Mobility Fee Workshop

APA Florida Chapter, Suncoast Section

#9131106

Thursday, July 27, 2017
6 p.m. - 7:30 p.m. EDT

Lutz, FL, United States

CM | 1.50
L | 1.50

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Overview

The workshop will provide an overview of impact fee law specific to funding transportation infrastructure, and how local governments impose impact fees pursuant to local legislation. New developments are required to pay an impact fee to provide infrastructure necessitated by new growth. Local governments utilize impact fees to supplement the cost of new or additional public facilities that may be required. Payments are based on a multitude of factors including cost of the facility and type and size of development. Impact fees are also utilized to pay for infrastructure improvements that surround the site, aka off-site improvements. The local government must establish a “rational nexus” to collect impact fees. A “rational nexus” is a reasonable connection between the need of additional public facilities due to the additional growth and the expenditure of funds collected and benefits accrued by the new development (American Planning Association, 2017; Florida Office of the Attorney General, 2011).  

The workshop will explain how the rational nexus test is satisfied in order to impose an impact fee on new development, specific to “mobility fees” vs. general “transportation impact fees.” Panelists will discuss how the County tracks impact fee payments and expenditures of impact fee payments, consistent with the “dual prong rational nexus test”: 1) offsets needs that are sufficiently attributable to the new development; 2) the fees collected are adequately earmarked for the benefit for the residents of the new development.

 The impact fees must not exceed the cost of the improvements. Improvements made must be accounted in the capital improvement plan. The funding accrued from the impact fees must be spent or restrained in a timely manner to ensure that the improvements are implemented. The Pasco system utilizes a technique called “timing and phasing.”

Workshop panelist will also discuss how the Pasco mobility fee system structure is designed based on tiers and geography. There are lower fees in Urban Market Areas where development is concentrated with shorter vehicle trip lengths, and higher fees in the suburban and rural market areas with longer vehicle trip lengths. The mobility fee rates for preferred uses and locations are subsidized by other transportation revenues through a fee buy-down system.   Panelist David Goldstein will also discuss associated current case law, and how Pasco is addressing these issues.

 

Speakers

David Goldstein

David Goldstein is the Chief Assistant County Attorney for Pasco County. He is a graduate of Cornell Law School, and has been practicing law for approximately 22 years. He is Florida Bar Certified in City, County, and Local Government Law. His primary areas of expertise include concurrency, impact fees, Developments ... Read More

Ruth Ann Dattoli

Ruth Ann is a Lead Development Review Technician with over 30 years experience working in local government. She processes all commercial permits, assesses all commercial transportation impact fees and mobility fees for Pasco County. She has previously worked for Hernando County’s Building Department processing permits and assessing impact fees ... Read More

Contact Info

Erica Wennlund, ewennlund@pascocountyfl.net