BIL 304 Draft 03 2008-2010 - Laserfiche WebLink

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(g) 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. 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) If an applicant elects to have impact fees calculated by an independent fee calculation study as provided in subsection (a), the applicant shall pay all costs associated with the preparation of the independent fee study calculation. (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. (e) The final decision on whether to accept payment of the independent fee based on an independent fee calculation shall be made by the council, by resolution, after recommendation by the impact fee administrator. The impact fee administrator shall make the recommendation to the council within ninety days after accepting a completed application for an independent fee calculation.