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2005-015
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2005-015
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Last modified
2/13/2017 2:52:35 PM
Creation date
9/30/2015 3:37:46 PM
Metadata
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Ordinances
Ordinance Number
2005-015
Adopted Date
05/17/2005
Agenda Item Number
9.A.1.
Ordinance Type
Impact Fees
State Filed Date
05\31\2005
Entity Name
Fair Share Roadway Improvements Amendment
Code Number
Chapter 953
Subject
Impact Fee Assessment and Collection
Archived Roll/Disk#
3126
Supplemental fields
SmeadsoftID
690
Document Relationships
2005-049
(Cover Page)
Path:
\Ordinances\2000's\2005
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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 />
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