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(1) Pursuant to this Section, an applicant may request an alternative SDC rate calculation, alternative SDC credit determination, or alternative SDC exemption, under the following circumstances:

(a) The Applicant believes that the impact on facilities resulting from the New Development is, or will be, less than that contemplated in the SDC Methodology Report, and for that reason, the Applicant’s SDC should be lower than that calculated by the City.

(b) The Applicant believes that property taxes paid by the property subject to development are, or will be, more than is provided by any credit for tax payments and for that reason, the Applicant’s SDC should be lower than that calculated by the City.

(c) The Applicant believes the City improperly excluded from consideration a Qualified Public Improvement that would qualify for credit under Section 3.878, or the City accepted for credit a Qualified Public Improvement, but undervalued that improvement and therefore undervalued the credit.

(d) The Applicant believes the City improperly rejected a request for an exemption under Section 3.878 for which the Applicant believes it is eligible.

(2) Alternative SDC Rate Request:

(a) If an Applicant believes that the assumptions for the class of structures that includes the New Development are not appropriate for the subject New Development, the Applicant must request an alternative SDC rate calculation, under this Section, no later than the time of issuance of a Building Permit for the New Development. Alternative SDC rate calculations for occupancy must be based on analysis of occupancy of classes of structures, not on the intended occupancy of a particular New Development.

(b) In support of the Alternative SDC Rate request, the Applicant must provide complete and detailed documentation, including verifiable data, analyzed and certified by a suitable and competent professional. The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, demographics, growth projections, and techniques of analysis as a means of supporting the proposed alternative SDC rate. The proposed Alternative SDC Rate calculation shall include an explanation with particularity why the rate established in the SDC Methodology does not accurately reflect the New Development’s impact on the City’s capital improvements.

(c) The Administrator shall apply the Alternative SDC Rate if, in the Administrator’s opinion, the following are found:

(i) The evidence and assumptions underlying the Alternative SDC Rate are reasonable, correct and credible and were gathered and analyzed in compliance with generally accepted principles and methodologies consistent with this Section, and

(ii) The calculation of the proposed Alternative SDC rate was by a generally accepted methodology, and

(iii) The proposed alternative SDC rate better or more realistically reflects the actual impact of the New Development.

(d) Within 30 days of the Applicant’s submission of the request, the Administrator shall provide a written decision explaining the basis for rejecting or accepting the request.

(3) Alternative SDC Credit Request:

(a) If an Applicant has requested an SDC Credit pursuant to Section 3.880 and that request has been denied by the City, the Applicant may request an Alternative SDC Credit calculation, under this Section, no later than the time of application for a building permit.

(b) In support of the Alternative SDC Credit request, the Applicant must provide complete and detailed documentation, including appraisals, cost analysis or other estimates of value, analyzed and certified to by an appropriate professional, for the improvements for which the Applicant is seeking credit. The Applicant’s supporting documentation must rely upon generally accepted sources of information, cost analysis, and techniques of analysis as a means of supporting the proposed Alternative SDC Credit.

(c) The Administrator shall apply the Alternative SDC Credit if, in the Administrator’s opinion, the following are found:

(i) The improvement(s) for which the SDC Credit is sought are Qualified Public Improvement(s), and

(ii) The evidence and assumptions underlying the Applicant’s Alternative SDC Credit request are reasonable, correct, and credible and were gathered and analyzed by an appropriate competent professional in compliance with generally accepted principles and methodologies, and

(iii) The proposed Alternative SDC Credit is based on realistic, credible valuation or benefit analysis.

(d) Within 30 days of the Applicant’s submission of the request, the Administrator shall provide a written decision explaining the basis for rejecting or accepting the request.

(4) Alternative SDC Exemption Request:

(a) If an Applicant has requested a full or partial exemption under Section 3.878 and that request has been denied, the Applicant may request an Alternative SDC Exemption under this Section, no later than the time of application for a Building Permit for the New Development.

(b) In support of the Alternative SDC Exemption request, the Applicant must provide complete and detailed documentation demonstrating that the Applicant is entitled to one of the exemptions described in Section 3.878.

(c) The Administrator shall grant the exemption if, in the Administrator’s opinion, the Applicant has demonstrated with credible, relevant evidence that it meets the pertinent criteria in Section 3.878.

(d) Within 30 days of the Applicant’s submission of the request, the Administrator shall provide a written decision explaining the basis for rejecting or accepting the request.

[Added Sec. 12, Ord. No. 2006-14, Jan. 19, 2006; Amd. Sec. 4, Ord. No. 2016-145, Dec. 15, 2016.]