19.20.100 Independent fee calculation.
(1) As an alternative to the payment of impact fees as provided in the schedules set forth in this title, if, in the judgment of the Director, none of the fee categories or fee amounts set forth in this title accurately describes or captures the impacts of a new development, the Department may conduct independent fee calculations and the Director may impose alternative impact fees on a specific development based on those calculations.
(2) A fee payer may also request that assessed impact fees on the proposed development be calculated according to an independent fee calculation study submitted by the fee payer and approved by the Department as provided in this section. A fee payer may submit an independent fee calculation study for one or more impact fees and use the impact fee schedules in this title for one or more impact fees.
(3) All independent fee calculation studies by a fee payer shall be submitted to the Department for review and approval. The study shall be accompanied by the administrative fee required for conducting the review, as set forth in the current fee schedule. The independent fee calculation study shall meet the following standards:
(a) The study shall follow accepted impact fee assessment practices and methodologies.
(b) The study shall use acceptable data sources, and the data shall be comparable with the uses and intensities proposed for the proposed development activity.
(c) The study shall comply with applicable State laws governing impact fees, including but not limited to RCW 82.02.060, or its successor.
(d) The study, including any data collection and analysis, shall be prepared and documented by professionals qualified in their respective fields.
(e) The study shall show the basis upon which the independent fee calculation was made.
(4) Director’s Determination.
(a) There is a rebuttable presumption that the methodologies and rates set for the impact fees imposed by this title are valid.
(b) The Director shall consider the documentation submitted by the fee payer, but is not required to accept such documentation or analysis which the Director reasonably deems to be inapplicable, inaccurate, or not reliable.
(c) The Director may require the fee payer to submit additional or different documentation for consideration.
(d) The Director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness.
(e) The Director’s determination regarding the fees or alternative fees, and any associated calculations, shall be provided to the fee payer in writing.
(5) Determinations made by the Director pursuant to this section shall be subject to the appeals procedures set forth in Chapter 14.45 CMC. (Ord. 16-16 § 1 (Exh. A))