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CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS Sec. 1010.01. Sec. 1010.02. • Sec. 1010.03. Sec. 1010.04. Sec. 1010.05. Short title; statutory authority; applicability. Findings. Establishment of a fee schedule. Credit against payment of traffic impact fees. Use of funds collected and trust funds. Section 1010.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the "Indian River County Traffic Facilities and Fair Share Roadway Improvements Ordinance." (2) The board of county commissioners has authority to adopt this chapter through its general non -charter home rule powers pursuant to Article VIII of the 1968 Florida Constitution, as amended, and Section 125 and 163, Florida Statutes. (3) This chapter shall apply to the unincorporated area of Indian River County, and to the incorporated areas of Indian River County. !iii 0.02. Findings. ddition to those findings and determinations found in Chapter 1000, the board of missioners makes the following findings and determinations: existing traffic facilities are t witt decreasing the exitrafficilities level of seryhour, peak season, peak direction conditions. Section 1010.03 Establishment of a fee schedule. (1) Any person who shall initiate any new land development activity generating traffic shall pay a "fair share roadway improvements fee" for the land development activity as established by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or the manner set forth in subsection 1010.03(2). (2) As an alternative to the fee schedule, a feepayer may opt to conduct an individual assessment of fiscal impact of land development activity on the major road network. Such assessment shall be based on a traffic impact analysis. For individual assessments, the following criteria shall apply: (A) The ' fair share roadway improvements fee" shall be determined by the individual assessment of the fiscal impact of land development on the major road network if: 1. Any person commencing land development activity generating traffic which increases demand chooses to have the fee determined by the individual assessment and pays to the county an individual assessment review fee as established by the board of county commissioners by ordinance or resolution; or 2. The proposed land development activity requires a development of regional impact or building permit and the county administrator or his designee determines the nature, timing or location of the proposed development makes it likely to 17