§ 56.08. Alternative Impact Fee Calculation.

A.

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.

B.

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.

C.

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.

D.

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.

E.

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.

F.

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.

G.

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.

(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 8-30-2010, § 5, Doc. #1008301103; Ord. No. 2012-40, § 1, 10-22-2012, Doc. #1210221201; Ord. No. 2017-73, § 4, 1-8-2018, Doc. #1801081209)