§ 19-1009. Imposition of transportation impact fees.

(a)

Declaration of Service Area and Level of Service.

(1)

The service area for transportation facilities with respect to which transportation impact fees are assessed under this section 19-1009 is hereby declared to be all of the territory included within the corporate limits of the city.

(2)

The level of service for transportation facilities is hereby declared to be equal to a VMT/VMC ratio of three-fourths (0.75) for the major road network system.

(b)

Applicability of Fee.

(1)

Any person who after the effective date engages in development within the service area identified in subsection 19-1009(a) hereof shall pay a transportation impact fee in the manner and in the amount set forth in this chapter.

(2)

No building permit for any development requiring payment of a transportation impact fee pursuant to this chapter shall be issued by the city unless and until the transportation impact fee has been paid.

(c)

Calculation: Transportation Impact Fee Schedule.

(1)

Fee formula. Transportation impact fees set forth in the schedule provided in paragraph (2) below have been calculated using the following formula:

Formulate to Calculate Net Impact Cost per Unit of Development:

Net impact cost	=	Local impact cost - Property tax credit
Local impact cost	=	Travel demand × Local impact cost/VMT
Travel demand	=	1-way PM peak hour trips × New trips factor × trip length
Local impact cost/VMT	=	Total Impact cost/VMT × local share cost
Total impact cost/VMT	=	Capital cost/VMC divided by VMT/VMC ratio
Property tax credit	=	Market value × property tax credit rate

 

Where:

Capital cost/VMC is the average capital cost to construct an additional vehicle-mile of capacity at LOS D; it has been calculated to be $1,495.

VMT/VMC ratio is the adopted level of service, defined as the system-wide ratio of vehicle-miles of travel to vehicle-miles of capacity; the adopted ratio is three-fourths (0.75).

Local share cost is the share of anticipated local funding to finance roadway system improvement in the 15-year capital improvement program; calculated to be 57.9 percent.

The terms used in this paragraph (1) are further described in the impact fee study.

(2)

Transportation impact fee schedule. Unless an independent fee determination is requested in accordance with section 19-1012, the transportation impact fee shall be determined by the schedule attached hereto as Attachment 1A, "Transportation impact fee schedule," which by this reference is incorporated herein:

a.

The fee shown in Attachment 1A, "Transportation impact fee schedule," shall be reduced by 50 percent to reflect increased transit usage and reduced travel demand in the vicinity of MARTA stations. This fee reduction shall apply only to projects within 1,000 feet of a MARTA station, measured from property line to property line along a legal and practical pedestrian route.

b.

References in the transportation impact fee schedule to square feet refer to gross floor area, as defined herein.

c.

If a building permit is requested for a building with mixed land use types, the transportation impact fee shall be determined according to the transportation impact fee schedule by apportioning the gross floor area committed to each land use type specified in the schedule.

d.

If the type of development for which a building permit is applied is not specified in the fee schedule, the director shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. If the director determines that there is no comparable type of land use on the fee schedule, the director shall use the formula set forth in subsection 19-1009(c)(1) above and appropriate travel demand factors (average daily trips, one-way, average trip length and new trips factors) derived from the Institute of Transportation engineers trip generation manual, reports appearing in the Institute of Transportation Engineers Journal, or other reliable sources.

e.

If the transportation impact fee has been calculated and paid based on error or misrepresentation, it shall be recalculated. If the original calculation resulted in a fee that was too high, the difference shall be refunded to the feepayor. If additional development impact fees are owed, no permits of any type shall be issued by the city for the building or use in question, or for any other part of a development project of which the building or use in question is a part, while the fees remain unpaid and the director may bring any action permitted by law or equity to collect unpaid fees, including but not limited to revocation of building permits and/or certificates of occupancy.

(Code 1977, § 19-1009)