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A. An Applicant may dispute an SDC rate calculation if the Applicant believes that the impact of the New Development is less than the impact assumed by the City based on the City’s adopted SDC methodology. An Applicant may dispute an SDC exemption determination if the Applicant believes that the New Development qualifies for exemption under Section 12.07.090. To challenge an SDC rate calculation or exemption determination, the Applicant must submit such a request under this section, within 180 days after issuance of a Permit for the New Development. The City shall not entertain any such a request filed after 180 days after issuance of a Permit for the New Development. Upon the timely request for an alternative SDC rate calculation or exemption determination, the City Manager shall review the Applicant’s calculations and supporting evidence and make a determination within 21 days of submittal as to whether the Applicant’s request satisfies the requirements of this Section.

1. Transportation SDC: If the Applicant believes the number of trips generated by the New Development is less than the number of trips estimated by the City’s established transportation SDC methodology, including the assumed Person-trip generation, the Applicant must provide complete and detailed documentation, including verifiable trip generation data, analyzed and certified to by a Professional Traffic Engineer. The Applicant’s supporting documentation must rely upon generally accepted sampling methods, sources of information, cost analysis, traffic and 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 by a registered engineer explaining with particularity why the rate established in the City’s transportation SDC methodology does not accurately reflect the New Development’s impact on the City’s capital improvements and that the Applicant’s alternative trip generation profile better or more accurately reflects the New Development’s trip generation.

2. Water and Sewer SDC: If the Applicant believes its New Development will use significantly less water or generate significantly less sanitary sewage than the amounts assumed in the City’s adopted water and sanitary sewer SDC methodologies, the Applicant must provide complete and detailed documentation certified to by a Professional Engineer that unusual or innovative fixtures, and water use and water recapture methods will be employed. To document that significantly less water will be used, the Applicant shall document that the New Development will use a water meter at least one size smaller than a comparable conventional New Development would use. To document that significantly less sanitary sewage will be generated, the Applicant shall document that the New Development will generate no more than 50% of the sewage generated by a comparable conventional New Development.

3. Stormwater Drainage and Flood Control SDC: If the Applicant believes its New Development will generate significantly less stormwater runoff than the volume assumed in the City’s adopted stormwater SDC methodology, the Applicant must provide complete and detailed documentation certified to by a Professional Engineer as to the innovative stormwater capture, retention and reuse methods that will be employed to retain on site all stormwater runoff and that none will be released or discharged off-site into the City’s stormwater system.

B. The City Manager shall apply the Alternative SDC Rate if, in the City Manager’s opinion, all of the following circumstances are found to exist:

1. The evidence and assumptions underlying the Alternative SDC Rate are reasonable, correct and credible and were gathered and analyzed by a suitable, competent professional in compliance with generally accepted engineering principles and methodologies and consistent with this Section, and

2. The calculation of the proposed Alternative SDC rate was by a generally accepted methodology and any innovative designs, systems or techniques are reasonable, proven and likely to function as designed, and

3. The proposed alternative SDC rate better or more realistically reflects the actual impact of the New Development than the rate derived from use of the City’s SDC methodology.

C. The City Manager shall approve, reject or modify the Applicant’s requested SDC calculation or exemption request and provide a written response to the Applicant’s request explaining the basis for the decision.