HomeMy WebLinkAbout2006-011ORDINANCE 2006-01 l
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FOR AMENDMENTS TO CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM, BY
AMENDING TABLE OF CONTENTS, BY AMENDING DETERMINATION OF
CONCURRENCY, BY AMENDING DETERMINATION OF CONCURRENCY COMPONENTS
SECTION 910.09(4)(A), BY INCREASING POST BUILDING PERMIT ROAD
CONSTRUCTION COMMENCEMENT DATE FROM 2 YEARS FROM CERTIFICATE OF
OCCUPANCY TO 3 YEARS OF FIRST BUILDING PERMIT; BY ADDING NEW
PROPORTIONATE FAIR SHARE MITIGATION SECTION; BY PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) BE AMENDED AS FOLLOWS:
PART I: FINDINGS.
It is hereby ascertained, determined, and declared that:
A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 163.3202, 125.01,
and 125.66, Florida Statutes, the Board has all powers of local self-government and such
power may be exercised by the enactment of County ordinances.
B. The proportionate fair -share program provides a method by which the impacts of development
on transportation facilities can be mitigated by the cooperative efforts of the public and private
sectors.
PART II: AMENDMENTS TO CHAPTER 910, CONCURRENCY MANAGEMENT
SYSTEM, OF INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS
ORDINANCE.
1. Update of Chapter 910, Concurrency Management System, Table of Contents
Sec. 910,01.
Title, background and
intent.
Sec. 910.02.
Certificate of concurrency
determination.
Sec. 910.03.
No taking or abrogation of
Additions
vested rights,
Sec. 910.04.
Definitions.
Sec. 910.05.
Interpretation and
administration of the
Indian River County
Ordinance
Concurrency Management
System.
Sec. 910.06.
Establishment of fee for
concurrency review.
Sec. 910.07.
Development review
system.
Sec. 910.08.
Determination of
concurrency, generall .
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Sec. 910.09.
Determination of
concurrency, components.
Sec. 910.10.
Level of service standards
established in the
comprehensive plan.
Sec. 910.11.
Determination of
concurrency specifically.
910.12
Proportionate Fair -Share
Mitigation
Sec. 910.4-2.13
Appeal process and vested
rights determination.
Sec. 910.413.14
Assignability and
transferability,
2. Increase PostmQ0. Building Permit Road Construction Commencement Date from 2
years to 3 years and to make Chapter 910 consistent with the adopted CIE.
LDR Section 910.09(4)(a) is hereby amended, to read as follows:
(4) Transportation.
(a) Transportation supply (capacity). Transportation supply must shall be
determined on a segment by segment basis. For concurrency purposes, all
segments on the county's thoroughfare plan mus shall be considered.
Capacity for segments will be based either on FDOT's generalized capacity
tables or individual segment capacity studies approved by the public works
director pursuant to the criteria specified in Chapter 952, Traffic.
Transportation supply for each segment is:
1. The segment's existing peak hour, peak season, peak direction
capacity; or
2. The segment's new roadway capacity if facility expansion for the
segment is proposed and if:
a. At the time the development order or permit is issued, the facility
expansion is in laee o under construction; or
b. A development order or permit is issued subject to a condition
that the facility expansion needed to serve the new
development is included in the county's adopted five-year
schedule of capital improvements and is scheduled to be in
place or under actual construction not more than three (3)
years after issuance of the project's first building permit or its
functional equivalent. For purposes of this section, the county
may recognize and include transportation proiects included in
the first three years of the adopted Florida Department of
Transportation five year work program. In order to apply
this provision to a facility expansion project, the Capital
Improvements Element must include the following policies.
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i. The estimated date of commencement of actual
proiect construction and the estimated date of proiect
completion (for Indian River County, this is included
in policy 5.11 of the county's CIE and within
Appendix B of the county's CIE), and
ii. A provision that a plan amendment is required to
eliminate, defer, or delay construction of any road or
mass transit facility or service which is needed to
maintain the adopted level of service standard and
which is listed in the five-year schedule of capital
improvements (for Indian River County, this is
included in Policy 1.2 of the county's CIE); or
c. At the time a development order or permit is issued, the facility is
the subiect of a binding executed agreement which requires the
facility to be in place or under actual construction no more than
three (3) years after the issuance of the project's first building
permit or its functional equivalent; the agreement may assign all or
a portion of the created capacity; or
d. At the time a development order or permit is issued, the facility is
guaranteed in an enforceable development agreement, pursuant to
Section 163.3220, F.S., or an agreement or development order
issued pursuant to Chapter 380, F.S., to be in place or under actual
construction not more than three years after issuance of a building
permit or its functional equivalent. [Section 163.3180(2)(c), F.S.1;
the agreement may assign all or a portion of the created capacity,
or
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ORDINANCE 2006-011
e. The segment is the subject of a proportionate fair -share agreement.
In such case, the segment capacity increase reflected in the
proportionate fair share agreement shall be available only to the
parties to a proportionate fair share agreement.
New Proportionate Fair -Share Mitigation Section LDR Section 910.12.
(1) Purpose
and
Intent
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The purpose of this section is to establish a method whereby the impacts of
development on transportation facilities can be mitigated by the cooperative efforts of
the public and private sectors, to be known as the Proportionate Fair -Share Program,
as required by and in a manner consistent with X163.3180(16), F.S.
(2) Findings
(a) The Indian River Countv Commission finds and determines that
transportation capacity is a commodity that has a value to both the
public and private sectors and that the County Proportionate Fair -
Share Program.•
1. Provides a method by which the impacts of development on
transportation facilities can be mitigated by the cooperative and
creative efforts of the public and private sectors;
2. Allows developers to proceed under certain conditions,
notwithstanding the failure of transportation concurrency, by
contributing their proportionate fair share of the cost of
expanding or improving a transportation facility;
3. Contributes to the provision of adequate public facilities for
future growth and promotes a strong commitment to
comprehensive facilities planning, thereby reducing the potential
for moratoria or unacceptable levels of traffic congestion; and
4. Maximizes the use of public funds for adequate transportation
facilities to serve future growth, and may, in certain
circumstances, allow the County to expedite transportation
improvements by supplementing funds currently allocated for
transportation improvements in the Capital Improvements
Element.
(3) Applicability
The Proportionate Fair -Share Program shall apply to any development project in
Indian River County where the project's traffic impact study or the county traffic
engineer determines that there is insufficient capacity on one or more segments to
satisfy the development proiect's transportation concurrency requirements. The
Proportionate Fair -Share Program does not apply to developments of regional impact
(DRIB) using proportionate fair share under 4163.3180(12), F.S., or to developments
exempted from concurrency as provided in this concurrencv chapter.
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(4) General Requirements
(a) An applicant whose proiect meets the criteria of Section 910.12(3) may choose to
satisfy transportation concurrency requirements by making a proportionate fair -
share contribution, pursuant to the following requirements.
2. The five-year schedule of capital improvements in the County Capital
Improvements Element (CIE) includes one or more transportation
improvements that, upon completion, will provide sufficient capacity for the
deficient segments to accommodate the traffic generated by the proposed
development.
(b) The County may choose to allow an applicant to satisfy transportation
concurrency for a deficient segment, through the Proportionate Fair -Share
Program, by the developer contributing to an improvement that, upon
completion, will create additional capacity on the deficient segment sufficient to
accommodate the additional traffic generated by the applicant's proposed
development even if the improvement proiect for the deficient segment is not
contained in the 5 -year schedule of capital improvements in the CIE where:
• The Board of County Commissioners holds an advertised public hearing
to consider the proportionate share agreement and corresponding future
changes to the 5 -year CIE, and
The County adopts, by ordinance, an amendment adding the
improvement to the 5 -year schedule of capital improvements in the CIE.
To qualify for consideration under this section, the proposed
improvement must be reviewed by the Board of County Commissioners,
and determined to be financially feasible pursuant to &163.3180(16)(b)1,
F.S., consistent with the comprehensive plan, and in compliance with the
provisions of this ordinance. Financial feasibility for this section means
that additional contributions, payments or revenue sources to fund the
improvement proiect are reasonably anticipated during a period not to
exceed 10 years.
(c) Any improvement project proposed to meet a developer's fair -share obligation
must meet design standards of the County for locally maintained roadways and
those of the Florida Department of Transportation (FDOT) for the state highway
system.
is
1. The
proposed development
consistent
with the comprehensive
plan and
applicable
land development
regulations,
and
2. The five-year schedule of capital improvements in the County Capital
Improvements Element (CIE) includes one or more transportation
improvements that, upon completion, will provide sufficient capacity for the
deficient segments to accommodate the traffic generated by the proposed
development.
(b) The County may choose to allow an applicant to satisfy transportation
concurrency for a deficient segment, through the Proportionate Fair -Share
Program, by the developer contributing to an improvement that, upon
completion, will create additional capacity on the deficient segment sufficient to
accommodate the additional traffic generated by the applicant's proposed
development even if the improvement proiect for the deficient segment is not
contained in the 5 -year schedule of capital improvements in the CIE where:
• The Board of County Commissioners holds an advertised public hearing
to consider the proportionate share agreement and corresponding future
changes to the 5 -year CIE, and
The County adopts, by ordinance, an amendment adding the
improvement to the 5 -year schedule of capital improvements in the CIE.
To qualify for consideration under this section, the proposed
improvement must be reviewed by the Board of County Commissioners,
and determined to be financially feasible pursuant to &163.3180(16)(b)1,
F.S., consistent with the comprehensive plan, and in compliance with the
provisions of this ordinance. Financial feasibility for this section means
that additional contributions, payments or revenue sources to fund the
improvement proiect are reasonably anticipated during a period not to
exceed 10 years.
(c) Any improvement project proposed to meet a developer's fair -share obligation
must meet design standards of the County for locally maintained roadways and
those of the Florida Department of Transportation (FDOT) for the state highway
system.
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(5) Application Process
(a) Upon identification of a lack of capacity to satisfy transportation concurrency, an
applicant may choose to satisfy transportation concurrency through the
proportionate fair -share program pursuant to the requirements of section
910.12(4).
(b) Prior to submitting an application for a proportionate fair -share agreement, the
applicant shall attend a pre -application meeting with planning and traffic
engineering staff to discuss eligibility, application submittal requirements,
potential mitigation options, and related issues. If the impacted facility is on the
Strategic Intermodal System (SIS), then the Florida Department of
Transportation (FDOT) will be notified and invited to participate in the pre=
application meeting.
(c) Eligible applicants shall submit an application to the County that includes an
application fee as established by resolution and the following:
1. Name, address, and phone number of owner(s), developer and agent;
2. Property location, including parcel identification numbers;
3. Legal description and survey of property;
4. Project description, including type, intensity, and amount of development;
5. Phasing schedule, if applicable;
6. Description of requested proportionate fair -share mitigation method(s);
7. Copy of concurrency application;
8. Copy of the project's Traffic Impact Statement (TIS) or Traffic Impact
Analysis (T A); and
9. Location map depicting the site and affected road network.
(d) Within 10 business days, planning staff shall review the application and certify
that the application is sufficient and complete. If an application is determined to
be insufficient, incomplete, or inconsistent with the general requirements of the
proportionate fair -share program as indicated in section 4 910.12(4), then the
applicant shall be notified in writing of the reasons for such deficiencies within 10
business days of submittal of the application. If such deficiencies are not
remedied by the applicant within 30 days of receipt of the written notification,
then the application shall be deemed abandoned. The Board of County
Commissioners may, in its discretion, grant an extension of time not to exceed 60
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ORDINANCE 2006-011
days to cure such deficiencies, provided that the applicant has shown good cause
for the extension and has taken reasonable steps to effect a cure.
(e) Pursuant to �163.3180(16)(e), F.S., proposed proportionate fair -share mitigation
for development impacts to facilities on the Strategic Intermodal System requires
the concurrence of the Florida Department of Transportation (FDOT). If an SIS
facility is proposed for proportionate share mitigation, the applicant shall submit
evidence of an agreement between the applicant and the FDOT for inclusion in
the proportionate fair -share agreement.
(f) When an application is deemed sufficient, complete, and eligible, a proposed
proportionate fair -share obligation and binding agreement will be prepared by
the County or the applicant with direction from the County and delivered to the
appropriate parties for review, including a copy to the FDOT for any proposed
proportionate fair -share mitigation on a Strategic Intermodal System (SIS)
facility, no later than 60 days from the date at which the application was
determined to be sufficient and no fewer than 14 days prior to the Board of
County Commissioners meeting when the agreement will be considered.
(g) The County shall notify the applicant regarding the date of the Board of County
Commissioners meeting at which the agreement will be considered for final
approval. No proportionate fair -share agreement will be effective until approved
by the Board of County Commissioners.
(a) Proportionate fair -share mitigation for concurrency impacts may include,
separately or collectively, private funds, contributions of land, and construction
and contribution of facilities as provided in 4163.3180 (16)(c), F.S.
(b) A development shall not be required to pay more than its proportionate fair
share. The fair market value of the proportionate fair -share mitigation for the
impacted facilities shall not differ based on the form of mitigation as provided in
.§163.3180 (16)(c), F.S.
(c) The methodology used to calculate an applicant's proportionate fair -share
obligation shall be as provided for in Section 163.3180 (12), F. S., as follows:
The cumulative number of peak hour, peak direction trips from the complete buildout
of the proposed development, or buildout of the stage or phase being, approved, that
are assigned to the proportionate share program segment divided by the change in the
peak hour directional maximum service volume (MSV) of the proportionate share
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(6) Determining
Proportionate
Fair
-Share
Obligation
(a) Proportionate fair -share mitigation for concurrency impacts may include,
separately or collectively, private funds, contributions of land, and construction
and contribution of facilities as provided in 4163.3180 (16)(c), F.S.
(b) A development shall not be required to pay more than its proportionate fair
share. The fair market value of the proportionate fair -share mitigation for the
impacted facilities shall not differ based on the form of mitigation as provided in
.§163.3180 (16)(c), F.S.
(c) The methodology used to calculate an applicant's proportionate fair -share
obligation shall be as provided for in Section 163.3180 (12), F. S., as follows:
The cumulative number of peak hour, peak direction trips from the complete buildout
of the proposed development, or buildout of the stage or phase being, approved, that
are assigned to the proportionate share program segment divided by the change in the
peak hour directional maximum service volume (MSV) of the proportionate share
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ORDINANCE 2006-011
program segment resulting from construction of the proportionate share program
improvement, multiplied by the anticipated construction cost of the proportionate
share proiect in the year that construction will occur.
This methodology is expressed by the following formula.
Proportionate Fair Share = 1[►(Development Tripsi) _ (SV Increasei)1 X Cost;
(Note: In the context of the formula, the term "cumulative" does not include a previously
approved stage or phase of a development.)
Where•
= Sum of all deficient links proposed for proportionate fair -share
mitigation for a proiect.
Development Tripsi =Those trips from the stage or phase of development under review
that are assigned to roadway segment "i" and have triggered a
deficiency per the concurrency management system;
SV Increasei = Service volume increase provided by the eligible improvement to
roadway segment "i";
Cost; = Adiusted cost of the improvement to segment "i". Cost shall
consist of all improvements and associated costs, including design,
right-of-wav acquisition, planning, engineering, inspection, and
physical development costs, directly associated with construction
at the anticipated cost in the year that construction will occur.
(d) For purposes of determining proportionate fair -share obligations, the County
shall determine improvement costs based upon the actual and/or anticipated
costs of the improvement in the year that construction will occur. These costs will
be determined by the county's public works department.
(e) If the County has accepted an improvement proiect proposed by the applicant,
then the value of the improvement shall be based on an engineer's certified cost
estimate provided by the applicant and approved by the county's public works
director or other method approved by the county's public works director.
(f) If the County has accepted right-of-wav dedication for the proportionate fair -
share payment, credit for the dedication of the non -site related right-of-way shall
be valued on the date of the dedication at 120 percent of the most recent assessed
value by the County property appraiser or, at the option of the applicant, by fair
market value established by an independent appraisal approved by the County
and at no expense to the County. Said appraisal shall assume no approved
development plan for the site. The applicant shall supply a drawing and legal
of title
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County no expense to the County. If the
estimated
value
of the
right
-of
--way
at
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dedication proposed by the applicant (based on a County -approved appraisal) is
less than the County estimated total proportionate fair -share obligation for that
development, then the applicant must also pay the difference. If the estimated
value of the right -of --way dedication proposed by the applicant (based on a
County -approved appraisal) is more than the county estimated total
proportionate fair -share obligation for the development, then the county will give
the applicant traffic impact fee credit for the difference.
(7) Impact Fee Credit for Proportionate Fair -Share Mitigation
(a) Proportionate fair -share mitigation payments for a development project shall be
applied as a credit toward the traffic impact fees assessed to that development
rp oject.
(b) Impact fee credits for a proportionate fair -share contribution will be determined
when the traffic impact fee obligation is calculated for the proposed development.
If the applicant's proportionate fair -share obligation is less than the
develonment's anticibated road impact fee for the specific stage or phase of
proposed development may not be transferred to any other location.
(d) The amount of traffic impact fee (TIF) credit for a proportionate fair -share
contribution may be up to but shall not exceed the project's proportionate fair
share amount and will be determined based on the following formula:
TIF Credit = [(Proportionate fair share impacted roadways' VMT) - (Total
Proiect VMT)l X ( Total Project Traffic Impact Fee Liability)
Where•
VMT(Vehicle miles of travel on a link = (length of link X number of trips
assigned to that link)
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Total Proiect VMT = Total vehicle miles of travel on all links impacted by
proportionate fair share project
(e) A proportionate fair share impact fee credit shall be applied consistent with the
following formula:
Applicant payment = ((Total project traffic impact fees assessed) + (Proportionate
Share Payment)] — (TIF CREDIT)
(8) Proportionate Fair -Share Agreements
(a) Upon executing a proportionate fair -share agreement (Agreement) and satisfying
other concurrency requirements, an applicant shall receive a CCI5 (or its
successor upon amendment of initial concurrency regulations) County certificate
of concurrency approval. Should the applicant fail to apply for building permits
within the timeframe provided for in the county concurrency certificate, then the
project's concurrency vesting shall expire, and the applicant shall be required to
reapply. Once a proportionate share payment for a project is made and other
impact fees for the project are paid, no refunds shall be given. All payments,
however, shall run with the land.
(b) Payment of the proportionate fair -share contribution for a project and payment
of other impact fees assessed to that project shall be due and must be paid prior
to the effective date of the proportionate fair share agreement. The effective date
shall be specified in the agreement and shall be the date the agreement is
approved by the Board or its designee.
(c) All developer improvements accepted as proportionate fair share contributions
must be completed within 3 three ears of the issuance of the first building
permit for the project which is the subject of the proportionate fair share
agreement and be accompanied by a security instrument that is sufficient to
ensure the completion of all required improvements. The security instrument
shall conform to the subdivision construction security requirements of
913.10(1)(D). It is the intent of this section that any required improvements be
completed within 3 (three) years of the issuance of the first building permit for
the Proiect which is the subiect of the proportionate fair share agreement.
(d) Dedication of necessary right-of-way for facility improvements pursuant to a
proportionate fair -share agreement must occur prior to the effective date of the
proportionate fair share agreement.
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(e) Any requested change to a development project subsequent to issuance of a
development order shall be subject to additional proportionate fair -share
contributions to the extent the change would increase proiect costs or generate
additional traffic that would require mitigation.
(f) Applicants may withdraw from a proportionate fair -share agreement at any time
prior to the execution of the agreement. The application fee and any associated
advertising costs to the County are nonrefundable.
(g) The County may enter into proportionate fair -share agreements for selected
corridor improvements to facilitate collaboration among multiple applicants on
improvements to a shared transportation facility.
(9) Appropriation of Fair=Share Revenues
(a) Proportionate fair -share revenues shall be placed in the appropriate proiect
account for funding of scheduled improvements in the County capital
improvements element, or as otherwise established in the terms of the
proportionate fair -share agreement. Proportionate fair -share revenues may also
be used as the 50% local match for funding under the FDOT Transportation
Regional Incentive Program (TRIP).
(b) In the event a scheduled facility improvement is removed from the CIP, then the
proportionate fair share revenues collected for its construction may be applied
toward the construction of alternative improvements within that same corridor or
sector where the alternative improvement will mitigate the impacts of the
development proiect on the congested roadway(s) for which the original
proportionate fair share contribution was made.
4. Renumbering LDR Sections 910.12 and 910.13 to Section 910.13 and 910.14
Section 910.12 910.13. Appeal process and vested rights determination.
(1) Purpose and intent. This section is established to provide a mechanism for the
hearing and decision of appeals of decisions or actions by the community development director or
his designee on concurrency determinations and vested rights determinations.
(2) Authorization.
(a) The board of county commissioners of Indian River County is hereby authorized to:
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1. Hear and decide appeals when it is alleged that there is an error in any order,
requirement, decision, or determination made by the community development
director or his designee in the concurrency determination.
(b) Upon appeal and in conformance with land development regulations, the board of
county commissioners in exercising its powers may reverse or affirm wholly or
partly, or may modify the order, requirement, decision, interpretation, application, or
determination of the community development director or his designee.
(c) A majority vote of a quorum of all members of the board of county commissioners
shall be necessary to reverse any order, requirement, decision, interpretation,
application or determination of the community development director or his designee.
(3) Appeal procedures.
(a) The applicant, or any other person(s) whose substantial interests may be affected or
determined in the proceeding may initiate an appeal.
(b) Appeals must be filed
within
fifteen (15)
days following
2. Hear
by
and
of county
commissioners
decide
within
the respective
appeals
(60)
days
following
when
it
appeal
by the community development
is alleged
that
there
are
vested
rights.
(b) Upon appeal and in conformance with land development regulations, the board of
county commissioners in exercising its powers may reverse or affirm wholly or
partly, or may modify the order, requirement, decision, interpretation, application, or
determination of the community development director or his designee.
(c) A majority vote of a quorum of all members of the board of county commissioners
shall be necessary to reverse any order, requirement, decision, interpretation,
application or determination of the community development director or his designee.
(3) Appeal procedures.
(a) The applicant, or any other person(s) whose substantial interests may be affected or
determined in the proceeding may initiate an appeal.
(b) Appeals must be filed
within
fifteen (15)
days following
action or determination
by
the board
of county
commissioners
must be reached
within
the respective
official.
(60)
days
following
the receipt
of the
(c) An appeal must be filed with the community development department on an
application form prescribed by the county within the specified time limit. All such
appeals shall recite the reasons why such an appeal is being taken.
The appeal shall be accompanied by a fee to be determined by resolution of the
board of county commissioners. The community development director shall schedule
the hearing of the appeal in front of the board of county commissioners within thirty
(30) days following receipt of the application.
(d) The community development director. must review the appeal and prepare a report
which contains the department's findings and recommendation.
(e) All appeals shall be heard at a meeting of the board of county commissioners. All
interested parties shall have a right to appear before the board of county
commissioners and address specific concerns directly related to the appeal. Any
person may appear by agent or attorney. All such hearings shall be conducted in
compliance with the rules of procedure for the board of county commissioners. The
time and place scheduled for hearing shall be given to the applicant in writing.
(fj
The
final
decision
of
the board
of county
commissioners
must be reached
within
sixty
(60)
days
following
the receipt
of the
appeal
by the community development
department
director.
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13
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ORDINANCE 2006-011
(g) The same procedure identified in section 910.13(3) will be applicable to the vested
rights determination. The criteria identified in section 910.03 will be utilized for the
vested rights determination.
(Ord. No. 90-16, § 1, 9-11-90)
Section O'er 910.14. Assignability and transferability.
(a) A certificate of concurrency determination shall run with the land and shall transfer
to a successor in interest to the original applicant upon written disclosure of such transfer to the
community development department. The disclosure shall provide the full legal name of the person
or business entity acquiring the interest in the property; the nature of the interest; the address of the
principal place of business of the successor; telephone number, name and address of registered
agent if corporation; name, address and title of officers or agents authorized to transact business
with the county, together with proof of authorization if other than president or vice-president or
general partner; and the name and address of any new design professional for the project if
applicable. A transferee applicant must also assume in writing on form acceptable to the county
attorney all commitments, responsibilities, and obligations of the prior applicant, including all
special conditions of the concurrency determination certificate.
(b) Failure to make the required disclosure and assumption shall suspend a concurrency
determination certificate until such time as proper disclosure and assumption are made.
(c) Transfer of the certificate of concurrency determination shall not toll or modify the
calculation of time limits set forth in the concurrency determination certificate. Following any
transfer, such time limits shall be calculated as if the transfer had not occurred.
(d) A concurrency determination certificate shall not be assignable or transferable to
other developments.
(Ord. No. 90-16, § 1, 9-11-90)
PART III: GENERAL PROVISIONS.
SECTION ONE: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION TWO: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
Bold Underline: Additions to Ordinance 14
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I
ORDINANCE 2006- 011
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 11 th day of Apri 1 , 2006.
This ordinance was advertised in the Press -Journal on the 27th day of March
2006, for a public hearing to be held on the 11 th day of Apri 1 , 2006, at which time
it was moved for adoption by Commissioner. Wheeler , seconded by Commissioner
Davi s , and adopted by the following vote:
immediately
filing
This Ordinance shall
take effect
upon
with the Department
of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 11 th day of Apri 1 , 2006.
This ordinance was advertised in the Press -Journal on the 27th day of March
2006, for a public hearing to be held on the 11 th day of Apri 1 , 2006, at which time
it was moved for adoption by Commissioner. Wheeler , seconded by Commissioner
Davi s , and adopted by the following vote:
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to
Ordinance
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Text
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N
ORDINANCE 2006- 011
Chairman Arthur R. Neuberger Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Sandra L. Bowden Aye
ATTI
r J ettrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date: APR 1 9 2006
AN
William G. Collins II, County Attorney
AP7 D AS TO PLANNING MATTERS
Robert Keating, AI P; Co unity Dev opment Director
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Commissioner
Thomas
S. Lowther
Aye
Aye
Commissioner
Wesley
S. Davis
ATTI
r J ettrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date: APR 1 9 2006
AN
William G. Collins II, County Attorney
AP7 D AS TO PLANNING MATTERS
Robert Keating, AI P; Co unity Dev opment Director
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