§ 33J-10. Fee computation by independent study.  


Latest version.
  • (a)

    The feepayer may elect, prior to or within thirty (30) days after paying the schedule impact fee calculated pursuant to Section 33J-6, to utilize an independent fee computation study. Such study shall calculate the fee pursuant to the formula set forth in Section 33J-6. The feepayer shall provide the Fire Director notice of intent to utilize an independent fee computation study prior to or within thirty (30) days of the issuance of any building permit on the property for which a fire impact fee is due. Independent fee computation studies initiated after the notice of intent is filed shall be completed and submitted to the Fire Director within three (3) months after the notice is filed. Nothing in this section shall allow a building permit for development activity to be issued without the payment of the fire impact fee.

    (b)

    If the feepayer elects to utilize an independent fee computation study, the feepayer shall, at his own expense, prepare and present to the Fire Director a study that documents the basis upon which the value of each of the components of the fee formula set forth in Section 33J-6 were determined. The burden shall be upon the feepayer to provide the data, analysis, and reports necessary for the Fire Director to make a determination. The analysis and report must be based on the formula set forth in this chapter.

    (c)

    The feepayer shall, at the time the independent fee computation study is submitted to the Fire Director, pay to the Zoning Director a nonrefundable independent study administrative charge in the amount set forth in the impact fee manual. That administrative charge shall be used by the County solely for the processing and review of the independent fee calculation study. The amount of the administrative charge shall not be credited against the impact fee.

    (d)

    The Fire Director shall determine whether the independent fee computation study accomplishes the following:

    (1)

    Adheres to the impact fee formula set forth in Section 33J-6;

    (2)

    Provides complete, thorough, and accurate information; and

    (3)

    Is prepared by a qualified person as defined in the impact fee manual.

    (e)

    Upon approval of the independent fee calculation study by the Fire Director, based on his determination that the conditions described in Section 33J-10(d) are fully met, the feepayer shall pay the amount of the fee so computed and be entitled to a refund of any amount previously paid in excess thereof.

    (f)

    Should the Fire Director determine that the conditions described in Section 33J-10(d) are not fully met by the independent fee study, he shall issue a letter by certified mail, return receipt requested, to the feepayer stating the deficiencies and his intent to reject to independent fee calculation study in whole or in part unless the deficiencies are corrected. If the Fire Director determines that the deficiencies in the independent fee study have not been corrected within sixty (60) days from the date his letter of intent is mailed, he shall issue a letter rejecting the independent fee study.

    (g)

    Any appeal from a decision of the Fire Director to reject and independent fee study shall be filed in accordance with Section 33J-14.

(Ord. No. 90-26, § 2, 3-20-90; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 30, 9-3-98; Ord. No. 15-144, § 4, 12-1-15)