HomeMy WebLinkAbout707-99 Transportation Impact Fees - "111111I11111111111111111111I1111111I1111II111111I1
y 99022857
// Rcpt: 307001 Ree: 51.00
DS: 0.00 I T: 0.00
02/25/99 Dpty Clerk
ORDINANCE NO.: 707
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS ESTABLISHING 00m
TRANSPORTATION IMPACT FEES FOR NEW "'
x no
DEVELOPMENT,PROVIDING FOR SHORT TITLE, 6'1
AUTHORITY AND APPLICABILITY; INTENT AND ►���
PURPOSE; RULES OF CONSTRUCTION; FAIR
SHARE FEE TO BE IMPOSED, ON NEW LANDLn
0 64'0
DEVELOPMENT ACTIVITY GENERATING µo
TRAFFIC; PAYMENT; SPECIAL ASSESSMENT; moo
USE OF FUNDS COLLECTED; ESTABLISHMENT ��
OF TRUST FUNDS; EXEMPTION AND CREDITS;
LIBERAL CONSTRUCTION SEVERABILITY AND ,
PENALTIES; AND AN EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 requires each local government to adopt a Capital Improvements Element
with level of service standards for public facilities andservices and a capital improvements
schedule; and
WHEREAS,the Capital Improvement Element must identify financial resources to assure
the availability of adequate infrastructure, including roadways, concurrently with new
development, and
WHEREAS,imposition of transportation impact fees on new development within the City
of Zephyrhills is a necessary additional source to derive sufficient revenues to improve existing
roadways and provide new roadways adequate to accommodate traffic anticipated to be generated
by new development; and
WHEREAS, construction, operation and maintenance of several roadways within and
adjacent to the municipal jurisdiction are responsibilities of Pasco County or the State of Florida;
and
NOW THEREFORE, be it enacted and ordained by the City Council of the City of
Zephyrhills, Florida as follows:
SECTION I. Short Title and Applicability.
A. This Ordinance shall be known and may be cited as the "New Development Fair
Share Contribution for Road Improvements Ordinance".
B. City Council of the City,of Zephyrhills has authority to adopt this Ordinance
through general non-charter home rule powers pursuant to Chapter 166 of the Florida Statutes.
C. Increasing the capacity of arterial and other roads to make them safe and more
efficient is,in the best interest of public health, safety and welfare.
D. Planning for the necessary provision of new roads and roadway improvements
created by new land development activity generating traffic is a responsibility of the City
government, and is in the best interest of public health, safety and welfare.
E. This Ordinance shall apply to the incorporated area of the City of Zephyrhills
Record and Return to:
City Clerk's Office ` "
5335 8th Street
Zephyrhills, FL 33540
-13R-131C74-1-0. PG 1. S�
2 of 11 •
except as specifically provided by any duly executed intergovernmental agreement with Pasco
County and/or the State of Florida.
SECTION IL Intent and Purpose.
A. City Council has determined that growth which Pasco County is experiencing will
necessitate extensive road network improvements and made it necessary to regulate new land
development activity generating traffic in order to maintain an acceptable level of road service.
In order to finance the necessary new capital improvements and regulate traffic generation levels,
several combined methods of-financing:will be necessary, one of which will require new Ian
development activity generating traffic to pay a "Fair Share Fee", which does not exceed pro rat
share of the reasonably anticipated expansion costs of new roads and other facilities.
B. Providing and regulating arterial and other roads and related facilities to make them
more safe and efficient, is in the best interest of public health, safety and welfare.
C. Implementing a regulatory scheme that requires newland development activity
generating traffic to pay a"Fair Share Fee" that does not exceed a pro rata share of the reasonabl
anticipated expansion costs of new roads created bythe new land development activity, is
responsibility of the City to implement the traffic circulation element of its Comprehensive Plan,
and is in the best interest of public health, safety and welfare.
D. It is the purpose of this Ordinance to establish a regulatory fee to assist in providing
increased capacity for the major road network system to accommodate the increased demand new
land development activity generating traffic will have on the road system. New land.-development
activity will be required to pay a fee which does not exceed a pro rata share of the reasonably
anticipated costs of new roads and other facilities that its presence necessitates: This is
accomplished by requiring a"Fair Share Fee" upon commencement of any new land development
activity generating traffic. This road impact fee is for the exclusive purpose of providing increase
capacity for the major road network system.
E. . .. .The purpose of this Ordinance is to regulate new developmentactivity generatin
traffic soas to require it to share in the burdens of growth by paying its pro rata share for the
reasonably anticipated expansion costs of road improvements.
F. It is not the purpose of this Ordinance to collect any money from new land
development activity generating traffic in excess.of the actual amount necessary to offset the
demand on the major road network system generated by the new land development activity. Itis
specifically acknowledged that City Council has approached the problem of determining the "Fa r
Share Fee" in a conservative and reasonable manner. This Ordinance will only partially recoup the
governmental expenditures associated with growth. Established residents will still be required to
bear the appropriate share of the cost of the road network system.
SECTION III. Rules of Construction.
For the purposes of administration and enforcement of this Ordinance, unless otherwi'e
stated in this Ordinance, the following rules of construction shall apply to the text of t s
Ordinance:
• 'ORlik4110- PG 14i8
3 of 11
(1) In case of any difference. of meaning or.implication between the text of this
Ordinance and any caption, illustration, summary table or illustrative,table, the text shall control.
(2) The word "shall" is always mandatory and,not discretionary; the word "may" is
permissive.
(3) 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 to the contrary.
(4) . The phrase "used for" includk:s "arranged for", "designed;for", "maintained.for".or
"occupied for".
(5) The word "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
(6) Unless the context clearly indicates the contrary where a regulations involves two
(2) ormore items, conditions, provisions, or events connected by the conjunction "and", "or" or
"either....or", the conjunction shall be interpreted as follows: .,
(a) "And" indicates that shall connected terms,,conditions, provisions;or events shall
apply. .
(b) "or" indicates that the connected items, conditions, provisions or events may apply
singly or in any combination.
(c) "Either....or" indicates that the connected items, conditions, provisions or events
may apply singly but not in combination. .
(7) The word "includes" shall not limit a term to the specific example but is intended
to extend its meaning to all other instances of circumstances of like kind or character.
(8) Where a road right-of-way is used to define zone boundaries, that portion of the
road right-of-way demarcating the boundary may be considered as part of any zone it bounds.
SECTION IV. Definitions. ,
A. Accessory Building.or Structure: A detached, subordinate building, the use of
which is clearly incidental and related_to,that of the principalbuilding or use of the land, and which
is located on the same lot as that of the principal building or use.
B. Arterial Road: A road which is a main traffic artery carrying relatively high traffic
volumes for relatively long distances. This classification includes all roads which function above
the level of the collector road.
C. Building,. Any permanent structure, having a roof and used or.built for the
enclosure or shelter or persons, animals, vehicles, goods, merchandise,_equipment, materials or
property of any kind for a period of time in excess of four (4) weeks in any one calendar year.
This term shall include tents, trailers, mobile homes, or any vehicles serving in any function of a
building.
- D. Building Permits: An official document or certificate issued by the authority having
jurisdiction, authorizing the construction.of any building. . .
OR BK 4-100 PG 14.1-71. '
4 of 11 •
E. Capacity: The maximum number of vehicles for a given time period which a road
can safely and efficiently carry; usually expressed in terms of vehicles per day. For the purpose
of this Ordinance the capacity of a road shall`.be 6872 vehicles per day perthrough lane.
F. Collector Road: A road which carries traffic from local roads to arterial roa s.
Collector roads have more continuity, carry higher traffic volumes and may provide less access
than local roads.
G. Collecting Agency: The governmental authority having jurisdiction to authorize
the making of any material change of any structure including the construction, enlargeme t,
alteration, or repair of buildings, or the governmental authority having jurisdiction to authori e
rezoning or special exceptions that make material changes in the use or appearance of land witho t
making material changes of any structures of the land.
H. Development Order: An official document or certificate, other than a building
permit, issued by the authority having jurisdiction, authorizing commencement .of.la d
development activity. This term includes any mining permit, land filling permit or other final.pl n
approval for land development activity. ...
I. Dwelling Unit: Dwelling unit shall have the meaning defined in the City of
Zephyrhills Land Development Code.
J. External Trip: Any trip which either has its origins from or its destination to the
development site and which impacts the major network.system.
K. Fair Share Fee: Road Impact Fee: or Fee: The fee required,to be paid in
accordance with this Ordinance.
L. Internal Trip: A trip which has both its origin and destination within the
development site.
M. Land Development Activity Generating-Traffic:'-.-The carrying out of any buildi?g
activity or the making of any material change in the use or appearance of any structure or land tlat
attracts-or produces vehicular trip(s)over and above that produced by the existing use-.of the laid
or construction activity. Subdivision development prior to construction of buildings is not a land
development activity generating traffic. Other land alteration which could generate traffic will be
evaluated on each specific instance.
N. Local Road: A road designed and maintained primarily to provide access to
abutting property. A local road is of limited continuity and is not for through traffic.
O. - Major Road Network System: All arterial and collector roads within Pasco County
transportation impact fee zone 6 as described and depicted on Exhibit "A" attached to and made
a part of this Ordinance, including new arterial and collector roads necessitated by land
developments.
P. Non commencement: The cancellation of construction activity making a material
change in a structure, or the cancellation of any other land development activity making a material
change in the use or appearance of land.
OR KRB r10 PG 141
5 of 11
.... . :. Q: Planned Unit Development: A land area, under unified control designed and
planned to be developed in a single operation by a series of prescheduled development phases
according to an officially approved.final Master Land Use.Plan. , . . , .
R. Site Related Improvements: Road construction or road improvements at or near
the development site which are necessary to interface the development's external trip with the
major road development'internal trips with the major road network system where a portion of the
major road network system is included within the development. (i.e. project driver, turn lanes,
signalization,.etc.). .
S. Traffic Impact Analysis: A study prepared by a qualified professional engineer, or
other qualified professions, in their respective fields, to determine the vehicular impact of the
development upon the Major Road Network System. This study includes, but is not limited to: •
determination of trip generation; trip distribution; traffic assignment; capacity analyses; and
improvements to the roadway system necessitated by the. development, such as required new
roads; additional laneage and signalization.
T. Trip: A one-way movement of vehicular travel.from an origin (one trip end) to,a
destination(the other trip end). For the purposes of this Ordinance, trip shall have the meaning
which it has in commonly accepted traffic engineering practice and which issubstantially the same
as that definition in the previous sentence.
U. Trip Generation: The attraction of production of trips caused by a given type of
land development.
V. Traffic Generation Statement: A documentation of proposed trip generation rates
submitted as part of a traffic impact analysis. This documentation would include actual traffic
generation information from a representative sampling of existing similar development.
W.; Transportation Impact Fee Zone: The area within.Pasco County lying east of
Morris B:ridge,Road/HandcartRoad (CR579), and south of.Clinton Avenue (SR 52A)/US 98.
::: ,SECTION V. Fair Share Fee to be Imposed on New Land Development Activity
Generating Traffic.
A. It has been determined,by City Council that any new land development activity
generating traffic in the City should be charged a reasonable "Fair Share Fee" to held regulate new
land development activity's effect on roads and related facilities.
B. After the effective date of this Ordinance,the applicant shall pay a "Fair Share Fee"
in the amount and manner required by.this Ordinance for any new land development activity
generating traffic. The "Fair Share Fee" shall be used within the transportation impact fee zone,
or for other state and/or County roadway improvements that are of direct benefit to mitigate the
traffic impact anticipated to result from the subject development activity. Direct benefit shall be
determined by an affirmative vote of City Council.
'OR BK 4e-100 PG 141'9
6 of 11
C. The "Fair Share Fee" shall be determined by using either of the following methods:
1. Independent Calculation: Any person may.determine his "Fair Share Fee" by
providing traffic and economic documentation that his economic impact on the major road
network system is less that the "Fair Share Fee" as determined under subparagraph C2 below. The
documentation submitted shall show the basis upon which the "Fair Share Fee" has been
calculated, including but not limited to the following factors: iii
a. Documentation of trip generation rates as appropriate for the proposed landII
development activity.
b. Basis for trip distribution, traffic assignment and trip lengths.
c. Estimates of the cost to replace the portion of the design capacity used by tie
traffic generated by the proposed land development activity on each of the affected roads (this cost
shall include consideration of a reasonable inflation rate, right-of-ways costs, plans preparation
costs and other cost which may reasonably be expected for the necessary road improvements).
d. Tax revenues derived from the.proposed.land,development activity which c n
reasonably be projected to be available for these capacity replacements costs.
e., The amount of any shortfall of these projected revenues when compared to the
required capacity replacement costs. This documentation shall;be prepared and presented by
qualified professions in their respective fields and must be based on studies, surveys and repos is
using standard practices and accepted methodological procedures. The mathematical assumpti n
formulas ,and generation rates used-in this Ordinance shall not. be. used as a,basis witho At
independent documentation. The City Manager, or his designee, shall be authorized to reject any
independent calculation not meeting the above criteria.
2. Fair Share Formula: The following Fair Share Formula may be used for hope
planned developments for which.a traffic impact analysis has been prepared for the purposes Iof
determining:the externaltripsimposed by the;development on the Major,Road.Network Syste
The Official Trip.Generation Rate as shown in.subparagraph C3. shall be used as,the basis i r
calculating the total external trips for the planned development.
The City Manager, or his designee, shall review the traffic impact analysis and determine
the "Fair Share Fee" to.be paid in accordance with the following formula. Any applicant may
challenge the City Manager's determination of the fee by filing a petition with the City Council to
determine the appropriate "Fair Share Fee" within thirty(30) days of the determination by the City
Manager, or his designee. ,,
The formula used to determine the traffic impact fee is as follows:
(((TGR/2)/CAP) X(COSTCON X TL)) X N where:
TGR =Trip Generation Rate
2 =the allocation of half the impact to the origin and half to the destination
CAP . .=average capacity of one lane of roadway(6872 vehicles/lane/day)
COSTCON . =average cost to construct one lane-mile of roadway(weighted average for
- City, County and State within the transportation impact fee zone currently
calculated to be $581,002.00) . .
OR 131"- 0 0PG 1 420
7 of 11
-TL,. ; =Trip Length:
4.73 miles/trip for all residential development
• '2.25.miles/trip for the following commercial:‘.
-: Sit-down restaurants
Banks/Savings and Loan/Financial Institutions
Convenience Market
Shopping Centers less than 50,000 GSFLA
0.9 mile-trip for the following commercial:
Service Station
Drive-thru and Fast-food Restaurants
Shopping Centers more than 50,000 GSFLA.
Trip length (miles/trip) is determined by the following formula:
(GSFLA *0.000045)
N =ratio of total costs charged to impact fee based upon other available
projected revenues currently calculated to be .83.
The fee shall be paid pursuant to Section VI below. Disputed fees may be contested and
placed in escrow with rebates provided in cases where'an engineered traffic study/analysis results
in adiscrepancy with the. formulated rate quoted to the developer.
3. Fee Schedule; Fees'charged pursuant to this`Ordinance shall be calculated using
the formulas'presented above, and shall be established by separate resolution of City Council.
Unless other independent studies are available, trip generation rates'will be based on the most
recent I1'E Trip Generation Information Report. For the convenience of the public the fees which
are based on the trip generation for more common land uses shall be converted into a dollar
amount and based 'on dwelling unit, building square footage, bed, parking space or room
depending on the particular land use.
In the event that two (2) or more categories are combined (i.g., convenience store, and
service stations), the higher of the two (2) or more rates will be applied.
• D' "The amount of the "Fair Share Fee" shall bereviewed'by City Council during the
preparation of each''fiscal'year's budget.. The review shall consider trip generation`rates, trip
lengths arid actual'construction costs fof work contracted for-bythe'City,•County°or the Florida
Department of Transportation within Pasco County transportation impact fee zone 6 during the
preceding five fiscal years. The purpose of this review is to analyze the effects of inflation on the
actual costs of roadway construction and right-of-way acquisition, and to insure the fee charged
new land development activity generating traffic will not exceed their pro rata share for the
reasonably anticipated expansion costs of road improvements necessary solely by their presence.
SECTION VI. Time of Payment/special Assessment Lien:
A. The "Fair Share Fee" shall be due and paid based on the following schedule:
1. Twenty-five Percent (25%) shall be paid upon issuance of any building or
development permits for any new or additional land development activity
generating traffic except single family and duplex dwellings.
2. Seventy-five Percent (75%) shall. be paid prior to the issuance of
• Certificate of Occupancy for the structure. The fee.for any single family or duplex
dwelling is due prior to issuance of a Certificate of Occupancy for the dwelling.
•
OR BK 4-100 PG 1 4 '1
8 of 11
Impact fees shall be based on the rates in effect at the time of payment.:
B. Should any payment not be made at the required time, said delinquency shall
constitute a special assessment against the property upon which the development occurred. The
City shall be entitled to file a lien upon the real property; and may enforce same in the manner as.
actions for foreclosure. In any action to foreclose a lien pursuant to this Ordinance the City shall,
in addition to damages, be entitled to reasonable attorney fees. This provision shall apply
retroactively as well as prospectively.
SECTION VII, Use of Funds Collected. •
A. The funds collected by reason of establishment of a road impact fee in accordance
with this Ordinance shall be used solely for the purpose of constructing or improving roads,
streets, highways and bridges on the major road network system including but not limited to:
1. 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 drainage facilities in conjunction with new roadway
construction,
7. purchase and installation of traffic signalization,
8. construction of new curbs, medians and shoulders, - -
9. relocating utilities to accommodate new roadway construction.
Funds shall be used for capital improvements or expansion within the City of Zephyrhills
or for projects within Pasco County traffic impact fee zone 6 that are of direct benefit tot .. e
development from which the funds were collected. Said funds shall not be used to maintain the
existing major"road network'system. -
SECTION VIII. Trust Funds Established. -
A. There is,hereby established a trust funds for transportation improvements.
B. Funds may be withdrawn from this account for use solely in accordance with the
provisions of Section VII of this Ordinance; provided, that the disbursement of such funds shall
require approval of the City Manager.
C. : Any funds on deposit not immediately necessary for expenditure shall beinvested
in interest bearing sources. All income derived shall be deposited in the trust fund.
D. The fees collected pursuant to this Ordinance may be returned to the present owner
if the land development activity generating traffic is cancelled due to non-commencement of
construction beforethe funds have been committed or spent pursuant to Section VI. Refunds may
be made in accordance with Sections VIII. D. 2. and VIII. D. 3. provided the then-present own-r
petitions City Council for the refund within six (6) months from the date of issuance of a
construction or building permit.
OR BK 4+ I. PG 14-2-2-\
9 Of 11
SECTION IX . , Exemptions & Credits.
A: The following shall be exempted from payment of the "Fair Share Fee";
1. Alterations or expansion ofan existing dwelling unit where no additional
units are created and the use is not changed.
.2. The construction of accessory buildings or structures which will not
increase the traffic counts associated with the principal building or of the land.
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 publicly-owned governmental buildings.
5. Planned Unit Developments approved by City Council prior to September
30, 1988 unless subsequently amended to permit additional development which would generate
traffic, in which case the additional development would be subject to impact fee assessment.
6. Any privately owned development.for which City Council finds the waiver
of traffic impact fees to be of overriding public interest after,conducting a.legally advertised public
hearing.
B. Credits:
1. In lieu.of paying the "Fair Share Fee", a developer may elect to construct
part of a major road network system which is in addition to on-site improvements. The developer
shall submit the proposed construction which he intends to do along with a cost estimate which
has been certified by a Florida registered professional engineer to the City Manager. The City
Manager shall determine if the proposed construction is an appropriate substitute for/the road
impact fee and the amount of credit to be given and the timetable for completion.
2. Where a proposed major network road runs through a development, and
where the developer is only required to construct two (2)lanes of the roadway, the developermay
elect,,upon submissionofa certified cost estimate as described;above, and approval of the cost by
the City Manager,to construct more than two (2)lanes and receive credit ,to the extent of the cost
for additional lanes constructed.
3. The current fair market value of land provided for a major roadway right-
of-way and/or required storm water retention associated with construction of a major roadway
may be provided as all or part of assessed transportation impact fees.
4. The developer may challenge any determinatiop'iinade-by''the City Manager
:pursuant to subparagraph B.1.2,;and 3.,.above.by filing a petitiO with the City Council.
SECTION • Liberal Construction, Severability and Penalty P-ravisions.,
A. The provision of this Ordinance shall be liberally construed to effectivel;; carry out
its purposes in the interest of public health, safety, welfare and convenience. _ -
B. It is declared to the intent of the City Council of the City-ofZephyrhills, Florida,
that if any section, subsection, sentence, clause or provision of this Ordinance shall be declared
invalid by a court of competent jurisdiction, the containedsaid section, subsection, clause or
provision and shall not be affected by such holding.
OR BK +1 OP PG 1 2 ..
10 of 11
t,
C. Any building or construction permit used for new construction,as covered by this
Ordinance, but without payment of the transportation impacffee as required by this Ordinance,
shall be void. Y'
D. A violation of this Ordinance shall be punishable according to law; however, in
addition to or in lieu of any criminal prosection,the City of Zephyrhills shall have:the power to sue
in civil court to enforce the provisions of this Ordinance.
SECTION XI. Sunset Provision. It is intende' that this Ordinance provide an
interim nomni amechanism for Binding r ?_ 'y improvements na:.aoci+Z ted by new growth d
p a.
that this Ordinance shall be replaced or, amended within one (1) year after'adoption of he
comprehensive land use plan update presently being conducted wi`iich,upc(atp'is expected to
include a long range transportation capital improvement program.
SECTION XII. Area Embraced.
This Ordinance shall apply to all lands located within the incorporated areas of the City of,
Zephyrhills.
SECTION XIII.. Penalties.
As an alternative to other penalties set forth in this Ordinance, and person, firm or other
entity which violates the provisions of this Ordinance, or any part thereof, shall be guilty of a Class
I violation punishable in the manner prescribed for such violations in the City Uniform Citation of
Fine Ordinance and in the Pasco County Uniform Fine System.
SECTION XIV Severability.
If any provision, section, part, sentence or phrase of this Ordinance shall be held to e
unconstitutional or invalid, all other provisions, sections, parts, sentences, or phrases of this
Ordinance not expressly so held to be unconstitutional or void shall continue in full force and
effect.
SECTION XV. Repealer.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the ext-nt
of such inconsistency. Ordinance No.: 480 is repealed in its entirety.
SECTION XVI. Effective Date,
This Ordinance shall become effective immediately upon its passage.
The foregoing Ordinance No. q07 was read and passed on its first reading by the City
Council of,thel a o Z p Kills, Florida, on this o-,C `'day of �.��.. .. . A.D., 19'9.
ti •
i air l i
•
{ •
CHARLES E. ATKINS, II
President of City Council
ATTEST
CrtX Cle{ ,\Linda D:'* oan
The foregoin j Ordinance No. 10-7 was read and passed on its second reading by the
City Council of the City of Zephyrhills,Florida, on t ' d ' da of A.D., 199.
CCff LES E. ATKINS, III
President of City Council
1 .
:.: Q 44 (- OR BK 4- 1 00 PG 1 41-24--
.1
'''• /e, ..
\ . e , 11 of 11
ATTES' ':c
CIV Clerk"LinTifib:B oan
A.4,3 4c1*
in
The foregog r mance No. /0 7 was read and passed on its second reading by the
4-IL
City Council of tile c4yrof Zephyrhills,Florida, 2n this'ail— day of JA)-1-0LAIA.D., 1999.
I
,,
, • '''' ., • ..y. •.
. —% ..
• /
-. e
.r
••ut ___, __-----
CHARLES E. ATKINS, r a
President of City Council ,
4A--it-
thy Clpfk, Linda D.
, r , ca
' 6
The foregoing Ordinance No. '/07 was approved by me this 0/g/4 day of
4 .
A.D., 1999.
I fi‘i2.4
(AMES A. BAILEY, Mayor
Off.ord(2-4-99)
. .
: -
r
I
, ; ';' •' -•:i
' ' • -