(A) General.
(1) The impact fee shall be computed by the use of an individual traffic impact analysis of land development activity generating traffic on the major road network system, if:
(a) The type of land development being commenced is not one of those types listed on the impact fee scheduled in § 171.29(C); or
(b) The feepayer chooses to have the amount of the impact fee determined by the use of an individual traffic impact analysis; or
(c) The city's analysis concludes that the proposed development is likely to generate impacts costing more to remediate than the amount of the impact fee established by the impact fee schedule.
(2) The developer shall be responsible to prepare the individual traffic impact analysis if the developer chooses to conduct the analysis. The city shall prepare the individual traffic impact analysis if the proposed development is interpreted not to be one listed in the impact fee schedule or if the analysis of the proposed development concludes that it is likely to generate impacts costing substantially more than the amount of the impact fee established by the impact fee schedule. The person who prepares such analysis shall be a qualified professional in the preparation of impact analysis and shall be approved by the City Manager or his designee on the basis of professional training and experience. If the city is responsible to prepare the individual traffic impact analysis, it may require the developer to prepare it and credit the cost of such preparation against the impact fee. If the city pays such cost, it shall be deducted from the cost of the developer's impact fee.
(B) Procedure for review of application for traffic impact analyses.
(1) The individual traffic impact analysis shall be undertaken through the submission of an application of traffic impact analysis which shall include the following information:
(a) The projected trip generation rates for the proposed land development activity. Trip generation rates shall be assessed on an average daily trip. The trip generation rates shall be based upon either local empirical surveys of trip generation rates for the same or similar land use types or state or national trip generation rate information, if applicable; and
(b) The proposed trip length of the trips generated from the proposed land development activity onto the major road network system. Trip length information shall be based upon local empirical surveys of similar land use types or trip length data compiled by the City Manager or his designee for average trip length for similar land use types; and
(c) The proposed percentage of new trips on the major road network system which are generated by the proposed land development activity. The percentage of new trips shall be based upon local empirical surveys of similar land use types or state or national percentage of new trips information if applicable or other reliable percentage of new trips information acceptable to the City Manager, if applicable; and
(d) An assessment of the capital expansion of the major road network system necessitated by the proposed land development activity if it is to be maintained at level of service C on an average annual basis. Practices and methodological procedures generally accepted in the transportation planning and engineering profession acceptable by the City Manager or his designee shall be used to determine the capital expansion of the major road network system necessitated by the proposed land development activity; and
(e) An assessment of the costs for providing the capital expansion necessitated by the proposed land development activity. The cost figures used shall be based upon recent empirical information of the costs in the city for the construction of a lane mile and shall include related right-of-way costs, and the planning, design, and engineering costs for the necessary capital improvements; and
(f) An assessment of the projected gas and license tax revenues or any other revenues that will be derived from the proposed land development activity that can be reasonably determined to be available to pay for new capital improvements to the major road network system over the planning horizon; and
(g) The amount of any shortfall between the projected gas, license tax, any other revenues, and the capital expansion costs for the major road network system necessitated by the new land development activity generating traffic. Any shortfall shall be considered the proposed fair share transportation facilities impact fee for the proposed land development activity.
(2) Within twenty (20) days of receipt of an application of traffic impact analysis or a revised application, the City Manager or his designee shall determine if it is complete. If the City Manager or his designee determines that an application or revised application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the City Manager or his designee shall take no further action on the traffic impact analysis.
(3) When the City Manager or his designee determines the application is complete, within thirty (30) days he shall review it and render a written report indicating whether the fee stated in § 171.29(C) is to be varied to accommodate the activity generated by the proposed development.
(4) If, on the basis of generally accepted principles of traffic engineering, it is determined in the traffic impact analysis that the city's cost to accommodate the proposed land development activity is substantially different than the fee stated in § 171.29(C), the amount of the fair share transportation facilities impact fee shall be varied from that established in the impact fee schedule to an amount consistent with the amount determined in the traffic impact analysis.
(C) Appeal of decision on application of traffic impact analysis. Any developer submitting an application for traffic impact analysis may appeal the City Manager's findings in the report submitted pursuant to division (B)(3) above, by filing a petition together with a thirty dollar ($30.00) filing/ application fee with the City Council within thirty (30) days of the decision by the City Manager. In reviewing the City Manager's findings, the City Council shall, at a public hearing held within sixty (60) days from the date of the application, make written findings of fact and conclusions of law based upon the standards established in division (B) above.
('74 Code, § 15-86) (Ord. 91-10, passed 5-16-91)