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HomeMy WebLinkAbout2009-003ORDINANCE NO. 2009--Ma— AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING CODE SECTION 1000.06 "IMPOSITION" TO PROVIDE AN EXCEPTION TEMPORARILY SUSPENDING FOR SIX MONTHS THE IMPOSITION OF IMPACT FEES FOR EMERGENCY SERVICES FACILITIES, CORRECTIONAL FACILITIES, PUBLIC BUILDINGS DEVELOPMENT, LAW ENFORCEMENT, AND SOLID WASTE FACILITIES; AND, PROVIDING FOR CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida finds that the dramatic downturn of the local economy warrants measures to stimulate the local economy, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: SECTION ONE: AMENDMENT. Section 1000.06 of Chapter 1000 of Title X of the Indian River County Code is hereby amended to red as follows: Section 1000.06. Imposition. (1) Any person, who after the effective date of this ordinance seeks to develop land by applying for a building permit or an initial concurrency certificate, shall be assessed impact fees and shall be required to pay all applicable impact fees in the manner and amount set forth in this title. enforcement, and solid waste facilities is temporarily suspended for the six month period from April 1, 2009 to September 30, 2009. NOTE: This exception applies only to applications for building permits and initial/final concurrency needed prior to release of a site plan. It does not extend to applications for initial -1 or initial -3 concurrency certificates not associated with releaseof site plans. If a may be issued until impact fees for emergency services Coding: Words/letters underscored in bold are additions to text; words/letters in ugh format are deletions to text. ORDINANCE NO. 2009-003 rate. (2) No building permit or initial concurrency certificate for any activity requiring payment of impact fees pursuant to this title shall be issued unless and until all impact fees required by this title have been paid. (3) Any person, who after the effective date of this ordinance applies for an impact fees in the initial and amount set forth in this concurrency certificate or for a permit to set up a new mobile home, shall be assessed impact fees and shall be required to pay all applicable impact fees in the manner and amount set forth in this title. (4) No permit or initial concurrency certificate for the set up of a new mobile home requiring payment of impact fees pursuant to this title shall be issued unless and until all impact fees required by this title have been paid. SECTION TWO: CODIFICATION. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. SECTION THREE: SEVERABILITY. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION FOUR: EFFECTIVE DATE. This ordinance shall take effect on April 1, 2009. Coding: Words/letters underscored in bold are additions to text; words/letters in sifikethreugh format are deletions to text. E ORDINANCE NO. 2009-003 This ordinance was advertised in the Vero Beach Press -Journal on the 14th day of March, 2009, for a public hearing to be held on the 24th day of March, 2009, at which time it was moved for adoption by Commissioner O'Bryan seconded by Commissioner Davis and adopted by the following vote: Wesley S. Davis, Chairman AYE Joseph E. Flescher, Vice Chairman AYE Commissioner Gary C. Wheeler AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE The Chairman thereupon declared the ordinance duly passed and adopted this 24th day of March, 2009. ATTEST: Jeff K. Barton, erk By: Deputy Clerk EFFECTIVE DATE: April 1, 2009 BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By: es ey S. avis, chairman APPROVED AS TO FORM AND LEGALSUFFICIENCY eY WILLIAM Q. COLLINS it COUNTY ATTORNEY ACKNOWLEDGMENT by the Department of State of the State of Florida, this Ist day of APRIL 2009. Coding: Words/letters underscored in bold are additions to text; words/letters in strikeihreugb format are deletions to text. 3