3.54.135 Independent fee calculations.
A. City-Initiated Independent Fee Calculations. If, in the judgment of the city engineer, the fee calculation methodology set forth in MMC 3.54.130 does not accurately or fairly describe or capture the impacts of a development activity upon the city’s transportation system, the city engineer may conduct an independent fee calculation and may impose an alternative fee amount based upon that calculation. The alternative fee and calculation shall be set forth in writing and shall be mailed to the permit applicant.
B. Applicant-Initiated Independent Fee Calculations. If an applicant believes that the trip impact fee amounts set forth in MMC 3.54.130 do not accurately or fairly describe or capture the impacts of a development activity upon the city’s transportation system, the applicant may prepare and submit to the city engineer an independent fee calculation for the development activity at issue. The independent fee calculation submitted shall demonstrate the basis upon which it is made; provided, independent fee calculations shall use the same methodology used to establish impact fees set forth in MMC 3.54.130, shall be limited to adjustments in trip generation rates and trip lengths used in the rate study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures.
1. The city engineer shall consider the independent fee calculation submitted by the applicant, but is not required to accept such documentation or analysis which the city engineer reasonably deems to be inaccurate or unreliable, and may, alternatively, require the applicant to submit additional or different documentation for consideration. The city engineer is authorized, but in no manner obligated, to adjust the impact fee on a case-by-case basis based upon an independent fee calculation, specific characteristics of the development, and/or the demonstrated impact of the development upon the city’s transportation system. Any alternative fee calculation approved by the city engineer shall be set forth in writing and mailed to the applicant.
C. Determinations made by the city engineer pursuant to this section may be appealed to the hearing examiner as set forth in MMC 3.54.080. (Ord. 005/2019 § 9)