(A) If any person believes that his or her proposed construction is unique in the traffic impacts that it will generate, such person may request that the Town perform an individual assessment of the traffic impacts of the proposed construction. Such person shall pay to the Town, in escrow, a sufficient fee to pay the cost of obtaining such assessment from a professional engineer selected and hired by the Town. The Town shall then obtain the services of the professional engineer to perform the assessment, paying the engineer from the escrow account and remitting the balance, if any, to the person requesting the assessment. The Zoning Board of Adjustment shall, at a quasi-judicial public hearing, consider the request of the applicant to pay the transportation development fee based on the individual assessment. The Town shall assess the transportation development fee based on the individual assessment if the Board finds that:
(1) The proposed construction is in fact so unique that the application of the TDF Schedule adopted by the Town would result in the collection of a fee that is not proportionate to the traffic impact of the proposed construction; and
(2) There is a difference between the fees computed under the TDF Schedule and the fees computed in accordance with the individual assessment of at least five thousand dollars ($5,000.00) or five (5) percent of the total fees, whichever amount is greater.
(B) The professional engineer to perform each individual assessment shall be selected by the Transportation and Facilities Director from a list of qualified engineers maintained by the Town. The list shall contain the names of at least three (3) engineers or engineering firms, and shall be updated regularly. The Zoning Board of Adjustment reserves the right to dispute the assumptions, methodology, or conclusions of individual assessments. An individual assessment may take into consideration such factors as internal capture of trips in mixed use projects and higher rates of pass by trips than indicated by ITE if supported by reliable local data.
(C) Transportation development fees computed under this section shall be computed in dollars per dwelling unit (for residential uses) or typically dollars per one thousand (1,000) square feet of non-residential floor area (for non-residential uses), using the following consumption based system formula(e):
TRANSPORTATION DEVELOPMENT FEE FORMULA
FEE | = | VMT x NET COST/VMT |
VMT | = | TRIPS x % NEW x LENGTH ÷ 2 |
NET COST/VMT | =
| COST/VMT - CREDIT/VMT |
COST/VMT | = | COST/VMC x VMC/VMT x TDF SHARE
|
CREDIT/VMT | = | Revenue credit per VMT |
Where:
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TRIPS | = | Trip ends during the evening peak-hour on a weekday |
% NEW | = | Percent of trips that are primary, as opposed to pass-by or diverted-link trips |
LENGTH | = | Average length of a trip on the major roadway system |
÷ 2 | = | Avoids double-counting trips for origin and destination |
COST/VMC
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=
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Average cost to add a new peak hour vehicle-mile of capacity
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VMC/VMT
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=
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System-wide ratio of vehicle-miles of capacity to vehicle-miles of travel on major roadway system (assumed 1:1)
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TDF SHARE
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=
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% of cost not covered by developer frontage improvement requirements
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