2014-016 - Laserfiche WebLink

Home Browse Search

- CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS (8) Credit for the dedication of non -site related right-of-way shall be valued on the date of the dedication at one hundred fifteen (115) percent of the most recent assessed value by the Indian River County property appraiser or, at the option of the fee payer, by fair market value established by an independent private appraisal approved by the county public works department and at no expense to the county. Credit for the dedication of right-of-way shall be provided when a credit agreement has been approved by the county administrator or his designee and when the property has been conveyed at no charge to and accepted by the county or, if appropriate, a municipality participating in this chapter in a manner satisfactory to the governing body to which the dedication is made. As part of the referenced county credit agreement, the applicant shall supply to the county at his or her own expense, the following: (A) A drawing and legal description of the land; and (B) A certificate of title or title search of the land. (9) To receive a credit for construction of non -site related road improvements, an applicant shall submit to the county director of community development a proposed credit agreement application pursuant to this chapter, along with engineering drawings specifications, and construction cost estimates prepared and certified by a duly qualified and licensed Florida Engineer. The county director of community development or his designee will coordinate review and approval of the application with the county public works director. The county public works director shall determine credit for roadway construction based on either these costs estimates or an alternative engineering criterion and construction cost estimate if the county public works director determines that such estimates submitted by the applicant are either unreliable, inaccurate or in excess of normal construction costs for such project. (10) Credit for non -site related construction is limited to capital improvements. A capital improvement includes engineering design studies, land surveys, permitting, and construction of all necessary features for any road construction project including, but not limited to: (A) Construction of new through lanes; (B) Construction of new turn lanes (not related to the project site); (C) Construction of new bridges; (D) Construction of new drainage facilities in conjunction with new roadway construction; (E) Purchase and installation of traffic signalization, including new upgraded signalization and other traffic control devices (not related to the project site); (F) Construction of curbs, medians, and shoulders (not related to the project site); and (G) Relocating utilities to accommodate new roadway construction. (11) In order to maintain the pro rata or proportionate share purpose of the Fair Share Roadway Improvement Ordinance, it is necessary that a uniform method be used countywide in determining credit against fee. Therefore, the county, when considering compensation or credit for road right-of- way, shall apply the right-of-way standards it has established in the unincorporated areas throughout the entire county. Accordingly, dedication of the minimum local road width (sixty (60) feet with swale; fifty (50) feet with curb and gutter) is non -compensable, thus putting the unincorporated areas and the incorporated areas in the same posture and thereby maintaining the integrity of the pro rata or proportionate share concept. (12) Credits shall not be transferable from one project or development to another without the approval of the county administrator or his designee. Credit transfers may be approved only when the project or development where the credits are being transferred from is within the same impact fee district as the project or development where the credits are being transferred to. {Ord. Na. 2005-015, 5-17-05} Updates are shown with StFoke *"•^ and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 33