When new developments are planned, local governments often require the payment of mobility or development impact fees to support infrastructure such as roads, transit, and pedestrian facilities. For example, Miami-Dade County has a complex formula to calculate the mobility fees for bicycle, transit, and vehicular activity. The calculation is based on the number of trips generated, length of trips, walkability, and transit access. However, each community has its own formula and set of fees.

These fees help fund roadway improvements to mitigate the impact of increased traffic and activity on public roads. However, in some cases, a developer or property owner may find that the standard fee does not fairly reflect their project’s unique circumstances. In such cases, applying for a mobility or impact fee variance may be an appropriate course of action.

This article outlines what a mobility fee variance is, who might qualify, and how to navigate the application process.

What Is a Mobility or Impact Fee Variance?

A mobility or impact fee variance is a formal request to alter the standard mobility fee assessed by a local government. This can include a reduction in the fee amount, a deferral of payment, or an alternative calculation method. Variances are typically granted when an applicant can demonstrate that:

• Their project generates significantly less traffic than similar developments.
• The fee calculation does not accurately reflect the development’s actual impact.
• There are exceptional or unusual circumstances warranting an adjustment.

Who Can Apply for a Variance?

Anyone can apply for a mobility fee variance, but they should first talk with a traffic engineer if they have a valid opportunity for a fee reduction. The mobility fee is primarily dependent on the amount of traffic projected to the development, which is typically based on the Institute of Transportation Engineers (ITE) Trip Generation Manual. The following are a sample of valid reasons the trip generation rates published in the ITE Trip Generation Manual are not valid or a reduction is justified:

• Unique type of property,
• Mixed-use development,
• Located in an urban, walkable community,
• Close to public transit,
• Existing property on site that generates traffic which allows a reduction in net trips generated, and
• Expanding a facility but not increasing staff or services.

Mobility fee variances are most commonly sought by:

• Developers of affordable housing, senior housing, or transit-oriented developments.
• Nonprofit organizations.
• Property owners with existing infrastructure investments.
• Applicants developing in areas with underutilized infrastructure.
• Developments where the applied trip generation rates are not appropriate.
• Mixed-use developments.

Keep in mind that each jurisdiction has its own criteria, and approval is not guaranteed.

When to Apply

The ideal time to apply for a mobility fee variance is early in the development review process, typically during site plan or permit application submission. Applying too late can lead to project delays or missed deadlines.

Steps to Apply for a Mobility Fee Variance

Typically, the municipality is going to request a study that justifies the reduction. The study would analyze comparable sites to determine if a reduction in the trip generation rates is justified by conducting counts during peak periods. Below is an outline of the mobility fee variance application process.

1. Review Local Ordinances and Guidelines
   • Visit your local planning department’s website or contact a planning official.
   • Review the mobility fee schedule, variance criteria, and relevant forms.
2. Prepare a Justification Report
   • This report should clearly outline why the standard mobility fee is not applicable.
   • Include data such as:
     • Traffic impact analysis.
     • Trip generation studies.
     • Transit access.
     • Land use comparisons.
   • If your project aligns with public goals (e.g., reducing vehicle dependency), highlight that alignment.
3. Complete the Application Form
   • Provide all requested project details, including location, size, proposed use, and development timeline.
   • Attach all required documentation, including the justification report, site plans, and supporting studies.
4. Pay Any Applicable Application Fees
   • Some jurisdictions charge a processing fee for variance requests.
5. Submit the Application
   • Follow the specific submission process outlined by your local authority (online, mail, or in person).
6. Participate in the Review Process
   • The planning department will review your request and may schedule a hearing or meeting.
   • You may be asked to present your case before a planning board or commission.
7. Receive a Decision
   • The reviewing authority may approve, deny, or approve with conditions.
   • If denied, you may have the option to appeal.

Tips for a Successful Application

• Engage a Professional: Hiring a traffic engineer is typically required.
• Be Transparent: Clearly communicate the project’s benefits and how they offset potential mobility impacts.
• Stay Organized: Submit complete and accurate documentation to avoid delays.
• Follow Up: Stay in contact with planning staff to track your application’s progress.

Final Thoughts

A mobility fee variance can have a substantial payback depending on the amount of the reduction. Recently, MAPS conducted a mobility fee variance for a proposed Padel Court in Miami-Dade County, and was able to justify a mobility fee reduction of approximately $85k and the study only cost approximately $7k.

A mobility fee variance can offer meaningful financial relief for projects that contribute to community goals or have minimal traffic impacts. While the process can be technical and requires solid justification, understanding your local regulations and preparing a strong application increases your chance of success. Always consult with traffic engineering professionals and local officials to tailor your approach to the specific requirements of your jurisdiction. If you’re unsure where to begin, your city, county planning/development/traffic engineering department, or a knowledgeable traffic engineer is a great starting point for guidance.