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ORDINANCE 2012-004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1000.15 OF THE CODE OF INDIAN RIVER COUNTY; ESTABLISHING A PROCEDURE FOR REFUNDING CERTAIN IMPACT FEES WHICH ARE NOT ENCUMBERED OR SPENT WITHIN SPECIFIED TIME PERIODS; ESTABLISHING AUTHORITY TO EXTEND THE TIME PERIOD WITHIN WHICH CERTAIN IMPACT FEES MUST BE ENCUMBERED OR SPENT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, since 1986, the Code of Indian River County has provided that certain impact fees which are not spent or encumbered within approximately six years shall be refunded upon application of the fee payer (1986 — 2005) or the current property owner (2005 to present), which provision is currently set forth in section 1000.15 of the Code; and WHEREAS, from 1986 to 2005, the Code set forth a specific procedure for the County to receive and review impact fee refund applications; however, section 1000.15 of the Code, which has been in effect since 2005, does not provide a specific refund procedure; and WHEREAS, the Board of County Commissioners has determined that the public interest will be served by amending section 1000.15 of the Code to provide a specific refund procedure, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes, vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the County. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Amendment of Section 1000.15 of the Code. Section 1000.15 of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline; deleted language indicated by s#ikethr-ettgh):