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A. If, on the basis of individual development costs, employment load, or other similar data, an applicant believes that the FILC or construction requirement would be excessive, as applied to its development application, the applicant may submit to the City data, calculations, and evidence in support of an alternative to the FILC or the construction requirement. All such materials shall be accompanied by supporting cost or other data (e.g., land contracts, construction contracts, or the like) and be accompanied by a written attestation by the applicant signed under penalty of perjury. Any independent feasibility analysis offered under this section shall be performed in substantial conformity with the methodology employed by the City pursuant to Phase I and Phase II, Assured Housing Nexus Fee Analysis for the City of Moab, March 2018 and May 2018, respectively, by BAE Urban Economics, or such successor studies as may be adopted by the City.

B. The City Manager shall review materials submitted by the applicant or evidence submitted by City staff (if any) and may: approve the independent analysis; reject the independent analysis and order the applicant to pay the FILC; or order that the applicant pay an alternative sum supported by the evidence.

1. The applicant shall be provided copies of any staff comments or materials submitted to the City Manager and be given a reasonable period of time in which to respond to any submittals prior to issuance of a decision.

2. The City Manager shall provide his/her decision in writing and explain the basis for the conclusion reached. In reaching a decision the City Manager has discretion to weigh the strength and credibility of the evidence offered in the matter. (Ord. 18-20 (part), 2018)