§ 23-92. Transportation impact fee schedule.
(a)
Generally. The transportation impact fees authorized by this article are generally calculated using gross floor area, except as noted, and shall be as follows:
(1)
For the period beginning May 20, 2013, and ending November 30, 2014:
Impact Fees
Land Use Type Unit Non-AMA
RateAMA
RateResidential: Single-Family Detached Dwelling $2,924 $2,821 Multifamily (Apartments) Dwelling $1,893 $1,826 Condominium/Townhouse Dwelling $1,656 $1,593 High-Rise Condo/Townhouse † Dwelling $1,199 $1,158 Mobile Home Park Dwelling $1,077 $1,042 Retirement Housing/Age Restricted Dwelling $956 $925 Student Housing Dwelling $809 $784 Lodging: Hotel Room $1,483 $1,432 Motel Room $1,058 $1,016 Tourist Hotel Room $1,347 — Time Share Dwelling $1,557 $1,499 Recreation: Golf Course Acre $1,701 $1,638 Bowling Alley 1,000 sq. ft. $8,703 $8,393 Movie Theater without Matinee 1,000 sq. ft. $8,363 $8,023 Racquet Club 1,000 sq. ft. $3,829 $3,689 Health/Fitness Club 1,000 sq. ft. $8,980 $8,660 Institutions: Day Care Center 1,000 sq. ft. $5,282 $5,056 Library 1,000 sq. ft. $9,012 $8,691 Hospital Bed $2,976 $2,867 Nursing Home 1,000 sq. ft. $277 $266 Animal Hospital/Vet Clinic 1,000 sq. ft. $6,691 $6,447 School 1,000 sq. ft. $5,230 $5,051 Public Assembly 1,000 sq. ft. $3,460 $3,336 Office: Office, 50,000 sf or less 1,000 sq. ft. $4,180 $4,030 Office, 50,001—100,000 sf 1,000 sq. ft. $3,561 $3,431 Office, 100,001—200,000 sf 1,000 sq. ft. $3,037 $2,929 Office, more than 200,000 sf 1,000 sq. ft. $2,591 $2,498 Office, Medical/Dental 1,000 sq. ft. $9,675 $9,335 Post Office 1,000 sq. ft. $15,381 $14,834 Retail: Freestanding Discount Store 1,000 sq. ft. $4,413 $4,229 Hardware/Paint Store 1,000 sq. ft. $2,534 $2,423 Retail, 50,000 sf or Less 1,000 sq. ft.* $4,275 $4,091 Retail, 50,001—100,000 sf 1,000 sq. ft.* $4,602 $4,407 Retail, 100,001—200,000 sf 1,000 sq. ft.* $4,108 $3,935 Retail, 200,001—300,000 sf 1,000 sq. ft.* $3,980 $3,818 Retail, 300,001—400,000 sf 1,000 sq. ft.* $3,877 $3,720 Retail, 400,001—500,000 sf 1,000 sq. ft.* $3,851 $3,694 Retail, 500,001—1,000,000 sf 1,000 sq. ft.* $3,989 $3,838 Retail, 1,000,001—1,200,000 sf 1,000 sq. ft.* $4,059 $3,903 Retail, more than 1,200,000 sf 1,000 sq. ft.* $4,151 $3,990 New/Used Auto Sales 1,000 sq. ft. $4,707 $4,530 Supermarket 1,000 sq. ft. $5,716 $5,474 Convenience Market w/Gas Pumps 1,000 sq. ft. $15,308 $14,588 Home Improvement Superstore 1,000 sq. ft. $2,294 $2,200 Electronics Superstore 1,000 sq. ft. $1,126 $1,068 Bank/Drive-In 1,000 sq. ft. $8,644 $8,288 Drinking Place 1,000 sq. ft. $2,830 $2,693 Restaurant, Quality 1,000 sq. ft. $10,690 $10,268 Restaurant, High-Turnover 1,000 sq. ft. $12,730 $12,235 Restaurant, Fast Food w/Drive-Thru 1,000 sq. ft. $28,847 $27,607 Service Station Fuel Position $3,495 $3,342 Self-Service Car Wash Wash Station $7,643 $7,317 Tourist Retail 1,000 sq. ft.* $4,856 — Auto Service 1,000 sq. ft. $5,169 $4,988 Drug Store 1,000 sq. ft. $8,370 $8,053 Industrial: General Light Industrial 1,000 sq. ft. $1,622 $1,566 Manufacturing 1,000 sq. ft. $889 $858 Warehousing 1,000 sq. ft. $830 $799 Mini-Warehouse 1,000 sq. ft. $297 $286 * Note: gross leasable area
† Note: located in buildings with three or more levels (floors)
(2)
For the period beginning December 1, 2014, and thereafter:
Impact Fees
Land Use Type Unit Non-AMA
RateAMA
RateResidential: Single-Family Detached Dwelling $3,898 $3,761 Multifamily (Apartments) Dwelling $2,524 $2,435 Condominium/Townhouse Dwelling $2,208 $2,124 High-Rise Condo/Townhouse † Dwelling $1,598 $1,543 Mobile Home Park Dwelling $1,436 $1,389 Retirement Housing/Age Restricted Dwelling $1,274 $1,234 Student Housing Dwelling $1,079 $1,045 Lodging: Hotel Room $1,978 $1,910 Motel Room $1,411 $1,355 Tourist Hotel Room $1,796 — Time Share Dwelling $2,076 $1,999 Recreation: Golf Course Acre $2,267 $2,185 Bowling Alley 1,000 sq. ft. $11,604 $11,191 Movie Theater without Matinee 1,000 sq. ft. $11,151 $10,698 Racquet Club 1,000 sq. ft. $5,106 $4,918 Health/Fitness Club 1,000 sq. ft. $11,974 $11,547 Institutions: Day Care Center 1,000 sq. ft. $7,043 $6,741 Library 1,000 sq. ft. $12,015 $11,589 Hospital Bed $3,968 $3,823 Nursing Home 1,000 sq. ft. $369 $355 Animal Hospital/Vet Clinic 1,000 sq. ft. $8,921 $8,597 School 1,000 sq. ft. $6,974 $6,734 Public Assembly 1,000 sq. ft. $4,614 $4,448 Office: Office, 50,000 sf or less 1,000 sq. ft. $5,574 $5,374 Office, 50,001—100,000 sf 1,000 sq. ft. $4,748 $4,575 Office, 100,001—200,000 sf 1,000 sq. ft. $4,050 $3,905 Office, more than 200,000 sf 1,000 sq. ft. $3,455 $3,330 Office, Medical/Dental 1,000 sq. ft. $12,900 $12,446 Post Office 1,000 sq. ft. $20,508 $19,778 Retail: Freestanding Discount Store 1,000 sq. ft. $5,884 $5,639 Hardware/Paint Store 1,000 sq. ft. $3,378 $3,231 Retail, 50,000 sf or Less 1,000 sq. ft.* $5,700 $5,455 Retail, 50,001—100,000 sf 1,000 sq. ft.* $6,135 $5,876 Retail, 100,001—200,000 sf 1,000 sq. ft.* $5,477 $5,246 Retail, 200,001—300,000 sf 1,000 sq. ft.* $5,307 $5,090 Retail, 300,001—400,000 sf 1,000 sq. ft.* $5,169 $4,960 Retail, 400,001—500,000 sf 1,000 sq. ft.* $5,135 $4,926 Retail, 500,001—1,000,000 sf 1,000 sq. ft.* $5,319 $5,118 Retail, 1,000,001—1,200,000 sf 1,000 sq. ft.* $5,412 $5,204 Retail, more than 1,200,000 sf 1,000 sq. ft.* $5,534 $5,319 New/Used Auto Sales 1,000 sq. ft. $6,276 $6,040 Supermarket 1,000 sq. ft. $7,621 $7,299 Convenience Market w/Gas Pumps 1,000 sq. ft. $20,411 $19,451 Home Improvement Superstore 1,000 sq. ft. $3,059 $2,933 Electronics Superstore 1,000 sq. ft. $1,502 $1,424 Bank/Drive-In 1,000 sq. ft. $11,525 $11,050 Drinking Place 1,000 sq. ft. $3,774 $3,590 Restaurant, Quality 1,000 sq. ft. $14,253 $13,690 Restaurant, High-Turnover 1,000 sq. ft. $16,974 $16,314 Restaurant, Fast Food w/Drive-Thru 1,000 sq. ft. $38,463 $36,809 Service Station Fuel Position $4,660 $4,456 Self-Service Car Wash Wash Station $10,190 $9,756 Tourist Retail 1,000 sq. ft.* $6,475 — Auto Service 1,000 sq. ft. $6,891 $6,651 Drug Store 1,000 sq. ft. $11,160 $10,737 Industrial: General Light Industrial 1,000 sq. ft. $2,163 $2,088 Manufacturing 1,000 sq. ft. $1,185 $1,144 Warehousing 1,000 sq. ft. $1,107 $1,066 Mini-Warehouse 1,000 sq. ft. $396 $382 * Note: gross leasable area
† Note: located in buildings with three or more levels (floors)
(3)
Additionally, for purposes of the foregoing, the following land uses shall be assessed as follows:
Impact Fees
Use Land Use Type Hardware/Paint Store Dance School High Turnover Restaurant Bakery (with tables and chairs) Hospital Home for Abused Children
JailLight Industrial Equestrian Center
Laboratory Testing Facilities
Secure Transportation Cash Handling and Security (pistol range, truck maintenance garage, locker and locker storage bathrooms)
Sewage Treatment Facility
Unmanned StructuresMedical Office Laboratory Testing Facilities Mini Warehouse Kennels
Mausoleums
Residence in Mini WarehouseMultifamily Dormitory (by dwelling unit if doos not qualify as student housing)
Fraternity (by dwelling unit if does not qualify as student housing)Office Catering when Food/Drink is not served (only preparation)
Guard House
Secure Transportation, Cash Handling and Security (offices, loading/receiving, money room, vault rooms, coin wrapping/sorting and coin storage)
Towing Company
Utilities and Customer Account OfficesPost Office Federal Express Public Assembly Camp, Church, Concession Stands in Parks, Funeral Home, Restrooms in Parks Racquet Club Skateboard and Skating Rinks Retail Bakery (w/o tables and chairs), Beauty Salon, Car Rental, Catering when Food is Served (banquet hall, ballroom, conference and assembly room), Flower Shop, Full Service Car Wash, Heavy Machinery Sales and Rental, Palm Reader, Tailor Shop, Theme Park Warehouse USPS Distribution Center (b)
Determination of land use. In the event that the land use for which the building permit is proposed is not within the above categories the Director of the Community, Environmental, and Development Services Department or his or her designee shall make a determination as to the appropriate land use designation. Such determination may be appealed to the Impact Fee Committee pursuant to Administrative Regulation No. 4.01 upon payment of a nonrefundable processing fee.
(c)
Aggregation. An applicant for a building permit shall not be entitled to aggregate the square footage of a multi-building project for the purpose of calculating that project's impact fee.
(d)
Internal capture reduction. If an applicant believes an impact fee reduction is appropriate to account for internal capture, in accordance with accepted traffic and transportation industry standards, then the applicant may submit a request for an internal capture reduction, with supporting calculations, according to subsection (f)(1) below. In any case, however, the transportation impact fee reduction shall not exceed one hundred thousand dollars ($100,000.00).
(e)
Accessory uses. Except as otherwise noted in section 23-98 of this Code, an accessory use shall be assessed based on the fee for the lesser of the accessory or primary land use for the first twenty-five (25) percent of its square footage in relation to the primary use, individually or cumulatively, with any excess square footage assessed at the Ordinance rate for the accessory use.
(f)
Appeal process.
(1)
In the event a person believes that he is eligible for an internal capture reduction under section 23-92, an alternative impact fee calculation under section 23-93, a deferral of payment under section 23-94, credits under section 23-95, an exemption or discount under section 23-98, or any other bona fide determination, he may submit a written request to the Community, Environmental, and Development Services Department, Fiscal and Operational Support Division, along with all necessary documentation. The appropriate county staff shall review the request within a reasonable period of time, not to exceed thirty (30) days. After the appropriate county staff has reviewed the written request, the appropriate county division shall promptly notify the person of the results of such review.
(2)
If the person disagrees with the determination rendered by county staff, he may appeal the determination to the county's Impact Fee Committee, pursuant to Administrative Regulations 4.01 and 4.02, upon payment of a nonrefundable processing fee. If he decides to appeal the determination, he shall file a written notice of appeal with the Committee coordinator not later than fifteen (15) days after the date that the staff written determination was rendered. If the notice of appeal is not filed within the fifteen-day period, the person waives his right to appeal the determination. Within fifteen (15) days after receipt of the written notice of appeal, a hearing date and time shall be assigned and notice given to the appellant.
(3)
In the event the person disagrees with the decision of the Impact Fee Committee, he may appeal the decision to the Development Review Committee by filing of a written notice of appeal and payment of a nonrefundable processing fee, within fifteen (15) days after the decision.
(4)
In the event the person disagrees with the decision of the Development Review Committee, he may appeal the decision to the Orange County BCC by filing of a written notice of appeal and payment of a nonrefundable processing fee, within fifteen (15) days after the decision.
(5)
In the event a person disagrees with the appellate decision of the BCC, he may challenge such decision in the circuit court by filing a petition for writ of certiorari no later than thirty (30) days from the date of issuance of the decision of the BCC.
(6)
In the event a person pays the impact fees pursuant to this article clearly marked as "paid under written protest" with the intent of filing an appeal, and in the event his appeal is subsequently approved by the staff, or his appeal is subsequently rejected by the staff but the staff's determination is thereafter disapproved by an appellate decision of the BCC, the county shall not pay interest on the funds paid under protest and subsequently refunded, unless the county has earned interest on such funds.
(Ord. No. 2012-22 , § 2, 11-13-12; Ord. No. 2013-05 , §§ 1, 2, 2-12-13; Ord. No. 2014-26 , § 2, 9-23-14)