§ 23-780. Multimodal Transportation Impact Fees.

a. Findings applicable to multimodal transportation impact fees. In addition to the findings contained in section 23-762, the commission hereby specifically ascertains, determines, and declares as follows:

1. The multimodal projects identified in the mobility plan of the city are designed and intended to provide for the multimodal mobility needs of its residents, businesses, and visitors.
2. The providing of multimodal projects is the responsibility of the city imposed pursuant to Florida Statutes. Development in the city also has a multimodal impact to county and state roads and the mobility plan identifies multimodal projects on city, county, and state roads.
3. The multimodal transportation impact fees imposed by the division are intended to allow new development to mitigate its impact to the transportation system through payment of a mobility fee to the City.
4. The multimodal projects of the city funded by the multimodal transportation impact fee provide a specific benefit to development activity that pay the multimodal transportation impact fee. The commission expressly approves of the quality of service standards for multimodal projects as established in the Mobility Plan.
5. The existing multimodal projects which has been funded by revenues other than multimodal transportation impact has eliminated any deficiency between existing multimodal projects and quality of service standards.

b. Imposition of multimodal transportation impact fee. All transportation impact construction occurring within the city, shall pay the multimodal transportation impact fees as established within Schedule "C", which is attached hereto and incorporated by reference.
c. Establishment of multimodal transportation impact fee trust account. The commission hereby establishes a separate trust account for the multimodal transportation impact fee, to be designated as the "Multimodal Transportation Impact Fee Trust Account," which shall be maintained separate and apart from all other accounts of the city. All such multimodal transportation impact fees shall be deposited into such trust fund immediately upon receipt.
d. Use of multimodal transportation impact fees. The monies deposited into the Multimodal Transportation Impact Fee Trust Account shall be used solely for the purpose of funding multimodal projects identified in the mobility plan, including, but not limited to:

1. Planning, design, and construction of multimodal projects;
2. Permitting and mitigation of environmental or wetland impacts;
3. Land acquisition, including any costs of acquisition, condemnation, or easements;
4. Design and construction of new drainage facilities and relocating or extending of utilities required by the construction of multimodal projects;
5. Landscaping;
6. Construction management and inspection;
7. Surveying, soils, and material testing;
8. Acquisition of collection materials necessary to provide multimodal transportation programs and services established in the mobility plan;  
9. Repayment of monies transferred or borrowed from any budgetary fund of the city which were used to fund any of the construction, acquisition or improvements herein defined;
10. Payment of principal to repay any bonds or other indebtedness issued by the city to provide funds to acquire land, construct multimodal projects or provide mobility programs and services subsequent to the adoption of this division, to the extent such repayment is consistent with statutory requirements.

e. Restrictions on use of multimodal transportation impact fees. Funds on deposit in the Multimodal Transportation Impact Fee Trust Account shall not be used for any expenditure that would be classified as an administrative, maintenance, repair, or other operating expense, unless otherwise provided for in the mobility plan to implement adopted quality of service standards.
f. Investment of multimodal transportation impact fees. Any funds on deposit which are not immediately necessary for expenditure may be invested by the city. All income derived from such investments shall be deposited in the Multimodal Transportation Impact Fee Trust Account and used as provided herein.
g. Expenditure of multimodal transportation impact fees outside the City. The multimodal transportation impact fees benefit districts established in the mobility plan and multimodal transportation impact  fee study provide for the expenditure of multimodal transportation impact  fees outside city limits but within the benefit district, for multimodal projects identified in the mobility plan. For any expenditure of multimodal transportation impact  fees within the extra jurisdictional benefit district, the city manager or designee shall make a written finding of fact that the expenditure of fees within the extra jurisdictional benefit district is consistent with the mobility plan and provides a mobility benefit to the new development that paid the multimodal transportation impact fees.

(Ord. No. 2022-38, § 1, 8-16-22)