§ 42-53. Intent and purpose.

(a)

This division is intended to implement and be consistent with city comprehensive plan.

(b)

The purpose of this division is to ensure that new development pays a fair share of the anticipated costs of needed road system improvements necessary to serve new development. In order to finance the necessary new capital improvements, several combined methods of financing shall be employed, one of which will impose a regulatory impact fee on new growth and development which does not exceed a pro rata share of the reasonably anticipated costs of major road network system expansion and improvements.

(c)

Implementing a regulatory scheme that requires new development to pay a road impact fee that does not exceed a pro rata share of the reasonably anticipated expansion costs of new roads needed to serve new growth and development is the responsibility of the city in order to carry out the traffic circulation element of its comprehensive plan, as adopted under F.S. § 163.3161 et seq., and is in the best interest of the health, safety and welfare of the citizens of the city.

(d)

The purpose of this division is to enable the city to allow growth and development to proceed in the city in compliance with the adopted comprehensive plan, and to regulate growth and development so as to require growth and development to share in the burdens of growth by paying its pro rata share for the reasonably anticipated expansion costs of major road network system improvements.

(e)

It is not the purpose of this division to collect fees from growth and development in excess of the cost of the reasonably anticipated improvements to the major road network system needed to serve the new growth and development. The city commission finds that this division has approached the problem of determining the road impact fee in a conservative and reasonable manner. This division will only partially recoup the governmental expenditures associated with growth. Under this division existing residents also shall pay a fair share of the costs of needed improvements to the major road network system.

(f)

Absent an impact agreement pursuant to section 42-56, it shall be the policy of the city to collect the impact fees assessed by this division in lieu of any off-site road improvements.

(g)

The technical data, findings and conclusions in this division are based on the comprehensive plan, as amended, the Winter Garden Area Transportation Study as written by Transportation Consulting Group and adopted by the city commission on March 28, 1996, the Evaluation and Appraisal report as adopted by the city commission on September 24, 1998, the Orlando Urban Area Transportation Study, the Orange County 1998 Road Impact Fee Update Study and a study by an independent firm of engineers, surveyors, scientists and planners, Dyer, Riddle, Mills & Precourt, Inc., completed August 1990, and updated in 1998, and a city staff study entitled Southern Benefit Area Transportation Impact Fee Study, which was completed in April of 2000.

(h)

This division supersedes Ordinance No. 89-68, the Interim Road Impact Fee Ordinance.

(Code 1988, § 11.5-23; Ord. No. 98-89, § I, 12-10-98; Ord. No. 00-38, § II, 6-22-00)