11.08.060 Computation of the amount of impact fee.
1. The amount of the impact fee shall be determined by the following formula:
a. Development cost for storm water facilities related to new growth
b. Total new growth households
c. Credit for past payments
d. Credit for future payments
(a\b) = Total Cost
TC - (TC*c) - d = Impact Fee
i. If a land use application or building permit is requested for mixed uses, then the fee shall be determined using the above schedule by apportioning the space committed to uses specified on the schedule.
ii. If the type of development activity that a land use applications or building permit is applied for is not specified on the above fee schedule, the Mayor shall use the fee applicable to the most comparable type of land use on the above fee schedules. The Mayor shall be guided in the selection of a comparable type by the Lindon City General Plan, supporting documents of the Lindon City General plan, and the Lindon City Zoning Ordinance. If the Mayor determines that there is not comparable type of land use on the above fee schedule then the Mayor shall determine the appropriately discounted fee by considering the demographic or other documentation which is available from state, local, and regional authorities.
iii. In the case of change of use, redevelopment, or expansion or modification of an existing use which required the issuance of a land use application or building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use.
2. If the fee payer opts not to have the impact fee determined according to paragraph 1 of this section, then the fee payer shall prepare and submit to the Mayor an independent fee calculation study for the land development activity for which a land use application or building permit or permit for mobile home installation is sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. The Mayor shall consider the documentation submitted by the fee payer but is not required to accept such documentation as he/she shall reasonably deems to be inaccurate or not reliable and may, in the alternative, require the fee payer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the fee payer shall pay impact fees based upon the schedule shown in paragraph 1 of this section. If an acceptable independent fee calculation study is presented, the Mayor may adjust the fee to that appropriate to the particular development. Determinations made by the Mayor pursuant to this paragraph may be appealed to the City Council by filing a written appeal request with the Mayor within ten (10) days of the Mayor's determination. (Ord. 97-11, adopted, 2000)