§ 9.4.9. Independent fee calculation study.

A.

General. The amount of land to be dedicated or fee to be paid in-lieu of dedication may be computed by the use of an independent fee calculation study if the applicant/fee payer chooses.

B.

Responsibility for preparation. The applicant/fee payer is responsible for preparation of the independent fee calculation study. The person who prepares the independent fee calculation study must be a qualified professional in the preparation of park impact analysis, and must be approved by the fee administrator on the basis of professional training and experience.

C.

Procedure.

1.

An independent fee calculation study will be undertaken after the submission of an application for an independent fee calculation study.

2.

Within ten working days of receipt of an application for independent fee calculation study, the fee administrator will determine if the application is complete. If the fee administrator determines that the application is not complete, a written statement specifying the deficiencies will be sent by mail to the person submitting the application. The application will be deemed complete if no deficiencies are specified. The fee administrator will take no further action on the application until it is deemed complete.

3.

When the fee administrator determines the application is complete, the application will be reviewed and the fee administrator will render a written decision in 20 working days on whether the land dedication requirement or in-lieu fee should be modified and, if so, what the amount should be.

D.

Standards. If, on the basis of generally recognized principles of impact analysis, it is demonstrated that the proposed residential land uses are designed or located so that the occupants of the development will demand less regional park land than shown in the schedule in subsection 9.4.8, the fee administrator will appropriately adjust the dedication requirement or in-lieu fee. If the independent fee calculation study fails to satisfy the requirements of this section, the dedication or in-lieu fee applied will be that established in subsection 9.4.8.

E.

Appeal.

1.

A fee payer affected by the administrative decision of the fee administrator on an independent fee calculation study can appeal the decision to the county commissioners by filing with the fee administrator, within ten working days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The fee administrator will place the appeal on the county commissioners' agenda for the next regularly scheduled meeting.

2.

The county commissioners, after a hearing, have the power to affirm or reverse the decision of the fee administrator. In making their decision, the county commissioners will make written findings of fact and conclusions of law and apply the standards in subsection 9.4.9.D. If the county commissioners reverse the decision of the fee administrator, they will direct the administrator to recalculate the fee in accordance with their findings. In no case will the county commissioners have the authority to negotiate the amount of the fee.