§ 126-8. Fair Share Transportation Impact Fee.
(a)
Purpose and authority.
(1)
The BOCC has determined and recognized that the growth rate the county will experience through the year 2005 will necessitate a significant number of major road network improvements which make it necessary to regulate new land development activity generating traffic in order to increase the capacity of the county's major road network system to maintain an acceptable level of service as determined on the basis of an average annual basis.
(2)
In order to finance these new capital improvements, regulate traffic generation levels, and ensure that accommodating that growth is economically feasible, several combined methods of financing will be necessary, one of which will require all new land development activity generating traffic to pay its pro rata share of the capital expansion costs that will be incurred to expand the county's major road network system.
(3)
Implementing such a regulatory scheme that requires a new land development activity generating traffic to pay a fair share fee, that does not exceed a pro rata share of the reasonably anticipated expansion costs of new roads created by the new land development activity, is the responsibility of the county pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.) and is in the best interest of the public's health, safety and welfare.
(4)
Providing and regulating arterial and other roads and related facilities to make them more safe and efficient, in coordination with a plan for the control of traffic, is also the recognized responsibility of the county through F.S. § 125.01(1)(m) and is in the best interest of the public's health, safety and welfare.
(5)
It is not the purpose of this section to collect any money from new land development activity generating traffic in excess of the actual amount necessary to offset the demand on the county's major road network system generated by the new land development activity. Existing residents will still be required to bear their appropriate share of the cost of the county's major road network system.
(b)
Payment of fair share fee prior to issuance of certificate of occupancy. A fair share transportation fee shall be paid by any person, including any governmental agency, prior to receiving a certificate of occupancy for any new land development activity generating traffic that creates increased demand on the county's major road network system.
(c)
Establishment of fee schedule. Any person who shall initiate any new land development activity generating traffic, shall pay, prior to the issuance of a certificate of occupancy, either an alternate fee amount based upon the preparation of traffic impact analysis pursuant to subsection (d) of this section or, a fair share transportation fee as established by resolution of the BOCC.
(d)
Individual assessment of impact of land development activity on the major road network. The traffic impact analysis:
(1)
Any person who shall initiate any land development activity generating measurable traffic may choose to provide an individual assessment of the demand the proposed land development activity will place on the county's major road network system in order to show that the capital expansion costs necessitated by the proposed land development activity are less than the fair share fee established in subsection (c) of this section.
(2)
The individual assessment shall be undertaken through the submission of a traffic impact analysis that shall include the following information:
a.
The projected trip generation rates for the proposed land development activity, on an average annual basis, and at a peak design hour basis. The trip generation rates for the same or similar land use types, or state or national trip generation rate information, if applicable;
b.
The proposed trip length, trip distribution, and traffic assignment of the trips generated from the proposed land development activity onto the county's major road network system. Trip length information shall be based upon local empirical surveys of similar land use types or trip length data compiled by the county Planning Director for average trip length for similar land use types. Trip distribution information shall be based upon the existing physical development activity, and projections of population and physical development consistent with the county's comprehensive plan;
c.
The traffic assignment of trips generated by other approved land development activity in the area on the county's major road network system;
d.
An assessment of the capital expansion of the county's major road system necessitated by the proposed land development activity if it is to be maintained at level of service D on an average annual basis. Needed improvements shall be determined through the end of a 20-year time horizon beginning with the year the project is built out or completed. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the county's major road network system necessitated by the proposed land development activity;
e.
An assessment of the costs of providing the capital expansion necessitated by the proposed land development activity. The cost figures used shall be based upon recent empirical information of the costs in the county for the construction of a lane mile, and shall include related right-of-way costs, and the planning, design and engineering costs for the necessary capital improvements;
f.
An assessment of the projected tax revenues that will be derived from the proposed land development activity that can be reasonably determined to be available to pay for new capital improvements to the county's major road network system over the planning horizon; and
g.
The amount of any shortfall between the projected tax revenues and the capital expansion costs for the major road network system necessitated by the new land development activity. Any shortfall shall be considered the proposed fair share transportation fee.
(3)
The traffic impact analysis shall be prepared by qualified professionals in the field of transportation planning and engineering, impact analysis and economics, and shall be submitted to the Planning Director.
(4)
Within 20 working days of receipt of a traffic impact analysis, the county Planning Director shall determine if it is complete. If the county Planning Director determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the county Planning Director shall take no further action on the traffic impact analysis.
(5)
When the county Planning Director determines the traffic impact analysis is complete, he shall review it within 20 working days, and shall approve the proposed fee if it is determined that the traffic information, traffic factors, and methodology used to determine the proposed fair share transportation fee are professionally acceptable and fairly assess the costs for capital improvements to the county's major road network that are necessitated by the proposed land development activity if the road network is to be maintained at level of service D on an average annual basis. If the county Planning Director determines the traffic information, traffic factors and methodology is unreasonable, the proposed fee shall be denied, and the developer shall pay the fair share transportation fee as established in subsection (c) this section.
(6)
Any person may appeal the county Planning Director's decision on a traffic impact analysis by filing a petition with the BOCC within 30 days of a decision by the county Planning Director. In reviewing the county Planning Director's decision, the BOCC shall use the standards established in this subsection.
(e)
Time and amount of payment. No certificate of occupancy shall be issued until any applicable fair share transportation fee is paid. If, in the time between the date of the building permit application and the date of the request for a certificate of occupancy, the applicable fair share transportation fee amount is altered, the fee due shall be the lower of the two amounts.
(f)
Interpretation of the section and fee schedule.
(1)
Interpretation of all provisions of this section, including whether a proposed land development activity is identified in one of the land use types in the fee schedule established in subsection (c) of this section, shall be made by the county Planning Director.
(2)
Any person who shall initiate any land development activity not identified in the fee schedule established in subsection (c) of this section shall submit a traffic impact analysis to the county Planning Director for a determination of the fair share transportation fee for the proposed land development activity.
(3)
The traffic impact analysis shall include the information outlined in subsection (d) of this section and shall be reviewed in accordance with subsection (d) of this section.
(4)
If the county Planning Director determines the traffic information, traffic factors and methodology used in the traffic impact analysis is unreasonable, he shall establish a fair share transportation fee for the proposed land development activity that is consistent with the cases of Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla. 1976) and Home Builders and Contractors Association of Palm Beach County v. the Board of County Commissioners of Palm Beach County, 446 So.2d 140 (Fla. 4th DCA 1983) and the standards and criteria established in this section.
(5)
Any person may appeal the county Planning Director's determination of the fair share transportation fee on any traffic impact analysis they submit by filing a petition with the BOCC within 30 days of a decision by the county Planning Director. In reviewing the county Planning Director's decision, the BOCC shall use the standards established in subsection (d) of this section.
(g)
Credits to the fair share transportation fee.
(1)
The county Planning Director shall grant a credit against any fair share transportation fee imposed by this section upon any new land development activity generating traffic where the person initiating the land development activity has entered into an agreement with the county to construct capital roadway improvements which expand the county's major road network by providing roadway improvements that are consistent with the comprehensive plan. A credit equal to the dollar value of the capital road improvement in the agreement shall be provided. No credit shall exceed the fair share transportation fee imposed by this section for the proposed land development activity.
(2)
The determination of the credit shall be undertaken through the submission of a proposed credit agreement to the county Planning Director, which agreement shall include the following information:
a.
A proposed plan of specific roadway improvements, prepared and certified by a duly qualified and licensed state road engineer; and
b.
The projected costs for the suggested roadway improvements, which shall be based on local information for similar transportation improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one year after completion of construction, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction.
(3)
The proposed credit agreement shall be prepared by qualified professionals in the fields of transportation planning and engineering, impact analysis and economics.
(4)
Within 20 working days of receipt of the proposed credit agreement, the county Planning Director shall determine if the proposal is complete. If it is determined that the proposed agreement is not complete, the county Planning Director shall send a written statement to the applicant outlining the deficiencies. The county Planning Director shall take no further action on the proposed credit agreement until all deficiencies have been corrected or otherwise settled.
(5)
Once the county Planning Director determines the credit agreement is complete, he shall review it within 20 working days and shall approve the proposed credit agreement if it is determined that the proposed capital roadway improvement is consistent with the capital improvements in the comprehensive plan for the county's major road network and the proposed costs for the suggested roadway improvement are professionally acceptable and fairly assess the cost for the capital improvement. If the county Planning Director determines that either the suggested capital improvement is not consistent with the proposed roadway improvement outlined in the comprehensive plan or that the proposed costs are not acceptable, he shall propose a suggested roadway improvement similar to that proposed, but consistent with the provisions of this section.
(6)
If the proposed credit agreement is approved by the county Planning Director or if the recommended credit agreement is accepted by the applicant, a credit agreement shall be prepared and signed by the applicant and the county. It shall specifically outline the capital roadway improvements that will be constructed by the applicant, the time by which it shall be completed, and the dollar credit the applicant shall receive for construction of the capital roadway improvement.
(7)
Any person may appeal the county Planning Director's decision on any credit agreement he submits, by filing a petition with the BOCC within 30 days of a decision by the county Planning Director. In reviewing the county Planning Director's decision, the BOCC shall use the standards established in subsection (c) of this section.
(h)
Review of the fee schedule. Prior to the adoption of the annual budget, the BOCC shall receive a report from the county Planning Director on the fair share transportation fee schedule in subsection (c) of this section and any recommended changes in the fee schedule. Changes in the schedule should be based on any revisions to population projections, travel characteristics, road costs, inflation and other relevant factors.
(i)
Use of funds collected.
(1)
The county shall establish an appropriate accounting mechanism for ensuring that the fees collected pursuant to this section are appropriately earmarked and spent for the capital expansion of the county's major road network system.
(2)
Three accounts shall be established, one for each subdistrict as shown in appendix A to the ordinance from which this chapter is derived; and fees collected pursuant to this section shall be paid into the accounts established for the subdistrict in which the new land development activity is proposed.
(3)
Expenditure of fair share fees and trust accounts shall be as follows:
a.
The funds collected by reason of the establishment of the fair share transportation fee shall be used solely for the purpose of acquisition, expansion and development of the major road network system determined to be needed to serve new development, including, but not limited to:
1.
Planning, design and construction plan preparation;
2.
Right-of-way acquisition;
3.
Construction of new through lanes;
4.
Construction of new turn lanes;
5.
Construction of new bridges;
6.
Construction of new drainage facilities in conjunction with new roadway construction;
7.
Purchase and installation of traffic signalization;
8.
Construction of new curbs, medians and shoulders;
9.
Construction of new bicycle paths;
10.
Construction of new pedestrian pathways and sidewalks; and
11.
Installation of new landscaping in conjunction with any of the projects listed in this subsection (i)(3)a.
b.
Proceeds from each account shall be used exclusively for the capital expansion of the county's major road net system in the subdistrict from which the moneys have come, with the exception that a portion of the funds from each district may be allocated to projects outside of the subdistrict, on U.S. 1, Card Sound Road, and C-905 in Key Largo, and the proceeds are used in a manner consistent with the capital improvements plan of the comprehensive plan.
c.
Any funds in each of the accounts on deposit, not immediately necessary for expenditure, shall be invested in interest-bearing assets. All income derived from these investments shall be retained in the applicable account.
d.
Each year, the fair share transportation fees collected may be returned to the feepayer if the land development activity generating traffic is canceled due to noncommencement of construction before the funds have been spent or encumbered. Refunds may be made in accordance with this section, provided the then present owner files petition for a refund within three months from the date of noncommencement.
e.
The refund of fair share transportation fees shall be undertaken through submission of a refund application to be submitted within one year following the end of the sixth year from the date on which the fair share transportation fee was paid or within three months from the date of noncommencement. The refund application shall include the following information:
1.
A notarized statement that the feepayer paid the fair share transportation fee for the property and the amount paid;
2.
A copy of the receipt issued by the county for payment of the fee;
3.
A certified copy of the latest recorded deed for the property; and
4.
A copy of the most recent ad valorem tax bill.
f.
Within 20 working days of receipt of the refund application, the county Planning Director shall determine if it is complete. If the county Planning Director determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the county Planning Director shall take no further action on the refund application.
g.
When the county Planning Director determines the refund application is complete, he shall review it within 20 working days, and shall approve the proposed refund if he determines the feepayer has paid a fair share transportation fee, which the county has not spent or encumbered within six years from the date the fees were paid.
h.
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 six years from the date the fees were paid, the money shall be returned with interest at the rate of six percent per annum.
i.
Any feepayer may appeal the county Planning Director's decision on a refund application, by filing a petition with the BOCC within 30 days of a decision by the county Planning Director. In reviewing the county Planning Director's decision, the BOCC shall use the standards established in subsection (c) of this section.
(j)
Exemptions. The following new land development activities generating traffic are exempted from payment of the fair share transportation fee:
(1)
Alterations or expansion of an existing dwelling unit, including the replacement of or relocation within the service district, a mobile home, where no additional units are created and the use is not changed;
(2)
The construction of accessory buildings or structures that are not dwelling units and which do not constitute an increase in intensity of use;
(3)
The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use;
(4)
The construction of any employee or affordable housing units, provided that:
a.
Prior to the issuance of a building permit for such units, evidence shall be provided to the Planning Director that a notice of deferred payment of impact fee has been recorded on the chain of title; and
b.
If the employee or affordable housing units because of occupancy or ownership no longer qualify as affordable or employee units under the provisions of this chapter, the impact fee shall be due and owing; and
(5)
Publicly owned governmental buildings, except for those used for permanent or temporary housing.
( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)