§ 42-56. Alternative road impact fee calculation.

(a)

If an applicant believes that the cost of his off-site roadway improvements needed to serve his proposed development will be less than that established in section 42-54, the applicant may submit an alternative road impact fee calculation, prepared by a competent professional within the traffic engineering field, to the city manager. The city manager may request an alternative impact fee calculation in lieu of the standard fee structure, if, in the manager's opinion, a study is warranted by exceptional traffic generation characteristics of the proposed development.

(b)

The city manager shall review the data, information, and assumptions used by the applicant in the alternative road impact fee calculation to determine whether the requirements of this section are satisfied. If the city manager finds that data, information, and assumptions used by the applicant to calculate the alternative impact fee satisfy the requirements of this section, he shall recommend an alternative road impact fee for the applicant to the city commission. If the city manager finds the requirements of this section are not satisfied, he shall so advise the applicant. The applicant may appeal the city manager's decision to the city commission, and the decision of the city commission as to an alternative road impact fee or the road impact fee schedule shall be final and binding on the applicant.

(c)

The alternative road impact fee shall be calculated by use of the following formula:

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Alternative Impact Fee =

(ADT) × (DF) × (TL) × (C) _____ CAP × 2

(1 + IF) n × (1+FS)

 

Where:

ADT	=	Number of average daily trip ends generated
DF	=	Diversion capture factor (% new trips)
TL	=	Local trip length for each proposed use
CAP	=	Typical new capacity per lane mile in vehicles per day at LOS D (7500)
C	=	Cost of right-of-way acquisition plus construction costs ($4,945,000.00 per lane mile in 2005 dollars)
IF	=	Inflation Factor projected at 2.5% per year
n	=	Number of periods from the base year of 2005
FS	=	Financing surcharge of 29.90%

 

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(d)

One ERU equals the amount of traffic from one single family residential unit.

(e)

The alternative road impact fee calculations shall be based on data, information or assumptions contained in this division and supporting documents, or provided by independent sources, provided that:

(1)

The independent source is an accepted standard source of transportation engineering or planning data or information;

(2)

The independent source is a local study carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering; or

(3)

If a prior approved development submitted, during the approval process, a traffic impact study substantially consistent with the criteria required by this division, and if that study is determined by the city manager to still be valid, the traffic impacts of the approved development shall be presumed to be as described in such prior study. In such circumstances, the road impact fee payable for such development under this division shall be revised accordingly to reflect the presumed traffic impact of such development. There shall be a rebuttable presumption that a traffic impact study conducted more than one year prior to the effective date of the ordinance from which this division derives is invalid. This subsection shall not apply where a development order previously granted provides that this division shall supersede such traffic impact study.

(f)

The diversion and capture factor used in the alternative road impact fee calculations shall be that used in the March, 2004, City of Winter Garden Road Impact Fee Study or based on actual surveys conducted in the city or West Orange County. For the purposes of the alternative road impact fee calculation, the diversion and capture factor shall be the percentage of average daily trips that a proposed use will generate that constitutes new or additional trips added to the city's major road network system. Those trips that do not represent additional trip ends shall not be counted as new or additional trips.

(g)

The new building shall be presumed to generate the maximum number of average daily trips to be generated by the most intensive use permitted under the applicable land development regulations, such as the comprehensive plan or zoning regulations, or under applicable deed or plat restrictions.

(h)

The cost of development and the city review of the alternative road impact fee calculation shall be paid by the applicant. Upon submittal of the alternative road impact fee calculation by the applicant, the finance department shall collect a review deposit of $1,000.00 from the applicant.

(i)

A determination by the city manager that the alternative calculation does not satisfy the requirements of this section may be appealed to the city commission.

(Code 1988, § 11.5-26; Ord. No. 98-89, § I, 12-10-98; Ord. No. 00-38, § II, 6-22-00; Ord. No. 04-17, § 1, 8-12-04; Ord. No. 06-39, § I, 10-26-06; Ord. No. 06-40, § 2, 10-26-06; Ord. No. 12-61, § I, 10-25-12)