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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. 


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About this 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.