HomeMy WebLinkAboutOrdinance 512 Chapter 9
ORDINANCE NO. 512
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, PROVIDING FOR NEW CHAPTER 9, LAND
DEVELOPMENT. ARTICLE VI I :. IMPACT FEES. DIVISION
2. TRANSPORTATION FACILITIES; SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida,
has detennined that it is in the best interest of the City of Winter Springs,
Florida, to update the Transportation Impact Fees:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF WiNTER SPRINGS AS
FOLLOWS:
SECTION I - That Chapter 9, Land Development. Article VI I I. Impact
Fees. Division 2. Transportation Facilities is hereby deleted in its entirety
and the following replaced therefor:
Sec. 9-386.
TRANSPORTATION IMPACT FEES
Sec. 386.1.
Short title, authority and applicability.
(a) This division shall be known and may be cited as the "City
of Winter Springs Road Impact Fee Chapter"(Division).
(b) The planning for new and expanded roads
needed to serve new growth and development that
generate additional traffic and the
implementation of these plans through the
comprehensive planning process are the
responsibility of the City under Part I I 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. 9-386.2. Intent and Purpose
(a) This division 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 developnent to pay a "road
impact fee" that does not exceed a pro rata
share of the reasonably anticipated expansion
costs of new municipal collector roads needed to
serve new growth and developnent 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 division is to enable
the City of Winter 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 pro rata share for the reasonably
anticipated costs of needed municipal collector
roadway improvements.
(d) It is not the purpose of this division to
collect fees from growth and development in
excess of the cost of the reasonably anticipated
improvements to the municipal collector road
network and needed to serve the new growth
development. It is specifically acknowledged
that this division has approached the problem of
detenmining 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 (by reference):
(1) Trip Generation, ITE (5th Edition), as
updated in 1991
(2) Orlando Urban Area Transportation Study
(3) Special Report 209, Highway Capacity Manual,
Transportation Research Board, 1985
(4) Generalized Daily Level of Service Maximum
Volumes for Florida's Urban/Urbanized
(5000+)Areas, FDOT 1988
(5) Cost per Lane Mile-City of Winter Springs Study
1991
(6) Existing Traffic Circulation Analysis, City
of Winter Springs Study, September, 1989, Tipton
Associates Incorporated and Leftwich Consulting
Engineers, Inc.
(7) Future Traffic Circulation Analysis, City of
Winter Springs Study, December, 1991, Tipton
Associates Inc. and Leftwich Consulting Engineers,
Inc.
(8) Input Data for Seminole and Volusia
Counties for Calculating Transportation
Impact Fees for Convenience Stores, August,
1989, Tipton Associates Incorporated.
Sec. 9-386.3. Rules of construction
For the purpose of administration and enforcement of
this division, unless otherwise stated, the following
rules of construction shall apply:
(a) In case of any difference of meaning or
implication between the text of this division
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,
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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" indicated 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 all other instances or circumstances of
like kind or character.
Sec. 9-386.4. Definitions
(for the purpose of this division, the following words and
terms shall have the meaning ascribed thereto:)
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:
(1) Right-of-way and easements;
(2) Left and right turn lanes;
(3) Acceleration and deceleration lanes
(4) Traffic control devices, signage, and
markings; and
(5) Drainage and utilities
Accessory Building, 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
major collector road.
Average 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 structure 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 6
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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 division, the capacity of a
typical new lane shall mean seven thousand four
hundred (7,400) vehicles per day per through
lane at level of service "0".
Capacity per Lane Mile: The product of the capacity
per lane times one (1) lane mile. For the purpose of
this division, the capacity per lane mile of a
typical new lane shall mean seven thousand four
hundred (7,400) vehicles per day per through lane per
mile at level of service "0".
Captured Traffic: Diverted traffic plus passer-by-traffic.
Collector Roads: Intermediate classifications of roads
which provide both land access and movement service for
medium length trips. Major collector roads function at
relatively moderate speeds and connect municipal collector
roads to arterial roads. Municipal collector roads
function at relatively low speeds and connect local
streets to major collector or arterial roads.
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 fram 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 division,
gross building area shall be the total gross square
footage.
Gross Leasable Area: For purposes of the division,
gross leaseable area shall be the total gross square
footage less ten (10) percent or the documented
common area if greater than ten (10) percent.
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.
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Land Development Activity Generating 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 Report 5th Edition (1991)
shall apply.
Level of Service"D"; LOS "D": The average daily condition
which is established herein as the minimum acceptable
standard. level of serVlce "D" 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 "D" 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 (40) percent 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.
Major 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
trafficways;
(2) Planned extensions to existing arterial and
collector roads or trafficways; and
(3) Planned new arterial and collector roads or
trafficways.
Marginal 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 lmorovements: 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 division is designed to
calculate the costs inherent in the construction of non-
site-related a-grade improvements to the municipal
collector road network.
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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 division.
Road Improvements: Physical assets, constructed or
purchased, that are 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:
(1) Construction of the through lanes;
(2) Construction of turn lanes;
(3) Construction of bridges;
(4) Construction of drainage facilities in
conjunction with roadway construction;
(5) Purchase and installation of traffic
signalization, signage and markings;
(6) Construction of curbs, medians and shoulders; and
(7) Relocating utilities to accomrodate 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
division 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 to the assessment
calculated pursuant to the terms of this division.
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-Generating
Development: Any building, structure or other use of
the land that increases the generation of vehicular
trips over and above that generated by the pervious
use.
Trafficways: A classification of roads related to
planning and design criteria, which primarily function to
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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 division,
trip shall have the meaning which it had 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, 5th
Edition(1991).
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, 5th
Edition (1991).
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.
Sec. 9.386.5. Limitations on Issuance of Building 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 division, no building
permit for any land development activity generating
traffic requiring paYment of a road impact fee pursuant to
this division shall be issued unless and until the road
impact fee hereby required has been paid.
Except as provide elsewhere in the division, no person shall
carry out any land development activity generating traffic
unless and until the road impact fee required by this division
has been paid and a building permit has been issued.
Sec. 9-386.6 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 9-386.7 or by using the
independent method of calculation set forth in section 9-386.8
of this division. Also, any applicant may propose to enter into
an impact agreement with the City as set forth in section 9-
386.10 of this division 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.
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 9-386.8. The fee rates have
been calculated using the method of calculation presented in
section 9-386.8 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
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generation have been converted to dollar amounts per unit of
development, i.e., per dwelling unit, per one thousand (1,000)
square feet, per roam. etc., depending upon they type or
classification of land development. The road impact fee is
determined by the following provisions:
(1) Road Impact Fee Rate Schedule: See Exhibit "B".
(2) 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.
(3) When a land development activity for which an
application for a building permit has been made includes
two (2) or more buildings, structures or other land uses
in any combination, including two (2) 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 division.
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.
(4) 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 new 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.
(5) In the case of a demolition of an existing building or
structure, the impact fee for future redevelopment shall
be based upon the net increase in the impact fee for the
new or proposed land development activity as compared to
the land use or activity existing prior to demolition.
Credit for the proper use shall not be transferable to
another location.
(6) 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 fram 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.
(7) In order to take advantage of subsection (4), (5)
or (6) (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-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.
(8) In the event that tan applicant for a 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
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with current practices to add land use categories to the
fee rate schedule following submission to the Commission.
In addition, wither 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.
Sec. 9-386.8. Independent Impact Fee Calculation
(a) In the event an applicant believes that the impact of this
development on the municipal collector road network will be
less than that presumed in this division, the applicant may
submit a proposed scope of work for determining an independent
fee calculation which shall comply with the requirements of
subsection (c) this section. 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 borne 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)
NMT = New miles of travel on the City municipal
collector system for a specific land use
TGR = Trip generation rate in average daily
trips generated per unit of development.
PNT = 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 ten (10) percent
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
make on the municipal collector road network.
(2) Calculation of new lane miles of travel charged to
applicant:
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NLM = (NMT)/(2)(CAP)
NLM = New lane miles of travel for a
specific land use.
NMT = New miles of travel.
2 = A constant that assigns one-half of the
new lane miles of travel to the land
development(s) at the other end of the tripes).
CAP = Typical new capacity per land mile
expressed in vehicles per day. The typical new
capacities reflect an adjustment for capacity at
level of service "D".
(3) Calculation of the impact fee rate:
IFR = (NLM)($CC)
IFR = Impact fee rate for a specified
land use.
NLM = New land miles of travel.
$CC = Typical construction cost,
including right-of-way, for one (1)
lane mile of an at-grade roadway.
(c) Data, infonmation and assumption requirements: The independent
impact fee calculations shall be based on data, information or
assumptions contained in this division 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)
I FR = Impact fee rate for specific
land use as determined in section
9.386.8(b)93).
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 (2) or more buildings, structures or other land uses
in any combination, including two (2) 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 division.
(f) In the case of a change of use, redevelopment, or
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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 pervious land use or activity.
(9) 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
Comnission.
Sec. 9-386.9. 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 miles 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 Agreement
Any applicant may propose to enter into an impact agreement with the
City designed to establish just and equitable fees or their
equivalent and standards of service needs appropriate to the
circumstances of the specific development proposed.
(1) Such an agreement may include, but shall not be
limited to provisions which:
a. Modify the presumption of maxlmum impact set
forth in Section 9-386.9 and provide an impact
fee which may differ fram that set forth in
Section 9-386.7 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.
b. Permit the construction of specific
transportation improvements in lieu of or with a
credit against the road impact fee assessable.
c. 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
9-386.8, 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.
d. Provide for a transfer of credits as provided
for in Section 9-386.11 to any successor in
interest of land.
(2) Any agreement proposed by an applicant pursuant to this
subsection shall be presented to and approved by the City Comnission
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 land owner, and shall require the
applicant to record such agreement in the official records of
Seminole County. The City Comnission 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
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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 division 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
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 division.
The credits shall be based on but not limited to the following
criteria:
(1) The actual cost, or estimated cost of improvements
based on recent bid sheet information of the City or
Seminole County; and
(2) A pro rata share of the appraised land value of the
parent parcel as determined by calculating one hundred
twenty (120) percent 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 9-386.7 herein multiplied by the number of
units of development permitted to date as if this division
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 subsections (a) and (b) above.
12
(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 lssuance of credits
against any road impact fee assessed pursuant to
this division shall be included in an impact
agreement as set forth in Section 9-386.10.
(f) Any petition for the issuance of credits
against any road impact fee assessed pursuant to
this division 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 Rights
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 division. 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 division;
(3) That it would be inequitable to deny the petitioner
the opportunity to complete the previously approved
development under the conditions of approval by requiring
the developer to comply with the requirements of this
division. For the purposes of this subsection, 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:
a. Whether the injury suffered by the petitioner
outweighs the public cost of allowing the
development to go forward without payment of the
fee required by this division;
b. whether the expenses or obligations were made
or incurred subsequent to January 22, 1990,
after which date the adoption of this division
was pending; and
c. whether the operation of this division would
create an onerous burden which would prevent the
petitioner from making a reasonable return on
his investment.
13
(b) The City shall not permit the extension of a building permit
beyond the initial time period for activation without the applicant
complying with the provisions of this division.
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 division. 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 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 division.
(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 measures are substantially
consistent with the requirements of this division, then the road
impact fee payable for such development under this division 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 division are not
substantially consistent with the requirements of this division.
This subsection shall not apply where a development order previously
approved provides that tat such time as the City adopts
transportation impact fee provision, thereafter the provisions and
terms of the adopted impact fee provision 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 division.
Sec. 9-386.13. Site-Related Road Improvements
The road impact fee formula contained in this division is designed
to calculate the costs inherent in the construction on 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 is required as 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 division.
Sec. 9-386.14. Exemptions
The following shall be exempted from payment of the road impact
fee:;
(1) Those land development activities which have received
a building permit prior to the effective date of this
division except as provided for in other sections of this
division.
(2) Alteration or expansion of an existing dwelling unit
where no additional units are created or the use is not
changed.
(3) The construction of accessory buildings or structures,
to the extend that there is no increase in trip generation
and which will not increase the external trip generation
of the principal building, structure or use.
(4) The replacement of a destroyed or partially destroyed
building, structure, or use with a new building or
14
structure of like size, capacity and use to the extent
that there is no increase in trip generation.
(5) 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, pards, recreation and
cultural purposes).
Sec. 9-386.15. Establishment of a Trust Fund
(a) The impact fees collected by the City pursuant to this division
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 division. The disbursal of
such funds shall require the approval of the City Commission, upon
recommendation of the City Manager and Staff.
Sec. 9-386.16. Collection of Road Impact Fee Assessment
(a) Except as provided for in Section 9-386.10 of this division, 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 division 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
Stated 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
necessary for expenditure shall be invested in interest-bearing
accounts . All income derived shall be deposited in the trust
account.
(d) The City shall be entitled to retain an amount totaling three
(3) percent, not to exceed a total of five thousand dollars
($5,000.00), of the aggregate of all impact fees it collects
annually pursuant to this division which retained funds shall be
15
utilized to offset the actual administrative costs associated with
the collection and use of said funds that year pursuant to this
division.
Sec. 9-386.18. Return of Funds.
If it is determined by the City that fee assessments collected
pursuant to this division have not been spent or encumbered for
expenditure by the end of the calendar quarter immediately following
six (6) years fram the date the fee was received, or eight (8) years
fram the effective date of this division, 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:
(1) 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 fram
the date on which the fee was received by the City or
seven (7) years fram the effective date of this division,
whichever occurs last,;
(2) The petition must be submitted to the City Manager and
must contain:
a. A notarized sworn statement that the
petitioner is the current owner of the property
or his authorized agent;
b. A copy of the dated receipt issued for payment of
the fee or other competent evidence of payment.
c. A certified copy of the latest recorded deed;
d. A copy of the most recent ad valorem tax bill; and
e. A copy of the building permit or development agreement
pursuant to which the impact fees were paid;
f. Such other information which may be
reasonably necessary to ascertain current
ownership of the property.
(3) Within sixty (60) days fram 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 spend 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.
(4) 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
fram the date the fees were paid, the money shall be
returned with interest at the rate of six (6) percent per
annun.
Sec. 9-386.19. Review
This division shall be reviewed by the City Commission annually
during the month of October. The review shall include trip
generation rates, trip lengths, construction and right-of-way
acquisition rates, trip lengths, construction and right -of-way
acquisition costs, division provisions, impact fee rates and other
applicable items. The purpose of this review is to analyze the
effects of inflation on the actual costs or 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 to
16
undertake such a review shall result in the continued use and
application of the existing fee schedule and other data.
Sec. 9-386.20. Penalty
Violations of this division shall constitute a misdemeanor of the
second degree enforceable in accordance with Section 1-15 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 division, 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 hall 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 dollars ($500.00) 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 therefor, and
containing andy documentation which the applicant desires to be
considered. The appeal shall contain the name and address to 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-day review period may be
extended if additional infonmation is needed fram 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
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 therefor, 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 fee or credit pertain.
(f) The City Clerk will schedule all impact fee appeals for the
first City Commission meeting following ten (10) days fram 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 a the oral argument to present the appeal
and to discuss the submitted written record.
SECTION I I - Conflicts. All ordinances or parts of ordinances in
conflict herewith being the same are hereby repealed.
17
SECTION I I I - Severability. If any section or portion of a section
or subsection of this Ordinance proves to be invalid, unlawful or
unconstitutional it shall not be held to invalidate or impair the validity,
force or effect of any other section or portion of section or subsection or
part of this Ordinance.
SECTION IV - Effective Date. This Ordinance shall became effective
immediately upon its passage and adoption.
Passed and adopted this 9th day of December, 1991.
CITY OF WINTER SPRINGS, FLORIDA
PHILIP A. KULBES, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
FIRST READING 11/11/91
POSTED 11/12/91
SECOND READING AND PUBLIC HEARING 12/9/91
18
The Orlando Sentinel
Publiobed Daily
A1tamonte Sprinp, Seminole County, Florida
ADVERTISING CHARGE
$36.54
~tCtte of Jfloribn} SS.
COUNTY OF ORANGE
Before the undersigned authority personally appeared
Jll61nits RO"'I'1nn
, who on oath says that
she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper
in the
Court,
NOTICE OF PUBUC HEARING
CITY OF WINTER SPRINGS, FLORIDA
NOTICE IS HEREBY GIVEN by the CIty
Commission 01 the City of Winter
S rings, Florida, that said CommissIOn
JI hold a Public Hearing on an ordr-
nance entitled as follows:
ORDINANCE NO. 512
AN ORDINANCE OF THE CITY OF
WINTER SPRINGS, FLORIDA, PRO-
VIDING FOR NEW CHAPTER 9,
LAND VELOPMENT, ARTICLE
VIII. .
vertisement, being a
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
notice of public hearing
Ordinance No. 512
in the matter of
waa published in said newspaper in the issues of
November 17, 1991
p.m. on :.-,....=
.......
. =_.~i}~~S.R.
CoPies of the Ill'OllOS8d ordinance ara
available In lh8 offtce of the City Clerk
for Inspaction. Interested parlles may
appear at this hearing and be heard
with raspect to this proposed ordinance.
Parsons Bra advised that W ~ ~
to appaal any recommend.""" m
during the heiIrlng, lI,.y will need a re-
cord . Of the proceedings and for such
purpose they may neacf to ensure that a
verbatim record of the proceedings is
made Which record includes the lest~
many and evidence upon Which the ap-
peal is to be based per Section
286.0105 Florida statutes.
Dated this 17th dllY of November, 1991.
CITY OF WINTER SPRINGS
FLORIDA
Is/Marv T. Norton
Mary 1. Norton,
City CIefk
LS-960(6s) Nov.17,1991
Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte
Springs, in Seminole County, Florida, and that the said newspaper baa heretofore been contin-
uoualy published in said Seminole County, Florida, each Week Day and baa been entered aa
second-claas 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 baa neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the purpose of securing this
~_mtf~pu~c~~7:~ i~
Sworn to and subscribed before me this 19 t h <illY
of
November
A.D., 19
91
~
Notary Pub' .
My (<ommisslon &;;:plres M:JY :29, 1995
8o~dlld lhru Br~w" & 6r _ wn, InC,
~
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FORM NO. AD-264