HomeMy WebLinkAboutOrdinance 480 Impact Fees
ORDINANCE NO. 480
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
WINTER SPRINGS, FLORIDA, BY THE ADOPTION OF
ARTICLE VIII, CHAPTER 9, SEC. 9-386, "IMPACT
FEES" , PROVIDING FOR THE IMPOSITION OF
"TRANSPORTATION IMPACT FEES"; PROVIDING FOR
SHORT TITLE, AUTHORITY AND APPLICATION;
SETTING FORTH INTENT AND PURPOSE; PROVIDING
RULES OF CONSTRUCTION; PROVIDING DEFINITIONS;
PROVIDING LIMITATIONS ON ISSUANCE OF BUILDING
PERMITS; PROVIDING FOR DETERMINATION OF ROAD
IMPACT FEES; PROVIDING FOR A ROAD IMPACT FEE
RATE SCHEDULE; PROVIDING FOR INDEPENDENT
IMPACT FEE CALCULATION; PROVIDING FOR
PRESUMPTIONS AND AGREEMENTS; PROVIDING FOR
CREDITS; PROVIDING FOR DETERMINATION OF
VESTED RIGHTS; PROVIDING FOR EXCLUSION OF
SITE RELATED ROAD IMPROVEMENTS FROM IMPACT
FEE CALCULATIONS; PROVIDING EXEMPTIONS;
PROVIDING FOR A TRUST FUND, COLLECTION AND
USE OF FUNDS COLLECTED AND THE RETURN OF
UNUSED FUNDS; PROVIDING FOR ANNUAL REVIEW;
PROVIDING FOR PENALTIES; PROVIDING FOR
APPEALS OF IMPACT FEE DETERMINATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, future growth and new development in Winter Springs
require a substantial increase in transportation; and
WHEREAS, the City Commission of Winter Springs has
determined that future growth and development should pay a fair
share of the cost of providing new capital facilities needed to
serve new growth and development; and
WHEREAS, the City Commission has commissioned a
comprehensive and exhaustive professional study to accurately
identify the capital costs of transportation associated with new
growth and development; and
WHEREAS, State Law, Florida Statute 163, Part II, provides
that future growth and new development shall not be permitted
unless adequate capital facilities exist; and
WHEREAS, the City Commission has and does hereby determine
that no degradation in the service capacity of its transportation
shall be permitted as a result of future growth and new .
development;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS:
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1/25/90
SECTION ONE: THE CODE OF THE CITY OF WINTER SPRINGS, FLORIDA IS
HEREBY AMENDED BY THE ADOPTION OF ARTICLE VIII, CHAPTER 9,
SECTION 9.386, "TRANSPORTATION IMPACT FEES" TO READ AS FOLLOWS:
Sec. 9-386.01 Short Title, Authority and Applicability
A. This Chapter shall be known and may be cited as the "City of
Winter Springs Road Impact Fee Chapter."
B. The planning for new and expanded roads needed to serve new
growth and development that generate additional traffic and
the implementation of these needs plans through the
comprehensive planning process are the responsibility of the
City under Part II of Chapter 163, Florida Statutes,
Section 163.3161 et. seq., Florida Statutes as amended by
Chapter 85-55, Laws of Florida, Chapter 166, Florida
Statutes, various special acts relating to the power of the
City of Winter Springs undertaking zoning, planning and
development activities, and is in the best interest of the
health, safety, and welfare of the citizens of the City.
Sec. 9-386.02 Intent and Purpose
A. This Chapter is intended to be consistent with the
principles for allocating a fair share of the cost of new
public facilities to new users as established by the Florida
Supreme Court.
B. The implementation of a regulatory program that requires new
development to pay a "Road Impact Fee" that does not exceed
a prorata share of the reasonably anticipated expansion
costs of new municipal collector roads needed to serve new
growth and development is the responsibility of the City in
order to carry out the traffic circulation element of its
Comprehensive Plan, as required under Section 163.3161
et.seq., Florida Statutes, and is in the best interest of
the health, safety and welfare of the citizens of the City
of Winter Springs.
C. The purpose of this Chapter is to enable the City of Winter
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Springs to allow growth and development to proceed in
compliance with the Growth Management Plan, and Florida case
and statutory law and to regulate growth and development so
as to require growth and development to share in the burdens
of growth by paying its prorata share for the reasonably
anticipated costs of needed municipal collector roadway
improvements.
D. It is not the purpose of this Chapter to collect fees from
growth and development in excess of the cost of the
reasonably anticipated improvements to the municipal
collector road network needed to serve the new growth and
development. It is specifically acknowledged that this
Chapter has approached the problem of determining the road
impact fee in a conservative and reasonable manner.
E. The technical data, findings and conclusions herein are
based on the Comprehensive Plan of the City of Winter
Springs and in part on the following studies and reports
which are hereby adopted:
* Trip Generation, ITE (4th Edition), as updated in 1987
* Orlando Urban Area Transportation Study
* Special Report 209, Highway Capacity Manual,
Transportation Research Board, 1985
* Cost per Lane Mile - City of Winter Springs Study 1989
* Existing Traffic Circulation Analysis, City of Winter
Sprinqs Study, September, 1989, Tipton Associates
Incorporated and Leftwich Consulting Engineers, Inc.
* Input Data for Seminole and Vol usia Counties for
Calculatinq Transportation Impact Fees for Convenience
Stores, August, 1989, Tipton Associates Incorporated.
Sec. 9-386.03 Rules of Construction
For the purpose of administration and enforcement of this
Ordinance, unless otherwise stated in this Chapter, the following
rules of construction shall apply:
A. In case of any difference of meaning or implication between
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the text of this Chapter and any caption, illustration,
summary table or illustrative table, the text shall control.
B. The word "shall" is always mandatory and not discretionary;
the word "may" is permissive.
C. Words used in the present tense shall include the future and
words used in the singular number shall include the plural
and the plural the singular, unless the context clearly
indicates the contrary.
D. The word "person" includes an individual, a corporation, a
partnership, an incorporated association, or any other
similar entity.
E. Unless the context clearly indicates the contrary, where a
regulation involves two (2) or more items, conditions,
provisions, or events connected by the conjunction "and",
"or" or "either...or", the conjunction shall be interpreted
as follows:
(1) "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions,
provisions or events may apply singly or in any
combination.
(3) "Either.. .or" indicates that the connected items,
conditions, provisions or events shall apply singly but
not in combination.
F. The word "includes" shall not limit a term to the specific
example but is intended to extend its meaning to all other
instances or circumstances of like kind or character.
Sec. 9-386.04 Definitions
Access Improvement: Road Improvements necessary to provide
safe and adequate ingress and egress and for efficient traffic
operations. Access improvements include but are not limited to
the following:
(a) right-of-way and easements;
(b) left and right turn lanes;
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(c) acceleration and deceleration lanes;
(d) traffic control devices, signage, and markings; and
(e) drainage and utilities
Accessory Buildinq, Structure or Use: A detached,
subordinate building, structure or use, the use of which is
clearly incidental to and serves the principal building or use of
the land and which is located on the same lot as that of the
principal building or use.
Applicant: Any person who applies for a building permit or
certificate of occupancy.
Arterial Roads: A classification of roads which primarily
functions to accommodate the movement of relatively large traffic
volumes for relatively long distances at relatively high speeds.
Land access, when provided, is subservient to the movement
function. This classification includes all roads which function
above the level of a municipal collector road.
Averaqe Trip Length: The average length in miles of trips
for each major land use category as determined from the Orlando
Urban Area Transportation Study and adjusted to reflect the
travel characteristics in the Orlando GMP Study Area, and special
studies for particular land uses conducted by registered
professional engineers.
Building: Any permanent structures designed or built for
the support, shelter or protection of persons, animals, chattels
or property of any kind.
Building Permit: Any building or construction permit
required under the Winter Springs Building Code (Chapter 5 of the
City Code).
Capacity: Capacity Per Lane: The maximum number of
vehicles for a given time period which a typical new lane can .
safely and efficiently carry at a specified level of service.
For the purpose of this Chapter, the capacity of a typical new
lane shall mean 9,000 vehicles per day per through lane at Level
of Service "0".
Capacity Per Lane Mile: The product of the capacity per
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lane times one lane mile. For the purpose of this Chapter, the
capacity per lane mile of a typical new lane shall mean 9,000
vehicles per day per through lane per mile at Level of Service
"D" .
Captured Traffic: Diverted Traffic plus Passer-by-Traffic.
Municipal Collector Roads: Minor Collector Roads: An
intermediate classification of roads which provides both land-
access and movement service for medium length trips at relatively
moderate speeds. Municipal collector roads connect local streets
to arterial streets.
Development Permit: Includes any building permit, zoning
approval, subdivision approval, rezoning, development order,
special exception, variance, or any other official action of
local government having the effect of permitting the development
of land.
Development Site: The property under consideration for
development and under single ownership at the time of
application.
Diverted Traffic: Traffic that is already on the road
network, which is attracted by the new land development and which
may be transferred from another route.
Encumbered: Funds committed in a capital improvements
program for a specified improvement on a specified time schedule.
Expansion: Road and intersection capacity enhancements
which include but are not limited to extensions, widenings,
intersection improvements, upgrading signalization and improving
pavement conditions.
External Trip: Any trip which has either its origin or
destination at the development site but not both.
Gross Building Area: For purposes of the Chapter, gross
building area shall be the total gross square footage.
Gross Leasable Area: For purposes of the Chapter, gross
leasable area shall be the total gross square footage less ten
percent (10%) or the documented common area if greater than ten
percent (10%).
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Impact: The negative effect of additional vehicles on a
roadway segment.
Internal Trip:
Any trip which has both its origin and
destination within the development site.
Land Development: Any building, structure or other land use
including the uses associated with the building, structure or
land.
Land Development Activity Generatina Traffic: The carrying
out of any building activity or the making of any material change
in the use or appearance of any building, structure or land that
attracts or produces vehicular trip(s) over and above that
produced by the existing use of the land.
Land Use: For the purpose of calculating the proper impact
fee for each land use provided in the Impact Fee Schedules, the
definitions provided for applicable land uses in the ITE Trip
Generation Notebook - Fourth Edition (1987) shall apply.
Level of Service "0": LOS "0": The average daily condition
which is established herein as the minimum acceptable standard.
Level of Service "0" shall have the same meaning as set forth in
the Transportation Research Board's 1985 Highway Capacity Manual,
Special Report 209, which is substantially as follows:
Level-of-Service "0" represents high-density but stable
flow.
Speed and freedom to maneuver are severely
restricted, and the driver experiences a generally poor
level of comfort and convenience.
Small increases in
traffic flow will generally cause operational problems at
this level.
Average travel speeds are about forty
percent (40%) of free flow speed.
Local Roads:
A classification of roads which primarily
functions to accommodate land access for abutting property.
Local roads may provide service for relatively small traffic
volumes for relatively short distances at relatively low speeds.
Through traffic movement, when provided, is subservient to the
land access function.
This classification includes all roads
which function below the level of a municipal collector road.
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Maior Road Network: The interconnecting system of roads
classified as arterial and collector roads established by the
Orlando Urban Area Transportation Study, Long Range
Transportation Plan, as amended, or the interconnecting system of
roads classified as trafficways established by the Winter Springs
Comprehensive Plan, as amended. The Major Road Network includes:
1. Existing arterial and collector roads or trafficwaysi
2. Planned extensions to existing arterial and collector
roads or trafficways; and
3. Planned new arterial and collector roads or
trafficways.
Marqinal Cost: The additional cost incurred to provide a
non-site related improvement over and above that which would be
necessary to only provide the site-related improvement needed to
serve the development.
Non-Site Related Improvements: Road improvements, including
rights-of-way, which are necessary to provide safe and adequate
travel service for the movement of vehicular traffic, and which
are in excess of or in addition to site related improvements.
Non-site related improvements may include on-site or off-site
improvements to the municipal collector road network. The Road
Impact Fee formula contained in this Chapter is designed to
calculate the costs inherent in the construction of non-site
related at-grade improvements to the municipal collector road
network.
Off-Site Improvements: Road improvements located outside of
the boundaries of the development site which are necessary to
provide safe and adequate travel service for vehicular traffic.
On-Site Improvements: Road improvements located within the
boundaries of the development site which are necessary to provide
safe and adequate travel service for vehicular traffic.
Passer-by-Traffic: Traffic already on the road adjacent to
the development site.
Road Impact Fee: Impact Assessment: Fee: The fee required
to be paid in accordance with this Chapter.
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Road Improvements: A physical asset, constructed or
purchased, that is necessary to provide safe and adequate travel
service for vehicular traffic. The acquisition, expansion or
development of road improvements includes transportation
planning, preliminary engineering, engineering design studies,
land surveys, right-of-way acquisition, engineering, permitting,
inspection and testing during construction, and construction of
all the necessary features for any road construction project
including, but not limited to:
(a) construction of the thru lanes;
(b) construction of turn lanes;
(c) construction of bridges;
(d) construction of drainage facilities in conjunction with
roadway construction;
(e) purchase and installation of traffic signalization,
signage and markings;
(f) construction of curbs, medians and shoulders, and
(g) relocating utilities to accommodate roadway
construction.
Road Network: The interconnecting system of streets, roads,
highways and other public ways open to vehicular travel by the
public generally and dedicated to the public use. The road
network includes existing public roads, planned extensions to
existing public roads and planned new roads.
Site Related Improvements: Road improvements, including
rights-of-way, which are necessary to provide safe and adequate
travel service for the movement of vehicular traffic between the
traffic-generating land uses within the development, between the
development and the major road network and access improvements.
Site-related improvements may include on-site improvements to the
road network. The Road Impact Fee formula contained in this
Chapter is not intended to assess an amount that constitutes an
approximation of the costs to construct site related road
improvements, therefore, an assessment for or the construction of
site related road improvements shall be considered as an addition
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to the assessment calculated pursuant to the terms of this
Chapter.
Structure: Anything constructed, erected or placed, the use
of which requires more or less permanent location on or in the
ground or attached to something having a permanent location on or
in the ground.
Traffic-Generating Land Uses: Traffic-Generatinq Develop-
ment: Any building, structure or other use of the land that
increases the generation of vehicular trips over and above that
generated by the previous use.
Trafficways: A classification of roads, related to planning
and design criteria, which primarily functions to facilitate the
through movement of traffic rather than providing direct access
to abutting properties.
Trip: The movement of vehicular travel from an origin to a
destination. For the purposes of this Chapter, trip shall have
the meaning which it has in commonly accepted traffic engineering
practice and which is substantially the same as that definition
in the previous sentence.
Trip Generation: The attraction or production of trips
caused by the use or activity associated with a given type or
classification of land development.
Trip Rate: Trip Generation Rate: The average number of
vehicle trips which can be attributed to a specific type of land
use activity per unit of development per day as documented in the
ITE Trip Generation Report, Fourth Edition (1987).
Unit of Development: The standard incremental measure of
land development activity for a specific type of land use upon
which the trip generation rate is based as documented in the ITE
Trip Generation Report, Fourth Edition (1987).
Vehicle Miles of Travel: Lane Miles: The sum of the
product of the length of each roadway link times the number of
trips on each link as identified in the Winter Springs Future
Year Network with Existing Traffic Volumes Study attached as
Exhibit "A" and hereby adopted.
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Sec. 9-386-05 Limitations on Issuance of Buildinq Permits
Any person who applies for the issuance of a building permit
for land development activity which will generate additional
traffic shall be required to pay a road impact fee in the manner
and amount set forth herein.
Except as provided elsewhere in this Chapter, no building
permit for any land development activity generating traffic
requiring paYment of a road impact fee pursuant to this Chapter
shall be issued unless and until the road impact fee hereby
required has been paid.
Except as provided elsewhere in the Chapter, no person shall
carry out any land development activity generating traffic unless
and until the road impact fee required by this Chapter has been
paid and a building permit has been issued.
Sec. 9-386.06 Determination of Road Impact Fees
The Road Impact Fee for any land development activity
generating traffic shall be determined either by using the fee
rate schedule set forth in Section 9-386.07 of this Chapter or by
using the independent method of calculation set forth in Section
9-386.08 of this Chapter. Also, any applicant may propose to
enter into an impact agreement with the City as set forth in
Section 9-386.10 of this Chapter in order to establish just and
equitable impact fees or their equivalent which are appropriate
to the specific circumstances of the land development activity
generating traffic.
Sec. 9-386.07 Road Impact Fee Rate Schedule
Any person may determine their Road Impact Fee by using the
fee rate schedule presented in Exhibit "B" and hereby adopted.
The fee rate schedule is presented for the convenience of the
public and may be used in lieu of the independent method of
calculation set forth in Section 9-386.08 of this Chapter. The
fee rates have been calculated using the method of calculation
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presented in Section 9-386.08 using recognized accepted trip
generation rates based upon acceptable national and local
averages. For the convenience of the public the fee rates which
are based on trip generation have been converted to dollar
amounts per unit of development, i.e., per dwelling unit, per
1,000 square feet, per room, etc., depending upon the type or
classification of land development. The road impact fee is
determined by the following provisions:
A. Road Impact Fee Rate Schedule: See Exhibit "B".
B. The total road impact fee for a specified type of land
development activity is calculated by multiplying the Impact
Fee Rate for the specified type of land development activity
by the number of units of development of the specified type
of development activity.
C. When a land development activity for which an application
for a building permit has been made includes two or more
buildings, structures or other land uses in any combination,
including two or more uses within a building or structure,
the total road impact fee assessment shall be the sum of the
products, as calculated above, for each and every building,
structure or other use, including each and every use within
a building or structure, unless otherwise provided for in
this Chapter. For purposes of clarification, the impact fee
schedule in Exhibit "B" applicable to Convenience Markets
includes and accounts for impact of land use for gas pump
operation.
D. In the case of a change of use, redevelopment, or
modification of an existing building, structure or other
land development activity which requires the issuance of a
building permit, the impact fee shall be based upon the net
increase in the impact fee for the new or proposed land
development activity as compared to the existing or last
previous land use or activity.
E. In the case of a demolition of an existing building or
structure, the impact fee for future redevelopment shall be
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based upon the net increase in the impact fee for the new or
proposed land development activity as compared to the land
use of activity existing prior to demolition. Credit for
the prior use shall not be transferable to another location.
F. In the case of a relocation of a building or structure, an
impact fee shall be assessed to the relocated building at
its new location. Future redevelopment of the old location
from which the building was removed will receive a credit
against the impact fee assessed equal to the impact fee that
would have been assessed against the relocated structure.
Credits shall not be transferable to the new location.
G. In order to take advantage of Sections D, E, or F ( above)
and pay impact fees only for the net increase in development
activity, the applicant shall provide reasonably sufficient
evidence that the previous land use or activity was actually
maintained on the site at any time during the five (5) year
period prior to the date of application for the new
development approval. Such evidence may include proof of
utility records, records for the use sought to be shown, or
other documentation. Occupational license issuance is not
of itself substantial proof.
H. In the event that an applicant for building permit or the
City of Winter Springs contends that the land use for which
the building permit is proposed is not within the categories
listed in the impact fee schedule, Exhibit "B", or fits
within a different category, then the City Manager, or his
designee shall make a determination as to the appropriate
land use designation which is consistent with current
practices to add land use categories to the Fee Rate
Schedule following submission to the City Commission. In
addition, either the City or the applicant can propose
actual studies or surveys in order to calculate the most
appropriate fee rate. Such determination may be appealed to
the City Commission of the City of Winter Springs.
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Sec. 9-386.08 Independent Impact Fee Calculation
A. In the event an applicant believes that the impact of
his development on the municipal collector road network
will be less than that presumed in this Chapter, the
applicant may submit a proposed scope of work for
determining an independent fee calculation which shall
comply with the requirements of Section 9-386.08(C) of
this Chapter. Upon approval of the scope of work
the applicant may submit an independent fee calculation
to the City Manager or his designee, pursuant to the
provisions of this section. If the City Manager , or
his designee, finds that the data, information and
assumptions used by the applicant to calculate the
independent impact fee satisfy the requirements of this
section, the independent impact fee shall be deemed the
impact fee due and owing for the proposed development.
Since processing of independent impact fee calculations
involves significant City Staff time, applicants should
submit their independent impact fee calculation at
least sixty (60) days prior to the date they will need
a final determination of their impact fee.
Alternatively, an applicant may pay the impact fee
normally required at the time of seeking a building
permit, subject to possible reimbursement of any excess
paid according to the final independent impact fee
determination. The City's costs for administering and
evaluating the independent impact fee, including but
not limited to the cost of independent consulting
engineers, shall be born by the applicant.
B. Independent Impact Fee Calculation. The independent
impact fee shall be calculated by use of the following
formulas:
(1) Calculation of New Miles of Travel:
NMT =
(TGR) (PNT) (DDF) (ATL) (PVM)
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NMT =
TGR =
PNT =
New Miles of Travel on the City
Municipal Collector System for a
specific land use.
Trip Generation Rate in average daily
trips generated per unit of development.
Percent of New Trips. The percentage of
traffic or vehicle miles of travel
expressed as a decimal, that constitute
new or additional vehicle traffic added
to the road network. This factor is
used to adjust the new miles of travel
for captured trips already on the road
network.
DDF = Daily Distribution Factor is based upon
the percentage of daily trips occurring
in the P.M. peak hour, in relation to
the average of 10% of the daily traffic
occurring during the P.M. peak hour.
This factor is used to more accurately
reflect the impact of a particular
development on the most critical traffic
hour, the P.M. peak hour.
ATL = Average Trip Length.
PVM = Percentage of Vehicle Miles on the
Municipal Collector Network. This
factor reduces the impact fee to reflect
only trips made on the Municipal
Collector Road Network.
( 2) Calculation of New Lane Miles of Travel Charged to
Applicant:
NLM = (NMT)/[(2)(CAP)]
NLM = New Lane Miles of Travel for a specific land
use.
NMT =
2 =
New Miles of Travel.
A constant that assigns one half (1/2) of the
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new land miles of travel to the land
development(s) at the other end of the
trip (s) .
Typical new capacity per lane mile expressed
in vehicles per day. The typical new
capacities reflect an adjustment for capacity
at Level of Service "0".
(3) Calculation of the Impact Fee Rate:
IFR = (NLM) (SCC)
IFR = Impact Fee Rate for a specific land use.
NLM = New Lane Miles of Travel.
SCC = Typical construction cost, including right-
of-way, for one lane mile of an at-grade
roadway.
C. Data, Information and Assumption Requirements: The
independent impact fee calculations shall be based on data,
information or assumptions contained in this Chapter or
independent sources, provided that:
(1) The independent source is an accepted standard source
of transportation engineering or planning data, or
( 2 ) The independent source is based on actual studies or
surveys conducted in the Orlando Urban Area, or with
the specific approval of the City Manager, or his
designee, in other urban areas and carried out by a
qualified registered engineer pursuant to an accepted
methodology of transportation planning or engineering.
D. Total Road Impact Fee Calculation: The total road impact
fee assessment for a specified type of land development
activity generating traffic for which an application for a
building permit has been made is calculated by use of the
following formula:
TIF = (IFR) (NUD)
TIF = Total Impact Fee assessed.
IFR = Impact Fee Rate for specific land use as
determined in Section 9-386.08(B)(3) above.
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NUD = Number of units in a development of the
specified type of development activity.
E. When a land development activity for which an application
for a building permit has been made includes two or more
buildings, structures or other land uses in any combination,
including two or more uses within a building or structure,
the total road impact fee assessment shall be the sum of the
products, as calculated above, for each and every building,
structure or other use, including each and every use within
a building or structure, unless otherwise provided for in
this Chapter.
F. In the case of a change of use, redevelopment, or
modification of an existing building, structure or other
land development activity which requires the issuance of a
building permit, the impact fee shall be based upon the net
increase in the impact fee for the new or proposed land
development activity as compared to the existing or last
previous land use or activity.
G. A determination by the City Manager or his designee, that
the independent calculation does not satisfy the
requirements of this section may be appealed to the City
Commission of the City of Winter Springs.
Sec. 9-386.09 Presumption of Maximum Impact
Development is presumed to have the maximum impact on the
municipal collector road network. The proposed development
activity for which an application for a building permit has been
filed shall be presumed to generate the maximum number of average
daily vehicle trips, vehicle miles of travel and lane mile of
travel to be generated by the most appropriate land use
category(s) as determined by the City Manager, or his designee.
Sec. 9-386.10 Impact Aqreement
Any applicant may propose to enter into an impact agreement
with the City designed to establish just and equitable fees or
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their equivalent and standards of service needs appropriate to
the circumstances of the specific development proposed.
A. Such an agreement may include, but shall not be limited to
provisions which:
(1) Modify the presumption of maximum impact set forth in
Section 9-386.09 of this Chapter and provide an impact
fee which may differ from that set forth in Section 9-
386.07 of this Chapter by specifying the nature of the
proposed development for purposes of computing actual
trips, provided that the agreement shall establish
legally enforceable means for ensuring that the actual
number of trips generated will not exceed the estimated
trips generated by the agreed upon development.
(2) Permit the construction of specific transportation
improvements in lieu of or with a credit against the
road impact fee assessable.
(3) Permit a schedule and method for payment of the fees in
a manner appropriate to the particular and unique
circumstances of the proposed development in lieu of
the requirements for payment of the fees as set forth
in Section 9-386.08, provided that security is posted
ensuring payment of the fees, in a form acceptable to
the City, which security may be in the form of a cash
bond, surety bond, negotiable certificate of deposit or
escrow account, or lien or mortgage on lands to be
covered by the building permit.
(4) Provide for a transfer of credits as provided for in
Section 9-386.11 of this Chapter to any successor in
interest of land.
B. Any agreement proposed by an applicant pursuant to this
subsection shall be presented to and approved by the City
Commission prior to the issuance of a building permit. Any
such agreement shall provide for execution by mortgagees,
lienholders or contract purchasers in addition to the
landowner, and shall require the applicant to record such
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agreement in the Official Records of Seminole County. The
City Commission shall approve such an agreement only if it
finds that the agreement will apportion the burden of
expenditure for new facilities in a just and equitable
manner, consistent with the principles set forth in Florida
Statutes and case law.
Sec. 9-386.11 Credits
A. An applicant shall be entitled to a credit against future
road impact fees assessed pursuant to this Chapter for
contributions, dedications or improvements required by the
City or through agreements with the City, as a condition of
any development permit by the City, and said credit shall be
in an amount equal to:
(1) The cost of non-site related improvements to the
municipal collector road network (including on-site and
site adjacent collectors to the extent such
improvements are in excess of or in addition to site
related improvements), or
(2) The contribution of land, money or services for non-
site related improvements to the municipal collector
road network (including on-site and site adjacent
municipal collectors to the extent such improvements
are in excess of or in addition to site related
improvements), or
(3) Non-site related roadway improvements previously
contributed, paid for or committed to by the applicant
or his predecessor in interest (including on-site and
site adjacent municipal collectors to the extent such
improvements are in excess of or in addition to site
related improvements).
a. No credit will be granted pursuant to this
subsection unless the cost of the improvements
were paid for and the contributions made within
the last five (5) years, and
19
b. Any petition for the issuance of credits pursuant
to this subsection must be filed with the City
Manager within one (1) year of the effective date
of this Chapter.
B. The credits shall be based on but not limi ted to the
following criteria:
( 1) The actual cost, or estimated cost of improvements
based on recent bid sheet information of the City of
Winter Springs or Seminole County; and
(2) A prorata share of the appraised land value of the
parent parcel as determined by calculating 120% of
appraised value according to the Seminole County
Property Appraiser's Office.
(3) Any credit issued shall take into account as an offset
to said credit an amount equal to the impact fee
imposed by Section 9-386.07 herein multiplied by the
number of units of development permitted to date as if
this Chapter had been in effect at the time of issuance
of said permits.
( 4 ) The marginal cost of the required improvement, taking
into consideration the difference between the cost of
the required improvement and the cost of the needed
site related improvement that would have been required
in any case.
C. Previous development permits wherein voluntary road impact
fees were specified and paid shall be binding as to any
building permit already issued on land subject to the
development permit. Road improvements required by previous
development permits shall not be given a credit unless they
meet the requirements of subsection A. and B. above.
D. Any credit issued pursuant to this Section may only be
transferred by the holder of said credits to any successor
in interest in the parcel of land to which the credit
pertained.
E. Any agreement for the issuance of credits against any Road
20
Impact Fee assessed pursuant to this Chapter shall be
included in an impact agreement as set forth in Section 9-
386.10 of this Chapter.
F. Any petition for the issuance of credits against any Road
Impact Fee assessed pursuant to this Chapter shall be
submitted to the City Manager, or his designee, and must
contain:
(1) A notarized sworn statement that the petitioner is the
current owner of the property;
(2) A copy of any impact agreement, credit agreement, or
other documentation on which the applicant relies for
the claim which may pertain to the issuance of such
credits;
(3) A certified copy of the latest recorded deed; and
( 4 ) Such other information which may be reasonably
necessary to ascertain current ownership of the
property and the current status of the agreements for
credits.
Sec. 9-386.12 Vested Riqhts
A. A developer or successor in interest of land which has
received a development permit may petition the City
Commission for a vested rights determination which would
exempt the petitioner from the provisions of this Chapter.
Such petition shall be evaluated by the City Attorney and a
recommendation thereon submitted to the City Commission
based on the following criteria:
(1) There exists a valid, unexpired governmental act of
authorizing the specific development for which a
determination is sought;
(2) Expenditures or obligations made or incurred in
reliance upon the authorizing act that are reasonably
equivalent to the fees required by this Chapter;
(3) That it would be inequitable to deny the petitioner the
opportunity to complete the previously approved
21
development under the conditions of approval by
requiring the developer to comply with the requirements
of this Chapter. For the purposes of this paragraph,
the following factors shall be considered in
determining whether it would be inequitable to deny the
petitioner the opportunity to complete the previously
approved development.
(i) whether the injury suffered by the
petitioner outweighs the public cost of
allowing the development to go forward
wi thout payment of the fee required by
this Chapter;
(ii) whether the expenses or obligations were
made or incurred subsequent to
January 22, 1990, after which date the
adoption of this Chapter was pending;
and
( iii) whether the operation of this Chapter
would create an onerous burden which
would prevent petitioner from making a
reasonable return on his investment.
B. The City of Winter Springs shall not permit the extension of
a building permit beyond the initial time period for
activation without the applicant complying wi th the
provisions of this Chapter.
C. If a previously approved development order or other binding
agreement contained conditions regarding traffic impacts,
road impact fees and their designated uses, or off-site
transportation improvements, the developer or his successor
may request a modification of such prior approvals in order .
to bring the approval conditions into consistency with this
Chapter. Any such modification of prior approvals and
amendments to development orders so accomplished shall not
be deemed a substantial deviation under Chapter 380 of
Florida Statutes. Any petition for such modification of
22
prior approvals and amendments to development orders under
the provisions of this subsection must be filed with the
City Manager within one (1) year of the effective date of
this Chapter.
D. If a previously approved development order or other binding
agreement provides for the mitigation of the traffic impacts
of said development and if the City Manager, or his
designee, determines that such traffic impact mitigation
measure are substantially consistent with the requirements
of this Chapter, then the road impact fee payable for such
development under this Chapter shall be revised accordingly
to reflect the presumed traffic impact of said development.
There shall be a presumption that the traffic impact
mitigation provisions of any development order approved more
than five (5) years prior to the adoption of this Chapter
are not substantially consistent with the requirements of
this Chapter. This subsection shall not apply where a
development order previously approved provides that at such
time as the City of Winter Springs adopts a transportation
impact fee Chapter, thereafter the provisions and terms of
the adopted impact fee Chapter will apply to the development
project. Any petition for such modification of prior
approvals and amendments to development orders under the
provisions of this subsection must be filed with the City
Manager within one (1) year of the effective date of this
Chapter.
Sec. 9-386.13 Site Related Road Improvements
The Road Impact Fee formula contained in this Chapter is
designed to calculate the costs inherent in the construction of
non-site related improvements to the municipal collector road
network and is not intended to assess an amount that constitutes
an approximation of the costs to construct site related roadway
improvements. Therefore, if an assessment for or the
construction of site related roadway improvements are required as
23
a condition of development approval, then to the extent permitted
by law, said assessment or construction requirements shall be
considered as an addition to the assessment calculated pursuant
to the terms of this Chapter.
Sec. 9-386.14 Exemptions
The following shall be exempted from payment of the Road
Impact Fee:
A. Those land development activities which have received a
building permit prior to the effective date of this Chapter,
except as provided for in other Sections of this Chapter.
B. Alteration or expansion of an existing dwelling unit where
no additional units are created or the use is not changed.
C. The construction of accessory buildings or structures, to
the extent that there is no increase in trip generation and
which will not increase the external trip generation of the
principal building, structure or use.
D. The replacement of a destroyed or partially destroyed
building, structure, or use with a new building or structure
of like size, capacity and use to the extent that there is
no increase in trip generation.
E. Publicly owned and operated buildings or structures used for
general governmental purposes (to include but not limited
to sewer, stormwater, police, fire, ground transportation,
solid waste, parks, recreation and cultural purposes).
Sec. 9-386.15 Establishment of a Trust Fund
A. The impact fees collected by the City pursuant to this
Chapter shall be kept separate from other revenue of the
City.
B. Funds withdrawn from the account must be used solely in
accordance with the provisions of this Chapter. The
disbursal of such funds shall require the approval of the
City Commission of Winter Springs, upon recommendation of
the City Manager and staff.
24
Sec. 9-386.16 Collection of Road Impact Fee Assessment
A. Except as provided for in Section 9-386.10 of this Chapter,
the Road Impact Fee Assessment shall be due and payable at
the time of issuance of the building permit for the land
development activity generating traffic.
B. The road impact fee shall be collected by the City Manager,
or his designee.
Sec. 9-386.17 Use of Funds Collected
A. The funds collected by reason of establishment of the road
impact fee in accordance with this Chapter shall be used
solely for the purpose of administering, planning,
acquisition, expansion and development of non-site related
improvements to the municipal collector road network
determined to be needed to serve new development, including,
but not limited to:
(1). corridor studies and environmental assessments,
(2). design and construction plan preparation,
(3) right-of-way acquisition,
(4). construction of new through lanes,
(5). construction of new turn lanes,
(6). construction of new bridges,
(7). construction of new drainage facilities in conjunction
with new roadway construction,
(8). purchase and installation of traffic signalization,
(9). construction of new curbs, medians and shoulders,
(10).construction inspection and testing.
B. All funds shall be used in a manner consistent with the
principles set forth in State case and statutory law and .
otherwise consistent with all requirements of the
Constitution of the United States and the State of Florida
and all applicable laws. Said funds shall not be used to
maintain or repair any roads.
C. Interest on Funds. Any funds on deposit not immediately
25
necessary for expenditure shall be invested in interest-
bearing accounts. All income derived shall be deposited in
the trust account.
D. The City of Winter Springs shall be entitled to retain an
amount totaling three percent (3%), not to exceed a total of
$5,000.00, of the aggregate of all impact fees it collects
annually pursuant to this Ordinance which retained funds
shall be utilized to offset the actual administrative costs
associated with the collection and use of said funds that
year pursuant to this Ordinance.
Sec. 9-386.18 Return of Funds
If it is determined by the City of Winter Springs that fee
assessments collected pursuant to the Chapter have not been spent
or encumbered for expenditure by the end of the calendar quarter
immediately following six (6) years from the date the fee was
received, or eight (8) years from the effective date of this
Chapter, whichever occurs last, or if the development for which
the fees were paid was never begun, then said funds shall be
eligible for refund to the then present owner in accordance with
the following procedures:
A. The then present owner must petition the City for the refund
within one (1) year following the end of the calendar
quarter immediately following five (5) years from the date
on which the fee was received by the City or seven (7) years
from the effective date of this Chapter, whichever occurs
last.
B. The petition must be submitted to the City Manager and must
contain:
(1) a notarized sworn statement that the petitioner is the
current owner of the property or his authorized agent
(2) a copy of the dated receipt issued for payment of the
fee or other competent evidence of payment
(3) a certified copy of the latest recorded deed
(4) a copy of the most recent ad valorem tax bill and
26
(5) a copy of the building permit or development agreement
pursuant to which the impact fees were paid;
( 6 ) such other information which may be reasonably
necessary to ascertain current ownership of the
property.
C. Within sixty (60) days from the date of receipt of petition
for refund; the City Manager or his designee shall advise
the petitioner and the City Commission of the status of the
fee requested for refund. For the purpose of determining
whether fees have been spent or encumbered, the first money
placed in the trust fund account shall be deemed to be the
first money taken out of the account when withdrawals have
been made.
D. When the money requested is still in the trust fund account
and has not been spent or encumbered by the end of the
calendar quarter immediately following ten (10) years from
the date the fees were paid, the money shall be returned
with interest at the rate of six percent (6%) per annum.
Sec. 9-386.19 Review
This Chapter shall be reviewed by the City Commission
annually during the month of May. The review shall include trip
generation rates, trip lengths, construction and right-of-way
acquisition costs, Chapter provisions, impact fee rates and other
applicable items. The purpose of this review is to analyze the
effects of inflation on the actual costs of roadway improvements,
to review and revise, if necessary, the transportation
improvement program, and to ensure that the fee charged new land
development activity generating traffic will not exceed its pro
rata share for the reasonably anticipated expansion costs of road
improvements necessitated solely by its presence. Failure of the
City of Winter Springs to undertake such a review shall result in
the continued use and application of the existing fee schedule
and other data.
27
, S~c. 9-386.20 Penalty
Violations of this Chapter shall constitute a misdemeanor of
the second degree enforceable in accordance with Chapter 2,
Article IV of the City Code or in the alternative by an
injunction or other legal or equitable relief in the circuit
court against any person violating this Chapter, or in an
appropriate case by both criminal and civil injunctive relief.
Sec. 9.386.21 Appeals of Impact Fee Determinations
A. Any person desiring to appeal an administrative decision
regarding the payment of impact fees or credits shall file a
written Notice of Appeal with the City Manager. Said Notice
shall be filed within thirty (30) days of the decision
sought to be appealed. A required processing fee of five
hundred ($500.00) dollars shall be submitted with the Notice
of Appeal in order to defray actual administrative costs
associated with processing the road impact fee appeals.
B. All Notices of Appeal shall include a full explanation of
the reasons for the appeal, specifying the grounds
therefore, and containing any documentation which the
applicant desires to be considered. The appeal shall
contain the name and address of the person ( s) filing the
appeal and shall state their capacity to act as a
representative or agent if they are not the owner of the
property to which the impact fees or credit(s) pertain.
C. Within thirty (30) days following the receipt of the written
Notice of Appeal, the City Manager, or his designee, will
review the Appellant's written report, supporting
documentation and departmental staff reports. The thirty
(30) day review period may be extended if additional
information is needed from the Appellant in order to render
a decision. Upon completion of the administrative review,
the City Manager will provide a written response to the
Appellant constituting a final administrative determination.
D. Any person desiring to appeal the final administrative
28
determination of the City Manager regarding the payment of
impact fees or credits shall file a written Notice of Appeal
to City Commission. Said Notice of Appeal to City
Commission shall be filed with the City Manager within
fifteen (15) days following receipt of the final
administrative determination. Receipt shall be construed to
have occurred when the final administrative decision is
deposited in the United States mail postage prepaid to the
person whose name and address was identified in the original
Notice of Appeal.
E. All Notices of Appeal shall include a full explanation of
the reasons for the appeal, specifying the grounds
therefore, and containing any documentation which the
applicant desires to be considered. The appeal shall
contain the name and address of the person ( s) filing the
appeal and shall state their capacity to act as a
representative or agent if they are not the owner of the
property to which the impact fees or credit pertain.
F. The City Clerk will schedule all impact fee appeals for the
first City Commission meeting following ten (10) days from
receipt of the written Notice of Appeal to City Commission.
Postponements of the City Commission appeal date may be
granted by the City Clerk if they are requested in writing
at least ten (10) days in advance of the scheduled City
Commission meeting date.
G.When an Appeal is scheduled for oral presentation before the
City Commission, the Appellant and the City staff shall each
be given fifteen (15) minutes at the oral argument to
present the Appeal and to discuss the submitted written
record.
SECTION TWO: SAVINGS CLAUSE: If any clause, section or
provision of this Ordinance shall be declared to be
unconstitutional or invalid for any cause or reason, the
remaining portion of said Ordinance shall be in force and effect
29
and be valid as if such invalid portion thereof has not been
incorporated herein.
SECTION THREE:
This Ordinance shall be effective upon final
passage and adoption.
The provisions of this ordinance are
declared to/be separable and if any section, sentence, clause or
phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses and
phrases of the ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
SECTION FOUR:
That all ordinances and parts of ordinances in
conflict with this Ordinances are hereby amended.
SECTION FIVE: That this Ordinance shall be published and posted
as provided by law and shall take effect immediately upon
becomimg a law.
Passed and adopted this 12th day of March,
1990.
CITY OF WINTER SPRINGS, FLORIDA
LEANNE M. GROVE, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
.First Reading: January 22, 1990
Posted: January 25, 1990
Public Hearing and 2nd Reading: March 12, 1990
30
The Orlando Sentinel
Publ~ Daily'
Altamonte Springa, Seminole County, Florida
~hde of ~loriha} SS.
COUNTY OF ORANGE
Before the undersigned authority personally appeared
Juanita Rosado
. who on oath says that
she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
vertisement,beinga Notice of Public r1earjng in the matter of
Ordinance No. 480
in the
Court,
was published in said newspaper in the issues of
F'phrllrlry 4 lc)c)()
Affiant further says that the said Orlando Sentinel is a newspaper published at Altamonte
Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin-
uously published in said Seminole County, Florida, each Week Day and has been entered as
second-class mail matter at the post office in Altamonte Springs, in said Seminole County,
Florida for a period of one year next preceding the first publication of the attached copy of ad-
vertisement; and affiant further says that he/she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the purpose of securing this
"___tMpub.mtioom~~ fb~
Sworn to and subscribed before me this
6th
of
~
NOTARY PU :e 0 n a.
My Commission "Expires MIry,25,19
...,,,.,,"".... .M. Rlr:AN PIONFER CAS1.JALTY INS. 00.
ADVERTISING CHARGE
$53.42
day
NOTICE OF PUBUC HEARING
CITY OF WINTER SPRINGS, FLORIDA
NOTICE IS H~ GIVEN by the CIty
Commission of the City of Winter
8e!inos, FIorida.thet saki Commission
WIn hold a .PIJbIlc ,Hellring on an ordi-
nance entitled aslollows:
ORDINANCE NO. 480
AN ORDINANCE AMENDING THE
CODE OF THE CITY OF WINTER
SPRINGS. FLORIDA. BY THE ADOP-
TION OF ARTICLE VIII, CHAPTER 9,
SEC. 9-386. "IMPACT FEES". PROVID-
lNG, FOR THE IMPOSITION OF
"TRANSPORTATION IMPACT FEES"; .
PROVIDING FOR SHORT TITLE, AU-
THORITY AND APPUCATlON: SETTING
FORTH INTENT AND PURPOSE: PRO-
VIDING RULES OF CONSTRUCTION:
PROVIDING. DEFINITIONS; PROVIDING
LIMITATIONS ON ISSVANCE OF
BUILDING PERMITS: PRO'lIOING FOR
DETERMINATION OF ROAD IMPACT
FEES: PROVIDING FOR A ROAD IM-
PACT FEE RATE SCHEDULE; PROVID-
ING FOR INDEPENDENT IMPACT FEE
CALCULATION; PROVlO1NG FOR PRE-
SUMPTIONS AND AGREEMENTS;
PROVIDING fOR CAEDlT~ PROVID-
ING FOR DETERMINATION vI' VESTED
RIGHrS; PRO\IIDlNG FOR EXCLUSION
OF SITE RELATEO, ROAD IMPROVE-
MENTS FROM IMPACT FEE CALCULA-
TIONS; PROVIDING EXEMPTIONS;
PROVIDING FOR A TRUST FUND, COL-
LECTION AND USE OF FUNDS COL-
LECTED AND THE RETURN OF UN-
USED FUNDS; PROVIDING FOR ANNU-
AL REVIEW; PROVIDING FOR PENAL-
TIES; PROVIDING FOR APPEALS OF
IMPACT FEE DETERMINATION: PRO-
VIDING FOR SEVERABlUTY; AND PR0-
VIDING AN EFFECTIVE DATE.
This Public Hearing wiN bs held at 7:30
p.m. on Monday, March 12, t990, or as
soon thenlafter as' possible In the C0m-
mission Chamber, CIty Hall, 1126 &8t
S.R. 434, WinblrSprings, FL 3270&.
Copies of the PtOIl<l88d ordinance ere
8YBIIabIe in thli oIllce'of the CIty Qerk
for inspection. InterelIIect ~ may
appear at thls ~ end bs ~
with ' thls propoeed ordinance.
P8I$OI1S '1hlIt if \hey decIcIll
to ~ made at this
meeting, \heywlll need . ~ olthe
proceedinOs end fIlr such purpoee. \hey
may need to ensure thIIl a wrbatim re-
cord of the proceedings Is made which
record inc:loJdelIthe llisIIIllony end evi-
dence upon which the 8IlD8lII is 10- bs
based per Section 2B6.C105 Aorida
~.
0lIled thls 25th day of Janual)', 1990. .
CITY OF WINTER SPRINGS.
FLORIQA
18/ Ml!!Y T. Norton
MIIry T. Norton
CIty CIeI1c
LS-120(6s)
I
Feb.4,l990 I
FORM NO. AD-264