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k <br />proposed land development activity is substantially different from the fee set down <br />in section 1000.08(1), the amount of the "fair share roadway improvement fee" shall <br />be varied from that in the fee schedule to an amount consistent with the amount <br />determined in the individual assessment. <br />Section 1010.04. Credit against payment of traffic impact fees. <br />(1) Any person who shall commence any land development activity generating traffic may <br />apply for a credit against any fee owed pursuant to the provisions of this chapter for any <br />improvement listed on the 20 year Capital Improvement Plan of Indian River County or the 20 <br />year Capital Improvement Plan of any municipality participating in this chapter, including any <br />contribution, payment or construction made pursuant to a development order issued by Indian <br />River County or any participating municipality pursuant to its local development regulation or <br />Section 380.06, Florida Statutes, or any additional development requirement imposed by the <br />Florida Land and Water Adjudicatory Commission on a development of regional impact. <br />(2) The credit shall be in an amount equal to the market value of the capital improvement on <br />the date of the contribution, payment, construction or land dedication. No credit shall exceed the <br />fee for the proposed impact generating activity imposed by this chapter, unless a credit <br />(developer's) agreement is completed which provides use of excess credits and stipulates how the <br />excess credits will be applied toward additional lands owned by a developer within the same <br />traffic impact fee benefit district. <br />(3) No credit shall be granted for any costs, contribution, payment, construction or land <br />received by Indian River County or any municipality participating in this chapter where such <br />costs were incurred or contributions made in relation to development for which a building permit <br />was issued prior to March 1, 1986. <br />(4) No credit shall be granted for any costs, contribution, payment, construction or land <br />received by Indian River County or any municipality participating in this chapter if said costs, <br />contribution, payment, construction or land dedication is received or made before a credit <br />agreement is approved by the county administrator or his designee and is fully executed by all <br />applicable parties. Any claim for credit not so made and approved shall be deemed waived. <br />(5) The determination of any credit amount shall be undertaken through the submission of a <br />proposed credit agreement, on an application form provided by the county, to the county director <br />of community development for initial review before submission to the county administrator. <br />Within twenty (20) days of receipt of a proposed credit agreement, the community development <br />director or his designee shall determine if the proposal is complete If it is determined that the <br />proposed agreement is not complete, the director of community development or his designee <br />shall send a written statement to the applicant outlining the deficiencies. The county shall take no <br />further action on the proposed credit agreement until all application submittal deficiencies have <br />been corrected or otherwise settled. <br />(6) Once the proposal is determined to be complete, the county administrator or his designee <br />shall, within thirty (30) days of such a determination, review the proposed agreement, and shall <br />approve said agreement if the provisions and requirements of this chapter are satisfied. <br />(A) No credit shall be given for site -related improvements or site -related right-of-way <br />dedications. <br />(B) Site -related improvements are capital improvements and right-of-way dedications <br />for direct access to and/or within a development. Direct access improvements include, <br />but are not limited to, the following: <br />19 <br />