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I BOOK �� PAGE � 9.A. PUBLIC HEARING - ORDINANCE NO. 99-014 AMENDING CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS (TRAFFIC IMPACT FEE) ORDINANCE - LAND DEVELOPMENT REGULATIONS PROOF OF PUBLICATION OF ADVERTISE VERfr FOR BEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of May 4, 1999: TO: James E. Chandler County Administrator FROM: Robert M. Keating, AICP AAA K Community Development Director DATE: May 4,1999 RE: REQUEST TO AMEND CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS ORDINANCE. OF THE LAND DEVELOPMENT REGULATIONS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 11, 1999. DESCRIPTION & CONDITIONS In 1986, Indian River County adopted its Fair Share Roadway Improvements (Traffic Impact Fee) Ordinance. That ordinance, which was subsequently incorporated in the County's land development regulations (LDR's), was modeled after other traffic impact fee ordinances which had been challenged in court and found to be legal. Consequently, the county's current ordinance was structured to incorporate provisions, deemed necessary based on court decisions, to make the ordinance legally enforceable. Recently, a study of the County's current traffic impact fee ordinance was undertaken. That study resulted in various proposed changes to the existing ordinance. Those changes are reflected in the proposed land development regulation amendment. A copy of that proposed amendment and proposed revised development policies are attached to this agenda item. A copy of the final impact fee report is on file in the Board of County Commissioners office. On April 22, 1999, the Planning and Zoning Commission voted 7 to 0 to recommend that the Board of County Commissioners approve this amendment to Chapter 953, Fairshare Roadway Improvements Ordinance of the county's Land Development Regulations, and the revised Fairshare Roadway Improvements Development Policies. On April 28, 1999, the Professional Services Advisory Committee (PSAC) voted 6 to 0 to recommend that the Board of County Commissioners approve the revised Chapter 953, Fairshare Roadway Improvements Ordinance of the County's Land Development Regulations, and the revised Fairshare Roadway Improvements development policies. As part of its recommendation, the PSAC recommended that the Board of County Commissioners impose additional local option gas taxes and reduce impact fees a corresponding amount. Also, the PSAC recommended that the timing of the impact fee payment be revised from building permit issuance to certificate of occupancy. Purpose of the Traffic Impact Fee Ordinance The purpose of a traffic impact fee ordinance is to generate revenue from new development projects to pay for their fair share of the cost of needed roadway capacity improvements. Implementation of that ordinance involves charging each new development an amount of money that corresponds to the cost to construct the number of miles of roadway needed to accommodate the amount of traffic generated by that development project. Simplified, the traffic impact fee ordinance requires new development to pay for its fair share of roadway improvements. MAY 119 1999 24