913.01 Title.
913.02 Purpose and authority.
913.03 Definitions.
913.04 Interpretation.
913.05 Development required to pay road impact fee.
913.06 Site impact analysis.
913.07 Payment of the road impact fee.
913.08 Recapture and other agreements authorized.
913.09 Road impact fee schedule.
913.10 Individual assessment of road impacts.
913.11 Credits.
913.12 Establishment of road impact fee use districts.
913.13 Use of funds collected.
913.14 Refunds.
913.15 Formula factors to be re-assessed every two years.
CROSS REFERENCES
Streets generally - see S.U. & P.S. Ch. 909
Subdivision design standards - see P. & Z. 1117.04(a)
(a) Council recognizes that new growth and development in the City requires that the capacity of the Municipal road system be expanded and that in the absence of a funded program of roadway improvements, new growth and development would have to be restricted in order to avoid undue congestion of the roads of the City and to protect the health, safety and welfare of the citizens of the City.
(b) The purpose of the chapter is to ensure that new growth and development mitigates the impact of new growth and development on the quality of life in the City of Ontario by paying a fair share of the costs of road improvements needed to serve new growth and development thereby ensuring that needed roads will be constructed.
(c) All fair share impact fees collected pursuant to this chapter shall be used for the construction of road improvements that benefit and serve new growth and development.
(d) The City has the authority to implement a fair share road impact fee program under the Ohio Constitution’s home rule provisions, Ohio Const. Art. XVIII, and subdivision regulations, Ohio R.C. Ch. 711 et seq.
(Ord. 07-07. Passed 2-7-07.)
(Ord. 07-07. Passed 2-7-07.)
(a) “Average daily trips” (ADT) means the number of vehicle trips generated by a particular amount of land use per twenty-four hour day.
(b) “Developer” means a person, corporation, organization, or other legal entity undertaking development.
(c) “Development” means any construction or expansion of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land use that will generate new or additional traffic in terms of average daily trips, peak hour trips or longer trip lengths.
(d) “Encumbered” means legally obligated or otherwise committed to use by appropriation or contract.
(e) “Fair share” means that share, or portion of the cost of road improvements which is reasonably attributable to or needed to serve a particular development.
(f) “Fee payer” means a person undertaking development who pays a fair share road impact fee in accordance with the terms of this chapter.
(g) “Impact Fee Review Board” A board composed of the Law Director, Auditor, Service/Safety Director, and City Engineer.
(h) “Level of service” is a measure of roadway capacity in terms of traffic flow, in which operating speeds are assessed, and in which changes in operating conditions, fluctuations in volume, and temporary restrictions to flow are evaluated.
(i) “Level of Service D” is a measure of roadway capacity in terms of traffic flow which describes a condition approaching unstable traffic flow. Tolerable operating speeds are maintained, although considerably affected by changes in operating conditions. Fluctuations in volume and temporary restrictions to flow may cause substantial drops in operating speeds. Drivers have little freedom to maneuver, and comfort and convenience are low, but conditions can be tolerated for short periods of time. Level of Service D is generally calculated as a volume to capacity ratio of eighty percent (80%).
(j) “Non-commencement” means the cancellation or abandonment of authorized development and the expiration or forfeiture of development approval.
(k) “Off-site improvement” means roadway facilities that are planned and designed to provide traffic service to the general public in contrast to “on-site” improvements, which are necessary to provide safe and or efficient access to a particular development. The fact that either type of improvement may have incidental benefits of special or general character shall not be considered in determining which improvements are on or off-site. The character of the improvement shall control a determination of whether an improvement is on or off-site, and the physical location of the improvement on or off-site shall not be considered determinative.
(l) “Peak hour” (PH) means the period from 7:00 and 9:00 a.m. and 4:00 and 6:00 p.m., Peak Hour Volume (PHV) is the hourly volume during the maximum volume hour of the day.
(m) “Person” means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having joint or common interest, or any other legal entity.
(n) “Road capacity” means the maximum of vehicles which have a reasonable expectation of passing over a given section of a lane or a roadway in one direction, or in both directions for a two-lane, three-lane, or four-lane highway, during a given time period under prevailing traffic conditions at an identified level of service.
(o) “Road impact fee use district” means those areas designated as improvement benefit districts in Section 913.11 in which collected fair share impact fees must be expended.
(p) “Road impact fee” means the fair share regulatory fee imposed upon new growth and development by this chapter. w(Ord. 07-07. Passed 2-7-07.)
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