§ 54-142. Alternative law enforcement impact fee.

(a)

In the event an applicant believes that the impact to the law enforcement system caused by the law enforcement impact construction is less than the impact established under the applicable law enforcement impact fee land use category specified in section 54-141 hereof, such applicant may, prior to issuance of a building permit for such law enforcement impact construction file an alternative law enforcement impact fee study with the city manager. The city manager shall review the alternative calculations and make a determination within 60 days of submittal as to whether such calculations comply with the requirements of this section.

(b)

For purposes of any alternative law enforcement impact fee calculation, the law enforcement impact construction shall be presumed to have the maximum impact on the law enforcement system for the appropriate law enforcement impact fee land use category.

(c)

The alternative law enforcement impact fee calculation shall be based on data, information or assumptions contained in this article and the law enforcement impact fee study or independent sources, provided that:

(1)

The independent source is a generally accepted standard source of planning information and cost impact analysis performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the law enforcement impact fee study; or

(2)

The independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a generally accepted methodology of planning and cost impact analysis which is consistent with the law enforcement impact fee study.

(d)

If the city manager determines that the data, information and assumptions utilized by the applicant comply with the requirements of this section and that the calculation of the alternative law enforcement impact fee was by a generally accepted methodology that is consistent with the law enforcement impact fee study, then the alternative law enforcement impact fee shall be paid in lieu of the fees adopted in section 54-141 hereof.

(e)

If the city manager determines that the data, information and assumptions utilized by the applicant to compute an alternative law enforcement impact fee do not comply with the requirements of this section, then the city manager shall provide to the applicant by certified mail, return receipt requested, written notification of the rejection and the reasons therefore.

(Ord. No. 07-23, § 5.05, 12-17-2007)