40.630.030    Calculation of Impact Fee

A.    The impact fee for a nonresidential development shall be computed by applying the traffic impact fee formula set out in Section 40.620.010. The impact fee for a residential development shall be computed by applying the traffic impact fee, park impact fee and school impact fee formulae set out in Sections 40.620.010, 40.620.020 and 40.620.040 combining the results; provided, that the school impact fee component shall not apply to housing which by design or restrictive covenant is exclusively for persons sixty-two (62) years of age or older.

B.    If the development for which approval is sought contains a mix of uses, the impact fee must be separately calculated for each type of use.

C.    The development approval authority setting the impact fee upon application by the developer supported by studies and data may reduce or eliminate such fee if it is shown that:

1.    The formulae contained in Sections 40.620.010, 40.620.020 and/or 40.620.040 do not accurately reflect traffic, park or school impact; or

2.    Due to unusual circumstances:

a.    Facility improvements identified for the applicable service area are not reasonably related to the proposed development, or

b.    Such facility improvements will not reasonably benefit the proposed development; or

3.    The current development proposal implements a concomitant rezone agreement or other development approval pursuant to which public facilities were dedicated or constructed prior to October 1, 1984, which are of benefit to the community at large and which otherwise likely would have been designated as system improvements.

D.    Prior to making an application for a building permit or site plan approval, an applicant upon payment of the applicable fee provided for in Title 6, may request an impact fee determination from the director, which determination shall be based upon information supplied by the applicant sufficient to permit calculation of the impact fee. The impact fee determination shall be binding upon the county for a period of one (1) year unless there is a material change in the development proposal, the capital facilities plan or this chapter.