Villa Park Municipal Code Art. 19-14 Transportation Improvement

For the purposes of Article 19-14, the following definitions shall apply:

a. "Fee" shall mean the Transportation Systems Improvement Program Fee established in this section.

b. "Critical Intersection" shall mean an intersection of two (2) roadways where both roadways are defined as "Major Arterial" or higher on the Orange County Master Plan of Arterial Highways (MPAH).

c. "Intersection Capacity Utilization" or "ICU" shall mean the accepted methodology used by traffic engineers to determine road intersection use and capacity.

d. "Level of Service" or "LOS" shall mean a measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst).

(Ord. #93-416, § 1)

a. To mitigate traffic impacts from new construction and development in the City, a Transportation Systems Improvement Fee, to be reserved for the improvement of any roadway portion or intersection within the City, is hereby imposed upon new construction and development within the City. The amount of the Fee shall be equal to the Base Rate Amount plus ICU Adjustment.

The Base Rate Amount shall be:

The ICU Adjustment shall be equal to the development's pro rata share of the cost of improvement to a Critical Intersection, either within or without the City, which has an increase in daily traffic as a result of the development, such that the traffic at that intersection is increased one (1) percent or more in the LOS above the established baseline for that intersection.

The Fee, therefore, shall be calculated using the following formula:

Fee = (applicable Base Rate Amount) × (# units/sq. ft.) × (1 + percentage increase in ICU)

b. Automatic adjustment of the Fee shall occur annually based on the Engineering News Record Cost Index, or a comparable index if such index is unavailable. Additional adjustments may be made from time to time by the City Council. Such adjustments may include the addition of other revenue sources when available.

c. The Fee shall be paid to the City prior to the issuance of any building permit for development or construction governed by this section.

d. The Fee shall be modified for certain construction as follows:

1. Additional residential units constructed or created shall be subject to the Base Rate Amount for the new units only.

2. The Base Rate Amount shall apply to the conversion of a single-family residence in whole or in part to a nonresidential use.

3. Any addition to an existing nonresidential building shall be subject to the Base Rate Amount for the new construction only.

4. Construction of additional nonresidential buildings shall be subject to the Base Rate Amount for the new construction only.

5. A change in use of a nonresidential building or facility, in whole or in part, to a higher traffic-generating use shall cause the proportionate area to be subject to the Base Rate Amount; provided, however, that any change in use of a nonresidential building facility, in whole or in part, to a higher traffic generating use that occurs five (5) or more years after a Fee has been paid, shall be subject to the difference between any lower Base Rate Amount paid and the Base Rate Amount in effect at the time of the change in use.

6. There shall be no Fee where a nonresidential building or facility is converted to a lower traffic-generating use.

e. New development or changes in property use which fall within any of the categories listed below shall be exempt from the Fee:

1. Any development that increases the ICU at a Critical Intersection by less than one (1) percent.

2. Any development on an existing lot resulting in a total daily traffic generation of less than two hundred (200) trip ends per day.

3. Any agricultural, open space, conservation, or passive park use.

4. Any rebuilding of an existing development damaged or destroyed by fire or natural disaster or other acts of God or the public enemy, if uses and square footage remain substantially the same.

5. Public health and safety facilities such as hospitals, police, fire and safety facilities, and schools.

6. Government-owned facilities or utilities shall be exempt to the extent the facilities will not be used for generating revenue or commercial purposes. Examples of exempt public uses are city halls and park buildings. Privately owned utilities shall not be exempt. Notwithstanding property tax exemptions, lessees of government owned or-constructed facilities, or portions thereof, which generate revenue or are leased for commercial purposes, including but not limited to the revenue-generating portions of airports, train stations, stadiums, sports arenas, convention centers, bus terminals, hotels, or concessions on public lands, shall be required to prepare the necessary reports and mitigate impacts as appropriate.

7. Minor alterations and remodeling of existing structures resulting in no substantial change in traffic generation as determined by the City Engineer or Community Development Director.

8. Places of worship, colleges, welfare agencies, etc., to the extent such facilities are exempt from property tax levies.

9. An addition or modification to an existing single-family residence which will continue to be used as a single-family residence.

10. Tenant improvements to an existing nonresidential building.

(Ord. #93-416, § 1)

Developments shall be phased in accordance with the following:

a. Any residential development of one hundred (100) or more dwelling units shall be developed in phases not to exceed one hundred (100) dwelling units per phase.

b. Any nonresidential development or improvement of five hundred thousand (500,000) square feet or gross floor area shall be developed in phases not to exceed five hundred thousand (500,000) square feet of gross floor area per phase.

c. The Fee required under Section 19-14.2 shall be payable for each phase prior to the issuance of building permits for that phase issued.

d. No permits will be issued for any subsequent phase of a development until such time as all infrastructure improvements associated with any previous phase are in place and operational.

(Ord. #93-416, § 1)

a. The City Engineer shall annually prepare a list of developments subject to Sections 19-14.2 and 19-14.3. The report shall include the identification, location and description of applicable developments and/or modifications thereto and the Fee assessed. Such report shall be submitted to the City Manager by March 1 of each year.

b. A Performance Monitoring Program shall be initiated and reviewed annually by the City Engineer to evaluate the list described in subparagraph (a) of this Section. The City Engineer shall assign infrastructure improvement priorities and shall evaluate the applicability of the Fees. The City Engineer shall submit an annual report based on this review to the City Manager for incorporation, as applicable, into the City's Capital Improvement Program.

(Ord. #93-416 § 1)