July 28, 2014

Orange County Set to Further Revise Transportation Impact Fee Rates

There were a few glitches in the revised transportation impact fee rate schedule Orange County adopted in October 2012.   Ten land use categories had incorrect rate figures.  As a result, the County intends to adopt a corrected rate schedule on February 12, 2013, and have the new rates take effect not less than 90 days later.  The delay of the effective date is required by statute.   The Ordinance needed to implement the new rates  is not yet available for review, so the actual start date for the new rates is not clear at this time, but it will not be any sooner than May 13, 2013.  The rates that will take effect at that time are 42% of the 100% impact fee rate set for each land use category. 

The corrected rates affect four residential categories and represent a reduction from the earlier-adopted rates.  These categories are:  Multi-Family/Apartments, Condominium/Townhouse, High-Rise Condo/Townhouse, and Student Housing.  The rates for six Retail categories are also being corrected.  Each of these corrections results in an increase from the earlier-adopted rates.  The affected categories are:  Retail 200,001-300,000 sf, Retail 300,001-400,000 sf, Retail 400,001-500,000 sf, Retail 500,001-1,000,000 sf, Retail 1,000,001-1,200,000 sf, and Retail more than 1,200,000 sf.  A copy of the corrected impact fee table that will be presented to the Board of County Commissioners for adoption on  February 12, 2013 is attached below.  Once the new impact fee rates become effective, they will remain in effect for 18 months and then increase by 33.3% across the board to a 56% rate. 


© Lowndes, Drosdick, Doster, Kantor & Reed, PA, 2014. All rights reserved.

About the Author

Miranda F. Fitzgerald, Lowndes Law Firm, Real Estate Attorney

Partner Randi Fitzgerald focuses her practice on land use, zoning, environmental matters and real estate development, including comprehensive planning, Developments of Regional Impact (DRI's), annexation, concurrency, vested rights and property rights issues. She has served as lead counsel for more than 35 DRI's and has represented both property owners and local governments. She represents clients in all phases of development for commercial, residential and mixed-use projects, including site selection, due diligence, and procurement of land use approvals and entitlements.


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.