§ 18-10. Imposition.
(a)
Applicability of fee.
(1)
Any person who makes or causes the making of an improvement to land which will generate additional traffic and which requires the issuance of a building permit, or any person who changes the use of any building to one which will generate additional traffic, shall be required to pay a transportation impact fee in the manner and amount set forth in this section.
(2)
No person shall undertake construction of an improvement for which the fee imposed by this article is applicable without having paid the proper transportation impact fee imposed by this article. No person shall change the use or allow a change in use of any building where the fee imposed by this article is applicable without having paid the proper transportation impact fee imposed by this article.
(b)
Payment of fee required prior to issuance of building permit. No county or municipal building permit shall be issued for any activity requiring payment of an impact fee pursuant to this article shall be issued unless and until the transportation impact fee required by this article has been paid. The obligation of a person to pay the fee imposed by this article shall not be extinguished by the inadvertent failure of the city to collect the fee at the time required.
(c)
Methods of determination. The transportation for any development activity generating traffic in the city shall be determined either by using the method set forth in subsection (1) of this subsection (c) or by using the fee schedule set forth in subsection (3) of this subsection (c).
(1)
Independent calculation. Any person may determine their transportation impact fee by providing independent traffic documentation that their impact on the thoroughfare system is less than the transportation impact fee as determined under subsection (3) of this subsection (c). The documentation submitted shall show the basis upon which the transportation impact fee has been calculated, which shall conform to the following factors:
a.
The trip generation rate, trip length and the percent of new trips shall be documented together. In no event shall they be documented separately. All other variables in the transportation impact fee formula cannot be altered, but shall be based upon data current at the time this fee shall be due. Petitioners requesting to undertake an independent calculation may substitute the trip generation rate and the percent of new trips and trip length in the transportation impact fee formula with data obtained from approved traffic surveys and actual traffic counts generated by approved traffic study sites. The transportation impact fee formula is identified and explained in subsection (2) of this subsection (c).
b.
The unit of measure used for trip generation in the independent calculation must be identical to the one used in the transportation impact fee formula, in order to measure accurately the project's impact on the thoroughfare system.
c.
If a single business or shopping center is studied, at least two (2) sites within the City of South Daytona must be tested. The results of each site must be added together and averaged to obtain an alternative trip generation rate, trip length and percent of new trips. The results can be substituted in the transportation impact fee formula. If the study results indicate a lower fee, the charges will be adjusted accordingly.
d.
If no suitable alternative site is available as determined by the city staff, the applicant may pay the transportation impact fee, and employ a licensed engineer to conduct a traffic study on the project site within six months after the enterprise is open for business. The traffic study timeframe and monitoring points must be approved by the city staff. Only the trip generation rate, trip length and the percent of new trips can be used in the analysis. Once the results of each sampling point are added together and averaged they may be substituted in the transportation impact fee formula. The results will be used to determine an appropriate impact fee. If the traffic study results indicate a lower fee and accepted by the city staff, the difference will be refunded to the applicant. All refunds are subject to section 94-107. This documentation shall be prepared and presented by licensed engineers. Specific actions such as the number of manual or automated counts, number of personal surveys, location of the sampling stations and the layout of the study sites will be negotiated by the applicant and city staff.
(2)
Transportation impact fee formula. The following formula shall be used to determine the impact fee per unit of development:
Impact Fee = (½)*(TGR)*(%NT)*(DF)*(ATL)*(CC/LM)°WCL
Where: TGR = trip generation rate assigned to each land use NT = new trips generated by the land use DF = distribution factor of trips utilizing the thoroughfare network ATL = average trip length utilizing the thoroughfare network CC = average road construction cost LM = lane miles WCL = weighted capacity per lane mile (3)
Fee schedule. The following fee schedule has been prepared based upon the formula presented in subsections (1) and (2) of this subsection (c) using in part the Ghyabi and Associates (G&A) impact fee study, completed June, 2004.
a.
The transportation impact fee schedule is as follows:
Land Use
Units
Rate
Residential
Single-family DU $436.46 Apartment DU $302.37 Residential condominium/townhouse DU $222.71 Mobile home within a park DU $154.13 Nonresidential
Hotel Rooms $254.14 Motel Rooms $138.19 Nursing home Beds $45.01 Office and Financial
Office under 10,000 GSF sq. ft. $0.85 Office over 10,000 GFS sq. ft. $0.46 Corporate headquarters building sq. ft. $0.29 Medical office sq. ft. $1.09 Hospital sq. ft. $0.49 Bank w/drive-thru sq. ft. $2.16 Bank w/no drive-thru sq. ft. $0.90 Industrial
Light industry sq. ft. $0.24 Manufacturing sq. ft. $0.13 Warehouse sq. ft. $0.17 Mini-warehousing sq. ft. $0.08 Retail
Retail: Less than 10,000 sq. ft. $1.05 Retail: 10,000—99,999 sq. ft. $0.68 Retail: 100,000—1,000,000 sq. ft. $0.61 Retail: Greater than 1,000.000 sq. ft. $0.73 Quality restaurant sq. ft. $1.59 High-turnover restaurant sq. ft. $2.09 Fast food restaurant sq. ft. $4.53 CBD sandwich shop sq. ft. $0.94 Quick lubrication Bays $757.55 Auto care sq. ft. $0.73 New and used car sales sq. ft. $1.04 Tire store/auto repair Bays $544.03 Supermarket sq. ft. $1.34 Convenience store sq. ft. $3.38 Convenience store w/gas pumps sq. ft. $2.87 Convenience store w/gas & fast food sq. ft. $5.42 Home improvement store sq. ft. $0.71 Pharmacy/drugstore w/drive-thru sq. ft. $0.57 Furniture store sq. ft. $0.12 General recreation Parking space/campsites $151.31 Major sports facility Parking space $91.86 Local park Parking space $69.30 District park Parking space $102.99 Miscellaneous
Movie theater Screens $1,850.84 Church sq. ft. $0.24 Day care sq. ft. $0.86 b.
Credits for completed and accepted non-site-related improvements, as described in subsection (1) of this subsection (c), shall be determined for each application, and shall be deducted from the transportation impact fees listed in the transportation road impact fee schedule, at the time transportation impact fees are to be paid. The value of non-site-related improvements for which credits may be allowed shall be determined by the city manager or designee.
c.
Credits for the present value of future gas or motor fuel tax payments utilized to fund capacity expansion of the thoroughfare road systems are included in the calculations of the fee schedule set out in this section.
d.
The fees charged for a building with more than one (1) use shall be for that use having the highest traffic generation rate except for church buildings with mixed uses or buildings with residential and non-residential mixed uses. If the church building has more than one (1) use, the separate uses are to be identified and appropriately charged according to the fee schedule. If a building has residential and non-residential uses, the square footage of the building identified as residential will be charged based on the number of dwelling units, and then, the square footage identified as non-residential shall be charged for that use having the highest traffic generation rate.
e.
If the type of development activity for which a building permit is applied is not specified on the fee schedule set out in this section, the city shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. The city shall be guided in the selection of a comparable type by the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent editions). If the city determines that there is no comparable type of land use on the fee schedule set out in this section, then the fee shall be determined by using traffic generation statistics contained in the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent edition), average trip length and percent of new trips based upon the best data available to the city and by applying the formula set forth in subsection (1) of this subsection.
f.
In the case of an expansion of an existing use on the same lot or an adjoining lot (which may be intersected by an easement or right-of-way) requiring the issuance of a building permit, the impact fee shall be based upon the net increase in the impact fee for the new as compared to the previous use. Provided, however, the impact fee shall be reduced by fifty (50) percent from the amount of the fee that would otherwise be due and payable for an expansion to an existing use. The city shall be guided in this determination by the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent edition).
g.
In the event the impact fee rate for a particular land use is changed subsequent to the issuance of a building permit and before the issuance of a certificate of occupancy, the impact fee shall be the amount in effect on the date payment is received. Provided further, that an initial application for a site plan development order has been filed with the city and provided that the project developer has applied for a building permit before the effective date of these regulations, a project shall not be subject to the transportation impact fee.
h.
The transportation impact fee on a shopping center shall be computed using one (1) retail-commercial rate for all stores except the out-parcels, which shall be calculated using the rate for that land use from the transportation impact fee schedule.
i.
If an affidavit is filed by the owner of real property with the county or municipality certifying that a farm building on a farm is exempt from issuance of a building permit under Florida law, then the building shall also be exempt from impact fee charges.
j.
Road construction and right-of-way credits issued by the department of community development can be transferred between lots with identical land uses.
k.
Transportation road impact fees for private universities and colleges shall be based on the number of additional full-time equivalent ("FTE") students that any improvements to the school are designed to accommodate. The fee shall be based on 2.38 trips per FTE as indicated by the Institute of Transportation Engineers Trip Generation Manual, Sixth Edition. Individual studies shall be utilized to demonstrate the average trip length for each proposed project, if the project results in an increase in the planned FTE student capacity. The college or university president shall certify that the project shall not increase said FTE's.
l.
The transportation impact fees established above shall increase annually effective October first beginning on October 1, 2005 by the Consumer Price Index as determined by the U.S. Department of Labor for the South Eastern United States for All Goods.
(Ord. No. 04-21, § 1, 7-27-04)