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 Orlando
 Code of Ordinances
 Chapter 56. IMPACT FEES
 Part I. TRANSPORTATION IMPACT FEE

  § 56.11. Credits.  

Latest version.

  • A.

    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, and said credit shall be in an amount equal to:

    (1)

    The cost of non-site related transportation improvements to the major road network within the City of Orlando (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 the City of Orlando (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 City of Orlando, to the extent that such projects reduce the external vehicular trip generation of the land use.

    B.

    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 City of Orlando, 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.

    C.

    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.

    D.

    Any credit issued pursuant to this Section may only be transferred by the holder of said credits to any successor in interest in the specific development site to which the credit pertained or originated

    E.

    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.

    F.

    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.

    G.

    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.

    H.

    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)