707-99 Transportation Impact Fees

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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.