§ 33E-9. Fee computation by independent study.

The feepayer may elect, either prior to or subsequent to paying the scheduled impact fee (Section 33E-8), to utilize an independent fee computation study pursuant to the formula set forth in Section 33E-7(a). The feepayer shall provide the County Public Works Director notice of intent to utilize an independent fee computation study, which shall be completed and submitted to the Public Works Director within 12 months of issuance of building permit. Nothing within this section shall allow a building permit for development activity to be issued without the payment of a road impact fee as provided for in Section 33E-6 herein or without an authorized deferral of payment upon acceptance of a letter of credit as provided in Section 33E-6.1 or upon the acceptance of a voluntary lien as provided in Section 33E-18.

(a)

If the feepayer elects to utilize an independent fee computation study, the feepayer shall, at the feepayer's own expense, prepare and present to the County Public Works Director such a study that shall document the basis upon which the value of each of the components of the fee formula set forth in Section 33E-7(a) was determined. The study shall use a methodology that has been approved by the Public Works Director. The study shall address the following subjects unless otherwise specified in writing by the Public Works Director:

(1)

Trip generation rates;

(2)

Average vehicle trip length;

(3)

New vehicle trip rates;

(4)

Non-transit trip percentages.

(b)

The feepayer shall, at the time the independent fee computation study is submitted to the County Public Works Director, pay to the County Public Works Director a nonrefundable independent study administrative cost in the amount set forth in the Implementing Order to be used solely for the processing and review of the independent fee calculation study. This amount shall not be credited against the road impact fee payment and shall not be refunded.

(c)

The County Public Works Director shall determine if an independent fee computation study:

(1)

Adheres to the impact fee formula set forth in Section 33E-7(a);

(2)

Provides complete, thorough, and accurate information;

(3)

Complies with the methodology approved by the Public Works Director; and

(4)

Is prepared by an individual or entity qualified to perform Traffic Engineering and Operations Studies in accordance with the standards set forth in Rule 14-75.003 of the Florida Administrative Code.

(d)

Upon approval of the independent fee calculation study by the County Public Works Director, the fee may be computed based upon the findings of the study using the road impact fee formula set forth in Section 33E-7.

(e)

In the event that the Public Works Director determines that the conditions described in Section 33E-9(c) have not been fully met by the independent fee study, a letter shall be sent to the applicant identifying the deficiencies in the study that must be corrected and stating an intent to reject the independent fee calculation study unless the deficiencies are corrected. If the County Public Works Director determines that the deficiencies in the independent fee study have not been corrected within sixty (60) working days from the date of the letter of intent, the Director shall issue a second letter rejecting the independent fee study.

(f)

Any appeals from a decision of the County Public Works Director to reject an independent fee study because of deficiencies shall be filed with the County Zoning Director within 30 days of the decision and shall be reviewed and decided by the County Developmental Impact Committee Executive Council.

(g)

In his annual review of the impact fee ordinance the County Mayor may recommend to the Board of County Commissioners that the type of use and fee rates approved pursuant to an independent study prepared under this section be added to or substituted in the impact fee schedule contained in Section 33E-8.

(Ord. No. 88-112, § 1(9), 12-6-88; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 26, 9-3-98; Ord. No. 09-08, § 6, 1-22-09; Ord. No. 14-122, § 2, 12-2-14; Ord. No. 15-144, § 1, 12-1-15; Ord. No. 16-120, § 1, 11-1-16)