§ 56.12. Application of Rates.

A.

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.

B.

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.

C.

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.

D.

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.

E.

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.

F.

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. No portion of the Agreement Credits may be transferred to or utilized for other land(s). The City shall establish fees for the application in accordance with applicable law.

G.

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), 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.

H.

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.

I.

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.

J.

Active Permit Status: In conjunction with a permit extension request after 180 days of inactivity, the City shall reassess the applicable transportation impact fees at the rate in effect at the time of the extension request. If during the permit review process for the initial permit, review activity ceases for a period of 180 days, the City shall reassess the transportation impact fee at the rate in effect at the time of permit issuance.

(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)