An applicant for development approval may elect to have an independent determination of the development fees due for the development project in accordance with this Section. Any applicant who makes this election shall prepare and submit to the Administrator an independent fee study for the development project for which discretionary development approval is sought.

An applicant wishing to submit an independent study should notify the Administrator of such intent and the Administrator shall require the applicant to attend a pre-development approval application meeting with the Administrator to establish appropriate guidelines for the independent study. Documentation, substantive studies and process requirements reached at the pre-application meeting regarding methodology, required forms or documentation, or procedures shall be included in a written memorandum by the Administrator. A copy of this memorandum shall be sent to the applicant. The documentation, substantive studies and process requirements set out in the memorandum shall expire in thirty (30) days unless the applicant files with the Administrator a written acknowledgement receipt and acceptance of the memorandum within the thirty (30) day period.

All independent fee studies shall be prepared for review and submitted to the Administrator no later than at the time of application for the discretionary development approval. Any submission not so made shall be deemed waived.

Each independent fee study shall comply in all respects with the requirements of this Section and be organized in a manner that will allow the Administrator to readily ascertain such compliance.

Each independent fee study shall comply with all other written specifications as may be required by the Administrator from time to time.

The Administrator shall determine the appropriate development fees based on the results of the independent fee study and the applicable development fee schedule.

A development fee calculated in accordance with this Subsection and approved and certified in writing by the Administrator shall be valid for four years following the certification. Following such period, a new application for an independent fee study shall be made. Any change in the submitted development subdivision or site plan that in any material way affects said fee calculation shall void the certification of the fee.

The decision of the Planning Commission or Board shall, in all instances, be the final administrative decision and shall be subject to judicial review in accordance with applicable law.

See § 12.5: DEVELOPMENT FEES for complete, detailed information.