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• Section 953.04. Purpose. It is the purpose of this chapter to: (1) Plan for the necessary capacity expansion of Indian River county's major road network system to ensure the safety and efficiency of the county's roads and to provide for the health, safety, welfare and economic well being of the citizens of Indian River County, is consistent with the mandated responsibility of the county pursuant to Section 163.3161 et seq. Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, and Section 125.01, Florida Statutes. (2) Implement and be consistent with the Indian River County Comprehensive Plan and the Florida Local Government Comprehensive Planning and Laud Development Regulation Act, Section 163.3161 et seq., Florida Statutes. (3) Require all new land development activity that places additional demand on the county's major road network system to contribute its proportionate share of the funds, land or public facilities to accommodate any transportation impacts having a rational nexus to the proposed development and for which the need is reasonably attributable to the proposed development. (4) Ensure that no funds, land or public facilities are collected from new land development activity in excess of the actual amount necessary to offset the demand on the county's major road network system generated by the new land development activity. This chapter is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established in Contractors and Builders Association of Pinellas County V. City of Dunedin, 320 So.2d 314 (Fla. 1976), and Homebuilders and Contractors Association of Palm Beach County V. Palm Beach County. 446 So.2d 140 (Fla. 4th DCA 1983). (Ord. No. 90-16, § 1, 9-11-90) Section 953.05. Resetwed. Legislative Finding. The Board of County Commissioners of Indian River County finds, determines, and declares that the report entitled '11&ate of the Fairshare Roadway Impact Ordinance, Final Report". dated September 1998, sets forth a reasonable methodology and analysis for determination of the impact of new development on the need for and costs of additional right -0f -way. road constntction. and road improvements in Indian River County. Section 953.06. Definitions. Definitions used in this chapter are included in Chapter 901. (Ord. No. 90-16, § 1, 9-11-90) Section 953.07. Fee. (1) Payment of fair share fee prior to issuance of building permit. (a) Any person who shall commence any land development activity generating traffic that creates an increased demand on the county's major road network system shall be obligated to pay a "fair share roadway improvements fee' in the manner and the amount set forth in this section. (b) The fee shall be paid to the county administrator or his designee, prior to issuance of a building permit for the development and no building permit shall be final until any applicable fee has been paid. If the building permit is for less than the entire development, the fee shall be computed separately, for the amount of development covered by the permit. The obligation to pay the fee shall run with the land. (c) The impact fee shall be computed on the assumption that the property will be developed in the manner that will generate the maximum impact permitted under the applicable laws_-; 95 n T (d) Any person who, prior to the effective date of this chapter, agreed as a condition of development approval to pay impact fees shall be responsible for the payment of the fees under the terms of such agreement, and the payment of such fees by the person will be offset against any impact fees otherwise due at later stages of the development activity for which the fee was paid. MAY 119 1999 U1 BOOK Phu •