A. The applicant may opt not to have the TIFs determined according to the fee structure listed in the TIF rate schedule, in which case the applicant shall prepare and submit to the director a traffic impact analysis in accordance with Chapter 15.40 BIMC, including an independent fee calculation for the proposed development activity. The documentation submitted shall be prepared using procedures consistent with those established in the current edition of the Institute of Transportation Engineers Trip Generation Manual. An independent fee calculation shall be limited to adjustments in trip generation rates used in the TIF 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.

B. There is a rebuttable presumption that the calculations set forth in the TIF rate study and the fees set forth in the TIF rate 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 unreliable. The director may require the applicant to submit additional or different documentation for consideration. The director is authorized to adjust the TIFs on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development and/or principles of fairness, or the director may select a more appropriate trip generation rate in the case that the proposed development activity is better described by an alternative land use code in the current edition of the Institute of Transportation Engineers Trip Generation Manual that is not found in the published rate schedule. (Ord. 2023-19 § 4, 2023; Ord. 2017-21 § 3, 2017: Ord. 2015-07 § 1, 2015)