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HomeMy WebLinkAbout1986-141 n q r q � AI a v.' ORDINANCE NO. 86-14 AN ORDINANCE TO BE KNOWN AS THE INDIAN RIVER COUNTY FAIR SHARE ROADWAY IMPROVEMENTS ORDINANCE; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING RULES OF CONSTRUCTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE IMPOSITION OF A FAIR SHARE ROADWAY IMPROVEMENTS FEE ON ALL NEW LAND DEVELOPMENT ACTIVITY GENERATING TRAFFIC; PROVIDING FOR TIME OF PAYMENT; PROVIDING FOR INTERPRETATION OF THE FEE SCHEDULE; PROVIDING FOR CREDITS; PROVIDING FOR REVIEW OF THE ORDINANCE AND FEE SCHEDULE; PROVIDING FOR USE OF FUNDS COLLECTED AND TRUST FUNDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR LIBERAL CONSTRUCTION AND SEPARABILITY; PROVIDING FOR PENALITIES; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Indian River County Board of County is a Commissioners ("County Commission") establishes the policy that the County's major road network system shall maintain a Level of 4'#an n : Service "C" on an average annual basis and a Level of Service D during peak times, and WHEREAS, the County Commission through planning and transportation studies recognizes that the growth rate Indian River County will experience over the next twenty years will x' necessitate a significant number of improvements to the County's ., major road network system in order to maintain this established level of service; and - 1 - .il f ,. x.53... -- ORDINANCE NO. 86-14 AN ORDINANCE TO BE KNOWN AS THE INDIAN RIVER COUNTY FAIR SHARE ROADWAY IMPROVEMENTS ORDINANCE; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING RULES OF CONSTRUCTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE IMPOSITION OF A FAIR SHARE ROADWAY IMPROVEMENTS FEE ON ALL NEW LAND DEVELOPMENT ACTIVITY GENERATING TRAFFIC; PROVIDING FOR TIME OF PAYMENT; PROVIDING FOR INTERPRETATION OF THE FEE SCHEDULE; PROVIDING FOR CREDITS; PROVIDING FOR REVIEW OF THE ORDINANCE AND FEE SCHEDULE; PROVIDING FOR USE OF FUNDS COLLECTED AND TRUST FUNDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR LIBERAL CONSTRUCTION AND SEPARABILITY; PROVIDING FOR PENALITIES; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Indian River County Board of County is a Commissioners ("County Commission") establishes the policy that the County's major road network system shall maintain a Level of 4'#an n : Service "C" on an average annual basis and a Level of Service D during peak times, and WHEREAS, the County Commission through planning and transportation studies recognizes that the growth rate Indian River County will experience over the next twenty years will x' necessitate a significant number of improvements to the County's ., major road network system in order to maintain this established level of service; and - 1 - . a r'Y� ��f Y � �a'� �a'zs k�•.Y�- ,�#', �zt 1,�}z � � t t e'k � '� %i � .ems q SECTION IV. Definitions Definitions as used in this section. A. Arterial Road means a road which is a main traffic artery carrying relatively high traffic volumes for relatively long distances. Generally, an arterial road is greater than two lanes in width, and longer than two (2) miles in distance. All arterial roads in Indian River County are designated in Exhibit A, which is incorporated herein by reference. B. Building Permit means that development permit issued by the Indian River County Building Department or applicable City building department before any building or construction activity can be initiated on a parcel of land. C. Capital Improvements include the planning of, engineering for, acquisition of land for, and construction of roads, turnlanes, intersection improvements and signalization, but does not include maintenance. D. Collector Road means a road which carries traffic from local roads to arterial roads. Collector roads have more continuity, carry higher traffic volumes, and may provide less access than local roads. Generally, collector roads are two-lane facilities and generally operate at lower capacity and operating speeds than do arterial roads. All the collector roads in Indian River County are designated in Exhibit A, which is incorporated herein by reference. E. Commence Land Development ;.ctivity means the occurrence of any of the following events; (1) the approval of the County Commission of any development of Regional Impact pursuant to Section 380.06, Florida Statutes; or (2) the issuance of a building permit. F. Existing Land Development Activity means the most intense use of land within the twelve (12) months prior to the time of commencing land development activity generating traffic. 6 - (3) The impact fee shall be computed on the r,k x assumption that the property will be developed in the manner that will generate the maximum impact permitted under the applicable laws, except to the extent the development is restricted by a Fee Agreement pursuant to Section V.A.(5). (4) Any person who, prior to the effective date of this ordinance, agreed as a condition of development approval to pay impact fees shall be responsible for the payment of the fees ^3b under the terms of such agreement, and the payment of such fees by the person will be offset against any impact fees otherwise N=` due at later stages of the development activity for which the fee 4^fin was paide (5) Any person commencing land development activity generating traffic which increases demand on the County's major road network system and whose land is to be built out at less than the maximum permitted under applicable law may enter into a Fee Agreement with the County Commission which stipulates the agreed use of the property, and assesses a fee that is consistent with the agreed use of the property. The Fee Agreement shall be recorded in a manner that insures it will run with the land. B. Establishment of Fee Schedule (1) Any person who shall initiate any new land development activity generating traffic, except those preparing an Individual Assessment pursuant to Sections V. C., or VI. B., shall pay a "Fair Share Roadway Improvements Fee" for the land development activity as established by the fee schedule set out below for the District in which the new land development activity is to be initiated. The District boundaries are shown on Exhibit "B" which is attached hereto and incorporated herein by I. reference. 9 - k- s �� a � v. fr<]�"y { s'I, �.r � Y �"xm� r ° .. 4' r ',Y -: a. r � . •+Ot r !Y «. r,, office and Financial: Medical Office "�'' (per L,000 Sq.ft.l 2436 2276 1587 1138 1166 516 717 944 370 g other office (per 1,000 eq.ft.) 1000 935 652 459 479 212 170 708 176 Al Industrial: Warehouse (per 1,000 eq.ft.) 334 312 217 153 160 71 43 129 45 General Industrial . t-. (per 1,000 sq.ft.) 369 345 240 169 177 78 48 147 SO e3o„k t Retail: Under 50,000 sq,ft, 2169 2027 1413 996 1038 460 282 841 294 �;. (par 1,000 sq.ft.) �,.,... 'a. 50,000-99,999 &I. 2233 2086 1454 1025 1069 473 290 865 307 '.. (per 1,000 s7.1t.) 1000000-249,999 sq. ft. 2556 2308 1665 1173 1224 542 732 990 746 , "a (per 1,000 sq.ft.) '^ - 250,000 and over 2640 2467 1720 1212 1264 559 343 1023 358 w. 3x4 F,,a a..:.-: (Per 1,000 sq.ft. (2) Because of the administrative costs the County would normally incur in processing and reviewing a traffic impact Analysis for an Individual Assessment of the impact new land development would have on the County's major road network, the impact fees in the fee schedule have been reduced by fifteen (158) percent, For any person choosing to prepare an Individual nxb; Assessment, the County shall require the full cost for providing new roads for the land development activity generating traffic, C. Individual Assessment of Fiscal Impact of Land Development Activity on the Major Road Network: The Traffic Impact Analysis (1) The "Fair Share Roadway Improvements Fee" shall be determined by the Individual Assessment of Fiscal Impact of Land Development on the Major Road Network if: 10 - FEE 8C19MU1.F FOR Na4 LAND DeVE7DPD M AM= Iard District District District District District District District District District type of DeV risnt Activity I II III IV V VI VII VIII I% Residential: Single family (per unit) $1158 $1002 $ 766 $ 540 $ 563 $ 249 $ 153 $ 456 $ 159 M:lti-family (per unit) 650 607 778 548 571 253 155 463 162 Mobile hares 780 720 508 358 373 165 101 302 106 Hotel/Motel (per bedrOanl 11642 1535 782 551 575 254 156 465 163 All other residential 1158 1082 766 540 563 249 153 456 159 r,, office and Financial: Medical Office "�'' (per L,000 Sq.ft.l 2436 2276 1587 1138 1166 516 717 944 370 g other office (per 1,000 eq.ft.) 1000 935 652 459 479 212 170 708 176 Al Industrial: Warehouse (per 1,000 eq.ft.) 334 312 217 153 160 71 43 129 45 General Industrial . t-. (per 1,000 sq.ft.) 369 345 240 169 177 78 48 147 SO e3o„k t Retail: Under 50,000 sq,ft, 2169 2027 1413 996 1038 460 282 841 294 �;. (par 1,000 sq.ft.) �,.,... 'a. 50,000-99,999 &I. 2233 2086 1454 1025 1069 473 290 865 307 '.. (per 1,000 s7.1t.) 1000000-249,999 sq. ft. 2556 2308 1665 1173 1224 542 732 990 746 , "a (per 1,000 sq.ft.) '^ - 250,000 and over 2640 2467 1720 1212 1264 559 343 1023 358 w. 3x4 F,,a a..:.-: (Per 1,000 sq.ft. (2) Because of the administrative costs the County would normally incur in processing and reviewing a traffic impact Analysis for an Individual Assessment of the impact new land development would have on the County's major road network, the impact fees in the fee schedule have been reduced by fifteen (158) percent, For any person choosing to prepare an Individual nxb; Assessment, the County shall require the full cost for providing new roads for the land development activity generating traffic, C. Individual Assessment of Fiscal Impact of Land Development Activity on the Major Road Network: The Traffic Impact Analysis (1) The "Fair Share Roadway Improvements Fee" shall be determined by the Individual Assessment of Fiscal Impact of Land Development on the Major Road Network if: 10 - L a K a ', yt J5 a tXIt x+' e ..It 'V1,.y fit -- i a. Any person commencing land development activity generating traffic which increases demand chooses to have the fee determined by the individual assessment; b, the proposed land development activity requires a Development of Regional Impact or building permit and the County Administrator or his designee determines the nature, timing or location of the proposed development make it likely to generate impacts costing substantially more to accomodate than the amount of the fee that would be generated by the use of the fee schedule; or co the proposed land development activity generating traffic which increases demand on the County's major road network system changes or intensifies the use of existing land development. (2) The individual assessment shall be undertaken through the submission of a Traffic Impact Analysis, which shall include the following information: a. The projected trip generation rates for the proposed land development activity, and if applicable pursuant to Section V.C.(1)(c), the existing land development activity. Trip generation rates shall be assessed on an average annual basis, and on a peak design hour basis. The trip generation rates shall be based upon local empirical surveys of trip generation rates for the same or similar land use types that meet methodological standards acceptable to the transporation engineering profession. If local empirical surveys are not available, a n 9It 4It L a K a ', yt J5 a tXIt x+' e ..It 'V1,.y fit -- i a. Any person commencing land development activity generating traffic which increases demand chooses to have the fee determined by the individual assessment; b, the proposed land development activity requires a Development of Regional Impact or building permit and the County Administrator or his designee determines the nature, timing or location of the proposed development make it likely to generate impacts costing substantially more to accomodate than the amount of the fee that would be generated by the use of the fee schedule; or co the proposed land development activity generating traffic which increases demand on the County's major road network system changes or intensifies the use of existing land development. (2) The individual assessment shall be undertaken through the submission of a Traffic Impact Analysis, which shall include the following information: a. The projected trip generation rates for the proposed land development activity, and if applicable pursuant to Section V.C.(1)(c), the existing land development activity. Trip generation rates shall be assessed on an average annual basis, and on a peak design hour basis. The trip generation rates shall be based upon local empirical surveys of trip generation rates for the same or similar land use types that meet methodological standards acceptable to the transporation engineering profession. If local empirical surveys are not available, state or national trip generation rate information can be used, if it is based on methodological standards acceptable to the transportation engineering profession; b. The proposed trip length, trip distribution, and traffic assignment of the trips generated from the proposed land development activity onto the county's major road network system, and if applicable pursuant to Section V.C.(1)(c), the trip length, trip distribution and traffic - assignment of the trips generated from existing land development activity onto the County's major road network system. Trip length information shall be based upon local empirical surveys of similar land use types or trip length data compiled by the County Administrator or his designee for average trip lengths for similar land use types. Trip distribution information shall be based upon the existing physical development surrounding the proposed• land development activity, and projections of population and physical development that is consistent with the Indian River County Comprehensive Plan. c. The traffic assignment of trips generated by other approved land development activity in the area onto the County's major road network system; d. An assessment of the capital expansion of the County's major road network system necessitated by the proposed land development activity if the major road network system is to be maintained at Level of Service "C" on an average annual basis and Level of 12 - e' state or national trip generation rate information can be used, if it is based on methodological standards acceptable to the transportation engineering profession; b. The proposed trip length, trip distribution, and traffic assignment of the trips generated from the proposed land development activity onto the county's major road network system, and if applicable pursuant to Section V.C.(1)(c), the trip length, trip distribution and traffic - assignment of the trips generated from existing land development activity onto the County's major road network system. Trip length information shall be based upon local empirical surveys of similar land use types or trip length data compiled by the County Administrator or his designee for average trip lengths for similar land use types. Trip distribution information shall be based upon the existing physical development surrounding the proposed• land development activity, and projections of population and physical development that is consistent with the Indian River County Comprehensive Plan. c. The traffic assignment of trips generated by other approved land development activity in the area onto the County's major road network system; d. An assessment of the capital expansion of the County's major road network system necessitated by the proposed land development activity if the major road network system is to be maintained at Level of Service "C" on an average annual basis and Level of 12 - fr•i state or national trip generation rate information can be used, if it is based on methodological standards acceptable to the transportation engineering profession; b. The proposed trip length, trip distribution, and traffic assignment of the trips generated from the proposed land development activity onto the county's major road network system, and if applicable pursuant to Section V.C.(1)(c), the trip length, trip distribution and traffic - assignment of the trips generated from existing land development activity onto the County's major road network system. Trip length information shall be based upon local empirical surveys of similar land use types or trip length data compiled by the County Administrator or his designee for average trip lengths for similar land use types. Trip distribution information shall be based upon the existing physical development surrounding the proposed• land development activity, and projections of population and physical development that is consistent with the Indian River County Comprehensive Plan. c. The traffic assignment of trips generated by other approved land development activity in the area onto the County's major road network system; d. An assessment of the capital expansion of the County's major road network system necessitated by the proposed land development activity if the major road network system is to be maintained at Level of Service "C" on an average annual basis and Level of 12 - A formal request has been made by any person who proposes to initiate land development interpreted as not expressly included in the fee schedule in Section V.B.(1). (3) In completing the Fair Share Pee Determination, the County Administrator shall: a. Determine the traffic demand the proposed land development activity places on the County's major road network, In determining the traffic demand on the proposed land development activity, the County Administrator shall consider the information outlined in Section V.C,([)(a)-(c). b. Assess the capital expansion of the County's major road network system that will be necessitated by the proposed land development activity. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the County's major road network system necessitated by the proposed land development activity. C* Determine the costs for providing the capital roadway expansion necessitated by the proposed land development activity. The cost figures used in assessing the costs for providing the capital expansion necessitated by the proposed land development activity shall be based upon recent empirical information of the costs in Indian River County for the construction of a lane mile, and shall include related right-of-way costs, traffic control equipment costs and the planning, design, and engineering costs and other related capital costs for the necessary 16 - C� + 171 »,z.: ,e t �y 4 A formal request has been made by any person who proposes to initiate land development interpreted as not expressly included in the fee schedule in Section V.B.(1). (3) In completing the Fair Share Pee Determination, the County Administrator shall: a. Determine the traffic demand the proposed land development activity places on the County's major road network, In determining the traffic demand on the proposed land development activity, the County Administrator shall consider the information outlined in Section V.C,([)(a)-(c). b. Assess the capital expansion of the County's major road network system that will be necessitated by the proposed land development activity. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the County's major road network system necessitated by the proposed land development activity. C* Determine the costs for providing the capital roadway expansion necessitated by the proposed land development activity. The cost figures used in assessing the costs for providing the capital expansion necessitated by the proposed land development activity shall be based upon recent empirical information of the costs in Indian River County for the construction of a lane mile, and shall include related right-of-way costs, traffic control equipment costs and the planning, design, and engineering costs and other related capital costs for the necessary 16 - C� + 171 �y 4 A formal request has been made by any person who proposes to initiate land development interpreted as not expressly included in the fee schedule in Section V.B.(1). (3) In completing the Fair Share Pee Determination, the County Administrator shall: a. Determine the traffic demand the proposed land development activity places on the County's major road network, In determining the traffic demand on the proposed land development activity, the County Administrator shall consider the information outlined in Section V.C,([)(a)-(c). b. Assess the capital expansion of the County's major road network system that will be necessitated by the proposed land development activity. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the County's major road network system necessitated by the proposed land development activity. C* Determine the costs for providing the capital roadway expansion necessitated by the proposed land development activity. The cost figures used in assessing the costs for providing the capital expansion necessitated by the proposed land development activity shall be based upon recent empirical information of the costs in Indian River County for the construction of a lane mile, and shall include related right-of-way costs, traffic control equipment costs and the planning, design, and engineering costs and other related capital costs for the necessary 16 - 171 �y 4 A formal request has been made by any person who proposes to initiate land development interpreted as not expressly included in the fee schedule in Section V.B.(1). (3) In completing the Fair Share Pee Determination, the County Administrator shall: a. Determine the traffic demand the proposed land development activity places on the County's major road network, In determining the traffic demand on the proposed land development activity, the County Administrator shall consider the information outlined in Section V.C,([)(a)-(c). b. Assess the capital expansion of the County's major road network system that will be necessitated by the proposed land development activity. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the County's major road network system necessitated by the proposed land development activity. C* Determine the costs for providing the capital roadway expansion necessitated by the proposed land development activity. The cost figures used in assessing the costs for providing the capital expansion necessitated by the proposed land development activity shall be based upon recent empirical information of the costs in Indian River County for the construction of a lane mile, and shall include related right-of-way costs, traffic control equipment costs and the planning, design, and engineering costs and other related capital costs for the necessary 16 -