§ 23-93. Alternative impact fee calculation.
(a)
In the event an applicant believes that the cost of off-site roadway improvements needed to serve his proposed development is less than the fee established in section 23-92, the applicant may at his own expense submit an alternative fee calculation to the county administrator or his designee pursuant to the provisions of this section. Such an alternative fee calculation shall be submitted prior to issuance of any building permit and must be approved by the BCC prior to issuance of any certificate of occupancy, temporary or permanent.
If the data, information, and assumptions used by the applicant to calculate the alternative impact fee satisfy the requirements of this section, the alternative impact fee shall be deemed the impact fee due and owing for the proposed development. The proposed development shall be presumed to generate the maximum number of average daily trips to be generated by the most intensive use permitted under the applicable land development regulations such as the comprehensive plan or zoning regulations or under applicable deed or plat restrictions.
(b)
The alternative impact fee shall be calculated by use of the following formula for each land use:
Within the AMA:
NET IMPACT FEE = TOTAL IMPACT COST - GAS TAX CREDIT
TOTAL IMPACT COST = VMT cost * (1-LADF) * COST/VMC * PTF
GAS TAX CREDIT = VMT credit * CREDIT/VMT
Where:
VMT cost = (ADT * ATL * % NT)/ ÷ 2
VMT credit = (ADT * TTL * % NT)/2
ADT = The average daily trip generation rate in vehicle-trips/day
% NT = Percent of new or primary trips, as opposed to pass-by or diverted-linked trips
ATL = Assessable trip length
TTL = Total trip length, calculated as ATL plus 0.5
LADF = Percent of ATL occurring on interstate highways or toll facilities, excluding through traffic that does not have an origin or destination in the county
COST/VMC = COST/PERSON-MILE/ ÷ CAPACITY ($304.23)
COST/LANE-MILE = Average cost to add a new lane-mile to the major roadway system
CAPACITY = Average daily capacity of a lane at desired LOS (9,506)
PTF = Person Trip Factor (1.3)
CREDIT = $/GAL * 365 * NPV/MPG ($61.09)/VMT
$/GAL = Capacity-expanding funding for roads per gallon of gasoline consumed ($0.216)
MPG = Miles per gallon, average for U.S. motor vehicle fleet (18.19 mpg)
365 = Days per year (used to convert daily VMT to annual VMT)
NPV = Net present value factor (14.0939: gas tax payments based on 5.0% interest and a 25-year facility life)
Outside the AMA:
NET IMPACT FEE = TOTAL IMPACT COST - GAS TAX CREDIT
TOTAL IMPACT COST = VMT cost * (1-LADF) * COST/VMC
GAS TAX CREDIT = VMT credit * CREDIT/VMT
Where:
VMT cost = (ADT * ATL * % NT)/2
VMT credit = (ADT * TTL * % NT)/2
ADT = The average daily trip generation rate in vehicle-trips/day
% NT = Percent of new or primary trips, as opposed to pass-by or diverted-linked trips
ATL = Assessable trip length
TTL = Total trip length, calculated as ATL plus 0.5
LADF = Percent of ATL occurring on interstate highways or toll facilities, excluding through traffic that does not have an origin or destination in the county
COST/VMC = COST/LANE-MILE/CAPACITY ($393.86)
COST/LANE-MILE = Average cost to add a new lane-mile to the major roadway system ($3,744,000)
CAPACITY = Average daily capacity of a lane at desired LOS (9,506)
CREDIT/VMT = $/GAL * 365 * NPV/MPG ($52.60)/VMT
$/GAL = Capacity-expanding funding for roads per gallon of gasoline consumed ($0.186)
MPG = Miles per gallon, average for U.S. motor vehicle fleet (18.19 mpg)
365 = Days per year (used to convert daily VMT to annual VMT)
NPV = Net present value factor (14.0939: gas tax payments based on 5.0% interest and a 25-year facility life)
(c)
The alternative impact fee calculations shall be based on data, information, or assumptions contained in this article or independent sources, provided that:
(1)
The independent source is a county-accepted source of transportation engineering or planning data or information; or
(2)
The independent source is a local study carried out pursuant to an accepted methodology, and which studies the four (4) variables of ADT, % NT, ATL, and LADF.
(d)
An applicant may request transfer of a previously approved traffic impact study substantially consistent with the criteria required by this section, and which studies the four variables identified above. If that study is determined to still be valid, and if the county accepts transfer of the alternative impact fee calculation in the study, the traffic impacts of the applicant's development shall be presumed to be as described in such prior study. There shall be a rebuttable presumption that a traffic impact study conducted more than five (5) years earlier, or performed using a different methodology from that found in the ordinance in place at the time the alternative impact fee is requested, is invalid. This subsection shall not apply where an existing development order provides that the fee schedule in section 23-92 shall supersede any such traffic impact study.
(e)
The percentage of new or primary trips used in the alternative impact fee calculations shall be based on actual surveys conducted in the county. For the purposes of the alternative impact fee calculation, the percentage of new or primary trips shall be the percentage of average daily trips that a proposed use will generate that constitutes new or additional trips added to the county's major transportation network system. Those trips that do not represent additional trip ends shall not be counted as new or additional trips.
(f)
The provisions of this section 23-93 shall be implemented and administered in accordance with the procedures set forth in Orange County Administrative Regulations Nos. 4.01 and 4.02, as may be amended from time to time.
(g)
Any agreement proposed by an applicant pursuant to this subsection must be presented to and approved by the BCC prior to the issuance of any certificate of occupancy, temporary or permanent. Any such agreement may provide for execution by mortgagees, lien holders, or contract purchasers in addition to the landowner, and may permit any party to record such agreement in the official records of the county. The BCC 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 Contractors & Builders Association v. City of Dunedin , 329 So. 2d 314 (Fla. 1976), Hollywood Inc. v. Broward County , 432 So. 2d 606 (Fla. 4th DCA 1983), cert. denied , 440 So. 2d 352 (Fla. 1983); and Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach County , 446 So. 2d 140 (Fla. 4th DCA 1984), cert. denied , 451 So. 2d 848 (Fla. 1984).
(h)
The county shall conduct a follow-up review to confirm the approved assumptions in the alternative impact fee calculation study within five (5) years of BCC approval, unless the anticipated development is not constructed within three (3) years of BCC approval, in which case the county may conduct its review within five (5) years of completion of such construction. Impact fees attributable to any factors shown to exist but not previously accounted for in the study shall be paid within thirty (30) days of a demand letter issued by the county to the property owner.
(i)
In the event the alternative calculation results in a total impact cost which is less than the gas tax credit, then the proposed development shall be exempt from transportation impact fees for only the size and use of development approved for such alternative calculation.
(Ord. No. 2012-22 , § 2, 11-13-12; Ord. No. 2013-05 , §§ 1, 2, 2-12-13)