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(Ord. No. 90-16, § 1, 9-11-90) Section 953.10. Credit against payment of traffic impact fees. (1) Any person who shall commence any land development activity generating traffic may apply for a credit against any fee owed pursuant to the provisions of this chapter for any contribution, payment, construction, or land accepted and received by Indian River County or any municipality participating in this chapter, including any contribution, payment or construction made pursuant to a development order issued by Indian River County or any participating municipality Pursuant to its local development regulation or Section 380.06, Florida Statutes, or any additional development requirement imposed by the Florida Land onal and Water Adjudicatory Commission on a development of regional impact. (2) The credit shall be in an amount equal to the market value as of the date of the contribution, payment. construction or land dedication. No credit shall exceed the fee for the proposed impact generating activity imposed by this chapter, unless a credit (developer's) agreement is completed which provides use of excess credits and stipulates how the excess credits will be applied toward additional lands owned by a developer within the same traffic impact fee benefit district. (3) No credit shall be granted for any costs, contribution, payment, construction or land received by Indian River County or any municipality participating in this chapter where such costs were incurred or contributions made in relation to development for which a building permit was issued prior to March 1, 1986. (4) No credit shall be granted for any costs, contribution, payment, construction or land received by Indian River County or any municipality participating in this chapter if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the county administrator or his designee and is fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived. (5) The determination of any credit amount shall be undertaken through the submission of a proposed credit agreement, on an application form provided by the county, to the county director of community development for initial review before submission to the county administrator. Within twenty (20) days of receipt of a proposed credit agreement; the community development director or his designee shall determine if the proposal is complete. If it is determined that the proposed agreement is not complete, the director of community development or his designee shall send a written statement to the applicant outlining the deficiencies. The county shall take no further action on the proposed credit agreement until all application submittal deficiencies have been corrected or otherwise settled. (6) Once the proposal is determined to be complete, within thirty (30) days of such a determination, the county administrator or his designee shall review the proposed agreement, and shall grant said a if the provisions and requirements of seege s3 +9 agreement �_. �� s cha ter are satisfied. (a) No credit shall be given for site -related improvements or site -related right -of --way dedications. (b) Site -related improvements are capital improvements and right -of --way dedications for direct access to and/or within a development. Direct access improvements include, but are not limited to, the following: MAY 119 1999 Access roads leading to and from the development; The paving and/or improvement of a thoroughfare plan roadway segment. as-a-twe_ ice° where such improvement is necessary to provide paved access to and from the Project, if the roadway segment is not scheduled to be improved within five (5) Years from the time of the credit agreement, as shown on the adopted capital improvements program; Driveways and roads within the development; 45 BOOK%, F-AGc "'1