BIL 304 Draft 01 2008-2010 - Laserfiche WebLink

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land use by trip generation rates contained in the most current edition of the report titled "Trip Generation," prepared by the Institute of Transportation Engineers (ITE), or articles or reports appearing in the ITE Journal. (f) In general, impact fees shall be assessed based on the principal use of a building or lot. For example, a warehouse that contained a small administrative office would be assessed at the warehouse rate for all of the square footage. Shopping centers are assessed at the retail /commercial rate, regardless of the type of tenants. For a true mixed -use development, such as one that includes both residential and nonresidential development, the fee shall be determined by adding up the fees that would be payable for each use as if it was a free - standing land use type pursuant to the fee schedule. (g) If the type of impact - generating development is for a change of land use type or for the expansion, redevelopment, or modification of an existing development, the fee shall be based on the net increase in the fee for the new land use type as compared to the previous land use type. (h) In the event that the proposed change of land use type, redevelopment, or modification results in a net decrease in the fee for the new use or development as compared to the previous use or development, there shall be no refund of impact fees previously paid. (i) Square feet in the fee schedule refer to gross floor area as defined in this chapter. Section 36 -13. Fees calculated by independent fee calculation study. (a) The impact fee may be calculated using an independent fee calculation study at the election of the applicant or upon the request of the impact fee administrator, in the following circumstances: (1) For any proposed land development not listed on the land use fee schedule; or (2) For any proposed land development activity that the impact fee administrator concludes will likely generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule due to the nature, timing, or location of the proposed development. (b) Payment of costs for the preparation of the independent fee calculation study shall be the sole responsibility of the applicant. (c) Any person who applies to perform an independent fee calculation study shall pay an application fee of $3,000 for administrative costs associated with the review and decision on such study. (d) Within ten days of the administrator's acceptance of the independent fee calculation study for review, the applicant shall publish a notice in at least two newspapers of general circulation in the County that an independent fee calculation study has been submitted and that it may be reviewed in the office of the administrator. The notice shall list the land use(s) and TMK number for which the independent fee calculation is proposed. -10-