HomeMy WebLinkAbout1999-14PROPOSED LDR AMENDMENTS
FOR MAY 11, 1999 BOARD OF COUNTY COMMISSIONERS MEETING
ORDINANCE NO. 99m 14
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DATE,0 all
EFFECTIVE
COUNTY,•' 11 • THAT THE INDIAN•DEVELOPMENT
REGULATIONS (LDRS)I • •
1. CHAPTER 953. FAIR SHARE ROADWAY IMPROVEMENTS
Sec. 953.01.
Short
title.
Sec. 953.02.
Authority
to
enact chapter.
Sec. 953.03.
Applicability.
Sec. 953.04.
Purpose,
Sec.
953.05.
Reser-Nred.
Legislative
Finding.
Sec.
953.06.
Definitions.
Sec. 953.07.
Fee.
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additions. 1
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t;
This chapter shall be known and may be cited as the "Indian River County Fair Share Roadway
Improvements Ordinance."
(Ord. No. 90-16, § 1, 9-11-90)
Section 953.03.
Section
953.02.
953.01.
Short title.
chapter.
Sec. 953.09.
Interpretation
of the chapter
and fee
schedule.
Sec. 953.10.
Credit
against
payment of traffic
impact fees.
Sec. 953.11.
Review
of
fee
schedule.
Sec. 953.12.
Use of
funds
collected
and trust
funds.
Sec. 953.13.
Liberal
construction
and sept
severability.
Sec. 953.14.
Penalty.
This chapter shall be known and may be cited as the "Indian River County Fair Share Roadway
Improvements Ordinance."
(Ord. No. 90-16, § 1, 9-11-90)
Section 953.03.
Section
953.02.
953.01.
Short title.
chapter.
This chapter shall be known and may be cited as the "Indian River County Fair Share Roadway
Improvements Ordinance."
(Ord. No. 90-16, § 1, 9-11-90)
The board of county commissioners has authority to adopt this chapter through its general noncharter
home rule powers pursuant to Article VIII of the 1968 Florida Constitution, as amended and Sections 125
and 163, Florida Statutes.
(Ord. No. 90-16, § 1, 9-11-90)
Section 953.03.
Section
953.02.
Authority
to enact
chapter.
The board of county commissioners has authority to adopt this chapter through its general noncharter
home rule powers pursuant to Article VIII of the 1968 Florida Constitution, as amended and Sections 125
and 163, Florida Statutes.
(Ord. No. 90-16, § 1, 9-11-90)
This chapter shall apply to the unincorporated area of Indian River County, and to the incorporated
areas of Indian River County to the extent permitted by Article VIII, Section 1(f) of the 1968 Florida
Constitution.
(Ord. No. 90-16, § 1, 9-11-90)
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additions. 2
Section 953.03.
Applicability.
This chapter shall apply to the unincorporated area of Indian River County, and to the incorporated
areas of Indian River County to the extent permitted by Article VIII, Section 1(f) of the 1968 Florida
Constitution.
(Ord. No. 90-16, § 1, 9-11-90)
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additions. 2
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; I+ 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 Land 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, § 11 9-11-90)
The Board of County Commissioners of Indian River County finds, determines, and declares that the report
entitled "Update 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-of-way, road construction, and road improvements in Indian River County.
Section
Section
953.06.
Section
953.05.
Hued.
Legislative
Finding.
words
The Board of County Commissioners of Indian River County finds, determines, and declares that the report
entitled "Update 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-of-way, road construction, and road improvements in Indian River County.
Definitions used in this chapter are included in Chapter 901.
(Ord. No. 90-16, § 1, 9-11-90)
Section
Section
953.06.
Definitions.
Coding:
Definitions used in this chapter are included in Chapter 901.
(Ord. No. 90-16, § 1, 9-11-90)
Section
953.07.
Fee.
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existing
are
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(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_,
953 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.
(2) Establishment of a fee schedule.
(a) Any person who shall initiate any new land development activity generating traffic, except
those preparing an individual assessment pursuant to sections 953.07(3) or 953.09(2) shall
pay a "fair share roadway improvements fee" for the land development activity as
established by the fee schedule set out herein for the district in which the new land
development activity is to be initiated. The district boundaries are shown on the current
Impact Fee Benefit .District Map which is attached hereto and incorporated herein by
reference.
(b) The impact fees in the fee schedule have been reduced by fifteen (15) percent. Applicants
preparing an individual assessment pursuant to subsection (3) of this section, shall also be
entitled to a fifteen (15) percent reduction in the fee amount determined through that
individual assessment.
(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_,
953 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.
(2) Establishment of a fee schedule.
(a) Any person who shall initiate any new land development activity generating traffic, except
those preparing an individual assessment pursuant to sections 953.07(3) or 953.09(2) shall
pay a "fair share roadway improvements fee" for the land development activity as
established by the fee schedule set out herein for the district in which the new land
development activity is to be initiated. The district boundaries are shown on the current
Impact Fee Benefit .District Map which is attached hereto and incorporated herein by
reference.
(b) The impact fees in the fee schedule have been reduced by fifteen (15) percent. Applicants
preparing an individual assessment pursuant to subsection (3) of this section, shall also be
entitled to a fifteen (15) percent reduction in the fee amount determined through that
individual assessment.
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(3) Individual assessment of fiscal impact of land development activity on the major road network:
the traffic impact analysis.
(a) The "fair share roadway improvements fee" shall be determined by the individual
assessment of the fiscal impact of land development on the major road network if:
Any
person commencing
individual
land development
assessment
shall
activity
the submission
generating traffic
which
traffic impact
increases
demand chooses
to have the
fee determined
by
the individual
assessment
and
pays to the county an
individual
assessment
review
fee
of five hundred
dollars
include
the
following
($500.00)
or any other
fee amount
established
by
the board
of county
2. The proposed land development activity requires a development of regional impact
or building permit and the county administrator or his designee determines the
nature, timing or location of the proposed development makes it likely to generate
impacts costing substantially more to accommodate than the amount of the fee that
would be generated by the use of the fee schedule_
(b)
The
individual
assessment
shall
be undertaken through
the submission
in
of a
traffic impact
from
law. Words
words strikes are existing
analysis,
additions.
which
5
include
the
following
information:
shall
The projected trip generation rates for the proposed land development activity ate;
if apprieablepufsuafit -to seetien 953-47(3)(a)3.,
aefivity. Tfip genefation fates shall be assessed. based on the average daily traffic
of the proposed land development activity:: ,
basis. The trip generation rates shall be
based upon local empirical surveys of trip generation rates for the same or similar
land use types that meet methodological standards acceptable to the transportation
engineering profession. If local empirical surveys are not available, state and/or
national trip generation rate information can be used, if it is based on
methodological standards acceptable to the transportation engineering profession;
2. The prepesed-projected trip length and percent new ,tfip distfibutien, and tfa
mete trips geftefated ffe for the proposed land development activity
based on surveys of similar land use types
s rste ,
existingland
Trip length and
percent new trips,information shall be based upon local empirical surveys of similar
land use types or tfip length data compiled by the county administrator or his
designee for average trip lengths and percent new trips for similar land use types.
If local empirical surveys are not available, state and/or national trip length and
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from
law. Words
words strikes are existing
underlined are
additions.
5
present new trips information can be used, if it is based on methodological
standards acceptable to the transportation engineering eering profession. Trip dist-fibuti
develepffient that ; iste t with the r..dian n;,,o,. County r,,,,,pfebensiye N ,,.
3-7. The resulting impact fee for the proposed land development activity will be
calculated using the trip generation rate, trip length, and percent new trips,
developed in the preceding sections, along with the current impact fee equation
construction cost and credit equation factors. The amount ef any sheftfall between
the ete gas ,-„d heel se tai othef and the .,;r.,l
o� o 0 0�
n
(c) Prior to conducting an individual assessment, the applicant and/or his transportation planner
or engineer must schedule a pre -application conference with the county traffic engineer or
his designee to review the type of data and analysis needed and acceptable to the county.
The traffic impact analysis submitted pursuant to section 953.07(3)(&}x- and 3. shall be
submitted by the developer of the proposed land development activity and shall be prepared
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underlined are
additions.
by qualified professionals in the field of transportation planning or engineering, and shall
be submitted to the county administrator, or his designee. , the tr-affie ifflpaet analysis
the field of tfansper-tation plaiiiiingRf
(d) Within twenty (20) days of receipt of a traffic impact analysis, the county administrator or
his designee shall determine if it is complete. If the county administrator determines the
application is not complete, he shall send a written statement specifying the deficiencies by
certified mail to the person submitting the application. Unless the deficiencies are corrected,
the county administrator shall take no further action on the traffic impact analysis.
(e) When the county administrator determines that the traffic impact analysis is complete, he
shall notify the applicant of its completion within (5) days, and he shall review 4 the
analysis within twenty (20) days. If it is not reviewed within these timeframes, then the item
will be scheduled for the next available board of county commissioners meeting
(f) If on the basis of generally recognized principles of traffic engineering it is determined in
the individual assessment that the county's cost to accommodate the proposed land
development activity is substantially different t+an from the fee set down in section
953.07(2)(a), the amount of the "fair share roadway improvement fee" shall be varied from
that in the fee schedule to an amount consistent with the amount determined in the
individual assessment.
(g) Any person may appeal the county administrator's decision on his individual assessment by
filing a petition with the board of county commissioners within thirty (30) days of a decision
by the county administrator. In reviewing the decision, the board of county commissioners
shall use the standards established in section 953.07(3)(f).
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-25, §§ 15, 16, 8-31-94)
No building permit approval shall be issued until any applicable "fair share roadway improvements
fee" is paid according to these provisions. The obligation to pay the fee shall run with the land.
(Ord. No. 90-16, § 1, 9-11-90)
Section
953.08.
Interpretation of the chapter
Time of payment.
No building permit approval shall be issued until any applicable "fair share roadway improvements
fee" is paid according to these provisions. The obligation to pay the fee shall run with the land.
(Ord. No. 90-16, § 1, 9-11-90)
(1) Interpretation. Interpretation of all provisions of this chapter, including whether a proposed land
development activity is identified in one of the land use types in the fee schedule established in section
953.07(2)(a), shall be made by the county administrator, or his designee.
(2) Fair share fee determination for land development activity not included in fee schedule&.
(a) Any person who shall initiate any land development activity interpreted by the county
Section
953.09.
Interpretation of the chapter
and fee schedule.
(1) Interpretation. Interpretation of all provisions of this chapter, including whether a proposed land
development activity is identified in one of the land use types in the fee schedule established in section
953.07(2)(a), shall be made by the county administrator, or his designee.
(2) Fair share fee determination for land development activity not included in fee schedule&.
(a) Any person who shall initiate any land development activity interpreted by the county
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underlined are
'
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7
administrator or his designee as not included in the fee schedule established in section
953.07(2)(a) and traffic impact fee development policies report shall submit a request to the
county administrator or his designee for a fair share fee determination for the proposed land
development activity pursuant to the terms of this chapter. The fair share fee determination
shall be the "fair share roadway improvement fee" exacted for the proposed land
development activity pursuant to the terms of this chapter.
(b) The county administrator or his designee shall prepare the fair share fee determination
within thirty (30) days after a formal request has been made by any person who proposes to
initiate land development interpreted as not expressly included in the fee schedule in section
953.07(2)(a).
(c) In completing the fair share fee determination, the county administrator or his designee shall
consider the information outlined in section 953.07(3)(b) I,
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(d) Any person may contest the county administrator's fair share fee determination for his
proposed land development activity by preparing an individual assessment for the proposed
land development activity pursuant to section 953.07(3)(b), and submitting it to the county
administrator. The traffic impact analysis shall be prepared by qualified professionals in the
field of transportation planning or engineering and shall be processed and determined in
accordance with section 953.07(3)(d) through (g).
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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
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,
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type
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from
law.
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words
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underlined
additions.
9
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 agreement
if the provisions and requirements of seeti .r 953 10 this chapter are satisfied.
(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:
Access roads leading to and from the development;
2. The paving and/or improvement of a thoroughfare plan roadway segment, as atWe-
lane f4e-ility 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;
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(a) No credit
in
shall be given
for site -related
improvements
or site
-related
right-of-way
words
strike -thr-eu
are existing
dedications.
underlined are
(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:
Access roads leading to and from the development;
2. The paving and/or improvement of a thoroughfare plan roadway segment, as atWe-
lane f4e-ility 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;
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4. Acceleration and deceleration lanes, and right and left turn lanes leading to those
roads and driveways within the development;
Traffic control devices (including signs, marking, channelization and signals) for
those roads and driveways within the development.
(c) No credit shall be given for improvements or right-of-way dedications unless such
improvement(s) or dedication(s) meets an expansion need of the county's road network
system whieh and is identified either in the county's twenty-year transportation capital
improvements program or in the transportation capital improvements program of a
municipality participating in this cha ter..
(7) All required right-of-way dedications and/or roadway improvements, which are compensable,
made by a fee payer subsequent to October 9, 1992, shall be creditable against road impact fees otherwise
due or to become due for the development that prompted the county or the municipality to require such
dedications or roadway improvements. Such credits shall be determined as provided as set forth herein.
(8) Credit for the dedication of non -site related right-of-way shall be valued as of the date of the
dedication at one hundred fifteen (115) percent of the most recent assessed value by the Indian River County
property appraiser or, at the option of the fee payer, by fair market value established by an independent
private appraisal approved bX the county public works
department and at no expense to the county. Credit for the dedication of right-of-way shall be provided when
a credit agreement has been approved by the county administrator or his designee and when the property has
been conveyed at no charge to and accepted by the county, or if appropriate, a municipality participating in
this chapter in a manner satisfactory to the governing body to which the dedication is made. As part of the
referenced county credit agreement, the applicant shall supply to the county at his or her own expense, the
following:
(a) A drawing and legal description of the land; and
(b) A certificate of title or title search of the land.
(9a) To receive a credit for construction ofn non -site related road improvements, an applicant shall
submit to the county director of community development a proposed credit agreement application pursuant
to section 953.10), along with engineering drawings and specifications, and construction cost estimates
prepared and certified by a duly qualified and licensed Florida Engineer. The county director of community
development or his designee will coordinate review and approval of the application with the county public
works director. The county public works director shall determine credit for roadway construction based on
either these costs estimates or an alternative engineering criterion and construction cost estimate if the county
public works director determines that such estimates submitted by the applicant are either unreliable,
inaccurate or in excess of normal construction costs for such project.
(10b) Credit for non -site related construction is limited to capital improvements. A capital
improvement includes preliminary engineering, engineering design studies, land surveys, engineering,
permitting, and construction of all necessary features for any road construction project including, but not
limited to:
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A. Construction of er new through lanes;
b2. Construction of new turn lanes (not related to the project site);
C-31 Construction of new bridges;
d4. Construction of new drainage facilities in conjunction with new roadway
construction;
e-5. Purchase and installation of traffic signalization, including new upgraded
signalization and other traffic control devices (not related to the project site);
fg. Construction of curbs, medians, and shoulders (not related to the project site); and
(-I 11) In order to maintain the pro rata or proportionate share purpose of the Fair Share Roadway
Improvement Ordinance, it is necessary that a uniform method be used countywide in determining credit
against fee. Therefore, the county, when considering compensation or credit for the road right-of-way, shall
apply the right-of-way standards it has established in the unincorporated areas throughout the entire county.
i.e—., Accordingly, dedication of the minimum local road widths (sixty (60) feet with swale; fifty (50) feet with
curb and gutter) is non -compensable, thus putting the unincorporated areas and the incorporated areas in the
same posture thereby maintaining the integrity of the pro rata or proportionate share concept.
(12 4) Credits shall not be transferable from one project or development to another without the
approval of the county administrator or his designee. Credit
Aransfers 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
project or development where the credits are being transferred to. upen a finding by the board of eounty
eemfnissienefs that the dedieation E)r- fight of ;,Nray of fead eenstfuetieft far- Arhieh the efedit was given
befiefits suehd:ffe nt et foo distfiets
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 289 9-29-92)
g-7. Relocating
utilities
to accommodate new roadway construction.
Review of fee
(-I 11) In order to maintain the pro rata or proportionate share purpose of the Fair Share Roadway
Improvement Ordinance, it is necessary that a uniform method be used countywide in determining credit
against fee. Therefore, the county, when considering compensation or credit for the road right-of-way, shall
apply the right-of-way standards it has established in the unincorporated areas throughout the entire county.
i.e—., Accordingly, dedication of the minimum local road widths (sixty (60) feet with swale; fifty (50) feet with
curb and gutter) is non -compensable, thus putting the unincorporated areas and the incorporated areas in the
same posture thereby maintaining the integrity of the pro rata or proportionate share concept.
(12 4) Credits shall not be transferable from one project or development to another without the
approval of the county administrator or his designee. Credit
Aransfers 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
project or development where the credits are being transferred to. upen a finding by the board of eounty
eemfnissienefs that the dedieation E)r- fight of ;,Nray of fead eenstfuetieft far- Arhieh the efedit was given
befiefits suehd:ffe nt et foo distfiets
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 289 9-29-92)
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
953.11.
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)
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(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 Pine (39) 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 orijzinal 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 accordin to o the provisions of this
ordinance. The original impact 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 (3 1) 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.
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 Pine (39) 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 orijzinal 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 accordin to o the provisions of this
ordinance. The original impact 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 (3 1) 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.
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(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
fees must be refunded if they are to be committed within that time for capacity expansion
of the bridge facilities connecting Orchid Island and the mainland. Such an extension shall
be made upon a finding that within such three-year period bridge facility improvements are
planned to be constructed that are reasonably attributable to the feepayer's land development
activity. "Fair share roadway improvement fees" collected shall be deemed to be spent on
the basis of the first fee collected shall be the first fee spent for roadway improvements.
(b) The refund of "fair share roadway improvements fees" shall be undertaken through the
submission of a refund application to be submitted within one year following the end of the
sixth year from the date on which the "fair share roadway improvements fee" was paid. If
the time of refund has been extended pursuant to section 953.12(5)(a), the refund application
shall be submitted within one year following the end of this extension. The refund
application shall include the following information:
A notarized sworn statement that the feepayer paid the "fair share roadway
improvements fee" for the property and the amount paid;
A copy of the receipt issued by the county for payment of the fee; and, if applicable,
(c) Within twenty (20) days of receipt of the refund application, the county administrator or his
designee shall determine if it is complete. If the county administrator or his designee
determines the application is not complete, he shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies are
corrected, the county administrator shall take no further action on the refund application.
(d) When the county administrator or his designee has determined that the refund application
is complete, he shall review it within twenty (20) days, and shall approve the proposed
refund if he determines the feepayer has paid a "fair share roadway improvements fee,"
which the county has not spent (entered) or (encumbered through a construction
contract) -within the time established in section 953.12(5)(a).
(e) Any feepayer or his successor in interest, if applicable, may appeal the county
administrator's decision on his refund application, by filing a petition with the Indian River
County Board of County Commissioners within thirty (30) days of a decision by the county
administrator. In reviewing the decision, the board of county commissioners shall use the
standards established in section 953.12(5)(4}.
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Certified
proof that the applicant
is the successor
in
interest to the
feepayer.
underlined
(c) Within twenty (20) days of receipt of the refund application, the county administrator or his
designee shall determine if it is complete. If the county administrator or his designee
determines the application is not complete, he shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies are
corrected, the county administrator shall take no further action on the refund application.
(d) When the county administrator or his designee has determined that the refund application
is complete, he shall review it within twenty (20) days, and shall approve the proposed
refund if he determines the feepayer has paid a "fair share roadway improvements fee,"
which the county has not spent (entered) or (encumbered through a construction
contract) -within the time established in section 953.12(5)(a).
(e) Any feepayer or his successor in interest, if applicable, may appeal the county
administrator's decision on his refund application, by filing a petition with the Indian River
County Board of County Commissioners within thirty (30) days of a decision by the county
administrator. In reviewing the decision, the board of county commissioners shall use the
standards established in section 953.12(5)(4}.
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additions.
(6) Refund of fair share fee upon cancellation of land development activity due to
noncommencement.
(a) Any "fair share roadway improvements fees" collected shall be refunded to the feepayer or
his successor in interest, if the land development activity generating traffic is canceled due
to noncommencement, and if the fees have not been spent (eaet mbered4 or (encumbered
through a construction contract) unless the applicant has waived his right for a refund of his
traffic impact fee by obtaining an extended concurrency determination certificate pursuant
to Chapter 910 of the county land development regulations. The refund shall include 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. .
"Fair share roadway improvement fees" collected shall be deemed to be spent (enetiffi
or (encumbered through a construction contract) on the basis of the first fee collected shall
be the first fee spent for the roadway improvement.
(b) The refund of "fair share roadway improvement fees" shall be undertaken within ninety (90)
days of noncommencement through the submission of a refund application, which
application shall include the following information:
A notarized sworn statement that the feepayer paid the "fair share roadway
improvements fee" for the property and the amount paid;
2. A copy of the receipt issued by the county for payment of the fee;
A certified copy of a certificate signed by the feepayer or his successor in interest
relinquishing the building permit received for the land development activity; and
if applicable,
(c) The
county administrator
or
his
designee shall
4. Certified
the refund
proof that the applicant
within
is a successor in
interest to the
feepayor.
and determine
(c) The
county administrator
or
his
designee shall
review
the refund
application
within
thirty
(30) days from the date of its
receipt
and determine
from
whether
the land development
activity
has been canceled due to noncommencement.
words
strike
are existing
underlined are
(d) Only those "fair share roadway improvement fees" paid for land development activity which
the county administrator determines has been canceled due to noncommencement and has
which have not been encumbered or spent shall be returned to the feepayer or his successor
in interest, with 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.
(e) Any feepayer or his successor in interest may appeal the county administrator's decision on
his refund application by filing a petition with the board of county commissioners within
thirty (30) days of the final decision of the county administrator. In reviewing the decision,
the county commission shall use the standards established in section 953.12(5)(4).
(Ord. No. 90-16, § 1, 9-11-90)
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(1) The provisions of this chapter shall be liberally construed to effectively carry out its purpose in
the interest of the public health, safety, welfare and convenience.
(2) All ordinances=:mss or parts of ordinances eseeters of Indian River County in conflict with
the provisions of this chapter are repealed to the extent of such conflict.
(3) If any section, phrase, sentence or portion of this chapter is for any reason held invalid or
unconstitutional, inoperative, or void by any court of competent jurisdiction, such portion shall be deemed
separate, distinct and an independent provision, and such holding shall not affect the validity of the remaining
portion of this chapter hereof and it shall be construed to have been the legislative intent to pass this
ordinance without such unconstitutional, invalid or inoperative part.
(Ord. No. 90-16, § 1, 9-11-90)
953.13.
Liberal
953.14.
Penalty.
Coding:
Section
construction and
seper-ability severability.
in
(1) The provisions of this chapter shall be liberally construed to effectively carry out its purpose in
the interest of the public health, safety, welfare and convenience.
(2) All ordinances=:mss or parts of ordinances eseeters of Indian River County in conflict with
the provisions of this chapter are repealed to the extent of such conflict.
(3) If any section, phrase, sentence or portion of this chapter is for any reason held invalid or
unconstitutional, inoperative, or void by any court of competent jurisdiction, such portion shall be deemed
separate, distinct and an independent provision, and such holding shall not affect the validity of the remaining
portion of this chapter hereof and it shall be construed to have been the legislative intent to pass this
ordinance without such unconstitutional, invalid or inoperative part.
(Ord. No. 90-16, § 1, 9-11-90)
(1) Any building permit used for new construction as covered by these provision but without
payment of the "fair share roadway improvements fee" as required by these provisions shall be void.
�etr_e �s�rr.
(Ord. No. 90-16, § 1, 9-11-90)
Section
953.14.
Penalty.
Coding:
(1) Any building permit used for new construction as covered by these provision but without
payment of the "fair share roadway improvements fee" as required by these provisions shall be void.
�etr_e �s�rr.
(Ord. No. 90-16, § 1, 9-11-90)
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If
Impact Fee Benefit Districts
Indian River County Traffic Impact Fees Payment Schedule
Land Use Unit Rate
Residential:
Single Family du $19523
Accessory Single -Family du $830
Multi -Family du $830
Mobile Home du $568
Hotel room $960
Motel room $512
Nursing Home bed $159
ACLF bed $129
Office and Financial:
Medical Office 1,000 gsf $4,542
Bank 1,000 gsf $4,603
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additions.
Land Use Unit Rate
Bank w/Drive-In 1,000 gsf $79801
Office under 10,000 GSF 1,000 gsf $2,644
Office over 10,000 GSF 1,000 gsf $15550
Industrial:
Manufacturing 1,000 gsf $446
Warehouse 1,000 gsf $570
Mini -Warehouse 1,000 gsf $292
General Industrial 1,000 gsf $814
Concrete Plant acre $1,822
Sand Mining acre $234
Retail:
Retail under 10,000 GSF 1,000 gsf $3,387
Retail 10,001 to 50,000 GSF 1,000 gsf $27436
Retail 50,001 to 100,000 GSF 1,000 gsf $29170.
Retail 100,001 to 200,000 GSF 1,000 gsf $19913
Retail over 200,000 GSF 1,000 gsf $1,971
Gas Station fueling pos. $1,859
New and Used Auto Sales 1,000 gsf $3,847
Quality Restaurant 1,000 gsf $57753
Restaurant 1,000 gsf $7,625
Fast Food Restaurant 19000 gsf $119468
Supermarket 1,000 gsf $39720
Auto Repair 1,000 gsf $29645
Car Wash stall $4,882
Convenience Store 1,000 gsf $7,230
Convenience Store with Gas and Fast Food fueling pos. $6,289
Furniture Store 1,000 gsf $467
Recreational:
Golf Course acre $702
Racquet Club 1,000 gsf $17904
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23
Land Use Unit Rate
County Park acres $223
Tennis Court court $39301
Marina berth $329
Governmental:
Post Office 1,000 gsf $007
Library 1,000 gsf $5,827
Government Office 1,000 gsf $8,047
Jail bed $131
Miscellaneous:
Day Care Center 1,000 gsf $29944
Hospital 1,000 gsf $19829
Veterinary Clinic 1,000 gsf $1,168
Church 1,000 gsf $873
Movie Theater w/ Matinee screens $7,568
School (Elementary) student $39
School (High) student $149
School (College) student $297
Fire Station (w/o beds) 1,000 gsf $329
Note: gsf = gross square feet
(Ord. No. 96-6, § 16, 2-27-96; Ord. No. 96-24, § 59 12-17-96)
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2. REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board of County Commissioners of
Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated
portion of Indian River County which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
3. CODIFICATION
The provisions of this ordinance shall be incorporated into the county code and the word
"Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this
ordinance may be renumbered or relettered to accomplish such intentions.
4. EFFECTIVE DATE
The provisions of this ordinance shall become effective on October 1st , 1999. However, in
recognition of the improved data and analysis underlying this revision to the Indian River County Fair
Share Roadway Improvements Ordinance, any fee payer who may benefit from the fee schedule
adopted herein may elect to pay the new fees adopted herein upon filing of this ordinance with the
Department of State.
This ordinance was advertised in the Vero Beach Press -Journal on the 28' day of April, 1999,
for public hearing to be held on the I I' day of May, 1999, at which time at the final hearing it was
moved for adoption by Commissioner. G i n n , seconded by Commissioner
A ria m s , and adopted by the following vote;
Chairman Kenneth R. Macht Aye
Vice -Chairman Fran B. Adams Aye
Commissioner Ruth Stanbridge Aye
Commissioner Caroline D. Ginn A y e
Commissioner John W. Tippin Aye
The majority having voted approval, the ordinance was adopted by the Board of County
Commissioners of Indian River County, Florida on this I I' day of May, 1999.
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25
By
enneth R. Macht;Lrmwn.
, .'
x
ATTEST BY:40 7
=t
x JefK arton, Cly
Filed with the Department of State on the c 0 ;day of
Acknowledgment by the Department of State oft e State.,of Florida thisc day o 1999.
MMILCOILTAMIMMAN, 110JIM11"MAIINKSIONVI
William G. Collins
Deputy County Attorney
Community Development
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26