2/13/2017 3:05:13 PM
9/30/2015 3:40:23 PM
Agenda Item Number
State Filed Date
Title X Amending
Impact Fee Exemption Amendments
Codified or Exempt
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ORDINANCE NO. 2005- 049 <br />AN ORDINANCE OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA <br />AMENDING INDIAN RIVER COUNTY ORDINANCE <br />N UMBER 2005-015 "TITLE X, IMPACT FEES"; <br />P ROVIDING FOR REMOVING THE NECESSITY OF <br />IMPAIRMENT TO EXISTING CONTRACTS BEFORE <br />IMPACT FEES CAN BE WAIVED; PROVIDING FOR <br />S ETTING DECEMBER 30, 2005, AS THE DATE TO <br />S UBMIT CONTRACTS FOR CONSIDERATION; <br />PROVIDING FOR ALL RECIPIENTS OF IMPACT FEE <br />E XEMPTIONS TO FILE COMPLETED APPLICATIONS <br />FOR BUILDING PERMITS BY JUNE 30, 2006; PROVIDING <br />FOR CODIFICATION; PROVIDING FOR SEVERABILITY; <br />AND PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, effective July 1, 2005, Ordinance 2005-015 imposed several new <br />impact fees on new construction in the County; and <br />WHEREAS, this resulted in an approximate $6,000.00 increase for the cost of <br />n ew, single family homes constructed in the County. <br />WHEREAS, even though a saving clause was included in the new impact fee <br />o rdinance, many home buyers and home builders complained that the increase in fees <br />was unfair to people that had signed a contract to build a home but had not yet reached <br />the stage of applying for a building permit. <br />WHEREAS, an additional $6,000 expense for many homebuyers may prevent <br />them from buying a house; and <br />WHEREAS, the Commission did not want the new impact fee ordinance to <br />prevent people from purchasing homes they had already contracted to build; and <br />WHEREAS, the Board removed the requirement that application of the <br />ordinance would impair the obligations of the contract by use of the pending ordinance <br />doctrine at their September 6, 2005 meeting; and <br />WHEREAS, staff was directed to meet with local builders and developers in an <br />attempt to work out a solution to the assessment of the new impact fees upon existing <br />contracts for construction of new homes. <br />WHEREAS, as this ordinance proposes changes to the County's land <br />development regulations, the amendment was presented to the Professional Services <br />Advisory Committee for comment. The Planning and Zoning Commission held a public <br />1 <br />F:\Attorney\Bill\Ordinance Amendments\All Completed Ordinances\Impact Fees\Amended ordinance.doc <br />
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