24-2257 Establishing a Mobility Fee Schedule ORDINANCE NO. 24-2257
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING
CHAPTER 60 OF THE CITY OF LONGWOOD CODE OF ORDINANCES
RETITLING THE CHAPTER"IMPACT AND MOBILITY FEES," CREATING AND
IMPOSING MOBILITY FEES; ADOPTING REGULATIONS, PROCEDURES,
AND REQUIREMENTS RELATED TO THE CITY'S IMPOSITION, COLLECTION,
AND USE OF MOBILITY FEES; PROVIDING FOR CONFLICTS,CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section (1)(g) of the Florida Constitution and Chapter
166, Florida Statutes, the City has broad home rule powers to adopt ordinances to provide for
and operate multimodal transportation systems, including complete streets, complete street
retrofits, curbless shared streets, boardwalks, traffic calming, shared-use paths, multi-use trails,
sidewalks, shared lane markings, bicycle lanes, bicycle boulevards, intersections, trail crossings,
multimodal crossings, micromobility facilities, micro transit facilities, shared mobility services,
plans, studies, programs, and policies, and technology within the City; and
WHEREAS, Section 163.3180(5)(f), Florida Statutes, encourages local governments
(including municipalities such as the City) to develop tools and techniques including adoption of
long-term strategies to facilitate development patterns that support multimodal solutions,
adoption of area wide service standards that are not dependent on any single road segment
function, and establish multimodal service standards that rely primarily on non-vehicular modes
of transportation where existing or planned community design will provide an adequate level of
personal mobility; and
WHEREAS, Section 163.3180(5)(i), Florida Statutes, authorizes local governments to
adopt an alternative mobility funding system; and
WHEREAS, the City has adopted a mobility fee system, based on the multimodal
improvements included in a mobility plan, as an alternative mobility funding system consistent
with Section 163.3180(5)(i), Florida Statutes; and
WHEREAS, the City intends to no longer collect County mobility fees effective upon
adoption of this Ordinance, from new development and redevelopment within the City; and
WHEREAS, the City intends to replace its transportation concurrency exception area
system, with the adopted mobility fee system consistent with the requirements of Section
163.3180(5)(i), Florida Statutes; and
WHEREAS, the adopted mobility fee system focuses on person travel demand, which
includes walking, biking, transit, and motor vehicular trips, generated by new development and
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redevelopment and the resulting impact on multimodal person capacity and accordingly requires
the expenditure of revenue derived under that system to be used on multimodal improvements
and projects identified in an adopted mobility plan that increases multimodal person capacity;
and
WHEREAS,the adopted mobility fee system includes, but is not limited to, considerations
of the impact of person travel demand generated by new development and redevelopment on
multimodal person capacity as well as considerations of the impact of new development on
overall mobility within the City, including unincorporated enclaves, and within incorporated and
unincorporated areas adjacent to the City; and
WHEREAS, the City is experiencing growth and new development, resulting in the need
to add and expand transportation facilities for a variety of modes to meet the growth in the
person travel demands of new development and redevelopment, including adequate and
efficient multimodal facilities along with different personal and shared mobility options; and
WHEREAS, imposition of a mobility fee, requiring future development and growth within
the City to contribute its fair share of the cost of extraordinary growth-necessitated multimodal
transportation system facilities, is necessary and reasonably related to the public health, safety,
and welfare of the people of the City, provided that the mobility fee does not exceed the amount
necessary to offset the demand on multimodal person capacity and facilities generated by new
development and redevelopment; and
WHEREAS,the mobility fees imposed hereby(1)are in compliance with the "dual rational
nexus test" developed under Florida case law, (2) meet the "essential nexus" and "rough
proportionality" requirements established by the United States Supreme Court, in Nollan v.
California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374
(1994), (3) are consistent with the requirements set forth in Section 163.3180, Florida Statutes,
and (4) are consistent with and being imposed in accordance with Section 163.31801, Florida
Statutes; and
WHEREAS, the City Commission has determined that the adopted mobility fee will help
to preserve and enhance the rational nexus between the need for multimodal person travel
demands generated by new development and redevelopment in the City and the mobility fees
imposed on that development based on the multimodal improvements established in the
mobility plan; and
WHEREAS, mobility fees collected will be deposited in mobility fee funds created for the
related mobility fee benefit districts established herein and expended for the purposes set forth
herein; and
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WHEREAS, the City may choose to set aside a percentage of mobility fees collected and
deposited to fund a pro-rata share of improvements to Seminole County roads within the City's
related mobility fee benefit area, and expend them for the purposes set forth herein; and
WHEREAS, the City has adopted the 2045 Mobility Plan dated December 2023 prepared
by NUE Urban Concepts, LLC, that identified the needed mobility projects consisting of
multimodal improvements, programs, and services to meet the demands of new development
and redevelopment and serve as the basis for calculation of the mobility fee; and
WHEREAS,the City has adopted the Mobility Fee Technical Report dated December 2023
prepared by NUE Urban Concepts, LLC, that provides the technical analysis to determine the
mobility fee, based on the mobility projects on City, County, and State right-of-way within and
adjacent to the City identified in the mobility plan, which constitutes a proper factual predicate
for imposition and expenditure of the mobility fees; and
WHEREAS, the City has determined that the mobility plan and mobility fee adopted will
help to preserve and enhance the rational nexus between the extraordinary increase in
multimodal person travel demands generated by new development and redevelopment in the
City, and the mobility fees imposed on that development and redevelopment to fund multimodal
improvements on City, County, and State right-of-way within and adjacent to the City in the
mobility plan to address that demand; and
WHEREAS, the City Commission has noticed, advertised, scheduled, and held public
workshops and hearings in compliance with Florida Statutes with respect to enactment of this
proposed Ordinance; and
WHEREAS, the City Commission has determined that it is advisable and in the public
interest to enact this Ordinance and implement the proposed Mobility Plan and Mobility Fee and
to amend the City's Code of Ordinances to include the adopted Mobility Plan and Mobility Fee
Schedule.
WHEREAS, for purposes of this Ordinance, underlined type shall constitute additions to
the original text, *** shall constitute ellipses to the original text, and strikethrough --- shall
constitute deletions to the original text.
IT IS HEREBY ORDAINED BY THE CITY OF LONGWOOD AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a part of this Ordinance.
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SECTION 2. City Code Amendment. The City of Longwood Code of Ordinances Chapter
60 is hereby amended to read as follows:
Chapter 60 IMPACT AND MOBILITY FEES
ARTICLE I. GENERAL
Sec. 60-1. Imposition.
(a) Any person who seeks to develop or redevelop real property located in the city by applying
for a building permit, development order, zoning permit, change of use, or other
development permit within the city shall pay the impact fees and mobility fees in the
manner and amounts set forth in this chapter. If there is a change of use, the highest
impact fee and mobility fee shall be adhered to and credit for the less intense use may be
credited toward the impact fee and mobility fee. New lower intense uses occupying a
building shall not be allowed refunds of impact fees and mobility fees previously paid from
a prior more intense use.
(b) The city may charge an administrative charge for the collection of impact fees and mobility
fees; however, in no event shall such administrative charge exceed the actual cost incurred
by the city for collection of the impact fees and mobility fees.
(c) The city commission may amend the impact fees and mobility fees provided for herein by
resolution or ordinance. Any amendment to the amounts of the impact fees and mobility
fees established herein shall be calculated based on the city's most recent and localized
data.
(d) Development and re-development activities are also subject to applicable connection fees
and development assistance fees set forth in chapter 90.
Sec. 60-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Fee or fees for purposes of this chapter shall collectively mean all impact fees and mobility
fees imposed by the city.
Fire/EMS impact construction means any improvement to land which shall generate the
need for fire/EMS services.
Impact construction means any improvement to land which requires the payment of one
or more impact fees and mobility fees under this chapter.
Mobility impact construction means any improvement to land which generates a need for
multimodal projects to accommodate the increase in person travel demand.
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Non-residential includes all land uses not otherwise specified as residential or exempted as
set forth herein. The term "non-residential" shall include, but is not limited to, day care
facilities, residential care facilities, nursing homes, boardinghouses, educational facilities,
cultural facilities, churches, all commercial uses, all transient lodging and entertainment
facilities except those which are temporary in nature, all automotive facilities and/or structures,
all miscellaneous business uses and services, and all industrial uses.
Parks and recreation impact construction means any residential improvement to land
which shall generate the need for city parks and recreation facilities for recreational services.
Police impact construction means any improvement to land which shall generate the need
for police services.
Public works and administrative impact construction means any improvement to land
which shall generate the need for public works and administrative services.
Residential includes single-family dwellings, duplex dwellings, townhomes, mobile homes,
multiple-family dwelling units, accessory dwelling units, and accessory residential structures.
Sec. 60-3. Accounting report and periodic adjustments.
The city manager or the city manager's designee shall provide an accounting report
annually to the city commission indicating the amount of fees collected under this chapter and
the amount of fees distributed. The city commission shall review the report of the city manager
or city manager's designee. The purpose of this review is to analyze use and availability of
funds, as well as the effects of inflation on the actual costs of capital improvements and city
services, and to review and revise, if necessary, impact fees and mobility fees to ensure they
will not exceed the pro rata share for the reasonably anticipated expansion costs of capital
improvements or other city services necessitated by new development or redevelopment.
Sec. 60-4. Exemptions.
(a)The following shall be exempt from payment of impact fees and mobility fees:
(1) An alteration or expansion of an existing dwelling unit where no additional dwelling
units are created and the use is not changed, except for increases in habitable square
footage for mobility fees.
(2) The construction of an accessory building or structure to a residential use that will not
create additional uses or an increase in density of the residential development.
(3) The replacement of an existing dwelling unit of the same type and use where no
additional dwelling units are created, except for increases in habitable square footage
for mobility fees.
ll An expansion in the habitable square footage of a dwelling unit will be assessed a
mobility fee, except for expansion of a bathroom, kitchen, or hallway, or increases to
enhance circulation for a person with a medical condition that requires a mobility
assisted device.
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(5) The replacement of a lawfully permitted structure, the building permit for which was
issued on or before the effective date of the ordinance from which this chapter is
derived, or the replacement of a structure that was constructed subsequent thereto
and for which the correct impact fees which were owed at the time the building
permit was applied for were paid or otherwise provided for, with a new structure of
the same use and at the same location with no increase of density or intensity of
development.
(6) Any development or redevelopment of property where the City determines in its sole
discretion that such development or redevelopment will have no impact on the
relevant city facilities or services; however, all development or redevelopment shall
be presumed to require payment of all impact fees under this chapter unless
exempted under the provisions of this chapter.
(7) An exemption must be claimed by the fee payer at the time of the issuance of a
building permit, development order, or other permit. Any exemption not so claimed
shall be deemed irrevocably waived by the fee payer.
(8) The city commission may by resolution or ordinance provide for an exception or
waiver for an impact fee and mobility fee for the development or construction of
housing that is affordable, as defined by F.S. § 420.9071.
Sec. 60-5. Refund of impact fees and mobility fees paid.
(a) If a building permit or final development order expires or is canceled without
commencement of the construction, the owner of record shall be entitled to a refund,
without interest, of the impact fees less any allowance for administrative fees that may be
due. The owner of record shall submit an application for the refund to the city manager, or
the city manager's designee, within 180 days of the expiration of the permit or final
development order. Failure to submit the application for refund within the time specified
constitutes a waiver of any claim to such monies. Upon review of the completed
application, the city manager or city manager's designee shall issue the refund if it is clear
the building permit or final development order has expired without the commencement of
construction.
Sec. 60-6. Appeals.
Any applicant aggrieved by the imposition or calculation of an impact fee or mobility fee
under this chapter may appeal to the city manager or city manager's designee by filing a written
notice of appeal with the city manager's office within ten days after the date of the action or
decision complained of. The written notice of appeal shall set forth concisely the action or
decision appealed as well as the grounds upon which the appeal is based.The city manager or
city manager's designee shall consider all facts material to the appeal and render a written
decision within 30 business days of receiving the appeal. Any applicant aggrieved by such a
decision of the city manager or city manager's designee may appeal to the city commission by
filing a written notice of appeal with the city manager's office setting forth concisely the
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decision appealed within ten days after the date of the decision. The appeal shall be set for the
next available city commission meeting for consideration or such other date as agreed by the
city and applicant. At the meeting, the city commission shall render a decision, which shall
constitute final administrative review.
Sec. 60-7. Conveyance of land or equipment and impact fee and mobility fee credits;transfer
of credits.
(a) If the city agrees in its discretion and pursuant to approval by the city commission, a
developer or applicant who is subject to one or more+ 1 fees under this chapter may
convey suitable land, capital equipment or facilities to the city in lieu of paying the relevant
impact fee imposed herein or a portion thereof. However, no impact fee reduction shall
exceed the amount of the relevant t fee imposed in this article.
(b) Any land, capital equipment, or facilities conveyed to the city in lieu of paying an impact
fee or mobility fee imposed herein must be acceptable to the city in terms of suitable size,
dimension, soil type, topography, location, accessibility and general character, type and
specifications.
(c) No credit shall be given for the conveyance of land, capital equipment or construction of
facilities unless such property is conveyed via deed, a bill of sale executed to the city
without further consideration, or such other instrument as required by the city in the city's
discretion.
(d) Prior to issuance of a building permit, or if no building permit is required, prior to the
issuance of the final development order, the applicant shall submit a proposed plan for
conveyance or contributions to the city to the city manager or city manager's designee.
The proposed plan shall include:
(1) A designation of the impact construction for which the plan is being submitted;
(2) A legal description of any land proposed to be conveyed and a written appraisal
prepared in conformity with subsection (h) of this section;
(3) A list of the contemplated contributions to the city and an estimate of the proposed
construction costs certified by a professional architect or engineer or an estimate of
the proposed value of a proposed conveyance of capital equipment; and
(4) A proposed time schedule for completion of the proposed plan.
(f) Within 60 business days after receipt, the city manager or city manager's designee shall
recommend approval or denial of the proposed plan in accordance with subsection (g) of
this section and, if approval is recommended, establish the amount of credit in accordance
with subsection (h) of this section.
(g) In reviewing the proposed plan, the city manager or city manager's designee shall
determine:
(1) If such proposed plan is in conformity with needed contemplated improvements and
additions to the city facilities impacted by the construction;
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(2) If the proposed conveyance of land or capital equipment and construction by the
applicant is consistent with the public interest; and
(3) If the proposed time schedule is consistent with the capital improvement program for
the city facilities impacted by the construction.
(h) The amount of developer contribution credit shall be determined as follows:
(1) The value of conveyed land shall be based upon a written appraisal of fair market
value as determined by a Member Appraisal Institute (MAI) appraiser who was
selected and paid for by the applicant, and who used generally accepted appraisal
techniques. If the appraisal does not conform to the requirements of this section and
any applicable administrative regulations, the appraisal shall be corrected and
resubmitted. In the event the city manager or city manager's designee disagrees with
the appraised value, he or she may engage another MAI appraiser at the city's
expense and the value shall be an amount equal to the average of the two appraisals.
If either party does not accept the average of the two appraisals, a third appraisal
shall be obtained, with the cost of said third appraisal being shared equally by the city
and the owner or applicant. The third appraiser shall be selected by the first two
appraisers and the third appraisal shall be binding on the parties.
(2) The value of the construction of an improvement or the value of conveyed capital
equipment shall be based upon the actual cost of construction or acquisition of said
improvement or capital equipment as certified by a professional architect or engineer
as registered by the State of Florida or as shown by a manufacturer's or supplier's
invoice. However, as to the construction of improvements to land, in no event shall
any credit be granted in excess of the estimated construction costs provided by a
professional architect or engineer as registered by the State of Florida and approved
by the city as reasonable, unless the construction project is competitively bid, in
which case, the credit shall be limited to the actual cost of construction. The cost of
professional services shall be reasonable as approved by the city and in accordance
with local industry standards, in order to be eligible for impact fee credits. In the city's
determination of reasonableness of the costs of construction, capital equipment and
professional services, among other things, the city shall have the right to review and
evaluate cost information provided by the applicant or property owner and use and
rely on the opinion of other professionals. Developer fees, carrying cost, interest for
the acquisition of land or the construction of improvements, and fees for professional
services to negotiate the acquisition of land or credits, or provided services not
related to the construction of improvements are not creditable expenses.
(i) If a proposed plan is approved for credit by the city, the applicant or owner and the city
shall enter into a credit agreement which shall provide for:
(1) The timing of actions to be taken by the applicant and the obligations and
responsibilities of the applicant, including, but not limited to, the construction
standards and requirements to be complied with.
(2) The obligations and responsibilities of the city, if any.
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(3) The amount of the credit as determined in accordance with subsection (h) of this
section.
(j) Credits shall expire 24 months from the date of the credit agreement.
(k) A credit for the conveyance of land shall be granted at such time as the property has been
conveyed to and accepted by the city. A credit for the construction of an improvement or
conveyance of capital equipment to the city shall be granted at such time as the
construction is completed, approved and accepted by the city or the time the capital
equipment is approved and accepted by the city. The administration of said contribution
credits shall be the responsibility of the city manager or designee.
(I) Any applicant or owner who submits a proposed plan pursuant to this section and desires
the issuance of a building permit or other final development order prior to approval of the
proposed plan shall pay the applicable impact fee imposed herein. Any difference between
the amount paid and the amount due, should the city manager or city manager's designee
approve and accept the proposed plan, shall be refunded to the applicant or owner.
(m) The land or capital equipment or facilities conveyed or constructed shall only provide
improvements required to accommodate growth.
(n) The actual cost for processing of and fees for legal preparation or review of a credit
agreement shall be paid by the applicant prior to acceptance of the agreement by city.
(o) All credits provided pursuant to this section shall remain with the property and may not be
transferred to any other property, person or entity, except that such credits may be
transferred to successors in interest in the property for purposes of use in the
development of the property. No credits given shall exceed the total amount of impact
fees that become due under this chapter concerning impact construction upon the
property.
Sec. 60-8. Collection of impact fees and mobility fees.
(a) Except as otherwise provided in this chapter or by law, fees due under this chapter shall be
due and payable at the time of issuance of the building permit for the impact construction,
except for the construction of a new single-family home which shall be due and payable
prior to the building official's or designee's pre-power electrical inspection or approval of
final electrical power connection. The fees shall be collected by the city manager or city
manager's designee.
(b) In the event impact fees and mobility fees due under this chapter, or any portion or
combination thereof, are not paid when due for any reason, including by mistake or
inadvertence, the city shall have the right to proceed to collect such fees and charges as
follows:
(1) The city shall serve, by certified mail-return receipt requested and regular U.S. Mail, a
notice of nonpayment upon the building permit applicant at the address set forth in
the building permit application, and then current owner of the property based on the
ownership information appearing on the Seminole County Property Appraiser
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website. Provided the city sends the notice of nonpayment, the applicant's and/or
current owner's failure to receive delivery of such notice of nonpayment shall not
invalidate or otherwise impact the city's ability to collect the outstanding amount
owed and place and foreclose a notice of lien against the applicable property.
(2) The notice of nonpayment shall contain:
a. A description of the property;
b. Advise the applicant and the property owner of the amount due and the fee
and/or charges that were not paid; and
c. Advise that in the event the impact fees are not paid within 30 calendar days
from the date of the notice of nonpayment, that a notice of lien against the
applicable property for which the building permit was secured may be recorded
in the official records of the county and such notice of lien may be foreclosed
upon by the city to collect the outstanding sums owed plus accrued interest and
attorneys' fees and other collection expenses.
(3) If the amount set forth in the notice of nonpayment is not paid within 30 days from
the date of the notice of nonpayment, then:
a. The outstanding balance owed to the city shall accrue interest at the rate of 15
percent per annum until such amount is paid in full;
b. The city may proceed to record a notice of lien against the applicable property in
the official records of the county. Once recorded, the notice of lien shall
constitute a lien against the property described therein; and
c. A copy of the notice of lien shall be served by U.S. Mail to the applicant and the
property owner at the same addresses as set forth in subsection (1) above.
(4) After the expiration of 60 days from the date of recording of the notice of lien, a suit
may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted
and prosecuted in conformity with the procedures for the foreclosure of liens as set
forth in the Florida Statutes. The city shall also have the right to bring an action for
monetary judgment to collect past due amounts owed.
(5) The owner shall be responsible for and the city shall be entitled to reimbursement for
the payment of all collection expenses and costs, including attorneys'fees and
litigation costs and recording and filing fees, incurred by the city in the collection of
fees and charges, filing of liens and in actions to foreclose such liens or actions for a
monetary judgment.
(6) If impact fees or any portion or combination thereof, have not been paid when due,
the city shall have the right to, without notice, immediately withhold the issuance of
and not process for review any certificate of occupancy, development permit or
development order applications associated with the development and property at
issue and may issue and enforce a stop work order on construction associated with
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the development and property at issue until such fees and charges and the city's
associated collection costs are paid in full.
(c) The collection and enforcement procedures set forth in this section shall be cumulative
with, supplemental to and in addition to, any applicable procedures provided in any other
ordinance or administrative regulations of the city, any applicable law or administrative
regulation of the state, or any agreement. Failure of the city to follow the procedure set
forth in this section shall not constitute a waiver of its rights to proceed under any other
ordinances or administrative regulations of the city, any applicable law or administrative
regulation of the state, or any agreement.
(d) Impact fee offsets. Where alteration, expansion, or a change in land use which involves any
increase in the number of units or square footage, or a change in use resulting in new
impacts for which the impact fee is assessed, existing use credit shall be given for the
number of existing units or square footage based upon the previous land use and applied
against impact fees otherwise due.The burden of verifying the previous land use and units
or square footage as applicable shall be on the feepayer. Where a site is vacant or the
building is proposed for replacement as part of the development, there will be no existing
use credit.
(e) Mobility fee offsets. Where alteration, expansion, or replacement of a building or unit, or a
change in land use which involves any increase in the number of units or square footage,
or a change in use resulting in new impacts for which the mobility fee is assessed, existing
use credit shall be given for the number of existing units or square footage based upon the
previous land use and applied against impact fees otherwise due.The burden of verifying
the previous land use and units or square footage as applicable shall be on the feepayer. A
structure or use of land that in inactive and has been abandoned for a period of more than
three (3) years shall not be considered an existing or active use for purposes of calculating
mobility fee offsets.
ARTICLE II. PARKS AND RECREATION IMPACT FEES
Sec. 60-9. Intent and purpose.
(a) The purpose of this article is to require payment of parks and recreation impact fees by
those who engage in parks and recreation impact construction and to provide for the cost
of capital improvements to the city which are required to accommodate such growth. This
article shall not be construed to permit the collection of parks and recreation impact fees
in excess of the amount reasonably anticipated to offset the demand on the city generated
by such applicable parks and recreation impact construction.
(b) All impact fees established in this article are calculated based on the city's most recent and
localized data. Any future amendment to the amount of these impact fees shall be based
on the city's most recent and localized data available at that the time of amendment.
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Sec. 60-10. Imposition.
(a) Any person who seeks to develop or redevelop real property located in the city by applying
for a building permit, development order, or other permit for parks and recreation impact
construction within the city shall pay the following parks and recreation impact fees, which
are based on the city's most recent and localized data:
PARKS AND RECREATION IMPACT FEE SCHEDULE
Development Type Unit of Measurement Impact Fee
RESIDENTIAL
Single Family Dwelling unit $1,072.00
Multi-Family Dwelling unit $774.00
(b) The city may charge an administrative charge for the collection of impact fees; however, in
no event shall such administrative charge exceed the actual cost incurred by the city for
collection of the impact fees. If the option to establish an administrative charge is
exercised, then such administrative charge shall be set by resolution or ordinance of the
city commission or by the city manager or city manager's designee.
(c) No less than 90 days' notice shall be provided to the public before the effective date of any
amendment to the ordinance from which this article is derived which imposes a new or
increased impact fee.
Sec. 60-11. Impact fee trust account and use of monies.
(a) There is established a trust account for the parks and recreation impact fees, designated as
the "parks and recreation impact fee trust account," which shall continue to be maintained
separate and apart from all other accounts of the city.
(b) The funds collected by reason of establishment of the parks and recreation impact fees in
accordance with this article shall be used solely for the purpose of acquisition of facilities,
land, and equipment determined to be needed to provide parks for new development
within the city. Said funds shall not be used to maintain or repair existing park facilities or
equipment or to acquire facilities or equipment to serve existing development.
(c) The city shall spend funds on a first in, first out basis.
ARTICLE III. FIRE RESCUE/EMT IMPACT FEES
Sec. 60-12. Intent and purpose.
(a) The purpose of this article is to require payment of fire/EMS impact fees by those who
engage in fire/EMS impact construction and to provide for the cost of capital
improvements to the fire department which are required to accommodate such growth.
This article shall not be construed to permit the collection of fire/EMS impact fees in
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excess of the amount reasonably anticipated to offset the demand on the city fire
department generated by such applicable fire/EMS impact construction.
(b) All impact fees established herein are calculated based on the city's most recent and
localized data. Any future amendment to the amount of these impact fees shall be based
on the city's most recent and localized data available at the time of amendment.
Sec. 60-13. Imposition.
(a) Any person who seeks to develop real property located in the city by applying for a
building permit, development order, or other permit for fire/EMS impact construction
within the city shall pay the following fire/EMS impact fees, which are based on the city's
most recent and localized data:
FIRE/EMS IMPACT FEE SCHEDULE
Development Type Unit of Measurement Impact Fee
RESIDENTIAL
Single Family _ Dwelling unit $963.00
Multi-Family Dwelling unit $669.00
NON-RESIDENTIAL
General Light Industrial Per Sq. Ft. $0.24
Manufacturing Per Sq. Ft. $0.23
Warehousing Per Sq. Ft. $0.05
Assisted Living Per Sq. Ft. $0.29
Lodging/Hotel Room $756.00
Lodging/Motel Room $324.00
Health and Fitness Club Per Sq. Ft. $0.22
Church/Religious Institution Per Sq. Ft. $0.28
Day Care Center Per Sq. Ft. $2.65
Hospital Per Sq. Ft. $0.79
Animal Hospital/Veterinary Clinic Per Sq. Ft. $0.52
General Office Building Per Sq. Ft. $0.49
Medical - Dental Office Building Per Sq. Ft. $0.98
Business Park Per Sq. Ft. $0.54
Freestanding Discount Store Per Sq. Ft. $1.20
Shopping Center Per Sq. Ft. $0.87
Automobile Sales (New) Per Sq. Ft. $0.84
Automobile Sales (Used) Per Sq. Ft. $0.78
Supermarket Per Sq. Ft. $1.84
Convenience Market with Per Sq. Ft. $3.62
Gasoline Pumps
Marijuana Dispensary Per Sq. Ft. $1.06
Walk-in Bank Per Sq. Ft. $0.80
Ordinance No.24-2257
Page 13 of 26
Drive-in Bank Per Sq. Ft. $0.97
Copy, Print, and Express Ship Per Sq. Ft. $0.36
Store
Drinking Place Per Sq. Ft. $0.50
Fast Causal Restaurant Per Sq. Ft. $3.63
Quality Restaurant/Low Turnover Per Sq. Ft. $0.70
Restaurant
High Turnover (Sit-Down) Per Sq. Ft. $2.39
Restaurant
Fast Food Without Drive-Through Per Sq. Ft. $4.29
Fast Food With Drive-Through Per Sq. Ft. $6.27
Coffee/Donut Shop with Drive- Per Sq. Ft. $4.64
Through
Bread/Donut/Bagel Shop with Per Sq. Ft. $0.56
Drive Through
Automobile Care Center Per Sq. Ft. $0.49
Gasoline/Service Station Per Sq. Ft. $6.89
Super Convenience Market/Gas Per Sq. Ft. $5.06
Station
Non-residential Catch- Per Sq. Ft. $0.49
all/Average Rate
(b) The city may charge an administrative charge for the collection of impact fees; however, in
no event shall such administrative charge exceed the actual cost incurred by the city for
collection of the impact fees. If the option to establish an administrative charge is
exercised, then such administrative charge shall be set by resolution or ordinance of the
city commission or by the city manager or city manager's designee.
(c) No less than 90 days' notice shall be provided to the public before the effective date of any
amendment to the ordinance from which this article is derived which imposes a new or
increased impact fee.
Sec. 60-14. Impact fee trust account and use of monies.
(a) There is established a trust account for the fire/EMS impact fees, designated as the
"fire/EMS impact fee trust account," which shall continue to be maintained separate and
apart from all other accounts of the city.
(b) The funds collected by reason of establishment of the fire/EMS impact fees in accordance
with this article shall be used solely for the purpose of acquisition of facilities and
equipment determined to be needed to provide fire/EMS protection for new development
within the city. Said funds shall not be used to maintain or repair existing fire facilities or
equipment or to acquire facilities or equipment to serve existing development.
Ordinance No.24-2257
Page 14 of 26
(c) The city shall spend funds on a first in, first out basis.
Sec. 60-15. Individual calculation of fire/EMS impact fees.
(a) In the event fire/EMS impact construction involves a particular land use, and it is unclear
which land use category set forth herein applies, the city manager or designee shall
determine the impact fee based on the most similar fire/EMS impact fee land use category
set forth herein.
(b) In the event a fire/EMS impact construction involves more than one fire/EMS impact fee
land use category, the city manager or designee shall calculate the fire/EMS impact fees
based upon the impact to be generated by each separate fire/EMS impact fee land use
category included in the proposed fire/EMS impact construction.
ARTICLE IV. POLICE IMPACT FEES
Sec. 60-14. Intent and purpose.
(a) The purpose of this article is to require payment of police impact fees by those who
engage in police impact construction and to provide for the cost of capital improvements
which are required to accommodate such growth. This article shall not be construed to
permit the collection of police impact fees in excess of the amount reasonably anticipated
to offset the demand on the city police department generated by such applicable police
impact construction.
(b) All impact fees established herein are calculated based on the city's most recent and
localized data. Any future amendment to the amount of these impact fees shall be based
on the city's most recent and localized data available at that the time of amendment.
Sec. 60-15. Imposition.
(a) Any person who seeks to develop real property located in the city by applying for a
building permit, development order, or other permit for police impact construction
occurring within the city shall pay the following police impact fees, which are based on the
city's most recent and localized data:
POLICE IMPACT FEE SCHEDULE
Development Type Unit of Measurement Impact Fee
RESIDENTIAL
Single Family Dwelling unit $440.00
Multi-Family Dwelling unit $300.00
NON-RESIDENTIAL
General Light Industrial Per Sq. Ft. $0.12
Manufacturing Per Sq. Ft. $0.11
Warehousing Per Sq. Ft. $0.03
Ordinance No.24-2257
Page 15 of 26
Assisted Living Per Sq. Ft. $0.14
Lodging/Hotel Room $362.00
Lodging/Motel Room $155.00
Health and Fitness Club Per Sq. Ft. $0.10
Church/Religious Institution Per Sq. Ft. $0.13
Day Care Center Per Sq. Ft. $1.27
Hospital Per Sq. Ft. $0.38
Animal Hospital/Veterinary Clinic Per Sq. Ft. $0.25
General Office Building Per Sq. Ft. $0.23
Medical - Dental Office Building Per Sq. Ft. $0.47
Business Park Per Sq. Ft. $0.26
Freestanding Discount Store Per Sq. Ft. $0.58
Shopping Center Per Sq. Ft. $0.42
Automobile Sales (New) Per Sq. Ft. $0.40
Automobile Sales (Used) Per Sq. Ft. $0.38
Supermarket Per Sq. Ft. $0.88
Convenience Market with Per Sq. Ft. $1.73
Gasoline Pumps
Marijuana Dispensary Per Sq. Ft. $0.51
Walk-in Bank Per Sq. Ft. $0.38
Drive-in Bank Per Sq. Ft. $0.46
Copy, Print, and Express Ship Per Sq. Ft. $0.17
Store
Drinking Place Per Sq. Ft. $0.24
Fast Causal Restaurant Per Sq. Ft. $1.74
Quality Restaurant/Low Turnover Per Sq. Ft. $0.33
Restaurant
High Turnover (Sit-Down) Per Sq. Ft. $1.15
Restaurant
Fast Food Without Drive-Through Per Sq. Ft. $2.05
Fast Food With Drive-Through Per Sq. Ft. $3.00
Coffee/Donut Shop with Drive- Per Sq. Ft. $2.22
Through
Bread/Donut/Bagel Shop with Per Sq. Ft. $0.27
Drive-Through
Automobile Care Center Per Sq. Ft. $0.24
Gasoline/Service Station Per Sq. Ft. $3.30
Super Convenience Market/Gas Per Sq. Ft. $2.42
Station
Non-residential Catch- Per Sq. Ft. $0.25
All/Average Rate
Ordinance No.24-2257
Page 16 of 26
(b) The city may charge an administrative charge for the collection of impact fees; however, in
no event shall such administrative charge exceed the actual cost incurred by the city for
collection of the impact fees. If the option to establish an administrative charge is
exercised, then such administrative charge shall be set by resolution or ordinance of the
city commission.
(c) No less than 90 days' notice shall be provided to the public before the effective date of any
amendment to the ordinance from which this article is derived which imposes a new or
increased impact fee.
Sec. 60-16. Impact fee trust account and use of monies.
(a) There is established a trust account for the police impact fees, designated as the "police
impact fee trust account," which shall continue to be maintained separate and apart from
all other accounts of the city.
(b) The funds collected by reason of establishment of the police impact fees in accordance
with this article shall be used solely for the purpose of acquisition of facilities and
equipment determined to be needed to provide police protection for new development
within the city. Said funds shall not be used to maintain or repair existing police facilities or
equipment or to acquire facilities or equipment to serve existing development.
(c) The city shall spend funds on a first in,first out basis.
Sec. 60-17. Individual calculation of police impact fees.
(a) In the event police impact construction involves a particular land use, and it is unclear
which land use category set forth herein applies, the city manager or designee shall
determine the impact fee based on the most similar police impact fee land use category
set forth herein.
(b) In the event a police impact construction involves more than one police impact fee land
use category, the city manager or designee shall calculate the police impact fees based
upon the impact to be generated by each separate police impact fee land use category
included in the proposed police impact construction.
ARTICLE V. PUBLIC WORKS AND ADMINISTRATIVE IMPACT FEES
Sec. 60-18. Intent and purpose.
(a) The purpose of this article is to require payment of public works and administrative impact
fees by those who engage in public works and administrative impact construction and to
provide for the cost of capital improvements which are required to accommodate such
growth. This article shall not be construed to permit the collection of public works and
administrative impact fees in excess of the amount reasonably anticipated to offset the
Ordinance No.24-2257
Page 17 of 26
demand on the city public works department generated by such applicable public works
and administrative impact construction.
(b) All impact fees established herein are calculated based on the city's most recent and
localized data. Any future amendment to the amount of these impact fees shall be based
on the city's most recent and localized data available at that the time of amendment.
Sec. 60-19. Imposition.
(a) Any person who seeks to develop real property located in the city by applying for a
building permit, development order, or other permit for public works and administrative
impact construction occurring within the city shall pay the following police impact fees,
which are based on the city's most recent and localized data:
PUBLIC WORKS AND ADMINISTRATION IMPACT FEE SCHEDULE
Development Type Unit of Measurement Impact Fee
RESIDENTIAL
Single Family Dwelling unit $279.00
Multi-Family Dwelling unit $218.00
NON-RESIDENTIAL
General Light Industrial Per Sq. Ft. $0.07
Manufacturing Per Sq. Ft. $0.07
Warehousing Per Sq. Ft. $0.02
Assisted Living Per Sq. Ft. $0.08
Lodging/Hotel Room $213.00
Lodging/Motel Room $91.00
Health and Fitness Club Per Sq. Ft. $0.06
Church/Religious Institution Per Sq. Ft. $0.08
Day Care Center Per Sq. Ft. $0.75
Hospital Per Sq. Ft. $0.22
Animal Hospital/Veterinary Clinic Per Sq. Ft. $0.15
General Office Building Per Sq. Ft. 0.14
Medical - Dental Office Building Per Sq. Ft. $0.28
Business Park Per Sq. Ft. $0.15
Freestanding Discount Store Per Sq. Ft. $0.34
Shopping Center Per Sq. Ft. $0.25
Automobile Sales (New) Per Sq. Ft. $0.24
Automobile Sales (Used) Per Sq. Ft. $0.22
Supermarket Per Sq. Ft. $0.52
Convenience Market with Per Sq. Ft. $1.02
Gasoline Pumps
Marijuana Dispensary Per Sq. Ft. $0.30
Walk-in Bank Per Sq. Ft. $0.23
Ordinance No.24-2257
Page 18 of 26
Drive-in Bank Per Sq. Ft. $0.27
Copy, Print, and Express Ship Per Sq. Ft. $0.10
Store
Drinking Place Per Sq. Ft. $0.14
Fast Causal Restaurant Per Sq. Ft. $1.02
Quality Restaurant/Low Turnover Per Sq. Ft. $0.20
Restaurant
High Turnover (Sit-Down) Per Sq. Ft. $0.67
Restaurant
Fast Food Without Drive-Through Per Sq. Ft. $1.21
Fast Food With Drive-Through Per Sq. Ft. $1.76
Coffee/Donut Shop with Drive- Per Sq. Ft. $1.31
Through Window
Bread/Donut/Bagel Shop with Per Sq. Ft. $0.16
Drive-Through Window
Automobile Care Center Per Sq. Ft. $0.14
Gasoline/Service Station Per Sq. Ft. $1.94
Super Convenience Market/Gas Per Sq. Ft. $1.42
Station
Non-residential Catch- Per Sq. Ft. $0.16
All/Average Rate
(b) The city may charge an administrative charge for the collection of impact fees; however, in
no event shall such administrative charge exceed the actual cost incurred by the city for
collection of the impact fees. If the option to establish an administrative charge is
exercised, then such administrative charge shall be set by resolution or ordinance of the
city commission.
(c) No less than 90 days' notice shall be provided to the public before the effective date of any
amendment to the ordinance from which this article is derived which imposes a new or
increased impact fee.
Sec. 60-20. Impact fee trust account and use of monies.
(a) There is established a trust account for the public works and administrative impact fees,
designated as the "public works and administrative impact fee trust account," which shall
continue to be maintained separate and apart from all other accounts of the city.
(b) The funds collected by reason of establishment of the public works and administrative
services impact fees in accordance with this article shall be used solely for the purpose of
acquisition of facilities and equipment determined to be needed to provide public works
and administrative services for new development within the city. Said funds shall not be
used to maintain or repair existing public works or administrative facilities or equipment or
to acquire facilities or equipment to serve existing development.
Ordinance No.24-2257
Page 19 of 26
(c) The city shall spend funds on a first in, first out basis.
Sec. 60-21. Individual calculation of public works and administrative impact fees.
(a) In the event public works and administrative impact construction involves a particular land
use, and it is unclear which land use category set forth herein applies, the city manager or
designee shall determine the impact fee based on the most similar public works and
administrative impact fee land use category set forth herein.
(b) In the event a public works and administrative impact construction involves more than one
public works and administrative impact fee land use category, the city manager or
designee shall calculate the impact fees based upon the impact to be generated by each
separate public works and administrative impact fee land use category included in the
proposed public works and administrative impact construction.
ARTICLE VI. MOBILITY FEES
Sec. 60-22. Intent and purpose.
(a) The purpose of this article is to require payment of mobility fees by those who engage in
mobility impact construction and to provide for the cost of multimodal projects which are
required to accommodate increases in person travel demand. This article shall not be
construed to permit the collection of mobility fees in excess of the amount reasonably
anticipated to offset the increase in person travel demand on the city multimodal
transportation system by such applicable mobility impact construction.
(b) All mobility fees established herein are calculated based on the city's most recent and
localized data. Any future amendment to the amount of these mobility fees shall be based
on the city's most recent and localized data available at that the time of amendment.
Sec. 60-23. Imposition.
(a) Any person who seeks to develop real property located in the city by applying for a
building permit, development order, or other permit for mobility impact construction
occurring within the city shall pay the following mobility fees which are based on the city's
most recent and localized data:
Land Use Categories, Use Classifications, and Representative Uses Unit of Mobility
Measure Fee
Residential & Lodging Uses
Affordable or Workforce Residential dwelling unit $488
Residential 1,000 sq. ft. $975
Overnight Lodging (Hotel, Inn, Motel, Resort) room $1,108
Ordinance No.24-2257
Page 20 of 26
Institutional Uses
Community Serving (Civic, Museum, Performing Arts, Place of
1,000 sq. ft. $672
Assembly or Worship)
Long Term Care (Assisted Living, Congregate Care Facility, Nursing 1,000 sq. ft. $842
Facility)
Private Education (Day Care, Private Primary School, Pre-K) 1,000 sq. ft. $1,005
Industrial Uses
Industrial (Assembly, Brewing, Distilling, Distribution, Fabrication,
Flex Space, Manufacturing, Nursery, Outdoor Storage, Processing, 1,000 sq. ft. $368
Trades, Warehouse, Utilities)
Recreational Uses
Outdoor Commercial Recreation (Amusement, Golf, Multi-Purpose, acre $1,263
Parks, Sports, Tennis)
Indoor Commercial Recreation (Dance, Gym, Fitness, Indoor Sports, 1,000 sq. ft. $2,576
Kids Activities, Yoga)
Office Uses
Office (General, Higher Education, Hospital, Professional) 1,000 sq. ft. $1,184
Medical Office (Clinic, Dental, Emergency Care, Medical, Veterinary) 1,000 sq. ft. $3,356
Commercial & Retail Uses
Small Retail Business (Entertainment, Restaurant, Retail, Services) 1,000 sq. ft. $1,722
Retail (Discount, Entertainment, Financial, Retail, Services,
1,000 sq. ft. $2,750
Superstore)
High Impact Retail (Bank, Pharmacy, Sit-Down Restaurant, 1,000 sq. ft. $5,278
Supermarket, Wine & Spirits)
Convenience Retail (Convenience, Convenience with Gas, Quick
1,000 sq. ft. $8,413
Service Restaurant)
Additive Fees for Commercial Services & Retail Uses
Bank Drive-Thru Lane or Free-Standing ATM lane or ATM $3,825
lane or stall,
Motor Vehicle Cleaning (Detailing, Wash, Wax) plus per 5 $5,060
stations
Ordinance No.24-2257
Page 21 of 26
charging or
Motor Vehicle Charging or Fueling fueling $4,508
position
Motor Vehicle Service (Accessories, Brakes, Maintenance, Quick
bay or stall $1,777
Lube, Repair,Tires)
Quick Service Restaurant Drive-Thru lane $8,363
(b) The mobility fee shall be calculated based on the effective mobility fee rate and the unit of
measure for each use established in the mobility fee in accordance with the following:
(1) Affordable or workforce residential. The City of Longwood may elect to establish a
program that establishes criteria to qualify as affordable or workforce residential. A
lower mobility fee rate has been calculated as permitted per Florida Statute (Fla. Sta.)
163.3180 (5) (f) 6. The assessment of a mobility fee can be waived by the City
Commission per Fla. Sta. 163.31801 (11) in accordance with the affordable definition
in Fla. Sta. 420.9071). Until the City establishes a program for designation as
affordable or workforce housing, and an applicant receives formal approval as
affordable or workforce housing, the affordable or workforce housing mobility fee
rate would not be applicable.
(2) Residential. The mobility fee for any residential land use, regardless of type of
residential use, except for mobile residence, is based on the total livable, habitable,
and temperature controlled enclosed (by doors, windows, or walls) square footage
per dwelling unit. Residential square feet are the sum of the area (in square feet) of
each dwelling unit measured from the exterior surface of the exterior walls or walls
adjoining public spaces such as multifamily or dormitory hallways, or the centerline of
common walls shared with other dwelling units.This square footage does not include
unconditioned garages or unenclosed areas under roof. For condominiums,
multifamily and dormitory uses, common hallways, lobbies, leasing offices, and
residential amenities not accessible to the public are not included in the square feet
calculation. The square footage of areas leased to a third-party use, or a use that
provides drinks, food, goods, or services to the public or paid memberships available
to persons that do not reside in a dwelling unit would be assessed the applicable
mobility fee rate per square foot for the use.
(3) Overnight lodging. Any square footage that is leased to a third-party use,or a use that
provides drinks, food, goods, or services to the public, shall be required to pay the
applicable mobility fee per the individual uses identified in the mobility fee schedule.
This does not apply to conference spaces, markets, or food and beverage service
provided by the overnight lodging for its guest.
(4) Industrial. Acreage for any unenclosed material and vehicle storage, including but not
limited to boats, commercial vehicles, recreational vehicles (RV), and trailers, sales
Ordinance No.24-2257
Page 22 of 26
and display shall be converted to square footage by multiplying the total acreage by
43,560.
(5) Recreational uses. For commercial recreation uses that feature both indoor facilities
and outdoor recreation,the indoor shall be based on the indoor mobility fee rate,the
outdoor shall be made on the outdoor rate. Any square footage that is leased to a
third-party use, or a use that provides drinks, food, goods, or services to the public,
shall be required to pay the applicable mobility fee per the individual uses identified
in the mobility fee schedule.
(6) Small retail business. The City of Longwood may elect to establish a program that
establishes criteria to qualify as a small retail business. A lower mobility fee rate has
been calculated as permitted per Florida Statute (Fla. Sta.) 163.3180(5) (f) 6. Until the
City establishes a program for designation as a small retail business, and an applicant
receives formal approval as affordable or workforce housing,the small retail business
mobility fee rate would not be applicable.
(7) Retail. Retail includes all commercial or retail land uses that do not fall under High
Impact or Convenience Retail and generate less than 75 daily trips per 1,000 sq.ft. per
the latest ITE Generation Manual or alternative trip generation study.
(8) High impact retail. Uses include banks, marijuana dispensaries, pharmacies, sit down
restaurants (non-fast food),grocery stores, supermarkets, beer, liquor, package,wine
and spirits stores, bars, nightclubs, and lounges.These uses generate between 75 and
250 daily trips per 1,000 sq.ft. per the latest ITE Generation Manual or alternative trip
generation study.
(9) Convenience retail. Uses include convenience stores, gas stations, service stations,
coffee, donut, sandwich, food and beverage that would be considered fast food or
quick service restaurants.These uses generate between more than 250 daily trips per
1,000 sq. ft. per the latest ITE Generation Manual or alternative trip generation study.
(10) Additive fees. Additive mobility fees are based on a unit of measure that is assessed
for a component of a high impact uses that is outside of the square footage of the
building and generates person travel demand. Additive mobility fees are combined
with any assessed mobility fee based on the square footage of a building or structure
for the use. The mobility fee rate for additive fees is based on the unique unit of
measure under the additive fee category.
(11) Bank drive-thru or freestanding ATM. Banks and financial institutions with a drive-thru
shall pay the high impact retail rate for the square footage of the building under the
retail use category. Drive-thru lanes, free standing ATM's and drive-thru lanes with
ATM's are assessed a separate fee per lane or per ATM and are added to any mobility
fee associated with the building.The free-standing ATM is for an ATM only and not an
ATM within or part of another non-financial building, such as an ATM within a grocery
store or a convenience store.
Ordinance No.24-2257
Page 23 of 26
(12) Motor vehicle cleaning. Motor vehicle shall mean any car wash, wax, or detail where
a third party or automatic system performs the cleaning service. Mobility fees are
assessed per bay, lane, stall, or tunnel. For automated car washes, mobility fees are
also assessed per five (5)finishing stations for waxing, drying, detailing, or vacuuming
the vehicle. The high impact retail rate shall be used to calculate the mobility fee for
any additional building square footage.
(13) Motor vehicle charging or fueling. Mobility fees are charged per charging or fueling
position. The number of charging or fueling positions is based on the maximum
number of vehicles that could be charged or fueled at one time.The mobility fee rates
per vehicle charging or fueling position apply to a convenience store, gas station,
general store, grocery store, supermarket, superstore, variety store, wholesale club
or service stations with fuel pumps. In addition, there shall be a separate mobility fee
for the square footage of any retail building per the applicable mobility fee rate under
commercial and retail uses. Non-commercial vehicle charging stations associated with
residential or non-residential uses that are required by the City or are provided by the
owner as an amenity and not a commercial purpose shall not be assessed a mobility
fee.
(14) Motor vehicle service. Motor vehicle service includes maintenance, repair, and
servicing of motor vehicles. Mobility Fee are assessed per bay or stall, plus a retail rate
associated with any additional building square footage under retail uses for waiting
areas, parts, supplies, and transactions.
(15) Quick service restaurant drive-thru. Fast casual, fast food, ghost kitchens, or other
restaurants primarily fulfilling online delivery orders are considered quick service
restaurants. Any drive-thru associated with a quick service restaurant will be an
additive fee in addition to the applicable retail mobility fee per square foot of the
building. The number of drive-thru lanes will be based on the number of lanes
present when an individual places an order or picks up an order, whichever is
greater. Quick service restaurants include those in convenience stores or multi-
tenant buildings.
(c) The city may charge an administrative charge for the collection of mobility fees; however,
in no event shall such administrative charge exceed the actual cost incurred by the city for
collection of the mobility fees. If the option to establish an administrative charge is
exercised, then such administrative charge shall be set by resolution or ordinance of the
city commission.
(d) No less than 90 days' notice shall be provided to the public before the effective date of any
amendment to the ordinance from which this article is derived which imposes a new or
increased mobility fee.
Ordinance No.24-2257
Page 24 of 26
Sec. 60-24. Mobility fee trust account and use of monies.
(a) There is established a trust account for the mobility fees, designated as the "mobility fee
trust account," which shall continue to be maintained separate and apart from all other
accounts of the city.
(b) The funds collected by reason of establishment of the mobility fees in accordance with this
article shall be used solely for the funding of mobility projects identified in the most recent
version of the City's Mobility Plan and Capital Improvements Program and the expenditure
of mobility fees on mobility project expenses documented in the most recent version of
the City's Mobility Fee Technical Report determined to be needed to accommodate the
increase in person travel demand from mobility impact construction.
LI The city shall spend funds on a first in, first out basis.
Sec. 60-25. Individual calculation of mobility fees.
(a) In the event mobility impact construction involves a particular land use, and it is unclear
which land use category set forth herein applies, the Community Development Director
shall determine the mobility fee based on the most similar mobility fee land use category
set forth herein.
(b) In the event a mobility impact construction involves more than one mobility fee land use
category, the Community Development Director shall calculate the mobility fees based
upon the impact to be generated by each separate mobility fee land use category included
in the mobility impact construction.
(c) Where a use has been active within the last five years, and the building supporting said use
is present on the property, the applicant shall receive a credit based on the previous use
(d) The City of Longwood 2045 Mobility Fee Technical Report dated December 2023 and
prepared by NUE Urban Concepts, LLC, or the most recent version of the mobility fee
technical report will include definitions and further detail on the land uses that are
included under the mobility fee land use category set forth herein.
SECTION 3. Codification. Section 2 of this Ordinance shall be incorporated into the
Longwood Code of Ordinances. Any section, paragraph number, letter and/or any heading of
this Ordinance may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical, formatting, illustration labeling and numbering, and similar or like
errors may be corrected, and additions, alterations, and omissions not affecting the
construction or meaning of this ordinance or the Longwood City Code may be freely made.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such
Ordinance No.24-2257
Page 25 of 26
portion shall be deemed a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions of this Ordinance.
SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and
any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as
allowable under the law.
SECTION 6. Effective date. The Effective Date of this Ordinance is November 4, 2024,
which is more than 90 days from the date that the notice concerning the adoption of this
Ordinance was published in the newspaper.
FIRST READING:July 22, 2024
SECOND READING: August 5, 2024
ADOPTED this 5th day of August, 2024, by the City Commission of the City of Longwood,
Florida.
CITY COMMISSION
CITY OF LONGWOOD
44(44(1U
Matthew McMillan, Mayor
ATTEST:
//e
Michelle Longo, MMC, FCRM, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only
Daniel W. L y, ity Attorney
Page 26 of 26