§ 70-75. Imposition.

(a)

Applicability of fee.

(1)

Any person who makes or causes the making of an improvement to land which will generate additional traffic and which requires the issuance of a building permit, or any person who changes the use of any building to one which will generate additional traffic, shall be required to pay a thoroughfare road impact fee in the manner and amount set forth in this section.

(2)

No person shall undertake construction of an improvement for which the fee imposed by this article is applicable without having paid the proper thoroughfare road impact fee imposed by this article. No person shall change the use or allow a change in use of any building where the fee imposed by this article is applicable without having paid the proper thoroughfare road impact fee imposed by this article.

(b)

Payment of fee required prior to issuance of certificate of occupancy, local business tax receipt or use permit. No county or municipal certificate of occupancy, local business tax receipt or use permit for which a complete application is submitted after May 1, 1986, for any activity requiring payment of an impact fee pursuant to this article shall be issued unless and until the thoroughfare road impact fee required by this article has been paid. The obligation of a person to pay the fee imposed by this article shall not be extinguished by the inadvertent failure of the county to collect the fee at the time required.

(c)

Methods of determination. The thoroughfare road impact fee for any development activity generating traffic in the county shall be determined either by using the method set forth in subsection (1) of this subsection (c) or by using the fee schedule set forth in subsection (3) of this subsection (c).

(1)

Independent calculation. Any person may determine their thoroughfare road impact fee by providing an independent traffic documentation that their impact on the thoroughfare system is less than the thoroughfare road impact fee as determined under subsection (3) of this subsection (c). The documentation submitted shall show the basis upon which the thoroughfare road impact fee has been calculated, which shall conform to the following factors:

a.

The trip generation rate, trip length and the percent of new trips shall be documented together. In no event shall they be documented separately. All other variables in the thoroughfare road impact fee formula cannot be altered, but shall be based upon data current at the time this fee shall be due. Petitioners requesting to undertake an independent calculation may substitute the trip generation rate and the percent of new trips and trip length in the thoroughfare road impact fee formula with data obtained from approved traffic surveys and actual traffic counts generated by approved traffic study sites. The thoroughfare road impact fee formula is identified and explained in subsection (2) of this subsection (c).

b.

The unit of measure used for trip generation in the independent calculation must be identical to the one used in the thoroughfare road impact fee formula, in order to measure accurately the project's impact on the thoroughfare system.

c.

If a single business or shopping center is studied, at least two sites within Volusia County must be tested. The results of each site must be added together and averaged to obtain an alternative trip generation rate, trip length and percent of new trips. The results can be substituted in the thoroughfare road impact fee formula. If the study results indicate a lower fee, the charges will be adjusted accordingly.

d.

If no suitable alternative site is available as determined by the county staff, the applicant may pay the thoroughfare road impact fee, and employ a licensed engineer to conduct a traffic study on the project site within six months after the enterprise is open for business. The traffic study timeframe and monitoring points must be approved by the county staff. Only the trip generation rate, trip length and the percent of new trips can be used in the analysis. Once the results of each sampling point are added together and averaged they may be substituted in the thoroughfare road impact fee formula. The results will be used to determine an appropriate impact fee. If the traffic study results indicate a lower fee and accepted by the county staff, the difference will be refunded to the applicant. All refunds are subject to section 70-78.

e.

This documentation shall be prepared and presented by licensed engineers. Specific actions are described in the Guidelines for Alternative Thoroughfare Road Impact Study. The applicant will review the guidelines prior to contacting Growth and Resource Management to obtain approval for the process and obtain a list of the documentation required, which may include but is not limited to: site plans, the number of manual or automated counts, number of personal surveys, the questionnaire format, location of the sampling stations and the layout of the study sites.

(2)

Thoroughfare impact fee formula. The following formula shall be used to determine the impact fee per unit of development:

Road Impact Fee

=

(½) × (TGR) × (%NT) × (DF) × (ATL) × (CC/LM) _____ Weighted Capacity of 1 Lane Mile

-

(Credits)

 

Where:

TGR	=	Trip Generation Rate	=	Number of trips generated based upon land use and Trip Generation per Volusia County Roadway Impact Fee Update Technical Memorandum dated September 25, 2003.
%NT	=	Percent of New Trips	=	Percent of trips generated by the Land Development Activity considered to be new trips on the roadway.
DF	=	Distribution Factor	=	Percent of trips utilizing the county's thoroughfare system = 70.3%, (excluding vehicle miles of travel (VMT) on Interstates.)
ATL	=	Average Trip Length	=	Based upon the land use activity, (excluding local roads.)
CC/LM	=	Construction Cost per Lane Mile	=	1,678,362 Construction costs per lane-mile shall be computed using an average cost per lane-mile derived from the data provided in Volusia County Roadway Impact Fee Update Technical Memorandum dated September 25, 2003.
		Weighted Capacity of 1 Lane Mile	=	10,232 vehicles per day on the thoroughfare road system.
		Credits	=	Value per unit of development for non-site-related improvements entitled to credits under the provisions of section 70-79(b)(2), made to the county's thoroughfare system by or on behalf of the development in question; credits shall also include an amount estimated to include the present value of future payments of gas taxes, motor fuel taxes, and other county taxes utilized to fund capacity expansion of the county's thoroughfare system. Per-unit credits shall be calculated assuming maximum development authorized for the particular land use or uses. Also, a one-half mile credit is applied to residential uses.

 

(3)

Fee schedule. The following fee schedule has been prepared based on the formula and data presented in the Duncan Associates study dated October 2018. On March 4, 2021, and every year thereafter, thoroughfare road impact fees will increase based on the percentage of the previous year annual Florida Department of Transportation Producer Price Index for Highway and Street Construction or successor construction cost index no less than 3% and no more than 8%. The total fees will be updated annually and published on the Volusia County official website, volusia.org.

a.

The thoroughfare road impact fee schedule is as follows:

Land Use Type (ITE Code)	Unit	Trip Rate	% New Trips	Trip Length (mile)	Local Adjust. Factor	VMT/Unit	Total Fee
Single Family Detached (210)	Dwelling	9.44	100%	6.62	0.597	18.65	$5,379
Multi Family, Low-Rise (220)	Dwelling	7.32	100%	5.10	0.597	11.14	$3,213
Multi Family, Mid-Rise (222)	Dwelling	4.44	100%	5.10	0.597	6.76	$1,950
Mobile Home/RV Park (240)	Space	5	100%	4.60	0.597	6.87	$1,982
Shopping Center (820)	1,000 sq. ft.	37.74	68%	2.89	0.597	22.14	$6,385
Bank w/Drive-Thru (912)	1,000 sq. ft.	100.02	46%	2.46	0.597	33.79	$9,745
Bank w/o Drive-Thru (911)	1,000 sq. ft.	59.32	46%	2.46	0.597	20.04	$5,779
Quality Restaurant (931)	1,000 sq. ft.	83.84	76%	3.14	0.597	59.72	$17,224
High- Turnover Restaurant (932)	1,000 sq. ft.	112.18	70%	3.17	0.597	74.30	$21,428
Fast Food Restaurant (934)	1,000 sq. ft.	470.94	57%	2.05	0.597	164.26	$47,373
Auto Care (943)	1,000 sq. ft.	16.28	72%	3.62	0.597	12.67	$3,654
New and Used Car Sales (841)	1,000 sq. ft.	27.06	78%	4.60	0.597	28.98	$8,357
Supermarket (850)	1,000 sq. ft.	106.78	56%	2.08	0.597	37.13	$10,708
Convenience Store (853)	1,000 sq. ft.	684.2	27%	1.51	0.597	83.27	$24,015
Super Convenience Store (960)	1,000 sq. ft.	837.58	27%	1.51	0.597	101.93	$29,396
Home Improvement Store (862)	1,000 sq. ft.	30.74	74%	6.27	0.597	42.57	$12,278
Pharmacy w. Drive-Thru (880)	1,000 sq. ft.	90.08	32%	2.08	0.597	17.90	$5,162
Furniture Store (890)	1,000 sq. ft.	6.3	54%	6.09	0.597	6.18	$1,782
Tire Store/Auto Repair (849)	Bay	30.54	68%	2.44	0.597	15.13	$4,363
Quick Lubrication Shop (941)	Bay	40.00	68%	1.97	0.597	15.99	$4,611
Movie Theater (444)	1,000 sq. ft.	78.08	87%	2.22	0.597	45.01	$12,981
Hotel (310)	Room	8.36	66%	6.26	0.597	10.31	$2,974
Motel (320)	Room	3.34	66%	6.26	0.597	4.12	$1,189
General Office (710)	1,000 sq. ft.	9.74	92%	5.15	0.597	13.78	$3,974
Corporate Headquarters Bldg (714)	1,000 sq. ft.	7.94	92%	5.15	0.597	11.23	$3,238
Medical Office (720)	1,000 sq. ft.	34.80	88%	5.55	0.597	50.73	$14,630
Light Industrial (110)	1,000 sq. ft.	4.96	92%	5.15	0.597	7.01	$2,022
Manufacturing (140)	1,000 sq. ft.	3.90	92%	5.15	0.597	5.52	$1,592
Warehouse (150)	1,000 sq. ft.	1.74	92%	5.15	0.597	2.46	$710
Mini-Warehouse (151)	1,000 sq. ft.	2.50	92%	3.10	0.597	2.13	$614
Hospital (610)	1,000 sq. ft.	10.72	89%	2.59	0.597	7.38	$2,128
Church (560)	1,000 sq. ft.	6.94	89%	2.59	0.597	4.78	$1,378
Day Care Center (565)	1,000 sq. ft.	47.62	73%	2.03	0.597	21.06	$6,074
Nursing Home (620)	1,000 sq. ft.	6.64	89%	2.59	0.597	4.57	$1,318
Major Sports Facility	Parking Space	2.10	100%	2.59	0.597	1.62	$468
Public Park (411)	Acre	0.78	90%	2.59	0.597	0.54	$156

 

*The fees in the above schedule will take effect March 4, 2019. From March 4, 2019, through March 3, 2020, the fees collected will be 75% of the rate set forth in the schedule.

b.

In the event the impact fee rate for a particular land use is changed, including the annual indexed increase, subsequent to the issuance of a building permit and before the issuance of a certificate of occupancy, the impact fee will be the amount in effect on the date payment is received.

c.

Credits for right-of-way and for completed and accepted non-site-related improvements, as described in section 70-79(b), will be determined for each application, and will be deducted from the thoroughfare road impact fees listed in the thoroughfare road impact fee schedule at the time thoroughfare road impact fees are to be paid. The value of right-of-way and non-site-related improvements for which credits may be allowed will be determined by the county engineer. Credits created under this subsection must be used within seven years of the final certificate of occupancy for the approved development phase or 20 years of the date the credits are created, whichever is sooner. Credits created prior to January 1, 2000, must be used within seven years from March 4, 2019. The creation date is the date the instruments conveying legal title to the land or improvements given in exchange for the credits are recorded by the clerk of the court. The creation date for credits pursuant to a proportionate fair share payment will be the date of receipt of funds by the county. Credits not used within the time frame set forth in this subsection will expire. Credits granted under an agreement approved by the county council will be governed by the terms of such agreement.

d.

Road construction and right-of-way credits issued by the county can be transferred only within the zone the credit was created. All transfers must be approved by the county's director of growth and resource management or designee.

e.

In the case of an expansion of an existing use on the same lot or an adjoining lot (which may be intersected by an easement or right-of-way) requiring the issuance of a building permit, the impact fee will be based upon the net increase in the impact fee for the new as compared to the previous use. Provided, however, the impact fee will be reduced by 50 percent from the amount of the fee that would otherwise be due and payable for an expansion to an existing use. The county will be guided in this determination by the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent edition).

f.

If a building meets the definition of mixed use building as defined by this chapter, the separate land uses as shown on the approved site plan or building plan will be identified and appropriately charged according to the fee schedule in subsection (3)a. If a building has residential and nonresidential uses, the square footage of the building identified as residential will be charged based on the number of dwelling units, and then, the square footage identified as nonresidential will be charged based on the remaining principle uses.

g.

The thoroughfare road impact fee on a shopping center will be computed using one retail-commercial rate for all stores except for the out-parcels, which will be calculated using the rate for that land use from the thoroughfare road impact fee schedule.

h.

If an affidavit is filed by the owner of real property with the county or municipality certifying that a farm building on a farm is exempt from issuance of a building permit under Florida law, then the building will also be exempt from impact fee charges.

i.

When a floor plan/site plan shows flex office/warehouse use, the assessment will be calculated at the light industrial rate for this land use. The county reserves the right to conduct an independent study during the next ordinance update to review the flex office/warehouse use. When cumulative non-warehouse floor space per building exceeds 35 percent of the total floor space of the building, then the building owner will be required to pay additional road impact fees for that part over the 35 percent converted to other uses based on the road impact fee schedule as set forth in subsection 70-75(c)(3)a.

j.

Thoroughfare road impact fees for private universities and colleges will be based on the number of additional full-time equivalent ("FTE") students that any improvements to the school are designed to accommodate. The fee will be based on 2.38 trips per FTE as indicated by the Institute of Transportation Engineers Trip Generation Manual, Sixty Edition. Individual studies will be utilized to demonstrate the average trip length for each proposed project, if the project results in an increase in the planned FTE student capacity. The college or university president will certify that the project will not increase said FTE's.

k.

If the type of development activity for which a building permit is applied is not specified on the fee schedule set out in this section, the county will use the fee applicable to the most nearly comparable type of land use on the fee schedule. The county will be guided in the selection of a comparable type by the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent editions). If the county determines that there is no comparable type of land use on the fee schedule set out in this section, then the fee will be determined by using traffic generation statistics contained in the report titled "Institute of Transportation Engineers, Trip Generation: An Information Report" (sixth or any subsequent edition), average trip length and percent of new trips based upon the best data available to the county and by applying the formula set forth in subsection (1) of this subsection.

(Ord. No. 86-6, § 104, 6-19-86; Ord. No. 86-11, § I, 8-21-86; Ord. No. 88-9, § I, 5-5-88; Ord. No. 90-2, § I, 6-21-90; Ord. No. 93-7, § I, 3-4-93; Ord. No. 95-35, § VIII, 9-7-95; Ord. No. 96-6, § I, 3-28-96; Ord. No. 99-23, § I, 8-26-99; Ord. No. 99-28, § IV, 11-4-99; Ord. No. 01-18, § 1, 8-2-01; Ord. No. 2003-23, § 1, 12-4-03; Ord. No. 2007-01, § I, 2-1-07; Ord. No. 2011-22, § II, 8-18-11; Ord. No. 2011-29, § I, 12-15-11; Ord. No. 2013-10, § I, 5-2-2013; Ord. No. 2017-14, § I, 6-15-17; Ord. No. 2018-20, § I, 12-4-18)