§ 56.02. Intent and Purpose.  


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  • A.

    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.

    B.

    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.

    C.

    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.

    D.

    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.

    E.

    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 September 1, 2017, 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.

    E.

    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 July 25, 2012, 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)