Brevard County |
Code of Ordinances |
CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA VOLUME II |
Chapter 62. LAND DEVELOPMENT REGULATIONS |
Article V. IMPACT FEES |
Division 4. TRANSPORTATION |
§ 62-809. Computation.
(a)
At the option of the feepayer, the amount of the fee required by this division may be determined by the fee schedule set out in section 62-818. If a building permit is requested for mixed uses, then the fee shall be determined through using the fee schedule in section 62-818 by apportioning the space committed to uses specified on the schedule. If the applicant for a building permit neglects or fails to describe such uses, or fails to do so with sufficient specificity in the opinion of the county manager, or if the basis for calculating the transportation impact fee is unclear, then the county manager shall assume maximum impact by imposing the fee from section 62-818 assuming the highest uses for the proposed improvement for which the building permit is sought. If the type of development activity for which a building permit is applied for is not specified on the fee schedule in section 62-818, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. The county manager shall be guided in the selection of a comparable type by the report entitled "Trip Generation" (sixth edition) prepared by the Institute of Transportation Engineers. If the county manager determines that there is no comparable type of land use on the fee schedule in section 62-818, then the county manager shall determine the fee by:
(1)
Using traffic generation statistics contained in the report entitled "Trip Generation" (sixth edition), prepared by the Institute of Transportation Engineers; and
(2)
Applying the formula set forth in subsection (b) of this section.
In the case of the conversion of a residential use to a nonresidential use, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. The county manager shall be guided in this determination by the report entitled "Trip Generation" (sixth edition) prepared by the Institute of Transportation Engineers.
(b)
If a feepayer opts not to have the impact fees determined according to subsection (a) of this section, then the feepayer shall prepare and submit to the county manager an independent fee calculation study for the land development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager. The traffic engineering study and economic documentation submitted shall show the basis upon which the independent fee calculation was made, including but not limited to the following:
(1)
Traffic engineering studies.
a.
Documentation of trip generation rates appropriate for the proposed land development activity.
b.
Documentation of trip length appropriate for the proposed land development activity.
c.
Documentation of trip data appropriate for the proposed land development activity.
(2)
Economic documentation studies.
a.
Documentation of the cost per lane per mile for roadway construction appropriate for the proposed land development activity.
b.
Documentation of credits attributable to the proposed land development activity which can be expected to be available to replace the portion of the service volume used by the traffic generated by the proposed land development activity. This documentation shall be prepared and presented by qualified professionals in their respective fields.
(c)
The following formula shall be used by the county manager to determine the impact fee per unit of development:
(1)
New travel = Trips per day per unit × trip length × percent new travel.
(2)
New road capacity = New travel / 2 / lane capacity.
(3)
Total cost = New road capacity × cost per lane mile.
(4)
Credits = (Dollars per gallon × (annual travel) / (miles per gallon)) × present value factor.
(5)
Net cost = Total cost - credits.
(6)
Impact fee = Net cost.
(Code 1979, § 14-207; Ord. No. 01-021, § 22, 4-4-01; Ord. No. 03-51, § 5, 12-16-03)