shall pay to the Department the administrative processing fee of five hundred dollars ($500) unless a different fee is provided for on the Citywide fee schedule.

C. An applicant may request issuance of a building permit prior to completion of an independent fee study; provided, that the impact fee is collected based on the fee schedule in Section 21.03.170. A partial refund may be forthcoming if the fee collected exceeds the amount determined in the independent fee calculation and the Department agrees with the independent fee calculation.

D. While there is a presumption that the calculations set forth in the Capital Facilities Plan used to prepare the fee schedule are correct, the Director shall consider the documentation submitted by the applicant, but is not required to accept such documentation which the Director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the applicant to submit additional or different documentation. The Director is authorized to adjust the impact fee on a case-by-case basis based on the independent fee calculation, the specific characteristics of the building permit, and/or principles of fairness.

E. Determinations made by the Director pursuant to this section may be appealed to the Hearing Examiner subject to the procedures set forth in Section 21.03.140. (Ord. 3037, 10/24/23)