§ 70-99. Calculation of Impact Fee.

(a)

The County shall calculate the Impact Fee due by:

(1)

Verifying the number of square feet of Commercial or Industrial Use, by type, and/or the number and type of Dwelling Units which are proposed to be constructed as shown on the Certificate of Occupancy application for the Principal Use;

(2)

Determining the Trip Generation Unit to be applied to the Principal Use;

(3)

Determining the fee per Trip Generation Unit which shall be applied to the Principal Use pursuant to subsection (b) of this section;

(4)

Multiplying the number of trip Generation Units by the applicable fee per Trip Generation Unit.

(b)

Applicable Impact Fee Schedule.

(1)

The following impact fee schedules, incorporated herein by reference as Attachment "A" (2007) adopted by Ordinance No. 2006-085, and Attachment "A" (2011) adopted by Ordinance No. 2011-004 and renamed Attachment "A" (2013) by Ordinance No. 2014-014 are applicable to the land use types listed therein.

(2)

Any expired permit, extended permit, renewed permit or new permit shall be subject to the latest adopted impact fee rate schedule.

(c)

For Principal Uses not listed in Attachment A (Section 70-111) or for which no fee per Trip Generation Unit is listed, the County shall utilize the most similar land use in terms of trip generation characteristics as identified in the ITE Trip Generation Manual, as defined in this article. The Impact Fee Administrator is authorized to make the determination of the appropriate land use category, whether from Attachment A or the ITE Trip Generation Manual, based upon the predominant transportation characteristics of the proposed Principal Use. The Applicant, by filing a petition pursuant to subsection (d) of this section, or the Impact Fee Administrator may elect to undertake and perform a special transportation study for such land use, which shall result in the identification of an appropriate Trip Generation Unit for such land use and the unit fee per Trip Generation Unit. If the study is limited in its applicability solely to the facts of a general Principal Use, due to unique and long term traffic-generating characteristics of the specific Principal Use, the study shall be performed by the Applicant and submitted to the Impact Fee Administrator for its review and approval or disapproval. If the study is generally applicable to a land use type, the study may be performed either by the Applicant, or by the Public Works Business Center, at its discretion. The resultant Trip Generation Unit and unit fee per Trip Generation Unit may be adopted by ordinance as an amendment to Attachment A and thereafter shall be applicable to all Principal Uses within such land use type.

(d)

(1)

At the time of issuance of a building permit, the Impact Fee Administrator shall provide the Applicant with a preliminary determination of the impact fees to be charged to the development of the Principal Use. Following the preliminary determination of the impact fees and at any point prior to or in conjunction with the submission of an application for a Certificate of Occupancy, the Applicant may petition the Impact Fee Administrator for a determination that one or more of the following variables utilized in the Technical Report is inappropriate for the proposed Principal Use: Trip Generation Rate, average trip length, or capture and diversion rates. A local adjustment factor of 1.0 will be used in any special transportation study prepared for a specific Principal Use.

(2)

The data or information used to demonstrate that one or more of the variables used in the applicable Technical Report is inappropriate and used to establish more appropriate data for the proposed Principal Use shall be based upon a standard, recognized source of transportation data of the type appropriate for use in Impact Fee calculations, calibrated for or otherwise determined to be applicable to Sarasota County, or based upon a local transportation study appropriate for use in Impact Fee calculations carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering.

(3)

The petition shall include: identification of the disputed variable(s), a detailed statement asserting the basis for the dispute, the data relied on by the petition, and a detailed statement completed by a qualified professional transportation engineer supporting the use of the revised variable(s) proposed by the petitioner in accordance with the standards set forth in this section.

(4)

Within the ten days after receipt of a petition, the Impact Fee Administrator shall forward the petition and supporting documentation to Public Works for review and recommendation. Following receipt of Public Works recommendations, the Impact Fee Administrator shall, within 60 days following the filing of a complete petition, render a decision to: approve the petition if it is demonstrated that one or more of the variables identified in subsection (d)(1) of this section as used in the Technical Report is inappropriate based upon the standards incorporated in this section, or deny the petition. Upon agreement by the Impact Fee Administrator and the Applicant, the time limits established under this section may be waived. The filing of a petition shall stay action by the County on the application for a Certificate of Occupancy, or other County action related to the development activity, and the payment of the Impact Fee.

(5)

If the Impact Fee Administrator approves the petition, the Impact Fee for the proposed land use shall be recalculated using the revised variable(s) proposed by the petitioner in the Impact Fee calculation methodology as set forth in the Technical Report.

(6)

The Impact Fee Administrator is authorized to approve and implement any actions necessary to put into effect the determination on an administrative petition.

(e)

The Impact Fee due as calculated under this section may be modified pursuant to such measures for mitigation of or exemption from the imposition of Impact Fees as authorized by ordinance adopted in accordance with Section 5(b) of Ordinance No. 89-97, as amended.

(Ord. No. 91-066, § 4, 10-29-1991; Ord. No. 94-069, § 6, 7-26-1994; Ord. No. 96-053, § 4, 7-30-1996; Ord. No. 98-056, § 2(9), 6-30-1998; Ord. No. 98-069, § 4, 9-8-1998; Ord. No. 99-038, § 4, 6-22-1999; Ord. No. 2000-022, § 4, 4-12-2000; Ord. No. 2004-044, § 4, 9-28-2004; Ord. No. 2005-058, § 4, 1-25-2006; Ord. No. 2006-085, § 6, 3-14-2007; Ord. No. 2008-064, § 2, 4-23-2008; Ord. No. 2008-089, § 6, 8-26-2008; Ord. No. 2009-023, § 2, 5-5-2009; Ord. No. 2010-031, § 2, 4-28-2010; Ord. No. 2011-004, §§ 3—5, 1-26-2011; Ord. No. 2013-002, § 2, 1-16-2013; Ord. No. 2014-014, § 6, 2-12-2014)