The fee established in this section 8-10-50 may be computed by the use of an independent fee calculation study pursuant to the procedures of this Sec. 8-10-50 if:
The Fee Administrator determines that the land development activity proposed is not one of the types listed on the fee schedule and is not comparable to any land use on the fee schedule; or
The applicant believes it can be demonstrated that the nature, timing or location of the proposed traffic-generating development make it likely that the impacts generated will cost substantially less to mitigate than the amount of the fee that would be generated by the use of the fee schedule; or
The proposed traffic-generating development is "transit oriented," located within one-half mile of an existing or proposed mass transit stop, and the applicant believes it can be demonstrated that the proposed development will generate fewer traffic trips than assumed by the fee schedule; or
The Fee Administrator determines that the nature, timing, or location of the proposed traffic-generating development make it likely that the impacts generated will cost substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule. It shall not be grounds for an independent fee calculation that the applicant believes that the applicant as an individual will not generate as many traffic trips as assumed by the fee schedules; or
The property is located within the Village Commercial (VC) zone district.
(b) Applicant to Prepare
The preparation of the independent fee calculation study shall be the responsibility of the applicant and shall be submitted to the Fee Administrator.
(c) Portion Subject to Study
The independent fee calculation study may provide alternative data in one or both of two areas:
The number of average daily traffic trips generated by the land use types in the proposed development; and/or
The average trip length in miles on County roads.
(d) Qualifications for Study
The independent fee calculations may include independent sources, provided that:
The independent source is an accepted standard source of transportation engineering or planning data or information.
The independent source is a local study of trip characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering.
The "percent new trips" factor used in the independent fee calculation study shall be based on actual surveys conducted in Pitkin County.
(e) Standards
To qualify for an independent fee calculation, the applicant shall demonstrate that it is reasonably likely that the use of the structure (by any person(s) subject to development exactions and/or impact fees) for public roads will result in the generation of fewer traffic trips than assumed by the fee schedule. If, on the basis of generally recognized principles of impact analysis it is determined the data, information and assumptions used by the applicant to calculate the independent fee calculation study satisfies the requirements of this section, the fee determined in the independent calculation study shall be deemed the fee for the proposed traffic-generating development. The adjustment shall be set forth in a Fee Agreement.
(f) Fee Agreement
The Fee Agreement shall be in a form approved by the County Attorney and shall memorialize the fee amount to be paid pursuant to the independent fee calculation study.