Title 56 · Chapter 56 - IMPACT FEES

Chapter 56 - IMPACT FEES

Section: 56

Sec. 55.113. - Impoundment fees. Chapter 57 - DISCRIMINATION Chapter 56 - IMPACT FEES[1]

Footnotes: --- (1) ---

Editor's note— Ordinance No. 2016-65 § 1, adopted September 15, 2016, Document # 1609151205, amended Ch. 56 in its entirety to read as herein set out. Formerly said chapter was entitled Transportation Impact Fee and derived from Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201.

PART I. - TRANSPORTATION IMPACT FEE

Sec. 56.01. - Short Title, Authority and Applicability.

This Part of Chapter 56 (This Chapter) shall be known and may be cited as the "City of Orlando Transportation Impact Fee Chapter."

The planning for new and expanded roads and other transportation improvements needed to serve new growth and development that generate additional traffic and the implementation of these plans through the comprehensive planning process are the responsibility of the City under Florida Statutes Ch. 163 and Florida Statutes Ch. 166, various special acts relating to the power of the City of Orlando undertaking zoning, planning and development activities, and is in the best interest of the health, safety, and welfare of the citizens of the City.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, 1-8-2018, Doc. #1801081209)

Sec. 56.02. - Intent and Purpose.

This Part of the Chapter is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court and the Florida legislature. The City of Orlando has determined and recognized through adoption of a Comprehensive Plan that future development and growth within the City will necessitate extensive transportation improvements. In order to finance the necessary improvements, several methods of financing will be utilized, including the requirement that development activity generating new transportation demands pay a transportation impact fee which includes multi-modal transportation applications.

The implementation of a regulatory program that requires new development to pay a "Transportation Impact Fee" that does not exceed a pro rata share of the reasonably anticipated expansion costs of new and expanded transportation improvements 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 amended and adopted under Florida Statutes § 163.3161 et seq., and is in the best interest of the health, safety and welfare of the citizens of the City of Orlando.

The purpose of this Chapter is to enable the City of Orlando to allow growth and development to proceed in compliance with the adopted Growth Management 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 costs of needed transportation improvements.

It is not the purpose of this Chapter to collect fees from growth and development in excess of the cost of the reasonably anticipated transportation improvements needed to serve the new growth and development. It is specifically acknowledged that this Chapter has approached the problem of determining the transportation impact fee in a conservative and reasonable manner. This Chapter will only partially recoup the governmental expenditures associated with growth. Existing development will still be required to pay a fair share of the cost of needed transportation improvements.

The technical data, findings and conclusions herein are based on the Comprehensive Growth Management Plan, as amended, of the City of Orlando and in part on the following studies and reports: City of Orlando Multi-modal Transportation Impact Fee Study dated February 24, 2022, and the associated studies and documents as referenced in that Study; current standardized ITE Trip Generation Report: current Florida Department of Transportation, Transportation Costs Handbook; current standardized Florida Department of Transportation "per lane mile standard construction costs" calculation; and the City of Orlando Growth Management Program comprehensive planning reports and land development regulations as adopted by the Orlando City Council.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 6-6-1988, Doc. #22149; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 1, 1-8-2018, Doc. #1801081209; Ord. No. 2022-47, § 1, 8-15-2022, Doc. #2208151210)

Sec. 56.03. - Rules of Construction.

For the purposes of administration and enforcement of this Ordinance, unless otherwise stated in this Chapter, the following rules of construction shall apply:

In case of any difference of meaning or implication between the text of this Chapter and any caption, illustration, summary table or illustrative table, the text shall control.

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

Words used in the present tense shall include the future and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either... or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected terms, conditions, provisions or events shall apply.

(2)

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

"Either... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

Where a road right-of-way is used to define benefit area boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of either or both benefit areas it bounds.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.04. - Definitions.

Access Improvements: Transportation Improvements necessary to provide safe and adequate ingress and egress and for efficient traffic operations. Access improvements include but are not limited to the following:

(a)

right-of-way and easements;

(b)

left and right turn lanes;

(c)

acceleration and deceleration lanes;

(d)

traffic control and signal devices, signage, and markings; and

(e)

drainage and utilities; and

(f)

transit bus pullouts.

Accessory Building, Structure or Use: A detached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use and is located on the same development site as that of the principal building or use. See Chapter 58, Part 5, City Code.

Accessory Dwelling Unit(s) (ADU's): See Section 58.500—58.501, City Code, for particular specifications and requirements for ADU's which include Garage Apartments, Cottages, Mother-in-Law Suites, and other such inexpensive dwelling units that meet the needs of older households, single member households, and single parent households, and other such inexpensive dwelling units, located on a single-family parcel or lot of record.

Active Uses: For purposes of Transit Oriented Developments. ground floor criteria include (i) any eating and drinking establishment with 51% or greater food sales as a portion of gross sales, and (II) personal service uses, public benefit uses and retail uses that require a local business tax receipt. To qualify under this definition. an active use must also be open to the general public with published operating hours exceeding twenty-five (25) hours per week. All active uses must be permitted uses within the zoning district in which the active use is permitted. Active use areas shall only include air-conditioned/heated space and shall not include building lobbies, common space areas and other such space.

Applicant: Any person who applies for a development permit for land development.

Arterials: Arterials connect limited access facilities and other roads with partial access control facilities to form a continuous network. Arterials provide mobility around and through urban and community cores. The intent of an arterial is to provide movement as opposed to access to the adjacent properties, and does not include grade separated-limited access facilities, such as expressways and interstate highways.

Arterial Roads: A classification of roads which primarily functions to accommodate the movement of relatively large traffic volumes for relatively long distances at relatively high speeds. Land access, when provided, is subservient to the movement function. This classification includes all roads which function above the level of a collector road.

Average Trip Length: The average length in miles of trips for each major land use category, adjusted to reflect the travel characteristics in the Orlando GMP Study Area.

Building: Any permanent structures designed or built for the support, shelter or protection of persons, animals, chattels, goods or property of any kind.

Building Permit: Any building or construction permit required under the Orlando Building Code (Chapter 13 of the City Code).

Capacity; Capacity Per Lane: The maximum number of vehicles for a given time period which a typical new lane can safely and efficiently carry at a specified level of service. For the purpose of this Chapter, the capacity of a typical new lane shall mean 8,000 vehicles per day per through lane at Level of Service "D" and 10,000 vehicles per day per through lane at Level of Service "E."

Capacity Per Lane Mile: The product of the capacity per lane times one lane mile. For the purpose of this Chapter, the capacity per lane mile of a typical new lane shall mean 8,000 vehicles per day per through lane per mile at Level of Service "D" and 10,000 vehicles per day per through lane per mile at Level of Service "E."

Collector Roads: Collectors provide for movement between local streets and the arterial network. Collectors serve residential, commercial and industrial areas, providing continuity between local roads and the thoroughfare system. These facilities balance the need for individual lot access and through travel.

Construction: Activity on a development site pursuant to a valid and lawfully issued development permit, including site preparation, excavation.

Development: See Land Development.

Development Permit: Includes any building permit, having the effect of permitting the construction or alteration of any building or structure or other vertical improvement on the land.

Development Site: The property under consideration for development at the time of application for a development permit.

Diverted Traffic; Passer-by Traffic: Traffic that is already on the road network which is attracted by the land use and which may be transferred from another route.

Encumbered: Funds committed in a capital improvements program for a specified improvement on a specified time schedule.

Expansion: New Transportation Improvements capacity enhancements which include but are not limited to extensions, widenings, intersection improvements, upgrading signalization and improving pavement conditions.

External Trip: Any trip which has either its origin or destination at the development site.

Gross Leasable Area: For purposes of the Chapter, gross leasable area shall be the total gross square footage of the land use less ten (10) percent.

Housing, Low Income (Affordable): Owner-occupied housing: As defined by Resolution of the City of Orlando, Florida, adopting an affordable housing certification process and establishing an effective date, adopted on February 8, 1993, Documentary No. 25367-1A, and any amendments thereto.

Housing, Low Income (Affordable): Tenant-occupied housing: As defined by applicable governmental regulations and approval of the Housing and Community Development Department of the City of Orlando.

Impact: The negative effect of additional vehicles and person miles of travel on a roadway segment.

Impact Fee Zone: See Transportation Benefit Area, as defined in Section 56.16, City Code.

Infrastructure: Any fixed capital expenditure of fixed capital outlay associated with the construction, reconstruction, or improvement of a public facility, excluding the cost of repairs or maintenance, that has a life expectancy of five (5) or more years; any related land acquisition, land improvement, design, engineering, and permitting costs; and all other related construction costs required to bring the public facility into service.

Internal Trip: Any trip which has both its origin and destination within the development site.

Land Development: The construction or alteration of any building or structure, or other vertical improvement on the land.

Land Use: Any principal or accessory building, structure or use located on the development site.

Land Use, Traffic Generating: Proposed land use that attracts or produces vehicular trip(s) and Person Miles of Travel over and above that produced by the existing land use. See Transportation Impact Fee Rate Schedule (Exhibit A) for Traffic Generating Land Use Categories.

Level of Service "D": A condition of road performance where traffic density is high but tolerable. Fluctuations in traffic volume may cause reductions in operating speeds. Drivers have little freedom to maneuver. However, traffic flows approach unstable conditions in some instances.

Level of Service "E": This level of service represents traffic operation near the roadway capacity or maximum service volume. Vehicles flow at unstable conditions. Stop-and-go situations may happen. In freeways or limited access facilities, speeds are near thirty (30) miles per hour and traffic density is high.

Local Roads: Local roads provide direct access to abutting properties. Local roads accommodate traffic originating in or traveling to properties within a neighborhood, commercial or industrial development.

Major Road Network: The existing and planned interconnecting system of public roads (within the Orlando City Limits) classified as limited access facilities, arterials, and collectors, as established in the GMP Transportation Element.

Marginal Cost: The additional cost incurred to provide a non-site related improvement over and above that which would be necessary to only provide the site-related improvement needed to serve the land use.

Multi-modal Transportation: The transportation system that includes the Major Road Network, sidewalk and bicycle facilities within the public right-of-way, and public transportation vehicles and facilities (bus stops, shelters, benches and transfer stations, excluding rail) within the City of Orlando.

Non-Site Related Improvements: Transportation improvements, including rights-of-way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic and person miles of travel, including multimodal transportation facilities, and which are in excess of or in addition to site related transportation improvements. Non-site related improvements may include on-site or off-site improvements to the transportation improvements network. The Transportation Impact Fee formula contained in this Chapter is designed to calculate the costs inherent in the construction of non-site related at-grade improvements to the transportation improvements network within the Orlando City Limits.

Off-Site Improvements: Transportation improvements located outside of the boundaries of the development site which are necessary to provide safe and adequate travel service for vehicular traffic.

On-Site Improvements: Transportation improvements located within the boundaries of the development site which are necessary to provide safe and adequate travel service for vehicular traffic.

Person Miles of Travel: The person miles of travel represent daily travel of all persons visiting a given land use using all modes of transportation (auto, transit, bicycle, pedestrian). It is calculated based on the dominant travel mode of automobile and by applying a person per vehicle conversion factor through the following equation:

Person Miles of Travel (PMT) = Vehicle Miles of Travel (VMT) X Conversion Factor (Person/Vehicle)

Policy Discount Factor: The transportation impact fee policy discount factor is a discounted percentage at the time of each required review or up-date of Orlando City Code, Chapter 56, Section 56.21-Review.

Premium Transit Stop or Station: Sunrail Stations in the City (Florida Hospital, Lynx Central Station, Church Street Station, & Orlando Health - Amtrak Station), or Lynx LYMMO Stations and signed stops.

Public Facilities: Any major capital improvements, including transportation improvements.

Regional Multi-Modal Transportation. The regional transportation system that includes the Major Road Network, other limited access facilities, as well as arterial and collector roads, sidewalks, and bicycle facilities within the public right-of-way, that benefit the citizens of, and properties within, the City of Orlando.

Road Network: (See Major Road Network.)

Senior Living Land Use Categories:

Independent Living: A 55+ facility consisting of multi-family or single family units for seniors. Providing specific services and amenities promoting an active and healthy lifestyle, which may contain optional meal service, housekeeping and transportation services.

Assisted Living Facility: Seniors who cannot live independently these facilities provide lodging, meal services and assistance with medications and daily living activities (grooming, eating and dressing). Newer assisted living facilities usually have their own private apartment. There is usually no special medical monitoring equipment that one would find in a nursing home, and the nursing staff may not be available 24-hours. These facilities fall somewhere between independent living communities and skilled nursing facilities in terms of the level of services provided.

Nursing Home: Facility licensed by the state that provides 24-hour nursing care, room and board, and activities for convalescent residents and those with chronic and/or long-term care illnesses. One step below hospital acute care. Regular medical supervision and rehabilitation therapy are mandated to be available, and nursing homes are eligible to participate in the Medicaid program. May also be referred to as: Convalescent Home, Short Term Rehabilitation Facility, Skilled Nursing or Palliative Care

Continuing Care Retirement Community: A development site that may consist of two or three of the following Senior Living Land Uses:

Independent Living

Assisted Living

Nursing Home/Skilled Nursing Facility

An application submitted for development includes two or more land uses the fee shall be the sum of the products (Section 56.06)

Site-Related Improvements: Transportation improvements, including rights-of-way, which are necessary to provide safe and adequate travel service for the movement of vehicular traffic, including multimodal transportation facilities that reduce the amount of vehicular traffic and person miles of travel, between the traffic-generating land uses within the development site, between the development site and the major road network and access improvements. Site-related improvements may include on-site or off-site improvements to the transportation improvements network as necessary to access the site or to connect the site to the closest point in the major road network. The Transportation Impact Fee formula contained in this Chapter (gross square footage × 90% × 1,000 × appropriate fee rate), which does not apply to land uses with a per unit fee basis, is not intended to assess an amount that constitutes an approximation of the costs to construct site related transportation improvements, therefore, an assessment for or the construction of site related transportation improvements shall be considered as an addition to the assessment calculated pursuant to the terms of this Chapter.

Southeast Traditional Neighborhood Design Transportation Impact Fee Discount (SE TND Discount): A discount to the current transportation impact fee rates can be requested for a project site or neighborhood within the Southeast Orlando Sector that meets the following criteria:

•

The Development shall have clearly defined centers with a diverse mix of activities to minimize the use of the automobile, with a Walking Distance of no greater than one-quarter (¼) mile from defined center to edge.

•

Streets shall be laid out as an interconnected network forming coherent blocks.

•

All commercial and residential building fronts shall be oriented to the street, with rear alley or drive aisle access for vehicles.

•

The Development shall be designed with streets that are convenient for walking and bicycling.

•

The Development shall provide a balanced transportation system with equal access to transit, pedestrian, and bicycle facilities in order to reduce reliance on automobiles.

•

Pedestrian and bicycle connections shall be available to all residents to easily and safely access Civic buildings.

•

All Civic buildings (schools, libraries, churches, U.S. Post offices, government offices and public community centers, excluding private meeting halls, daycares and plazas) shall be located within one-quarter (¼) mile Walking Distance from the residential component.

•

Ancillary Dwelling Units (garage apartments) with less than 500 square feet of gross floor area, under single lot ownership with the principle structure (single family unit), and located within one-quarter (¼) mile Walking Distance of Civic buildings shall be exempt from additional transportation impact fees (Orange County School Fee Policy).

•

No reduction or discount to the transportation impact fees will be available for commercial or residential uses located within a gated community or on a cul-de-sac.

If a building permit has been determined to meet or exceed the above criteria, a 15% reduction shall be awarded to the current transportation impact fee rate(s) in effect at the time of building permit issuance. Any request for determination shall be made prior to permit issuance to the transportation impact fee coordinator; if a request is not made, the current rates shall apply, as per City code. This SE TND discount shall expire 12/31/2020.

Square Feet: As referred to in the Transportation Impact Fee Rate Schedule (Exhibit "A"), means total gross leasable square footage. Calculable square feet shall include non-roofed areas which are contemplated to be used or leased in connection with the land use (e.g. outdoor garden shop areas). These are areas integrally related and customarily found in association with the land use including sales areas and stock areas located on the same building site.

Structure: Anything constructed, erected or placed on the development site, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground.

Substantial Permit Plan Submittal: A completed permit application form accompanied by a full set of plans signed and sealed by an authorized design professional. The plan set shall include any relative civil and site work plans if needed to issue a building permit.

Townhome (or Townhouse) Dwelling Unit: Shall mean a self-contained dwelling unit which is designed and constructed so that the unit and lot on which it is located may be individually owned. Townhome units are separated by fireproof and soundproof walls as to provide privacy. Typically three or more units are attached by a common wall.

Traffic-Generating Land Use: See Land Use, Traffic Generating.

Transit Oriented Development (TOD): A development, as that term is defined in this Section, containing two or more qualifying land uses, any portion of which is located within ¼-mile walking distance along a designated roadway from a premium transit stop or station (SunRail or LYMMO) (see Exhibit "C"). Walking distance shall be measured from the development site's nearest property line to a premium transit stop or station utilizing a clear path of travel at least five (5) foot in width, located on a separate surface from the roadway, such as a designated sidewalk or multi-use trail. In calculating the distance for purposes of TOD, temporary obstructions to the path of travel arising from construction projects shall be ignored so long as the obstructed path of travel shall be restored upon completion of the construction project.

Transportation Benefit Area: See Ch. 56.16, City Code.

Transportation Impact Fee; Impact Assessment Fee: The fee required to be paid in accordance with this Chapter.

Transportation Improvements: See Infrastructure for an additional description of Transportation Improvements. A physical asset, constructed or purchased, that is necessary to provide safe and adequate travel service for vehicular traffic, and transit service. The planning, acquisition, expansion or construction of transportation projects includes transportation planning, preliminary engineering, engineering design studies, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any transportation project located within the City of Orlando, including, but not limited to:

(a)

construction of the thru lanes.

(b)

construction of turn lanes.

(c)

construction of bridges,

(d)

construction of drainage facilities in conjunction with roadway construction.

(e)

purchase and installation of traffic signalization, signage and markings.

(f)

construction of curbs, medians and shoulders.

(g)

relocating utilities to accommodate roadway construction.

(h)

mass transit and other multimodal transportation projects.

(i)

pedestrian and bicycle improvements that are integrally related to transportation improvements and serve to separate pedestrians and bicyclists from vehicles, thus enhancing the carrying capacity of the transportation system, and

(j)

other improvements, as determined by the City's Transportation Planning Division Manager, that add to the pedestrian or vehicle carrying capacity of the transportation system.

Trip: A one-way movement of vehicular travel or Person Miles of Travel from an origin (one trip end) to a destination (the other trip end). For the purposes of this Chapter, trip shall have the meaning which it has in commonly accepted traffic engineering practice and which is substantially the same as that definition in the previous sentence.

Trip Generation: The attraction or production of trips caused by and associated with a given type or classification of land use category (see Exhibit "A").

Trip Rate; Trip Generation Rate: The average number of vehicle trip ends (one-way trips) which can be attributed to a specific type of land use per unit of development per day as documented in the current ITE Trip Generation Report, and as used in commonly accepted engineering practice.

Unit of Development: The standard incremental measure of land development for a specific type of land use upon which the trip generation rate is based.

Vehicle Miles of Travel: The product of the average trip length times the number of trips generated by a specific type of land use or its equivalent.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 6-6-1988, Doc. #22149; Ord. of 4-24-1989, Doc. #22920; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 12-16-1996, Doc. #29904; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 1, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2013-21, § 1, 5-6-2013, Doc. #1305061205; Ord. No. 2014-72, § 1, 12-15-2014, Doc. #1412151204; Ord. No. 2017-73, § 2, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 1, 1-11-2021, Doc. #2101111207; Ord. No. 2022-47, § 2, 8-15-2022, Doc. #2208151210)

Sec. 56.05. - Limitations on Issuance of Development Permits.

Any person who applies for the issuance of a development permit for a traffic generating land use shall be required to pay a Transportation Impact Fee in the manner and amount set forth herein.

Except as provided elsewhere in this Chapter, no development permit for any traffic generating land use requiring payment of a Transportation Impact Fee pursuant to this Chapter shall be issued unless and until the transportation impact fee hereby required has been paid.

Except as provided elsewhere in the Chapter, no person shall operate from, conduct business, reside, or utilize any traffic generating land use unless and until the Transportation Impact Fee required by this Chapter has been paid and a development permit has been issued.

A development permit for any traffic generating use, classified as commercial or industrial under City Code and requiring payment of a Transportation Impact Fee pursuant to this Chapter, may be issued prior to the full payment of the applicable Transportation Impact Fee under the following condition: No later than ten (10) calendar days after submittal of the building permit application for the traffic generating use, the Applicant may also apply to the Transportation Impact Fee Coordinator for authority to participate in an installment plan. Upon approval of the application, the Applicant shall pay fifty percent (50%) of the applicable Transportation Impact Fee prior to issuance of a development permit for the subject use or any portion thereof, and shall pay the remaining fifty percent (50%) prior to the City's issuance of a Certificate of Occupancy for said use or any portion thereof.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 2, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.06. - Determination of Transportation Impact Fees.

The Transportation Impact Fee for any traffic generating land use shall be determined either by using the transportation impact fee rate schedule (Exhibit "A") set forth in Section 56.07 of this Chapter or by using the alternative method of calculation set forth in Section 56.08 of this Chapter.

Any applicant may propose to enter into a Transportation Impact Fee agreement with the City as set forth in Section 56.10 of this Chapter in order to establish just and equitable Transportation Impact Fees or their equivalent which are appropriate to the specific circumstances of the traffic generating land use category.

When an application for a development permit has been made includes two or more land uses in any combination, including two or more land uses within a building or structure, the total Transportation Impact Fee assessment shall be the sum of the products, as calculated above, for each land use, unless otherwise provided for in this Chapter.

Except as provided in Section 56.15(G), in the case of a change, redevelopment, or modification of a land use which requires the issuance of a development permit, the Transportation Impact Fee shall be based upon the net increase in the Transportation Impact Fee amount for the new or proposed land use as compared to the Transportation Impact Fee amount based on the existing or last previous land use. Note that the Transportation Impact Fee amount based on the existing or last previous use shall not be deemed a credit and is not therefore transferable as such.

In the case of a demolition or termination of an existing use or structure, if the demolition or termination of the existing use or structure occurred less than ten (10) years prior to the application for a development permit, the Transportation Impact Fee for future redevelopment shall be based upon the net increase in the Transportation Impact Fee amount for the new or proposed land use as compared to a Transportation Impact Fee amount, calculated at current rates based on the highest intensity actual active or previous land use. Note that the Transportation Impact Fee amount, calculated at current rates based on the highest intensity actual active or previous land use, shall not be deemed a credit and is not therefore transferable as such.

In the case of a relocation of a use, a Transportation Impact Fee shall be assessed to the relocated use at its new location as generally provided in this Section. Redevelopment of the old location from which the use was removed will be assessed a Transportation Impact Fee as provided in subparagraphs D, and E, as applicable.

In order to take advantage of subparagraphs D, E, or F (above) and pay Transportation Impact Fees only for the net increase in the traffic-generating land use category, the applicant shall provide reasonably sufficient evidence that a previous land use had been actively maintained on the site prior to the date of application for the development permit. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation. Business Tax Receipt (license) issuance is not of itself reasonably sufficient evidence.

Any claim of existing or previous use under subparagraphs D, E, or F (above) must be made no later than the time of application for a development permit. Any claim not so made shall be deemed waived and invalid.

When an application for a development permit has been submitted for a land use, which:

(1)

includes ground floor retail as an auxiliary or secondary use within a mixed-use building located in an AC-3A/T zoning district; and

(2)

the ground floor retail use was "required" by the City as a condition of development approval in order to achieve Growth Management Plan objectives; and

(3)

the primary use, more than sixty-six percent (66%) of the total floor area, of the mixed-use building is office or multi-family residential; and

(4)

then to the extent that the ground floor retail use is required by the City as a condition of development approval, the Transportation Impact Fee assessment for the required retail use is calculated by multiplying the Discounted Impact Fee Rate per 1,000 square feet for the primary land use category by the floor area of the required retail use.

In the event that an applicant for a development permit or the City of Orlando contends that the land use category for which the development permit is proposed is not within the above categories or fits within a different category, then the Transportation Impact Fee Coordinator, or his/her designee shall, after consultation with the Transportation Planning Division Manager, make a determination as to the appropriate land use designation which is consistent with current practices to add land use categories of general applicability to the Transportation Impact Fee Rate Schedule (Exhibit "A") following submission to City Council. In addition, either the City or the applicant can propose actual studies or surveys in order to calculate the most appropriate fee rate. Any such determination may be appealed, consistent with Section 56.23, herein. For additional information see Section 56.08, Alternative Transportation Impact Fee Calculation.

In the case of an applicant for a development permit for an ADU, the transportation impact fee will be based on the additional (conditioned space) square footage that the ADU adds to the existing single-family (conditioned space) square footage. If the new square footage total of the conditioned space does not exceed the next tiered single-family rate, there shall be no additional impact fee due.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 12-16-1996, Doc. #29904; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 4-13-2009, § 1, Doc. #0904131102; Ord. of 10-5-2009, § 6, Doc. #0910051104; Ord. of 8-30-2010, § 3, Doc. #1008301103; Ord. No. 2011-17, § 1, 4-26-2011, Doc. #1104251101; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 3, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 2, 1-11-2021, Doc. #2101111207; Ord. No. 2022-47, § 3, 8-15-2022, Doc. #2208151210)

Sec. 56.07. - Transportation Impact Fee Rate Schedule.

Any person may determine their Transportation Impact Fee by using the following fee rate schedule. The fee rate schedule is presented for the convenience of the public and may be used in lieu of the alternative method of calculation set forth in Section 56.08 of this Chapter. The fee rates have been calculated using the method of calculation presented in Section 56.08 using recognized accepted trip generation rates and/or Person Miles of Travel based upon acceptable national averages. For the convenience of the public, the fee rates which are based on trip generation and/or Person Miles of Travel have been converted to dollar amounts per unit of development, i.e., per dwelling unit, per 1,000 square feet, per room, etc., depending upon the type or classification of land use.

Transportation Impact Fee Rate Schedule: See Composite Exhibit "A." The Transportation Impact Fee Rate Schedule shall be effective as provided by law, and shall be based on the most recent and localized data. Resolutions establishing transit service districts will be adopted by City Council.

The total transportation impact fee for a specified type of land use is calculated by multiplying the Discounted Impact Fee Rate (from the definition of Site Related Improvements in Section 56.04) for the specified type of land use by the number of units of development of the specified type of the land use.

To account, in part, for the effects of inflation on the costs of right-of-way, design and road construction, the City's Transportation Planning Division shall index the transportation impact fee rate annually, subject to City Council's approval as described herein, to be applied beginning January 1, 2011, and January 1st of each year thereafter, including accrued indexing amounts, to reflect either (i) the published costs for these items in the most recent version of the Consumer Price Index or (ii) three percent (3%), whichever is less. The City's Transportation Planning Division Manager shall confirm the reasonableness of the proposed index to the rates. Based on the reference data and methodology contained in this subsection, the City's Transportation Planning Division shall submit a request for the proposed indexing of the Transportation Impact Fee as a separate item in the Division's annual budget submittal to City Council. If City Council approves the proposed indexing of the impact fee rate as a part of the Division's budget submittal, the City's Transportation Planning Division Manager shall submit an ordinance for City Council approval, adopting the new impact fee rate(s). If City Council does not adopt the proposed indexing of impact fee rate(s), the impact fee rate for the previous year remains in effect.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 1-11-1988, Doc. #21784; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 12-16-1996, Doc. #29904; Ord. of 11-17-2008, § 1, Doc. #0811171102; Ord. of 4-13-2009, § 1, Doc. #0904131102; Ord. of 8-30-2010, § 4, Doc. #1008301103; Ord. of 7-11-2011, § 1, Doc. #1107111105; Ord. No. 2012-8, § 1, 3-12-2012, Doc. #1203121202; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.08. - Alternative Impact Fee Calculation.

In the event an applicant believes that the transportation impacts of his land use on the Transportation Improvements network will be less than standards in this Chapter, the applicant may submit an Alternative Transportation Impact Fee Calculation application, including a supporting report, to the Transportation Planning Division Manager, or his designee, pursuant to the provisions of this Section. If the Transportation Planning Division Manager, or his designee, finds that the data, information and assumptions used by the applicant to calculate the alternative impact fee satisfy the requirements of this Section, the Alternative Transportation Impact Fee shall be deemed the Transportation Impact Fee due and owing for the proposed land use. Prior to submitting an application herein, the applicant shall meet with the Transportation Impact Fee Coordinator to establish the methodology to be utilized in the supporting report.

Alternative Transportation Impact Fee Calculation. The alternative impact fee shall be calculated by use of the following formulas:

Net Multi-Modal Fee = TMMC - RC

TMMC = [(TR × ATL × NT)/2] × [(1-ITDF) × PTF × $pPM]

RC = [(TR × TTL × NT)/2] × 365 × [$pG / FE] × PV

Where:

TMMC = Total Multi-Modal Cost ($)

TR = Average Daily Trip Generation Rate (vehicle trips per day)

ATL = Assessable Trip Length (miles)

NT = Percentage of New Trips (%)

ITDF = Interstate/Toll Facility Discount Factor (%)

PTF = Person Trip Factor (ratio of vehicle-miles to person-miles, no units)

$pPM = Cost per Person Mile ($)

RC = Revenue Credit ($)

$pG = Cost per Gallon (gas tax used for capital improvements, $/gal)

FE = Fuel Efficiency (average of all vehicles, mpg)

PV = Present Value (uniform series of cash flows, no units)

Note: Constant "2" is used to assign one end of each trip to the origination point and the other end to the destination point to avoid double counting of trips. Constant "365" is used to represent number of days in a typical year.

The Standard Multi-Modal Transportation Impact Fee equation (noted above) shall also be used to calculate any Alternate Impact Fee under this section. The applicant can submit supporting documentation to allow the use of specific alternative values for one or more of three (3) of the factors included in the standard equation. The Trip Rate (TR), Assessable Trip Length (ATL), and % of New Trips (NT) may be altered for an Alternative Impact Fee study with appropriate justification. Other factors used in the above equation are set by ordinance and indexed to allow for adjustments over time. Therefore, these factors are not eligible for alteration via the Alternative Impact Fee process. For the standard Impact Fee tables. Assessable Trip Length includes the distance traveled to or from a site on the entire classified roadway network, regardless of jurisdiction. The Interstate/Toll Facility Discount Factor accounts for those portions of those trips that occur on limited access facilities. A similar methodology shall be used when either of these factors are to be considered for modification for an Alternative Impact Fee.

Policy Discount Factors adopted by Council and applied to the rate calculated under the Standard Multi-Modal Transportation Impact Fee equation are generally not applicable to Alternative Impact Fee calculations, unless expressly deemed so at the time of Council action.

At the pre-application meeting, the applicant shall submit a list of the specific factors from the above equation for which the applicant intends to provide alternative values, the proposed source of supporting data to justify the use of each alternative value, and the procedures and methodology that will be used to collect local supporting data. The alternative transportation impact fee calculations shall be based on data, information or assumptions obtained for comparable local land uses or from independent sources, provided that:

(1)

The comparable local land use, is based on actual studies or surveys conducted in the Orlando Urban Area, or with the specific approval of the Transportation Planning Division Manager, or his designee, in other urban areas and carried out by a qualified transportation planner or engineer pursuant to an accepted methodology of transportation planning or engineering, or

(2)

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

A determination by the Transportation Planning Division Manager, or his/her designee, that the alternative calculation does not satisfy the requirements of this Section may be appealed consistent with Section 56.23, herein.

Since processing an Alternative Transportation Impact Fee Calculations involves significant City Staff time, the development permit applicant shall initiate any Alternative Impact Fee Calculation (1) at least sixty (60) days prior to the date they will need a final determination of their Transportation Impact Fee, or (2) arrange for the escrow of payment subject to Alternative Transportation Impact Fee Calculation as set forth below at the date of application for the development permit. Any claim for an Alternative Transportation Impact Fee not so made shall be deemed waived and the Rate Schedule in Section 56.07 shall apply. Eligible applicants shall submit the Alternative Transportation Impact Fee Calculation with the appropriate application fee, (site impact traffic study fee) and supporting documentation, in accordance with the listed schedule of permitting fees as amended from time to time.

The Transportation Planning Division Manager, or his/her designee, may conduct a follow-up review or site impact traffic study, to confirm the traffic assumptions presented and approved in the Alternative Impact Fee Calculation study within five (5) years of acceptance of the study. Additional transportation impact fees attributable to trips shown to exist by the follow-up review, but not previously accounted for in the study referenced above and incorporated into the transportation impact fee assessed pursuant to said study, shall be deemed the additional transportation impact fee due and owing for the proposed land use, and said additional impact fee shall be paid to the City within thirty (30) days of a demand letter to the property owner.

The Transportation Planning Division Manager may initiate studies to calculate Alternative Transportation Impact Fees pursuant to this Section, when he/she believes that the transportation impacts of a land use or uses will be less than the standards in this Chapter. In that event, the Alternative Transportation Impact Fee shall be the impact fee due and owing for the land use or uses, when such study and calculations are approved by resolution of City Council.

Sec. 56.09. - Presumption of Maximum Impact.

A land use is presumed to have the maximum transportation impact on the road network. The proposed land use for which an application for a development permit has been filed shall be presumed to generate the maximum number of average daily vehicle trips, vehicle miles of travel and lane miles of travel (and Person Miles of Travel) to be generated by the most appropriate land use category(s) as determined by the Transportation Planning Division Manager, or his designee.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 6, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.10. - Agreements.

Any applicant may propose to enter into a Transportation Impact Fee or Escrow Agreement with the City designed to establish just and equitable fees or their equivalent and standards of service needs appropriate to the circumstances of the proposed land use.

A Transportation Impact Fee Agreement shall be limited to the following:

(1)

Alternative Calculation. 56.08 Modify the presumption of maximum transportation impact set forth in of this Chapter and provide a transportation impact fee which may differ from the rate schedule set forth in Section 56.07 of this Chapter by specifying the nature of the proposed land use for purposes of computing actual trips, provided that this Agreement for Alternative Calculation shall establish legally enforceable means for ensuring that the actual number of trips generated will not exceed the estimated trips generated by the proposed land use.

(2)

Credit. Permit or recognize the construction of specific transportation improvements that mitigate the impacts of the land use within the City of Orlando, in lieu of or with a credit against the transportation impact fee assessable. Such credits will expire Seven (7) years expiration of credit from after the effective date of the agreement.

(3)

Transportation Impact Fee Payment. Permit a schedule and method for the payment of the transportation fees in a manner appropriate to the particular and unique circumstances of the proposed land use in lieu of the requirements for payment of the transportation impact fees as set forth in Section 56.18, provided that security is posted ensuring payment of the transportation impact fees, in a form acceptable to the City, which security may be in the form of the following:

Cash bond.

Letter of Credit. The City may, in its sole discretion, accept a Letter of Credit as security for payment of the transportation impact fee. The following conditions are applicable in posting Letter(s) of Credit as security:

The Letter(s) of Credit must be an Irrevocable Direct-Pay Letter of Credit from a domestic financial institution rated AA/Aa or better by a national rating service, or otherwise determined acceptable by the City. The applicant has the burden of providing evidence that the financial institution issuing the Letter of Credit has the necessary rating and has the duty to notify the City or any changes in such rating that may occur.

Only if the greater of fifty percent (50%) of the transportation impact fee assessed or the amount of the fee not in dispute is paid in cash, then a Letter of Credit may be used as security for the balance. Security for the balance of the transportation impact fee assessed by the City must be in the form of an Irrevocable Letter of Credit directly payable to the City and placed in escrow, pursuant to subsection B below. A Letter of Credit cannot be used to post security for the full amount of the transportation impact fee payment.

Letters of Credit having a provision for expiration must specify a date of expiration that shall occur no later than ten (10) City business days following the latest contingency date provided for in the Escrow Agreement.

Letter(s) of Credit shall only be allowed when the applicant desires to undertake an alternative transportation impact fee calculation (see A.(1) above) for the determination of the appropriate transportation impact fee due from the proposed project or in cases of credit (see A.(2) above), which permit or recognize the construction of specific transportation improvements in lieu of or with a credit against the transportation impact fee assessable.

In lieu of negotiating and drawing on the Letter of Credit, the City's escrow agent shall have the right, after determination of the transportation impact fee amount with respect to the subject property, to collect any additional sums due directly from the developer. In the event such sums are paid in cash directly from the developer to the City's escrow agent, for subsequent disbursement to the City, then the City's escrow agent shall return the Letter of Credit to the issuing bank for cancellation.

An Immediate Funded Escrow Account

(4)

Assignment. Provide for a transfer of credits as provided for in Section 56.11 of this Chapter to any successor in interest of land. An executed Credit Agreement which authorizes assignment of credits does not require a separate assignment agreement.

(5)

Permit the cost of constructing non-site related public transportation projects, as a credit against the transportation impact fee assessable. Public transportation projects may include:

Dedication of parking spaces for use by public transportation users who would park their cars in the dedicated area and ride public transportation to their final destinations.

Dedication of land for use as a transit terminal and transfer point.

Construction of bus shelters or other capital improvements which encourage the use of public transportation.

Participation by the primary employer or group of employers in an employee bus subsidy program.

Participation of the employer or group of employers in ridesharing program for its employees.

For d, and e, above, the applicant must describe the extent of the program and expected usage by employees. The City may record a lien against the development site to secure the assessment of any additional impact fee if the program does not result in the anticipated automobile trip reduction within three (3) years of recording.

(6)

Except for assignment of credit agreements, any agreement proposed by an applicant pursuant to this subsection shall be presented to and approved by the City Council prior to the issuance of a development permit. Any such agreement shall provide for execution by mortgagees, lien holders or contract purchasers in addition to the landowner, and shall require the applicant to record such agreement in the Official Records of Orange County. The City of Orlando City Council shall approve such an agreement only if it finds that the agreement will apportion the burden of expenditure for new facilities in a just and equitable manner, consistent with the principles set forth in Florida Statutes and case law. Credits under any such agreements will expire (7) years from the date of the agreement under which the credits are established. The Transportation Planning Division Manager or his/her designee is hereby delegated and authorized to execute credit assignment agreements on behalf of the City Council, subject to approval by the City Attorney, or his/her designee.

Escrow Agreement. The Transportation Planning Division Manager or his/her designee, is hereby delegated the authority to approve and execute, subject to approval by the City Attorney, escrow agreements for the payment of Transportation Impact Fees. The Escrow Agreement shall allow the Applicant to obtain a development permit prior to payment provided adequate security is posted, as outlined in subsection A(3) above and on the condition that payment is received prior to the issuance of a certificate of occupancy for any portion of the development authorized by the Permit. Escrow Agreements are intended to allow for flexibility in payment when credits are determined. Alternative Transportation Impact Fee Calculation is conducted, cash is obtained or similar types of situations.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 7, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 5, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 3, 1-11-2021, Doc. #2101111207)

Sec. 56.11. - Credits.

An applicant shall be entitled to a credit against the transportation impact fee assessed pursuant to this Chapter for non-site related transportation contributions, dedications or improvements required by the City or through agreements with the City, as a condition of any development permit by the City. The owner of credits established on or after July 1, 2020, is entitled to the full benefit of the intensity or density represented by the credit as of the date it was first established and are therefore eligible to utilize the impact fee rates effective at the time such credits were established or approved by the City. Said credit(s) shall be in an amount equal to:

(1)

The cost of non-site related transportation improvements to the major road network within the Orlando City Limits (including on-site and site adjacent arterial roads and major collectors to the extent such transportation improvements are in excess of or in addition to site related improvements), or

(2)

The contribution of land, money or services for non-site related transportation improvements to the major road network within Orlando City Limits (including on-site and site adjacent arterial roads and major collectors to the extent such transportation improvements are in excess of or in addition to site related transportation improvements), or

(3)

Non-site related transportation improvements previously contributed, paid for or committed to by the applicant or his predecessor in interest (including on-site and site adjacent arterial roads and major collectors to the extent such transportation improvements are in excess of or in addition to site related improvements). No credit will be granted pursuant to this subsection unless the cost of the improvements were paid for and the contributions made within the last five (5) years.

(4)

The cost of land or capital improvements for non-site related public transportation projects within the Orlando City Limits, to the extent that such projects reduce the external vehicular trip generation of the land use.

The amount of the credits shall be based on but not limited to the following criteria:

(1)

The actual cost, or estimated cost of the non-site related transportation improvements based on recent bid sheet information of the City of Orlando or Orange County; all costs are subject to the review and approval of the City Transportation Engineer or Designee prior to credit award: and

(2)

With regard to land dedicated for construction of non-site related transportation improvements within the Orlando City Limits, a pro rata share of the fair market land value of the parent parcel in an amount not to exceed 150% of assessed value according to the Orange County Property Appraiser's Office;

(3)

The marginal cost of the required transportation improvement(s), taking into consideration the difference between the cost of the required transportation improvement(s) and the cost of the needed site related transportation improvement(s) that would have been required in any case. All costs are subject to the review and approval of the City Transportation Engineer or Designee prior to credit award.

Previous development permits wherein voluntary transportation impact fees were specified and paid shall be binding as to any building permit already issued on land subject to the development permit. Transportation improvements required by previous development permits shall not be given a credit unless they meet the requirements of sub-paragraphs A and B above.

Any credit issued pursuant to this Section may only be assigned and transferred by the owner of said credits to an owner or developer of land within the same Impact Fee Zone or an adjoining Impact Fee Zone, if the land in the adjoining Impact Fee Zone receives benefits from the improvement or contribution that generated the credits. Assigned credits must be used within the same expiration term applied to the original credit. Prior to the assignment of such credits, the originating credit owner shall provide to the City's Impact Fee Coordinator or designee, a notarized assignment document, in a form approved by the City, describing the development location, credit amount and the assignee of the credit.

Any agreement for the issuance of credits against any Transportation Impact Fee assessed pursuant to this Chapter shall be included in a transportation impact fee agreement as set forth in Section 56.10 of this Chapter.

Any petition for the issuance of credits against any Transportation Impact Fee assessed pursuant to this Chapter shall be submitted to the Transportation Impact Fee Coordinator prior to the issuance of the applicable permit and must contain:

(1)

A notarized sworn statement that the petitioner is the current owner of the development site;

(2)

A copy of any transportation impact agreement, credit agreement, or other documentation on which the applicant relies for the claim which may pertain to the issuance of such credits;

(3)

A certified copy of the latest recorded deed; and

(4)

Such other information which may be reasonably necessary to ascertain current ownership of the property and the current status of the agreements for credits.

An applicant/developer may be entitled to a credit for all or some portion of the applicant's/developer's Proportionate Fair-Share Payment under the City's Proportionate Fair-Share Program, as provided in Chapter 59, City Code. Any credit granted pursuant to this sub-paragraph shall be for payments actually made and in an amount that is consistent with the terms of City's Proportionate Fair-Share Program, as defined by City Code, and this Chapter.

Any claim for credits must be made no later than the time for application for a building permit. Any claim not so made shall be deemed waived.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 11-3-1986, Doc. #20730; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 6, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 4, 1-11-2021, Doc. #2101111207)

Sec. 56.12. - Application of Rates.

City Approvals. A developer or successor in interest of land for which a Master Plan, a Planned Development Ordinance, or a Conditional Use, has been approved by the City of Orlando City Council as of January 1, 2007, shall, to the limited extent described herein, be exempted from the rate increases contained in this Chapter, and shall be assessed a transportation impact fee based on those rates in effect on December 31, 2006.

Permit Received. Those land uses which have received a development permit prior to January 1, 2007, shall be assessed a transportation impact fee based on those rates in effect on December 31, 2006, except as provided otherwise in this Chapter. The City of Orlando shall not permit the extension of a development permit or application for a development permit beyond the standard time period for activation, under City of Orlando Code without the applicant complying with the provisions of this Chapter, which includes the assessment of a transportation impact fee based on those rates applicable at the time the permit is issued.

Complete Application. A developer or successor-in-interest of land, for which a master plan, planned development ordinance, or conditional use is not required, who has filed a complete application with the City for a development permit as of January 1, 2007, shall be assessed a transportation impact fee based on those rates in effect on December 31, 2006. The land must be properly zoned for the proposed land use and the land use must be consistent with the growth management plan.

If a previously City-approved development order, permit or other binding agreement contained conditions regarding traffic impacts, transportation impact fees and their designated uses, or off-site transportation improvements, the developer or his successor may request a modification of such prior approvals in order to bring the approval conditions into consistency with this Chapter, as amended. Any such modification of prior approvals and amendments to development orders so accomplished shall not be deemed a substantial deviation under F.S. Ch. 380.

If a previously City-approved development order or permit or other binding agreement provides for the mitigation of the traffic impacts of said land use and if the Transportation Planning Division Manager, or his designee, determines that such traffic impact mitigation measures are substantially consistent with the requirements of this Chapter, as amended, then the transportation impact fee payable for such land use under this Chapter, as amended, shall be revised accordingly to reflect the presumed traffic impact of said land use. There shall be a presumption that the traffic impact mitigation provisions of any development order or permit approved more than five (5) years prior to January 1, 2007, are not substantially consistent with the requirements of this Chapter, as amended. This subsection shall not apply where a City-approved development order provides that at such time as the City of Orlando adopts a transportation impact fee Chapter, thereafter the provisions and terms of the adopted impact fee Chapter will apply to the development project.

A developer or successor in interest of land for which the City, through its City Council, has formally, and in writing prior to January 1, 2007, acknowledged the existence of transportation impact fee credits. "Agreement Credits," shall, to the limited extent described herein, be exempted from the rate increases contained in this Chapter and shall be assessed a transportation impact fee based on those rates referenced in the City's written acknowledgment of Agreement Credits, Credits are defined in Section 56.11, herein, as certain non-site-related costs. Strictly limited to the amount of the Agreement Credits, the land shall be assessed transportation impact fees based on the rates referenced in the City's written acknowledgment of Agreement Credits.

If the Agreement Credits or any portion thereof are utilized to pay impact fees related to the issuance of a development permit with respect to said land, under the terms of Section 56.12.A, herein, the Agreement Credits may be utilized and expended no later than December 31, 2010. Prior to December 31, 2010, a developer or successor in interest of land, may request, in writing to the Transportation Official, an extension of the time in which the Agreement Credits must be expended, to December 31, 2013. Upon the Transportation Planning Division Manager's determination that the developer or successor in interest of land is otherwise in compliance with the terms and requirements of this Chapter and any agreements, by which the Agreement Credits were established, the requested extension shall be granted. The extension will not otherwise affect or impact the terms and requirements of this Chapter and any applicable agreements, which terms and requirements remain effective and constitute a condition of the extension.

Said determination(s) of extension are subject to appeal as provided in this Chapter. Any portion of the Agreement Credits not expended within the herein-described time frame, shall no longer operate to require application of rates referenced in the City's written acknowledgment of Agreement Credits and shall subsequently be utilized solely to pay impact fees at then-existing rates. The City shall establish fees for the application in accordance with applicable law.

A developer or successor in interest of land may prepay transportation impact fees for development of said land under the following conditions:

(1)

The prepayment of impact fees must be made to the Transportation Impact Fee Coordinator no later than December 31, 2006.

(2)

Except as otherwise provided, the prepayment shall be treated as a "Prepayment Credit" in the same manner as Agreement Credits under the terms of sub-paragraph F herein, for the purpose of determining the application of rates.

(3)

No portion of the Prepayment Credit may be transferred to or utilized for other land(s), except as provided in this Chapter, and no portion of the Prepayment Credit will be returned to the developer or successor-in-interest.

(4)

Except as described herein a developer or successor in interest must expend the Prepayment Credit to pay impact fees for the issuance of development permit(s) with respect to said land no later than December 31, 2009. Prior to December 31, 2009, a developer or successor in interest of land may request, in writing to the Transportation Official, an extension of the time in which the Prepayment Credit must be expended, to December 31, 2012. Upon the Transportation Planning Division Manager's determination that the developer or successor in interest of land is otherwise in compliance with the terms and requirements of this Chapter and any agreements, by which the Prepayment Credit was established, the requested extension shall be granted. The extension will not otherwise affect or impact the terms and requirements of this Chapter and any applicable agreements, which terms and requirements remain effective and constitute a condition of the extension.

Any claim for the application of impact fee rates different from the rates in effect at the time of permit issuance, must be made in writing to the Transportation Impact Fee Coordinator no later than the time of application for a development permit. Any claim not so made shall be deemed waived.

Nothing in this Section shall operate to impair the rights or obligations contained in a binding agreement between the City of Orlando and a developer or successor-in-interest of land relating to said land and the payment of transportation impact fees. A developer or successor-in-interest of land, who is a party to such binding agreement, may apply to the City's Transportation Planning Division Manager, in writing, at any time prior to issuance of a development permit for said land, for a determination of the application of impact fee rates.

Active Permit Status: In the case of certain inactive permits requesting an extension after 180 days of inactivity shall be assessed transportation impact fees at the current rate in effect at the time of the extension request. If during the review process, permit plan review activity ceases for a period of 180 days, a reassessment of the transportation impact fee shall be done at the current rate in effect.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 10-5-2009, § 7, Doc. #0910051104; Ord. of 8-30-2010, § 8, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 7, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 5, 1-11-2021, Doc. #2101111207)

Sec. 56.13. - Limited Access—Grade Separated Road Improvements.

The Transportation Impact Fee formula contained in this Chapter is designed to calculate costs inherent in the construction of at-grade transportation improvements and is not intended to assess an amount that constitutes an approximation of the cost to construct limited access grade separated road improvements. Therefore, if an assessment for limited access-grade separated road improvements is required, then to the extent permitted by law, said assessment shall be considered as an addition to the assessment calculated pursuant to the terms of this Chapter.

The provisions of this section shall only apply where the City of Orlando City Council has established a limited access—grade separated road improvement assessment area designed to assess the properties within such assessment area an amount equal to the pro rata share of the cost of such improvements based on the units of development to occur within the assessment area.

The assessment for required limited—access or grade separated road improvements calculated pursuant to the terms of this section shall be adjusted to insure that the land use's transportation impacts on the road network are not counted twice.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.14. - Site Related Transportation Improvements.

The Transportation Impact Fee formula contained in this Chapter is designed to calculate the costs inherent in the construction of non-site related transportation improvements and is not intended to assess an amount that constitutes an approximation of the costs to construct site related transportation improvements. Therefore, if an assessment for or the construction of site related transportation improvements are required as a condition of development approval or permit, then to the extent permitted by law, said assessment or construction requirements shall be considered as an addition to the assessment calculated pursuant to the terms of this Chapter.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.15. - Exemptions.

The following shall be exempted from payment of the Transportation Impact Fee:

Alteration or expansion of an existing dwelling unit of a residential land use where no additional units are created or the use is not changed.

The construction of accessory buildings or structures or the addition of uses, to the extent that there is no increase in trip generation, with respect to the existing principal land use. For example, though not exclusively: (i) Construction of a detached garage (without a living unit), to a single family residential unit; (ii) construction of a shade structure with no services performed under it and no additional occupancy because of it: and (iii) up to 15% of warehouse (unit) floor area used for office but still assessed as warehouse space.

Construction of a residential unit(s), owner-occupied or tenant- occupied, with a City-approved Affordable Housing Certification to the following extents:

One hundred percent (100%) exemption of the transportation impact fees assessed for certified Affordable units are dedicated to those earning at or below 80% of AMI (Area Median Income)

Fifty percent (50%) exemption of the transportation impact fees assessed for certified Affordable Housing units if the certified Affordable Housing units are dedicated to those earning between 81% AMI to 120% AMI (Area Median Income)

Outdoor eating and drinking areas that constitute less than 25% of the total eating and drinking establishment, including the outdoor square footage used or leased in connection with the outdoor eating and drinking establishment. These are outdoor areas integrally related and customarily found in association with eating and drinking establishments. Establishments with vehicle drive-through facilities or which later construct vehicle drive-through facilities are not eligible for this exemption.

Publicly owned and operated buildings, structures or uses used for general governmental purposes (to include but not limited to public schools, sewer, stormwater, police, fire, ground transportation, solid waste, parks, and recreation).

The publicly owned air passenger terminal buildings at Orlando International Airport ("OIA") and at Orlando Executive Airport ("OEA"), for those airport-related land uses therein which are provided within the terminal building and which the consumption is exclusively within public airport terminals of comparable size and at a scale commensurate with the level of activity at the airport (including all expansions and additions thereto). Fixed Based Operators to the extent that they provide essential airport services.

Those land uses at OIA and OEA which are of a type which must be located on an airport, but which will not be used and occupied primarily for essential airport services at OIA and OEA, shall pay impact fees based on actual use. All other land uses occurring on the premises of OIA or OEA, unless otherwise exempted, shall be subject to full payment of the Transportation Impact Fee. For purposes of this subsection, the term "essential airport service" shall mean the provision of goods or services which are essential to the safe and efficient operation of the airport.

For the period beginning April 11, 2011, any change, redevelopment, or modification of a land use that results in a commercial or industrial use which requires the issuance of a development permit:

(i)

provided that the proposed land use is consistent with the City's then current zoning and future land use designation for such property and

(ii)

to the extent that the size of the structure(s) is not increased or expanded and the footprint of the structure(s) is not altered.

This exemption to payment of all or a portion of a Transportation Impact Fee for any change, redevelopment or modification of a land use is limited to:

(i)

a maximum of twenty thousand dollars ($20,000.00) and

(ii)

applicants for a development permit that constitute a Small Business as that term is defined by the City's Economic Development Department's Office of Business Assistance per the United States Small Business Administration's size standards, effective July 2014. The exemption shall not apply to any development permits issued prior to April 11, 2011, including development permits which have been issued pursuant to an approved Transportation Impact Fee Payment Plan under Section 56.10(3), City Code and development permits which have [been] issued pursuant to an Alternative Transportation Impact Fee Calculation under Section 58.08, City Code. The Applicant and Property Owner agree that the exemption or reduction is non-transferable without the written consent of the City's Transportation Planning Division Manager or his/her designee and does not affect the City's authority to impose impact fees on future development of the property. The City's Transportation Planning Division Manager or his/her designee, shall, prior to October 1st of each year, review and analyze this subsection to determine if it remains necessary and in the public interest to facilitate economic development, based on generally accepted principles and data. If the Transportation Planning Division Manager determines that the exemption established by this subsection is not necessary and in the public interest to facilitate economic development, he or she shall make a recommendation to the City's Chief Administrative Officer that this subsection be amended to terminate or revise the exemption accordingly. Previously granted exemptions under this subsection shall be reviewed annually to ensure compliance with the terms and conditions of the application for development permit and the standards of the exemption. If any violation is found, the City shall be entitled to impose an impact fee on the property in the amount of the exemption.

Any new development, or portion thereof, located on a development site which is defined as a Transit Oriented Development, "TOD," under this Chapter to the extent that the below criteria are met:

The development site shall be composed of a compact, dense mixture of land uses, including residential, with the ground floor consisting of primarily (>50%) active uses, as defined in this Chapter.

Pedestrian facilities serving the development sits shall meet or exceed City codes and policies.

Bicycle facilities serving the development site shall meet or exceed City codes and policies.

Reserved.

The Developer shall enter into an agreement(s) to fund or subsidize transit ridership for employees, residents, and/or guests at the development site. A completed application form requesting the TOD exemption must be submitted to the City's Transportation Planning Division Manager, for review. It is the applicant's responsibility to submit sufficient data in a timely fashion for said review. If the City's Transportation Planning Division Manager determines that insufficient data has been submitted or that any of the four criteria are not met, the application for exemption will be denied. Each of the four criteria, if met in full, shall receive a ten percent (10%) reduction to the Transportation Impact Fee assessed against the development or portion thereof, with the approval of the Transportation Planning Division Manager. The terms of this TOD subsection shall only apply to building permits issued after January 1, 2023, as long as a substantial permit plan submittal for said permit is filed on or before November 1, 2022.

Any claim of exemption must be made no later than the time for application for a development permit. Any claim not so made shall be deemed invalid.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 6-6-1988, Doc. #22149; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 12-16-1996, Doc. #29904; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 4-13-2009, § 1, Doc. #0904131102; Ord. of 8-30-2010, § 9, Doc. #1008301103; Ord. No. 2011-17, § 2, 4-26-2011, Doc. #1104251101; Ord. No. 2012-8, § 2, 3-12-2012, Doc. #1203121202; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2013-21, § 2, 5-6-2013, Doc. #1305061205; Ord. No. 2014-72, § 2, 12-15-2014, Doc. #1412151204; Ord. No. 2017-73, § 8, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 6, 1-11-2021, Doc. #2101111207; Ord. No. 2022-47, § 4, 8-15-2022, Doc. #2208151210)

Sec. 56.16. - Establishment of Transportation Benefit Areas.

Transportation Benefit Areas (also referred to as Impact Fee Zones) are herein established as a means to demonstrate that a benefit relationship (ie. rational nexus) exists between the transportation improvements funded by transportation impact fees collected and the land uses from which the transportation impact fees were assessed. Transportation impact fees collected from land uses within a Transportation Benefit Area shall be used to implement transportation improvement projects within that area. The Transportation Benefit Areas are shown on the map labeled Exhibit "B" attached hereto and made part hereof, and consist of Benefit Fund Area North, Benefit Fund Area Southeast & Benefit Fund Area Southwest.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 12-16-1996, Doc. #29904; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 9, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 7, 1-11-2021, Doc. #2101111207)

Sec. 56.17. - Establishment of Trust Funds.

The transportation impact fees collected by the City pursuant to this Chapter shall be kept in separate accounts from other revenue of the City. There shall be one fund established for each of the Transportation Benefit Areas shown on Exhibit "B" of this Chapter attached hereto and made a part hereof.

Funds withdrawn from these accounts must be used solely in accordance with the provisions of this Chapter. The expenditure of such funds shall require the budgetary approval of the City of Orlando City Council, upon recommendation of the Mayor, or a City-approved Agreement authorizing the expenditure of such funds consistent with this Chapter.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.18. - Collection of Transportation Impact Fee Assessment.

Except as provided for in Sections 56.05 and 56.10 of this Chapter, the Transportation Impact Fee Assessment shall be due and payable at the time of issuance of the development permit for the traffic generating land use.

The transportation impact fee shall be collected by the Transportation Impact Fee Coordinator, or his designee, and any administrative charges for said collection, shall be limited to the City's reasonable costs.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.19. - Use of Funds Collected.

The funds collected by reason of establishment of the transportation impact fee in accordance with this Chapter shall be used solely for the purpose of administering, planning, acquisition, expansion and development of non-site related transportation improvements to the City's Multimodal Transportation Network or the Regional Multimodal Transportation Network, determined to be needed to serve new land uses within the City, including, but not limited to:

(1)

corridor studies and environmental assessments.

(2)

design and construction plan preparation.

(3)

right-of-way acquisition.

(4)

construction of new through lanes.

(5)

construction of new turn lanes.

(6)

construction of new bridges.

(7)

construction of new drainage facilities in conjunction with new roadway construction.

(8)

design, purchase and installation of traffic signalization, signage and marking.

(9)

construction of new curbs, medians and shoulders,

(10)

construction of mass-transit projects,

(11)

construction of multi-use bicycle trails.

(12)

pedestrian improvements that are integrally related to transportation improvements and serve to separate pedestrians from vehicles, thus enhancing the carrying capacity of the transportation system.

(13)

other improvements, as determined by the City's Transportation Planning Division Manager, that add to the pedestrian or vehicle carrying capacity of the transportation system.

All funds shall be used exclusively to benefit properties within the Transportation Benefit Areas (See Exhibit B) from which they were collected and in a manner consistent with the principles set forth in State ease and Statutes law, and otherwise consistent with all requirements of the Constitution of the United States and the State of Florida and all applicable laws. Said funds shall not be used to maintain or repair any roads or other transportation improvements.

Interest on Funds. Any funds on deposit not immediately necessary for expenditure shall be invested in interest-bearing accounts. All income derived shall be deposited in the applicable trust account.

City of Orlando shall be entitled to retain an amount of $150,000 or three percent (3%), whichever is greater, of the aggregate of annual, collected impact fees. The retained funds shall be utilized to offset the actual administrative costs associated with the collection and use of said funds that year pursuant to this Ordinance.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 1-11-1988, Doc. #21784; Ord. of 7-16-1990, Doc. #24073; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 10, Doc.#1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 10, 1-8-2018, Doc. #1801081209; Ord. No. 2020-70, § 7, 1-11-2021, Doc. #2101111207)

Sec. 56.20. - Return of Funds.

If it is determined by the City of Orlando that transportation impact fee assessments collected pursuant to this Chapter have not been spent or encumbered for expenditure by the end of the calendar quarter immediately following six (6) years from the date said fee was received, or if the land uses for which the fees were paid have been officially and formally abandoned and it has been six (6) years since the transportation impact fees were paid, then said funds shall be eligible for refund to the then present owner in accordance with the following procedures:

The then present owner must petition the City Council for the refund within one (1) year following the end of the calendar quarter immediately following five (5) years from the date on which the fee was received by the City. The petition must be submitted to the City's Transportation Planning Division Manager and must contain:

(1)

a notarized sworn statement that the petitioner is the current owner of the development site;

(2)

a copy of the dated receipt issued for payment of the transportation impact fee;

(3)

a certified copy of the latest recorded deed;

(4)

a copy of the most recent ad valorem tax bill; and

(5)

such other information which may be reasonably necessary to ascertain current ownership of the development site.

Within sixty (60) days from the date of receipt of petition for refund, the Transportation Planning Division Manager or his designee shall advise the petitioner and the City Council of the status of the transportation impact fee requested for refund. For the purpose of determining whether said fees have been spent or encumbered, the first money placed in a trust fund account shall be deemed to be the first money taken out of that account when withdrawals have been made.

When the money requested is still in the trust fund account and has not been spent or encumbered by the end of the calendar quarter immediately following five (5) years from the date the fees where paid, the money shall be returned with interest at the rate of three percent (3%) per annum.

Any return of Transportation Impact Fees under this Section shall be reduced by three percent (3%) per annum on the applicable funds, to account for the City's administrative and processing costs. Funds paid into Proportionate Fare Share programs or transportation concurrency reservation programs, shall be returned consistent with Chapter 59.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 4-13-2009, § 1, Doc. #0904131102; Ord. of 8-30-2010, § 11, Doc.#1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.21. - Review.

This Chapter shall be reviewed by the City Council at least every four years, beginning October 1, 2007. The review shall include trip generation rates, trip lengths, construction and right-of-way acquisition costs, Chapter provisions, impact fee rates and other applicable items. The purpose of this review is to analyze the effects of inflation on the actual costs of transportation improvements, to review and revise, if necessary, this Chapter in accordance with the most recently adopted Transportation Element and to ensure that the transportation impact fee charged for new traffic generating land uses will not exceed its pro rata share for the reasonably anticipated expansion costs of transportation improvements necessitated solely by its presence. Failure of the City of Orlando to undertake such a review shall result in the continued use and application of the existing fee schedule and other data. The review described herein, is in addition to and not to the exclusion of the indexing and review requirements contained in Section 56.07 of this Chapter.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 7-16-1990, Doc. #24073; Ord. of 11-28-1994, Doc. #28057; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.22. - Penalty.

Violations of this Chapter by Developer/Applicant shall be prosecuted as provided by City Code or by an injunction or other legal or equitable relief in the circuit court against any person violating this Chapter.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Sec. 56.23. - Appeals of Impact Fee Determinations.

Any person desiring to appeal an administrative decision regarding a determination relating to the payment of transportation impact fees or credits shall file a written Notice of Appeal with the Transportation Impact Fee Coordinator. Said Notice shall be filed within thirty (30) days of the decision sought to be appealed. A required processing fee, as established from time-to-time by City Council, shall be submitted with the Notice of Appeal in order to defray actual administrative costs associated with processing the transportation impact fee appeals.

All Notices of Appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefor, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the transportation impact fees or credit(s) pertain.

Within thirty (30) days following the receipt of the written Notice of Appeal, the Transportation Planning Division Manager will review the Appellant's written report, supporting documentation and departmental staff reports. The thirty (30) day review period may be extended if additional information is needed from the Appellant in order to render a decision. Upon completion of the administrative review, the Transportation Planning Division Manager will provide a written response to the Appellant.

Any person desiring to appeal the determination of the Transportation Planning Division Manager shall file a written Notice of Appeal to the Chief Administrative Officer for the City within fifteen (15) days following receipt of the determination. Receipt shall be construed to have occurred when the administrative determination is deposited in the United States mail postage prepaid to the person whose name and address was identified in the original Notice of Appeal. Within thirty (30) days following actual receipt of the written Notice of Appeal, the Chief Administrative Officer or his/her designee will review the Appellants' written report, supporting documentation and departmental staff reports. Upon completion of the administrative review, the Chief Administrative Officer or his/her designee will provide a written determination to Appellant.

Any person desiring to appeal the final administrative determination of the Chief Administrative Officer regarding the payment of transportation impact fees or credits shall file a written Notice of Appeal to City Council. Said Notice of Appeal to City Council shall be filed with the Chief Administrative Officer for the City within fifteen (15) days following receipt of the Chief Administrative Officer's final administrative determination. Receipt shall be construed to have occurred when the administrative determination is deposited in the United States mail postage prepaid to the person whose name and address was identified in the original Notice of Appeal.

All Notices of Appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefore, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property to which the transportation impact fees or credit pertain.

The City Clerk is responsible for scheduling transportation impact fee appeals before the City of Orlando City Council and will provide at least ten (10) days notice to the applicant of the date of the designated meeting. Postponements of the City Council appeal date may be granted by the City Clerk if they are requested in writing at least ten (10) days in advance of the scheduled City Council meeting date.

When an Appeal is scheduled for oral presentation before the City Council, the Appellant and the City staff shall each be given five (5) minutes at the oral argument to present the Appeal and to discuss the submitted written record.

(Ord. of 8-25-1986, Doc. #20552; Ord. of 9-11-2006, § 1, Doc. #0609111005; Ord. of 8-30-2010, § 12, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201)

Exhibit-A Rate Schedule—Effective January 15, 2023 RATES REFLECT 15% POLICY DISCOUNT

EXPAND 2022 Rates Area 1A Area 1B, 2 & 3 Downtown City other Fee Basis 15% Policy Disc 15% Policy Disc Residential Single Family (detached) 1,200 SF or less / Unit $3,422 $3,898 Single Family (detached) 1,201 SF to 2,000 SF / Unit $4,973 $5,645 Single Family (detached) 2,001 SF to 3,500 SF / Unit $6,238 $7,069 Single Family (detached) Greater than 3,500 SF / Unit $6,529 $7,397 Town Home (Attached) & Duplex / Unit $4,716 $5,333 Multi-Family 1 to 3 floors / Unit $3,426 $3,883 Multi-Family 4 floor and Greater / Unit $2,254 $2,562 Mobile Home / Unit $1,871 $2,120 Senior - Independent Living - 55+ / Unit $2,010 $2,320 Senior - Assisted Living Facility (ALF) / Unit or Person $995 $1,144 Senior - Nursing Home / room or bed $1,000 $1,052 Senior - Continuing Care Retirement Cen. Sum of the Uses Lodging Hotel / Room $2,249 $2,547 Motel / Room $1,052 $1,198 Resort Hotel / Room $2,770 $3,136 Recreation Movie Theatre / Live Theatre / 1000 sq. ft. $14,858 $16,838 Amusement (Theme) Park / Acre $30,284 $34,422 Fitness/indoor Rec - Retail / 1000 sq. ft. $3,418 $3,921 Institutional Elementary School (Grades K-8) / Student $553 $631 Middle School / Student $507 $580 High School / Student $536 $611 Junior Community College /Tech. School / Student $1,174 $1,329 University / Student $866 $983 Day Care / 1000 sq. ft. $6,856 $7,813 Hospital / 1000 sq. ft. $5,462 $6,185 Church /Funeral Home / 1000 sq. ft. $2,734 $3,082 Office General Office / 1000 sq. ft. $4,848 $5,516 Medical/Dental Office 10,000 SF or Less / 1000 sq. ft. $11,696 $13,227 Medical/Dental Office 10,001 SF or Greater / 1000 sq. ft. $16,969 $19,168 Retail Retail - 40,000 SF or Less / 1000 sq. ft. $3,418 $3,921 Retail 40,001 to 150,000 SF / 1000 sq. ft. $7,061 $8,033 Retail 150,000 or Greater / 1000 sq. ft. $7,512 $8,523 New Car/Vehicle Sales / 1000 sq. ft. $8,835 $9,997 Auto Parts / Service - Retail / 1000 sq. ft. $3,418 $3,921 Supermarket / 1000 sq. ft. $10,600 $12,028 Convenience Store / 1000 sq. ft. $45,280 $50,425 Home Improvement Superstore / 1000 sq. ft. $4,255 $4,852 Discount Home Furnishing Superstore 60K + / 1000 sq. ft. $3,290 $3,760 Furniture Store / 1000 sq. ft. $1,812 $2,082 Pharmacy/Drugstore / 1000 sq. ft. $6,540 $7,439 Bank w/ Drive-through / 1000 sq. ft. $10,259 $10,809 Bank - Drive-through (retail) / 1000 sq. ft. $3,418 $3,921 Fine Dining or Local Restaurant / 1000 sq. ft. $20,397 $23,101 High-turnover Restaurant / 1000 sq. ft. $22,925 $25,953 Take-out Restaurant (no seats) (high-turnover) / 1000 sq. ft. $22,925 $25,953 Fast Food Rest. w/ Drive-through / 1000 sq. ft. $35,075 $36,887 Gas Station w/Convenience Store <2000 SF / fuel position $7,397 $8,375 Gas Station w/Convenience Store 2001 - 5499 SF / fuel position $11,385 $12,888 Gas Station w/ Convenience Store 5500 SF + / fuel position $14,895 $16,860 Industrial General Industrial - Light / 1000 sq. ft. $2,224 $2,524 Manufacturing / 1000 sq. ft. $2,162 $2,456 Warehousing / 1000 sq. ft. $700 $806 Mini Storage/Self Storage / 1000 sq. ft. $353 $414 Transit Oriented Design (TOD) Varies EQUATION: GSF X 90% = _______/ 1000 = _______ X (RATE) = _______ = FEE DUE

(Ord. of 11-17-2008, Exh. A, Doc. #0811171102; Ord. of 4-13-2009, Exh. A, Doc. #0904131102; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, Exh. A, 1-8-2018, Doc.#1801081209; Ord. No. 2024-18, § 12, 5-13-2024, Doc. #2405131203)

(Ord. of 8-30-2010, § 13, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2013-40, § 1, 7-22-2013, Doc. #1307221201; Ord. No. 2017-73, Exh. B, 1-8-2018, Doc.#1801081209; Ord. No. 2022-47, § 5(Att.), 8-15-2022, Doc. #2208151210)

(Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, Exh. C, 1-8-2018, Doc.#1801081209)

Secs. 56.24—56.29. - Reserved.

PART II. - PARKS IMPACT FEE

Sec. 56.30. - Short Title, Authority, and Applicability.

(a)

This part shall be known and may be cited as the "Orlando Parks Impact Fee Ordinance."

(b)

This ordinance is adopted pursuant to and in accordance with the authority granted and limitations imposed upon the city by Article VIII, Section 2(b), Florida Constitution, section 166.021, Florida Statutes, the Florida Impact Fee Act (section 163.31801, Florida Statutes), Florida case law relating to impact fees imposed by municipal governments, and other applicable law of Florida and ordinances of the city.

(c)

This ordinance applies throughout the City of Orlando.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205)

Sec. 56.31. - Purpose, Intent, and Findings.

The purpose and intent of this ordinance, and the legislative findings supporting this ordinance, are set forth in City Ordinance #2024-32 and are hereby incorporated into this part as if fully set forth herein.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 1, 9-9-2024, Doc. #2409091201)

Sec. 56.32. - Definitions.

(a)

Applicant means the person, firm, or corporation seeking a building permit for residential development.

(b)

Accessory Dwelling Unit(s) (ADU's): (Garage Apartment, Cottage, Mother-in-Law Suite, etc.) to be located on a single-family parcel or lot of record, shall be evaluated for a parks impact fee assessment based on the additional square footage being added with the ADU (conditioned space) to the existing single-family (conditioned space) square footage. If the new square footage total of the conditioned space does not exceed the next tiered single-family rate, there shall be no additional fee due.

(c)

Affordable Housing: Residential units priced so that households whose incomes are at or below 80% of the median household income for the Orlando Metropolitan Statistical Area (MSA) or Area Median Income (AMI) would not be required to pay more than 30% of their gross income on rent (utilities included) or mortgage payments (including taxes and insurance).

(d)

Affordable Housing Project: A development in which no less than 20% of all residential units meet the definition of Affordable Housing.

(e)

Building means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattels, or property of any kind. This term shall include tents, trailers, mobile homes, or any vehicles serving in any way the function of a building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintenance during the term of a building permit.

(f)

Building Permit: Any building or construction permit required under the Orlando Building Code (Chapter 13 of the City Code).

(g)

Certificate of Occupancy: means an official document or certificate issued by the City of Orlando under the authority of ordinance or law authorizing the occupancy for its intended use of a building, or any portion thereof.

(h)

City Park: Shall include all parks owned and operated by the city, including active parks, passive parks, water access sites, and associated recreational facilities and buildings, but can include parks and recreational facilities that are owned by Orange County Public School System with long-term lease agreement or Memorandum of Understanding, that are operated by the City of Orlando Families, Parks and Recreation.

(i)

Director: means the director of the City of Orlando Families, Parks and Recreation Department, or his or her designee.

(j)

Development Permit: Includes any building permit, having the effect of permitting the construction or alteration of any building or structure or other vertical improvement on the land.

(k)

Dwelling, Two Family (or Duplex): A single structure on a single lot or building site containing two dwelling units, each of which is totally separated from the other by a wall or ceiling, unpierced for any purpose including access, communication, or utility connection. The minimum height of the wall between the two units shall be at least 8 feet, and the space on either side of this wall shall contain heated living space and/or a garage.

(l)

Housing, Low Income (Affordable): Owner or Tenant-occupied housing: As defined by applicable governmental regulations and Certified by the Housing and Community Development Department of the City of Orlando.

(m)

Impact fee means the fee imposed by section 56.35 of this code. The fee may also be referred to as the "parks impact fee," the "parks and recreation facilities impact fee," or some other similar iteration of these terms.

(n)

Lodging (Hotel, Motel or Resort) Unit means an establishment consisting of a group of attached or detached lodging units having bathrooms and designed primarily for transient tourists. May furnish customary services such as restaurants, dining rooms, meeting rooms, bars and similar uses. This term includes timeshare facilities, condotels, and any short-term group rental housing.

(o)

Multifamily dwelling unit means any group of three or more dwelling units occupying a single building site, whether composed of one or more than one principal building. This term includes apartments, multiplexes, and condominiums. However, this term shall not include Townhomes. This term shall include the following types of multifamily dwelling units: Studio Apartment, One bedroom, and Two or more bedrooms, or as defined in Chapter 66 of this code.

(p)

Park improvement means a physical asset, constructed or purchased, with an expected useful life of at least five years and that is reasonably necessary to provide a safe and adequate park in which the public may recreate. Without limitation, the term includes recreation centers, pools, playgrounds, playground equipment, park land, lights, fences, restroom facilities, basketball courts, baseball and softball fields, stormwater and other utility improvements, tennis courts, soccer fields, amphitheaters, gardens, beaches, docks, trails, nature preserves, and open fields.

(q)

Pocket Park: Is an outdoor public park that is 0.5 acres or smaller in size.

(r)

Regional park: Is a park, recreation or facility amenities that draw users from the broader Orlando limits due to specialty uses (skate parks, ballfields, pump tracks, etc...) frequent large events intended to attract large crowds (festivals, sporting events, concerts, etc...) or other factors such as unique features and amenities. Such parks as Lake Eola Park, Bill Frederick Park at Turkey Lake, Loch Haven Park, Lake Lorna Doone Park, Trotters Park, Lake Fairview Park, Emory Hamilton Sports Complex , Blue Jacket Park, Orlando Festival/Skate Park, or Airport Lakes Park (See 56.41 Use of funds)

(s)

Residential development means the construction of any single family, duplex, tandem, townhome or multifamily dwelling unit. For the purpose of this ordinance, "construction of any single family, duplex, tandem, townhome or multifamily dwelling unit" includes the relocation of any single family, duplex, tandem, townhome or multifamily dwelling unit.

(t)

Single family dwelling unit means a One Family Dwelling as defined in Chapter 66 of this code.

(u)

Square Feet means the condition (heated/cooled) area measured in square feet within the interior walls or other boundaries of the building or structure.

(v)

Substantial Permit Plan Submittal: A completed permit application form accompanied by a full set of signed and sealed plans by an authorized design professional. The plan set shall include any relative civil and site work plans as needed to issue a building permit.

(w)

Trail Segment—A section of a trail, which is a route along a series of paths or roads.

(x)

Townhome (or Townhouse) Dwelling Unit: A self-contained dwelling unit which is designed and constructed so that the unit and lot on which it is located may be individually owned. Townhome units are separated by fireproof and soundproof walls as to provide privacy. Typically, three or more units are attached by a common wall.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 2, 9-9-2024, Doc. #2409091201)

Sec. 56.32a. - Rules of Construction.

For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply:

(a)

In case of any difference of meaning or implication between the text of this subdivision and any caption, illustration, summary table, or illustrative table, the text shall control.

(b)

The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

(c)

Words used in the present tense shall include the future and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

(d)

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(e)

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows:

(1)

And indicates that all the connected terms, conditions, provisions, or events shall apply.

(2)

Or indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(3)

Either ... or indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(f)

The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 2024-32, § 3, 9-9-2024, Doc. #2409091201)

Sec. 56.33. - Parks Impact Fee Funds Established.

(a)

There is hereby established a separate parks impact fee fund for each of the three parks benefit areas established by section 56.34 of this ordinance. Impact fee revenues must be deposited into the fund that corresponds with the location of the proposed development from which the respective fees were derived.

(b)

Funds withdrawn from the Parks impact fee fund may be use only in accordance with this ordinance.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 4, 9-9-2024, Doc. #2409091201)

Sec. 56.34. - Parks Benefit Areas Established.

(a)

There is hereby established three parks benefit areas in the City of Orlando, one to be known as the "North Parks Benefit Area," another as the "Southeast Parks Benefit Area," and the third as the "Southwest Parks Benefit Area."

(b)

All land within the jurisdictional boundaries of the city is contained within a parks benefit area. Where the boundary of a parks benefit area crosses an existing or proposed park or recreation facility, the divided park or recreation facility shall be considered wholly within both of the parks benefit areas. Where a residential development crosses the boundary of a parks benefit area, the divided residential development shall be considered wholly within both of the parks benefit areas.

(c)

The boundaries of the parks benefit areas are hereby established by Figure 56.34-1.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205)

Sec. 56.35. - Impact Fee Imposed, Rate Established, and Time of Payment.

(a)

Subject to the various terms, conditions, credits, exemptions, and other provisions of this ordinance, a parks impact fee is hereby imposed upon all new residential development in the City of Orlando, as follows: EXPAND Tiered Rate Program: Land Use Categories Fee Basis Rate (w/41% policy disc.) Single Family—1,200 SF or Less Per Unit $1,633.00 Single Family—1,201 SF to 2,000 SF Per Unit $2,225.00 Single Family—2,001 SF to 2,499 SF Per Unit $2,665.00 Single Family—2,500 SF to 2.999 SF Per Unit $2,980.00 Single Family—3,000 SF to 3.499 SF Per Unit $3,267.00 Single Family—3,500 SF or Greater Per Unit $3,649.00 Townhome or Duplex Unit Per Unit $2,624.00 Multi-Family (apartment) Unit Per Unit $1,758.00 Senior Housing (55+ detached) Per Unit $1,423.00 Senior Housing (55+ attached) Per Unit $1,060.00 Mobile Home Unit Per Unit $2,063.00 Hotel, Motel & Resort Unit Per Room $1,262.00

Square footage (SF) is calculated on conditioned (heated/cooled) space.

(b)

Except as permitted by subsection 56.35(c), the parks impact fee imposed by this ordinance on new residential development must be paid as a condition of the issuance of a building permit for the respective residential unit or units. For the purpose of this section, a "building permit" means a building permit issued pursuant to the Florida Building Code and includes building permits for the construction of building foundations or Hotel/Motel & Resort land uses.

(c)

At the option of the applicant for a multi-family or Hotel/Motel & Resort land use development, the parks impact fee for commercial developments may be paid in two installments, with half of the impact fee being paid before the issuance of the respective building permit, and the remaining half being paid before the issuance of the respective development's certificate of occupancy (or functional equivalent). Where a residential development will be permitted by multiple certificates of occupancy, the second installment of the parks impact fee must be paid before the first certificate of occupancy is issued for the development.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 5, 9-9-2024, Doc. #2409091201)

Sec. 56.36. - Presumption of Maximum Impact.

Proposed residential or Hotel/Motel & Resort land use development is presumed to have the maximum incremental impact on the city's park system as such impact is determined by the Parks Impact Fee Study.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 6, 9-9-2024, Doc. #2409091201)

Sec. 56.37. - Credits.

An applicant shall be entitled to a credit against the park impact fee charged pursuant to this section and must meet the criteria listed below. No credit shall exceed the amount of the park impact fee assessed under section 56.35.

(a)

Demolition, relocation, or cessation/vacated of use. Persons responsible for the demolition, relocation, or cessation of a residential unit are entitled to credit against their subsequent parks impact fee liability, but the credit must be used within 10 years of issuance of abandoned residential unit(s) or hotel/motel rooms. Credit may be transferred to successors in interest to the land where the demolition, relocation, or abandonment occurred, but may not be transferred for use on another property.

(b)

Developer improvements. Applicants are entitled to credit against their parks impact fee liability in an amount equal to the value of park improvements contributed to the city, provided that:

The park improvement is consistent with the GMP; and

The park improvement was required by the city as a condition of approval of a land development order or permit; and

The proposed park improvement is reviewed and accepted by the director; and

For a contribution of land, the land is at least five acres in size or, if less than five acres, the land is for a specialty park such as a trail segment, pocket park, or a park adjacent to a body of water; and

The park improvement is made directly by the applicant; and

The city and the applicant enter into a parks impact fee credit agreement setting forth the terms and conditions of the credit, including without limitation, the valuation of the contributed park improvements, the assignability of credits, the timing of contributions, and the expiry of credits. Agreements entered into pursuant to this paragraph must be approved by the Orlando City Council before any park improvement is contributed to the city. The agreement may provide for execution by mortgagees, lienholders, or contract purchasers in addition to the applicant, and may permit any party to record the agreement in the official records of Orange County. The Orlando City Council may approve an agreement pursuant to this section only if finds that the agreement will fairly apportion the costs associated with providing new parks and recreation facilities consistent with Florida law relating to impact fees. Recognizing the extraordinary staff time involved with reviewing a proposed credit agreement, Council may, by resolution, establish an appropriate fee for the submission of credit proposals pursuant to this paragraph.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 7, 9-9-2024, Doc. #2409091201)

Sec. 56.38. - Exemptions, Discounts.

The following types of development are exempt from the payment of the impact fees imposed pursuant to this section:

(a)

Where a building permit is required for the rehabilitation, renovation, or redevelopment of an existing residential or hotel/motel development where no additional units are being created, or where the conditioned (heated/cooled) space does not exceed the current living square footage as stated on the official Orange County records. If the redevelopment or renovation shall resort in an increase in the conditioned (heated/cooled) space or additional units, an additional parks impact fee shall be assessed on the new conditioned space or additional new units. A residential unit is considered "existing" for purpose of this section if it was actually used for residential or hotel/motel purposes for at least six months within 10 years of the issuance of the building permit for the rehabilitation, renovation, or redevelopment. The applicant is responsible for providing competent substantial evidence of the actual residential or hotel/motel use of each unit. Such evidence may include, without limitation, utility records, building plans, leases, mail addressed to the dwelling unit or units, and sworn statements from past residents or owner.

This exemption only applies to the property owner at the time of rehabilitation, renovation, or redevelopment of an existing residential or hotel/motel development. Per Sec. 56.37.

(b)

Construction of a residential unit(s), owner-occupied or tenant- occupied, with a City-approved Affordable Housing Certification to the following extents:

One hundred percent (100%) exemption of the transportation impact fees assessed for certified Affordable Housing Units, if the certified Affordable Housing Units are dedicated to those earning at or below 80% AMI (Area Median Income)

Fifty percent (50%) exemption of the transportation impact fees assessed for certified Affordable Housing Units if the certified Affordable Housing Units are dedicated to those earning between 81% AMI to 120% AMI (Area Median Income.)

Proposed developments in areas that fall below established parks level of service standards may be subject to full impact fee assessment.

Modifications to approved certified housing projects that result in a reduction of certified units converted to market rate, shall be required to pay the rate in effect at such time.

Impact fees shall be applicable to certified housing units that reach the end of their certification period or transition to market rate units.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 8, 9-9-2024, Doc. #2409091201)

Sec. 56.39. - Alternative Impact Fee.

In lieu of paying the fee imposed by section 56.35 of this ordinance, an applicant may propose and pay an alternative impact fee if such alternative fee is approved by the Orlando City Council in accordance with this section and the purpose and intent of this ordinance. Alternative impact fees must be approved by agreement between the city and the applicant. The purpose of this section is to provide a mechanism for setting a lawful and fair impact fee where an impact fee rate different from that which is established in section 56.35 of this ordinance is necessitated by the unique characteristics of a proposed residential development. An alternative impact fee agreement must be supported by a study conducted by a professional with experience in impact fee calculations. The alternative impact fee study and the derived alternative impact fee may not apply any kind of discount as is applied to the impact fee imposed by section 56.35 of this ordinance (sometimes referred to as a "policy discount"). The study must be delivered to the director at least 60 days before a building permit is issued for the respective residential development. The study and agreement may include, but is not limited to provisions that:

(a)

Modify the presumption of maximum impact as provided by section 56.36 of this ordinance. In doing so, the study or agreement must specify the unique characteristics of the proposed residential development that justifies a modified presumption of impact. The agreement must provide sufficient remedies for ensuring that the residential development substantially maintains the unique characteristics justifying the modified presumption of impact.

(b)

Provides an impact fee that differs from that rate imposed by section 56.35 of this ordinance if the alternative rate is supported by competent substantial and the most localized and recent planning and economic data then currently available.

(c)

In lieu of the requirements relating to the time of payment provided in section 56.35 of this ordinance, provides a schedule and method of payment for the alternative impact fee that is appropriate to the unique characteristics of the proposed residential development. The applicant must provide the city, in a form acceptable to the Orlando City Council, security ensuring payment of the impact fee within 90 days of issuance of the residential development's first certificate of occupancy, which security may be in the form of a cash bond, surety bond, an irrevocable letter of credit, negotiable certificate of deposit or escrow account, or a lien or mortgage on land subject to the applicable certificate or certificates of occupancy.

Agreements entered into pursuant to this section must be approved by the Orlando City Council before any building permit is issued for the respective residential development. The agreement may provide for execution by mortgagees, lienholders, or contract purchasers in addition to the applicant, and may permit any party to record the agreement in the official records of Orange County. The Orlando City Council may approve an agreement pursuant to this section only if finds that the agreement will fairly apportion the costs associated with providing new parks and recreation facilities consistent with Florida law relating to impact fees. Recognizing the extraordinary staff time involved with reviewing a proposed alternative impact fee study and agreement, Council may, by resolution, establish an appropriate fee for the submission of studies pursuant to this section.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205)

Sec. 56.40. - Application of Rates.

The impact fee imposed by section 56.35 of this ordinance applies only to residential or Hotel/Motel & Resort land use development receiving a building permit on or after December 8, 2024, except that residential or Hotel/Motel & Resort land use development having received a building permit for foundation work only is hereby made exempt from the impact fee increase even if a building permit for vertical work is issued on or after December 8, 2024.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 9, 9-9-2024, Doc. #2409091201)

Sec. 56.41. - Use of Funds.

(a)

Impact fee funds may be used only for park or recreation amenities and facilities improvements. Park improvements do not include operating costs associated with parks and recreation facilities and does not include routine maintenance of parks and recreation facilities, but may include the enlargement or substantial renovation or improvement of a park or recreation facility if such enlargement or substantial renovation or improvement substantially improves the service capacity of the park or facility. Impact fee funds may be used for park, recreation or facility amenities that draw users from the broader Orlando limits due to specialty uses (skate parks, ballfields, pump tracks, etc.) frequent large events intended to attract large crowds (festivals, sporting event, concerts, etc.) or other factors such as unique features and amenities as well as costs associated with the planning, design, permitting, acquisition, purchase, expansion, or construction of park improvements.

(b)

Funds withdrawn from the three parks impact fee funds may be used only for park improvements within the parks benefit area that corresponds with the respective impact fee fund, except that park improvements to a regional park may be funded in part, or in whole, by impact fee funds derived from any one or more of the three parks impact fee funds without regard for the location of the regional park.

(c)

Parks impact fee funds are to be used only on properties the City of Orlando owns or has total long-term control over through a lease, agreement, or other instruments.

(d)

City of Orlando shall be entitled to retain an amount of $150,000 or three percent (3%) whichever is greater, of the aggregate of annual, collected impact fees. The retained funds shall be utilized to off-set the actual administrative costs associated with the collection and use of said funds that year pursuant to this ordinance.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 10, 9-9-2024, Doc. #2409091201)

Sec. 56.42. - Return of Funds.

Impact fees collected pursuant to this ordinance shall be returned to the then-present owner of a residential or hotel/motel or resort land use development if the respective impact fee funds have not been spent, revoked or encumbered within ten years of being paid or if the respective residential or hotel/motel or resort land use development was abandoned after the fee was paid but before a certificate of occupancy was issued for the respective development, if:

(a)

The then-present owner petitions the director for the refund within one year of the end of the ten-year term (during which the impact fees were not spent of encumbered) or of abandonment of the development.

(b)

The petition contains:

A notarized sworn statement that the petitioner is the current owner of the property; and

A copy of the dated receipt issued by the city for payment of the impact fee; and

A certified copy of the latest recorded deed for the applicable property; and

A copy of the most recent ad valorem tax bill for the applicable property.

The director shall render a written decision on the petition within 60 days of receiving the petition. For purposes of determining whether impact fees have been spent or encumbered, the first money place in an impact fee fund shall be deemed to be the first money withdrawn from that account when withdrawals have been made pursuant to section 56.42 of this ordinance. Funds returned to a petitioner shall be returned with the actual interest earned while deposited in the impact fee fund. The City shall not pay interest on any funds paid under protest and subsequently refunded, unless the city has earned interest on such funds.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 11, 9-9-2024, Doc. #2409091201)

Sec. 56.43. - Periodic Review.

The parks impact fee must be reviewed by the Orlando City Council at least every four years. The review should consider changes to the inventory of parks and recreation facilities, the then-proposed parks capital improvements plan, service delivery, the unit costs of providing new parks and recreation facilities, population growth, trends in park and recreation facility use, and such other information useful to ensuring that the impact fee is fair and appropriate. The purpose of the review is to revise, if necessary, the parks impact fee charged to new development to ensure it will not exceed its pro rata share for the reasonably anticipated expansion costs of capital improvements for parks and recreation facilities necessitated by the new residential or Hotel/Motel & Resort land use development.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205; Ord. No. 2024-32, § 12, 9-9-2024, Doc. #2409091201)

Sec. 56.44. - Appeals.

This ordinance shall be implemented by the director. In cases of uncertainty, or where the application of this ordinance to any particular person requires an interpretation of this ordinance (or an interpretation of any plan, study, or other document on which this ordinance relies), the director shall be responsible for such interpretation. Upon written request of an applicant, the director shall render a written determination on any question of implementation or interpretation. Applicants may appeal written determinations of the director to the city's chief administrative officer. A notice of appeal must be filed with the chief administrative officer within 15 days of the director's determination. The chief administrative officer shall hold a hearing on the appeal within 20 days of the notice of appeal and he or she may consider any probative evidence provided by the applicant or the director. The chief administrative officer should give substantial deference to the determinations of the director and shall render a final decision within 15 days of the hearing. The decision of the chief administrative officer is hereby made the city's final agency action on the applicant's request for a determination.

(Ord. No. 2016-65, § 1, 9-15-2016, Doc. #1609151205)

Sec. 55.113. - Impoundment fees. Chapter 57 - DISCRIMINATION