HomeMy WebLinkAboutOrdinance_357_09/22/1987u
ORDINANCE N0.
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AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, KNOW
AS THE "FAIR SHARE CONTRIBUTION FOR ROAD IMPROVEMENTS
ORDINANCE"; PROVIDING FOR SHORT TITLE, AUTHORITY,
APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDIN
FOR RULES OF CONSTRUCTION; PROVIDING FOR DEFINITIONS;
PROVIDING FOR FAIR SHARE FEE TO BE IMPOSED UPON NE
CONSTRUCTION; REVIEW; PROVIDING FOR TIME OF PAYMENT;
PROVIDING FOR USE OF FUNDS COLLECTED; PROVIDING FO
TRUST FUND ESTABLISHMENT; PROVIDING FOR EXEMPTIONS AN
CREDITS; PROVIDING FOR LIBERAL CONSTRUCTION, SEVERABILIT
AND PENALTY PROVISIONS; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE O
TEQUESTA, FLORIDA, that:
SECTION I Short Title, Authority and Applicability.
A. This Ordinance shall be known and may be cited a
the "Fair Share Contribution for Road Improvements Ordinance."
B. The Village Council has authority to adopt thi
Ordinance pursuant to Chapter 166, Florida Statutes.
C. This Ordinance shall apply to all of the incorporate
area of the Village of Tequesta.
SECTION II Intent and Purpose.
A. The Village Council has determined that the phenomena
growth rate which the Village is experiencing will necessitat
extensive road network improvements in order to maintain the existin
level of service and quality of life found within the Village o
Tequesta. In order to finance the necessary new capita
improvements, several combined methods of financing will b
necessary; one of which will require new developments to pay
"fair share fee."
B. It is the purpose of this Ordinance to establis
a Villagewide system to assist in raising the funds necessary t
improve the road network system within the Village, so as t
accommodate the increased demand which new development will hav
on the road system. The new users will only be required to pa
the cost of road improvements to the extent that their presenc
necessitates such improvements.
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C. All land development is deemed to create a traffi
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impact and therefore create a demand for increased road capacity.
As a result of this new building construction the. existing ro
network system is being seriously impacted to a point beyond whi
government can finance improvements to these roads.
D. Increasing the capacity of roads in order to mak
.them safe and more efficient is the recognized responsibility of
;government and is in the best interest of the public's health,
safety and welfare.
E. It is in the interest of the public's health, safety,
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welfare and convenience for the Village to regulate land developmen
by requiring the payment of road impact fees as a condition preceden
to the issuance of a building permit for new construction for th
exclusive purpose of improving the road network system impact
within the Village.
F. It is the purpose of this Ordinance to continu
to allow growth within the Village of Tequesta, but to do so i
a manner which requires the new development causing the road impac
problems, to share the financial burden of growth by requiri
the new development to pay its pro rata share for the cost of ro
improvements to the extent that its presence necessitates su
improvements. Thus the existing residents of the Village of Teques
will be afforded some relief from the costs of providing ro
improvements deemed necessary to meet the needs of the n
development.
G. It is not the purpose of this Ordinance to collec
any money from new development in excess of the actual amoun
necessary to offset the impact on the road network system cause
by new development. It is specifically acknowledged that thi
Ordinance has approached the problem of determining the "fair shar
fee" in a conservative and reasonable manner. This Ordinance wil
only partially recoup the governmental expenditures associated
with growth. Established residents will still be required to bear
their appropriate share of the cost of the road network system.
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H. The Technical Data, Findings and Conclusions herei
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are based in part on the following studies and reports:
Gee and Jenson Road Improvement Study for Village o
Tequesta; West Palm Beach Urban Area Transportation Study Pla
Reevaluation, (Year 2000 Study) - May 17, 1979 - by Peat, Marwic
& Mitchell Company; Village of Tequesta Comprehensive Plan; Ge
,and Jepson's study dated September, 1987 regarding Impact Fee
(for Traffic Impact Fair Share Contribution for Road Improvement
(Ordinance.
SECTION III. Rules of Construction.
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For the purpose of administration and enforcement o
this Ordinance, unless otherwise stated in this Ordinance, th
following rules of construction shall apply to the text of thi
Ordinance.
(1) In case of any difference of meaning or implication
between the text of this Ordinance and any caption, illustration,
summary table, or illustrative table, the text shall control.
(2) The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
(3) Words used in the present tense shall include the
future; and words used in the singular number shall include the
plural, and the plural the singular, unless the context clearly
indicates the contrary.
(4) The phrase "used for" includes "arrange for",
"designed for", "maintained for" or "occupied for".
(5) The word "person" includes an individual, a
corporation, a partnership, an incorporated association, or any
other similar entity.
(6) Unless the context clearly indicates the contrary,
where a regulation involves two (2) or more items, conditions,
provisions, or events connected by the conjunction "and", "or"
or "either...or", the conjunction shall be interpreted as follows:
(a) "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
(b) "Or" indicates that the connected items,
conditions, provisions, or events may apply singly or in any
combination.
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(c) "Either...or" indicates that the connected items,
conditions, provisions or events shall apply singly but not in
combination.
(7) The word "includes" shall limit a term to the
specified example, but is intended to extend its meaning to all
other instances or circumstances of like kind or character.
SECTION IV. Definitions.
A. Accessory Building or Structure: A detached,)
subordinate building, the use of which is clearly incidental and
related to that of the principal building or use of the land, and)
which is located on the same lot as that of the principal building
or use.
B. Arterial Road: A road which is a main traffic artery
carrying relatively high traffic volumes for relatively long
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distances. This classification includes all roads which function
above the level of a collector road.
C. Building: Any structure, either temporary or
permanent, having a roof and used or built for the enclosure or
shelter of persons, animals, vehicles, goods, merchandise, equipment,
materials or property of any kind.
D. Building Permit: An official document or certificate
issued by the Village authorizing the construction of any building.
E. Capacity: The maximum number of vehicles for a
given time period which a road can safely and efficiently carry;
• i usually expressed in terms of vehicles per day. For the purposes
of this ordinance the capacity of a road shall be 6000 vehicles
per day per through lane.
F. Collector Road: A road which carries traffic from
local roads to arterial roads. Collector roads have more continuity,
carry higher traffic volumes, and may provide less access than
local roads.
G. Dwelling Unit: A single family house or single
family apartment used for human habitation.
H. External Trip: Any trip which either has its origin
from or its destination to the development site and which impacts
the major road network.
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I. Fair Share Fee; Road Impact Fee; or Fee: The fee
required to be paid in accordance with this Ordinance.
J. Internal Trip: A trip which has both its origir
and destination within the development site.
K. Local Road: A road designed and maintained primarily
to provide access to abutting property. A local road is of limitec
continuity and is not for through traffic.
L. Major Road Network System: All arterial and collector
roads within the Village of Tequesta, including new arterial anc
collector roads necessitated by land development.
M. Planned Development: A land area under unifiec
control designed and planned to be developed in a single operatior.
or by a series of prescheduled development phases according tc
an officially approved final Master Land Use Plan, including Plannec
Unit Developments, Planned Commercial Developments and similar
planned developments.
N. Site Related Improvements: Road construction oz
road improvements at or near development site which are necessary
to interface the development's external trips with the major road
network system or which are necessary to interface the development's
internal trips with the major road network system where a portion
of the major road network system is included within the development.
O. Traffic Impact Analysis: A study prepared by a
',qualified professional engineer, licensed to practice within the
.State of Florida, to determine the vehicular impact of the
(development upon the major road network system. This study includes,
but is not limited to: determination of trip generation; trig
(distribution; traffic assignment; capacity analyses; and,
improvements to the roadway system necessitated by the development,
,such a required new roads, additional laneage and signalization.
P. Trip: A one-way movement of vehicular travel fron
an origin (one trip end) to a destination (the other trip end).
For the purposes of this Ordinance trip shall have the meaning
which it has in commonly accepted traffic engineering practice
and which is substantially the same as that definition in the
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previous sentence.
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Q. Trip Generation: The attraction or production of
trips caused by a given type of land development.
SECTION V. Fair Share Fee to be Imposed on Neti
Construction; Review.
A. It has been determined by the Village Council o
the Village of Tequesta that new development in the Village shoul
be charged a reasonable "Fair Share Fee" to help regulate new lan
development activities effect on roads and related facilities.
B. After the effective date of this Ordinance, th
applicant shall pay a Fair Share Fee in the amount and manne
required by this Ordinance upon commencement of any new lan
development activity generating traffic. The Fair Share Fee shal
be used exclusively within the Village of Tequesta for the exclusiv
purposes set forth in this Ordinance.
C. The Fair Share Fee shall be determined by usin
'the following methods:
1. Independent Calculation. Any person may determine
his Fair Share Fee by providing traffic and economic documentation
~~,that his economic impact on the major road network system is less
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than the Fair Share Fee as determined under subparagraphs C.2,
3, and 4 below. The documentation submitted shall show the basis
upon which the Fair Share Fee has been calculated, including but
not limited to the following factors:
a. Documentation of trip generation rates as appropriate
for the proposed land development activity.
b. Basis for trip distribution and traffic assignment.
c. Estimates of the cost to replace the portion of
the design capacity used by the traffic generated by the proposed
land development activity on each of the affected roads (this cost
shall include consideration of a reasonable inflation rate,
right-of-way costs, plans preparation costs and other costs which
may reasonably be expected for the necessary road improvements.
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d. Tax revenues derived from the proposed land
development activity which can reasonably be projected to be
available for these capacity replacement costs.
e. The amount of any short fall of these projected
revenues when compared to the required capacity replacement cost.
This documentation shall be prepared and presented by qualified
professionals in the respective fields and must be based on studies,
surveys, and reports using standard practices and accepted
methodological procedures. The mathematical assumptions, the
formulas and generation rates used in this Ordinance shall not
be used as a basis without independent documentation.
2. Fair Share Formula(s).
a. The following Fair Share Formula(s) may be used
for those planned developments for which a traffic impact analysis
has been prepared for the purposes of determining the external
trips imposed by the development on the major road network system.
The Official Daily Trip Generation Rate as shown in subparagraph
C.3.a. and b. shall be used as the basis for calculating the total
external trips for a planned development. The Village Engineer
shall review the traffic impact analysis and determine the Fair
Share Fee to be paid in accordance with the formula(s) established
in C.2.b. Any applicant may challenge the Village Engineer's
determination of the fee by filing a petition with the Village
Council to determine the appropriate Fair Share Fee within sixty
(60) days of the determination by the Village Engineer.
b. The cost to construct one (1) lane of roadway
for one (1) mile shall be Three Hundred Seventy Five Thousand Dollars
'i($375,000.00) and the cost to construct one (1) lane of roadway
Ifor three miles shall be One Million One Hundred Twenty Five Thousand
,Dollars ($1,125,000.00).
'Residential:
External trips - 2* X (Cost to construct 1 lane for 3 miles) _
Capacity of 1 lane Fair Share Fee
*Given a 50/50 directional split.
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Non-Residential:
External trips - 2* X (Cost to contruct 1 lane for 1 mile) _
Capacity of 1 lane Fair Share Fee
*
Given a 50/50 directional split.
3. Fee Schedule. The following fee schedule is presented
for those developments for which a traffic impact analysis has
not been prepared. The following fees have b een calculated using
the formula(s) presented in paragraph C.2.b. using accepted trip
generation rates for eac h land use as observed in the Village of
Tequesta or trip generat ion rates based upon acceptable state and
national averages. For the convenience of the public the fees
which are based on trip generation have been converted to a dollar
amount based on dwelling unit, building square footage, bed, parking
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~ ~space, or room depending upon the particular lan d use.
I A. Residential:
~ Official Daily Trip
Type of Development Generation Rate Fee
Single Family House
under 2,000 sq. ft. 10 per dwelling unit $804 per unit
Single Family House
over 2,000 sq. ft. 13 per dwelling unit $1,045
per unit
Multi-family/townhouse
dwelling 7 per dwelling unit $562 per unit
B. Non-Residential:
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Official Daily Trip
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General Office Building
Less than or equal to 18 per 1000 sq. ft. $482 per
100,000 sq. ft. 1000 sq. ft.
100,001-125,000 sq. ft. 16.6 per 100 sq. ft. $445 per
100 sq. ft.
125,001-150,000 sq. ft. 15.2 per 1000 sq. ft. $407 per
1000 sq. ft.
150,001-175,000 sq. ft. 13.8 per 1000 sq. ft. $370 per
1000 sq. ft.
175,001-199,999 sq. ft. 12.4 per 1000 sq. ft. $332 per
1000 sq. ft.
Greater than
200,000 sq. ft.
11 per 1000 sq. ft.
Office Building, Medical 55 per 1000 sq. ft.
Nursing Home
3 per bed
$295 per
1000 sq. ft.
$1,473 per
1000 sq. ft.
$80 per bed
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Warehouse 1000 sq. ft. 5 per 1000 sq. ft. $134 per
100 sq. ft.
Motel (Room) 14 per room $375 per room
General Recreation 3 per parking space $80 per
parking space
General Industrial,
1000 sq. ft. 6 per 1000 sq. ft. $161 per
1000 sq. ft.
General Commercial
(Retail) 100 per 1000 sq. ft. $2,679 per
Less than or equal to 1000 sq. ft.
80, 000 sq. ft.
More than 80,000 sq.ft.
Total Trip Generation=(25. 886)(A-80)+8000
(Where A = Sq.Ft. in 1000' s)
Example s:
100,000 sq.ft. 85.18 per 1000 sq.ft. $2,282 per 1000 sq.ft.
150,000 sq.ft. 65.41 per 1000 sq.ft. $1,752 per 1000 sq.ft.
200,000 sq.ft. 55.53 per 1000 sq.ft. $1,487 per 1000 sq.ft.
300,000 sq.ft. 45.65 per 1000 sq.ft. $1,223 per 1000 sq.ft.
400,000 sq.ft. 40.71 per 1000 sq.ft. $1,090 per 1000 sq.ft.
500,000 sq.ft. 37.74 per 1000 sq.ft. $1,011 per 1000 sq.ft.
1,500,000 sq.ft. 29.84 per 1000 sq. ft. $799 per 1000 sq.ft.
4. Other Land Development Activity: For new land
development activity not electing to proceed under subparagraph
~C.1 above, and where the Village Engineer has determined that the
evelopment is not covered by subparagraphs C.2 and 3. above, the
ppropriate traffic generation rate and thus the fee to be paid
n accordance with this ordinance shall be determined by the Village
ngineer. The Village Engineer shall rely on the best available
raffic generation data and traffic literature, and shall compute
the fee in accordance with C.2. (b). The applicant may challenge
the Village Engineer's determination provided he submits to the
illage Engineer's office a traffic generation statement prepared
a qualified professional Engineer who is licensed to practice
n the State of Florida. If the Village Engineer's office rejects
s proposed generation rate, then the applicant may petition
the Village counsel to determine the appropriate Fair Share Fee
within sixty (60) days of the rejection of the proposed generation
rate by the Village Engineer.
D. Review. The amount of the Fair Share Fee shall
first be reviewed by the Village Council subsequent to January
1988. Thereafter the amount of the Fair Share Fee shall be reviewed
annually. The review shall consider trip generation rates and
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actual construction costs for work contracted for by the Village)
and the Florida Department of Transportation within the Village.)
The purpose of this review is to analyze the effects of inflation
on the actual costs of roadway construction and to insure that'
the fees charged the newcomer will not exceed their pro rata share
for the reasonably anticipated costs of road improvements
necessitated solely by their presence.
SECTION VI. Time of Payment.
A. The Fair Share Fee for new construction shall be
due and payable at the time of issuance of a building permit. All
funds collected shall be properly identified and promptly transferred
for deposit in a trust fund to be held in a separate account from
other funds of the Village and used solely for the purpose as
established by this Ordinance.
SECTION VII. Use of Funds Collected.
A. The funds collected by reason of the establishment
of a road impact fee in accordance with this Ordinance shall be
used solely for the purpose of construction or improving roads,
streets, highways, and bridges on the major road network system,
including but not limited to:
1. design and construction plan preparation,
2. right of way acquisition,
~ 3. construction of new through lanes,
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j 4. construction of new turn lanes,
~ 5. construction of new bridges,
6. construction of new drainage facilities in
conjunction with new roadway construction,
7. purchase and installation of traffic signalization,
8. construction of new curbs, medians and shoulders,
and
9. relocating utilities to accommodate new roadway
construction.
All funds shall be used exclusively within the Village of Tequesta
road network system. Said funds shall not be used to maintain
the existing major road network system.
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SECTION VIII. Trust Fund Established.
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A. There is hereby established a separate trust fund
for purposes of depositing the fair share contribution fee.
B. Funds may be withdrawn from this fund for a used
solely in accord with the provisions of this Ordinance; provided
that the disbursal of such funds shall require the approval of
the Village Council after recommendation by the Village Engineer.
C. Any funds on deposit not immediately necessary for
xpenditure shall be invested in interest bearing sources. All
come derived shall be deposited in the applicable trust account.
D. The fees collected pursuant to this Ordinance may
returned to the then present owner if the fees have not been
spent (encumbered) by the end of the calendar quarter immediately
Following six (6) years from the date the fees were paid. Refunds
shall be made in accordance with the following procedure:
1. The present owner must petition the Village Council
Eor the refund within one (1) year following the end of the sixth
(6th) year from the date on which the fee was paid.
2. The petition must be submitted to the Village 'I
gineer and must contain:
a. a notarized sworn statement that the petitioner
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's the current owner of the property;
b. a copy of the dated receipt issued for payment
f the fee;
c. A certified copy of the latest recorded deed;li
nd,
d. a copy of the most recent ad valorem tax bill. ',
3. Within three (3) months from the date of receipt',
f a petition for refund the Village Engineer will advise the
etitioner and the Village Council of the status of the fee requested
or refund. For the purpose of this section, fees collected shall
e deemed to be spent (encumbered) on the basis of the first fee
n shall be the first fee out. In other words, the first money
placed in a trust fund account shall be the first money taken out
of that account when withdrawals have been made in accordance with
subparagraph B. above.
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4. When the money requested is still in the trust
fund account and has not been spent (encumbered) by the end of
the calendar quarter immediately following six (6) years from the
date the fees were paid, the money shall be returned with interest
at the rate of six percent (6~) per annum.
E. The fees collected pursuant to this Ordinance may
be returned to the present owner if the building permit is cancelled
due to noncommencement of construction. Refunds may be made in
accordance with Section VIII, D, 2, and VIII, D, 3, provided the
then present owner petitions the Village Council for the refund
within three (3) months from the cancellation date of the building
permit.
SECTION IX. Exemption and Credits.
A. The following shall be exempted from payment of
the Fair Share Fee:
1. Alterations or expansion of an existing dwelling
unit where no additional units are created.
2. The construction of accessory buildings or
structures which will not increase the traffic counts associated
with the principal building or of the land.
3. The replacement of a destroyed or partially
destroyed building or structure with a new building or structure
of the same size and use.
4. The construction of publicly-owned governmental
building.
B. Credits:
1. In lieu of paying the Fair Share Fee, the developer
may elect to construct part of a major road network system whicl
is in addition to his site related improvements. The developer
shall submit the proposed construction which he intends to do alonc
with a certified cost estimate to the Village Engineer. The VillagE
Engineer shall determine if the proposed construction is a~
appropriate substitute for the road impact fee and the amount o:
credit to be given and the timetable for completion.
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2. Where a proposed major network road runs throug
a development and where the developer is only required to construc
two (2) lanes of the roadway, the developer may elect, upo
submission of a certified cost estimate and approval of the Villag
Engineer, to construct more than two (2) lanes and receive credi
to the extent of the additional lanes constructed.
3. The developer may challenge any determinati
made by the Village Engineer pursuant to subparagraphs B.l an
2. above by filing a petition with the Village Council.
Provisions.
A. The provisions of this Ordinance shall be liberall
construed to effectively carry out its purposes in the interes
of public health, safety, welfare and convenience.
B. If any section, phrase, sentence or portion of thi
Ordinance is for any reason held invalid or unconsitutional b
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions thereof.
C. Any building permit used for construction as covered
by this Ordinance but without payment of the fee as required by
this Ordinance shall be void.
D. A violation of this Ordinance shall be a misdemeanor
punishable according to law; however, in addition to or in lieu
of any criminal prosecution the Village of Tequesta or any individual
paying the Fair Share Fee shall have the power to sue in civil
court to enforce the provisions of this Ordinance.
SECTION XI Codification.
This Ordinance shall be codified and made a part of
the official Code of Ordinances of the Village of Tequesta.
SECTION XII Effective Date.
This Ordinance shall take effect immediately upon its
ssage and approval, as provided by the law.
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THE FOREGOING ORDINANCE was offered
who moved its adoption.
seconded by Councilmember
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j~put to a vote, the vote was as follows:
FOR ADOPTION
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AGAINST ADOPTION
by Councilmember
The Ordinance was
and upon being
The Mayor thereupon declared the Ordinance duly passed anc
adopted this __ day of 1987.
ATTEST:
LLAGE CLERK
MAYOR OF TEQUESTA
CARLTON D. STODDARD
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A. Residential•
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Type of Land Official Daily Trip ~
Development Activity Generation Rate Fee
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Single Family Under
2000 sq. ft.
Single Family Over
2000 sq. ft.
Multi-Family
Condominium-Retirement
Mobile Home
B. Non-Residential:
Type of Land
Development Activity
10 per dwelling unit $ 804 per unit
13 per dwelling unit 1,045 per unit
7 per dwelling unit
4 per dwelling unit
5 per dwelling unit
Official Daily Trip
Generation Rate
562 per unit
321 per unit
402 per unit
Fee
General Office: 18 per 1000 sq. ft. $ 482 per
Less than or=to 100,000 sq. ft. 1000 sq. ft.
100,001-125,000 sq. ft. 16.6 per 1000 sq.ft. 445 per
1000 sq. ft.
125,001-150,000 sq. ft. 15.2 per 1000 sq. ft. 407 per
1000 sq. ft.
150,001-175,000 sq. ft. 13.8 per 1000 sq. ft. 370 per
1000 sq. ft.
175,001-199,999 sq, ft. 12.4 per 1000 sq. ft. 332 per
1000 sq. ft.
Greater than 200,000 sq.ft. 11 per 1000 sq. ft. 295 per
1000 sq. ft.
Office Building, Medical 55 per 1000 sq. ft. 1,473 per
1000 sq. ft.
Hospital 15 per bed 402 per bed
Nursing Home 3 per bed 80 per bed
Warehouse 1000 sq. ft. 5 per 1000 sq. ft. 134 per
1000 sq. ft.
Motel(Room) 14 per room 375 per room
General Recreation 3 per parking space 80 per
parking space
General Industrial-1000sq.ft. 6 per 1000 sq. ft. 161 per
General Recreation
General Commercial
(Retail)Less than
or =to 80,000 sq.ft.
1000 sq. ft.
3 per parking space 80 per
parking space
100 per 1000 sq. ft. 2,679 per
1000 sq. ft.
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More than 80,000 sq. ft.
Total Trip Generation=(25.886)(A-80)+8000
(Where A= Sq. Ft. in 1000's)
Examples:
100,000 sq. ft. 85
.18 per 1000 sq .ft. $2,282 per 1000 sq. ft.
150,000 sq. ft. _
65.41 per 1000 sq .ft. $1,752 per 1000 sq. ft.
200,000 sq. ft. 55.53 per 1000 sq .ft. $1,487 per 1000 sq. ft.
300,000 sq. ft. 45.65 per 1000 sq .ft. $1,223 per 1000 sq. ft.
400,000 sq. ft. 40.71 per 1000 sq .ft. $1,090 per 1000 sq. ft.
500,000 sq. ft. 37.74 per 1000 sq .ft. $1,011 per 1000 sq. ft.
1,500,OOOsq .ft. 29.84 per 1000 sq .ft. $ 799 per 1000 sq. ft.
4. Other Developments. For developments not electing to
proceed under subparagraph C.1. above, and where the Village
Engineer has determined that the development is not covered by
subparagraph C.2. and 3. above, the appropriate traffic
genration rate and thus the fee to be paid in accordance with
this Ordinance shall be determined by the Village Engineer. The
applicant may challenge the Village Engineer's determination
provided he submits to the Village Engineer's Office a traffic
generation statement prepared by a qualified Professional
Engineer who is licensed