Spokane Municipal Code

Title 17D City-wide Standards

Chapter 17D.075 Transportation Impact Fees

Section 17D.075.050 Independent Fee Calculations

1. If in the reasonable judgment of the director, a proposed development activity does not fall under one of the fee categories set forth in SMC 17D.075.180, the department may prepare independent fee calculations and the director may impose alternative fees on a specific development based on those calculations, provided the director’s fee calculations shall be limited as provided in Section (C) below, and shall incorporate applicable rate study pass-by trip rates and trip length adjustment factors as set forth in SMC 17D.075.200. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer.
    
2. Alternatively, if an applicant believes that the applicant’s proposed development activity does not fall under one of the fee categories set forth in SMC 17D.075.180, the applicant may, at the applicant’s option, identify a development activity or land use code in the ITE manual that most closely resembles the applicant’s proposed development activity and calculate the applicant’s fees based on the number of trips assigned to that development activity by the ITE manual. In calculating such fees, the applicant shall incorporate applicable pass-by trip rates and trip length adjustment factors set forth in SMC 17D.075.200.
    
3. In addition to the options described in subsections (A) and (B) of SMC 17D.075.050, an applicant may elect to have impact fees determined according to SMC 17D.075.180 or in the alternative, if an applicant opts not to have the impact fees determined according to SMC 17D.075.180, the applicant may elect an independent fee calculation for the development activity for which a building permit is sought. In that event, the applicant may prepare and submit his/her own independent fee calculation. The applicant must make the election between fees calculated under SMC 17D.075.180 and an independent fee calculation prior to issuance of the building permit for the development. If the applicant elects to prepare its own independent fee calculation, the applicant must submit documentation showing the basis upon which the independent fee calculation was made. Provided, independent fee calculations shall use the same formulas and methodology and cost per trip used to establish the impact fees set forth in SMC 17D.075.180 and shall be limited to adjustments in trip generation rates 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.
    
4. Any applicant electing an independent fee calculation pursuant to subsection (C) of SMC 17D.075.050 shall be required to pay the City of Spokane a fee to cover the cost of reviewing the independent fee calculation, as follows: two hundred fifty dollars plus a deposit of two hundred fifty dollars towards the City's actual costs incurred in reviewing the independent fee calculation; no such fee shall apply to calculations performed under subsections (A) and (B) of this section. The applicant shall remit all remaining actual costs of the City's review of the independent fee calculation prior to and as a precondition of the City's issuance of the building permit. If the City's actual costs are lower than the deposit amount, the difference shall be remitted to the applicant.
    
5. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the documentation submitted by a feepayer pursuant to subsections (B) and (C) of SMC 17D.075.050, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may modify or deny the request, or, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The director's decision shall be set forth in writing and shall be mailed to the feepayer.
    
6. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner subject to the procedures set forth in chapter 17G.050 SMC.

Date Passed: Monday, January 24, 2011

Effective Date: Saturday, March 12, 2011

ORD C34673 Section 2