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• (124-0 Credits shall not be transferable from one project or development to another without the approval of the county administrator or his designee Credit develeWmat in a diffefeal transfers may be approved only when the project or development where the credits are being transferred from is within the same impact fee benefit district as the protect or development where the credits are being transferred to. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 28, 9-29-92) Section 953.11. Review of fee schedule. Prior to the adoption of the annual budget in every even numbered year, the board of county commissioners shall receive a report from the county administrator or his designee on the review of the "fair share roadway improvements fee" schedule in section 953.07(2)(a), along with any recommended changes in the fee schedule. Changes in the schedule shall be based on any revisions to the population projections for the county, travel characteristics, road costs or inflation. (Ord. No. 90-16, § 1, 9-11-90) Section 953.12. Use of funds collected and trust funds. (1) Intent. Any "fair share roadway improvement fees" collected pursuant to the terms of this article are expressly designated for accommodation of impacts reasonably attributable to the proposed land development activity generating traffic as hereinafter provided in this section. (2) Establishment of fair share roadway improvement trust fund and trust accounts. There is hereby established the "fair share roadway improvements trust fund" (trust fund) for the purpose of ensuring that the fees collected pursuant to this chapter are designated for the accommodation of impacts reasonably attributable to the proposed land development activity generating traffic and are consistent with the Indian River County Comprehensive Plan. The trust fund shall be divided into three nine (339) separate trust accounts, one for each district as shown on the Current Impact Fee Benefit District Map which is attached hereto and incorporated herein by reference. Impact fees collected and deposited into the original nine trust accounts prior to the effective date of this ordinance shall be expended in the original district in which they were collected until all funds within said districts have been expended accordine to the provisions of this ordinance. The original LmM fee district boundaries are shown on the Interim Impact Fee Benefit District Map which is attached hereto and incorporated herein by reference. (3) Payment of fair share fees into trust accounts. "Fair share roadway improvement fees" collected pursuant to this chapter shall be paid into the trust accounts established for the district in which the new land development activity is proposed. (4) Expenditure of fair share fees in trust accounts. (a) Proceeds from the trust accounts shall be used exclusively for capital expansion of the county's major road network system as identified on the county's and/or other municipalities' Thoroughfare Plan Maps, in the district from which the monies have come, and in a manner consistent with the Indian River County Comprehensive Plan. , except that. until the trust fund accounts of the nine original benefit districts have been expended the following percent of proceeds from the nine (9) trust accounts may be used outside the district boundaries for capacity expansion of bridge facilities and their access roads connecting Orchid Island and the mainland: District I—thirty-one (31) percent; District II—nineteen (19) percent; District III --eight (8) percent; District IV—nine (9) percent; District V—ten (10) percent; District VI—four (4) percent; District VII—four (4) percent; District VIII—ten (10) percent; and District IX—five (5) percent. (b) Any funds in each of the trust accounts on deposit, not immediately necessary for expenditure, shall be invested in interest-bearing assets. All income derived from these investments shall be retained in the applicable trust account. (c) Each year, at the time the annual county budget is reviewed, the county administrator or his designee shall propose appropriations to be spent from the trust accounts. Any amounts not appropriated from the trust accounts by the county administrator or his designee, together with any interest earnings shall be carried over in the specific trust account to the following fiscal period. (5) Return of fair share fees if not encumbered for capital roadway improvements. (a) Any "fair share roadway improvements fees" collected shall be returned to the feepayer, or his successor in interest, if the fees have not been spent within six (6) years from the date the fees were paid, with simple interest at the same rate the County has earned over the same period on its pooled investment from the State Board of Administration Local Government Trust Fund . Provided, however, that the board of county commissioners may by resolution extend for up to three (3) years the date at which MAY 11, 1999 47 • BOOK 109 FAGS '57