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ORDINANCE NO. 2015- 011 Section 3. Amendment of Section 201.09D, "Impact Fees" of the Code. Section 201.09D of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline, and deleted language indicated by stri'kethrough): "D. Time payment of impact fees upon showing of hardship. The county may allow payment of the water and/or sewer impact fees in whole or in part over a period not to exceed five (5) years at such interest rate to be determined by the board. This period may be extended to ten (10) years if the applicant can successfully demonstrate to the department that all other funding sources have been exhausted and provided the department does not have a cash flow problem. In cases where private communities are served by a private package water system and the private package water system has been formally declared in violation of acceptable water quality standards by the Florida Department of Environmental Protection and the private community is requested to connect to the county water system, the county, at its sole option, may allow for a connection to the county water system. Under the foregoing circumstances, the private community will be required to pay the current related water system impact and water hook up fees. If the private community can sufficiently demonstrate, to the reasonable satisfaction of the county, that the unforeseen payment of these impact and water hook up fees are a financial burden, and that all other funding sources have been exhausted and provided the department does not have a cash flow problem, the county may allow the financing of these charges for a period of up to twenty (20) years. A superior lien for any such amounts due shall be executed in recordable form reflecting the payment schedule and may be filed in the public records of Indian River County, Florida. Upon all payments being made in full, the lien shall be released of record. On any loan provided under this section, the department may reduce the interest rate to the currently approved annual interest rate charged by the County only if at least ten (10) percent of the outstanding principal of the loan is paid and after twenty-four (24) consecutive months of satisfactory payments." Section 4. Severability. If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the The Code of Indian River County, and that the sections of this ordinance may be renumbered or relettered, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention. 2