HomeMy WebLinkAbout2010-002 (2)ORDINANCE NO. 2010- 002
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING TITLE X, IMPACT FEES, OF
THE CODE OF INDIAN RIVER COUNTY TO AMEND
CODE SECTION 1000.06 "IMPOSITION" TO PROVIDE
AN EXCEPTION TEMPORARILY SUSPENDING FOR
ONE YEAR THE IMPOSITION OF IMPACT FEES FOR
FIRE/EMERGENCY SERVICES FACILITIES,
CORRECTIONAL FACILITIES, PUBLIC BUILDINGS,
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; and
WHEREAS, the Board of County Commissioners temporarily suspended 5
impact fees from April 1, 2009 until September 30, 2009, and then from October 1, 2009
until March 31, 2010; and
WHEREAS, the Board of County Commissioners, at its meeting of February 9,
2010, decided to consider extending the temporary impact fee suspension for one year
until March 31, 2011.
NOW, THEREFORE IT BE ORDAINED by the Board of County
Commissioners of Indian River County, Florida that:
SECTION ONE: AMENDMENT OF CHAPTER 1000.
Section 1000.06 of Chapter 1000 of Title X of the Indian River County Code is hereby
amended to read 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.
Exception: the imposition of impact fees for fire/emergency services
facilities, correctional facilities, public buildings, law enforcement and
solid waste facilities is temporarily suspended for the one year period
from April 1, 2010 to March 31, 2011. NOTE: This exception applies
only to applications for building permits and initial/final concurrency
ORDINANCE NO. 2010- 002
certificates needed prior to release of a site plan The exception does not
extend to applications for initial -1 or initial -3 concurrency certificates not
associated with the release of site plans Applicable impact fees must be
paid at the time of building permit application or initial -1 or initial -3
concurrency application. If a certificate of occupancy is not obtained
within eighteen (18) months of issuance of the building permit, then no
certificate of occupancy may be issued until impact fees for
fire/emergency services facilities, correctional facilities, public buildings
development, law enforcement, and solid waste facilities are paid, at the
then current 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 initial
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, 2010.
This ordinance was advertised in the Vero Beach Press -Journal on the 1St day of March
2010, for a public hearing to be held on the 16th day of March 2010, at which time it was
moved for adoption by Commissioner Fl escher seconded by Commissioner
Davi s , and adopted by the following vote:
ORDINANCE NO, 2010- 002
Peter D. O'Bryan, Chairman
Bob Solari, Vice -Chairman
Gary C. Wheeler, Commissioner
Wesley S. Davis, Commissioner
Joseph E. Flescher, Commissioner
Aye
Aye
Nay
Aye
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 16th day of
March 2010.
ATTEST: Jeffrey K. Barton, Jerk
By•-4�
Deputy Clerk
Board of County Commissioners,
Indian River County, Florida`
By:
Peter D. O'Bryan"Cha' man
1 . 5
,r
ACKNOWLEDGEMENT by the Department of the State of Florida, this
'2010.
Approved as to Form and Legal
Sufficiency
G
Cr�William K. DeBraal
Deputy County Attorney
F:\Community Development\Impact Fee\2010\suspensionofimpactfees April 1, 2010 to March 31, 2011.doc
day of