856-03 Amend Transportation Impact Fee Ordinance

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SBR BK 5606 PG 316 9 of 13 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 before the 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 owner petitions City Council for the refund within six (6) months from the date of issuance of a construction or building permit. E. Funds collected from the second impact fee zone shall not be spent for any improvements within the CRA. SECTION IX. Exemptions & Credits. A. The following shall be exempted from payment of the "Fair Share Fee"; 1. Alterations or expansion of an 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. 111 6. The construction of new residential or commercial buildings, or the alteration or expansion of existing buildings within the CRA as designated in Exhibit "A" attached hereto. 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 timetablefor 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 developer may elect,upon submission of a 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 determination made by the City Manager pursuant to subparagraph B.1.2, and 3., above by filing a petition with the City Council.