§ 35.089 INDIVIDUAL ASSESSMENT OF IMPACT FEES.
   (A)   Any person who initiates development which is required to pay an impact fee but is not listed in the fee schedule in § 35.088 or whose development warrants a new traffic signal control not included in division (B) below shall apply for a determination of an individual impact fee assessment for the proposed development. Also, any person who believes that the actual traffic generation and water and sewer demand from a proposed project will be less than the projected traffic and water and sewer demand on which the fee schedule was based, may apply for a determination of an individual impact fee assessment for the proposed development. The individual impact fee assessment shall be calculated according to the following formula:
 
Use District 1 - I-71 and S.R. 97
Road Fee = $36.00/trip X Average Weekday Trips + C x (Signal Cost) - Road Credit
Water Fee = $3.50/gpd X Average Daily Demand - Water Credit
 
where:
 
Average Daily Demand
=
The average of the total amount of water used by a particular amount of land use per 24-hour day during a one-year period. For purposes of this subchapter the average daily demand of water may be assumed to equal the amount of sanitary sewer discharged from a development except as otherwise stated herein
Average Weekday Trip
=
The average number of vehicle trips generated by a particular amount of land use per 24-hour day, excluding Saturdays, Sundays, and holidays
C
=
Proportionate share cost factor for traffic signal(s) according to Table 2
Signal Cost
=
Actual or estimated cost to install, modify, or improve traffic signal(s) directly affected by the development, including associated turn lanes. Costs to install certain signals are exempt as provided for by division (B) below
Credit
=
Estimated or actual cost of facilities provided by the developer which benefit the general public as provided for by § 35.084
 
   Table 2
Proportionate Share Cost Factor, “C’, For Traffic Signals
Condition
“C” Factor
Description
   Table 2
Proportionate Share Cost Factor, “C’, For Traffic Signals
Condition
“C” Factor
Description
I
1.0
Major development by itself at a “T” intersection to form new signal
II
0.75
Development opposite existing road, no existing signal
III
1.0
Development at existing signal requiring improvements/modifications
IV
0.5
Two developments opposite each other to form new signal
V
Ci
One or more developments impacting existing signal or requiring new signal, where C shall be determined for each development by an approved traffic impact study
 
   (B)   Costs to install signals that are already included in the trip fee shall be exempted from the “signal cost.” Signalized intersections already included in the trip fee are listed below:
 
Impact Fee District
S.R. 97 and Alexander Road
S.R. 97 and Comfort Plaza
S.R. 97 and Kochheiser Road
 
   (C)   Within 15 working days of receipt of an application for an individual impact fee assessment, the Village Administrator shall determine if the application is complete. If the Village Administrator determines the application is not complete, he or she shall send a written statement specifying the deficiencies by mail to the person submitting the application. Until the deficiencies are corrected, the Village Administrator shall take no further action on the application.
   (D)   When the Village Administrator determines the application for an individual impact fee assessment is complete, the Village Administrator shall, within 15 working days, review the application, and if the Village Administrator determines that the traffic information, traffic factors and water demands, or methodology support an individual impact fee assessment that is acceptable and fairly assesses the fair share of cost of improvements needed to serve the proposed development, he or she shall issue a determination of individual impact fee assessment. If the Village Administrator determines the traffic information, traffic factors, and water demands or methodology are not appropriate, the application for individual impact fee assessment shall be denied, and the developer shall pay the fair share impact fee according to the schedule established in this section and § 35.088.
(Ord. 5-97, passed 1-7-1997; Ord. 17-2017, passed 2-21-2017; Ord. 32-2017, passed 6-20-2017)