A. If in the judgment of the director, none of the TrIF categories or TrIF amounts set forth in the fee schedule accurately describes the impacts resulting from issuance of the proposed development activity, the applicant shall provide to the director for review and evaluation an independent fee calculation, prepared by a traffic engineer approved by the director. The director may impose on the proposed development activity an alternative TrIF based on this calculation.

B. The applicant may opt not to have the TrIFs determined according to the fee structure listed in the fee schedule, in which case the applicant shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall be prepared by a licensed traffic engineer and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the current edition of the Institute of Transportation Engineers Trip Generation Handbook. An independent fee calculation shall use the same methodology used to establish TrIFs set forth in the fee schedule, shall be limited to adjustments in trip generation rates and lengths used in the rate study, and shall not include travel demand forecasts, trip distribution, transportation service area zones, costs of street and road projects, or cost allocation procedures.

C. An applicant requesting an independent fee calculation will be required to pay the city an administrative processing fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting an independent fee calculation review shall be as set forth by Chapter 3.104 LMC. However, if the director initiates the independent fee calculation as set forth by subsection (A) of this section, the applicant shall not be required to pay to the city an administrative processing fee.

D. There is a rebuttable presumption that the calculations set forth in the rate study and the fees set forth in the fee schedule are valid. The director shall consider the documentation submitted by the applicant, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or not reliable. The director may require the applicant to submit additional or different documentation for consideration. The director is authorized to adjust the TrIFs on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development and/or principles of fairness.

E. Determinations made by the director pursuant to this section may be appealed as set forth in LMC 3.105.170. (Ord. 2850 § 3, 2010)