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HomeMy WebLinkAbout2014-016ORDINANCE NO. 2014- 016 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 THE TEXT OF TITLE X FOR LEVEL OF SERVICE STANDARDS USED IN IMPACT FEE CALCULATIONS, EXEMPTIONS, INDIVIDUAL ASSESSMENTS, APPEALS, AND VARIOUS UPDATES AND CLEAN UP REVISIONS; AND TO AMEND APPENDIX A, IMPACT FEE SCHEDULES, TO APPROVE NEW IMPACT FEE SCHEDULES FOR RESIDENTIAL USES AND FOR HIGH -CUBE AUTOMATED WAREHOUSE USE FOR THE UNINCORPORATED INDIAN RIVER COUNTY AND MUNICIPALITIES; PROVIDING FOR EFFECTIVE DATE FOR NEW IMPACT FEE SCHEDULES; AND PROVIDING FOR CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, to address infrastructure costs associated with new growth, Indian River County has, since 1986, imposed traffic impact fees on new development. In 2005, the County adopted impact fees for eight additional services/facilities, also to address infrastructure costs associated with new growth; and WHEREAS, since their adoption, impact fees have generated considerable revenue, and impact fees are now among the largest sources of funding for infrastructure projects in Indian River County; and WHEREAS, according to the Indian River County Impact Fee Ordinance, the County must periodically review the impact fee schedules and by law the County needs to keep the impact fee schedules up to date. Because the last impact fee study was performed in 2009, the County determined that a new impact fee study was due; and WHEREAS, staff prepared a scope of services for an impact fee study and fee schedule updates that were approved by the Board of County Commissioners in February, 2013; and WHEREAS, the scope of services was incorporated into a Request For Proposals and in July, 2013 the Board of County Commissioners selected Tindale -Oliver & Associates, Inc. ("Consultant") and entered into a contract for services; and WHEREAS, as reflected in the Consultant's report, the Consultant has performed the tasks necessary to update the impact fee schedules, including development of the "Affordable Growth" methodology to calculate Impact Fees; and WHEREAS, the Consultant has determined that recommended residential and non- residential impact fees, using the Affordable Growth methodology, are proportionate in amount to the need that new growth creates for each category of public improvements for which impact fees are collected; and 1 ORDINANCE NO. 2014 016 WHEREAS, based on anticipated growth projections, the County's 5 -year capital improvement plan needs, and the County's policy to stimulate economic development, County staff has recommended that impact fees for libraries, public buildings, and parks and recreation facilities be reduced or suspended, pending further trend evaluation during the next scheduled impact fee methodological update (the "Staff Scenario"); and WHEREAS, the Consultant has determined that the Staff Scenario, based upon the Affordable Growth methodology, is technically sound and warranted, and, based on projected non -impact fee revenues, will result in maintaining level of service standards used in the Consultant's report; and WHEREAS, the Board of County Commissioners has determined that the Consultant's update and Affordable Growth/Staff Scenario methodology utilized to reduce non-residential impact fees are acceptable and directed staff to conduct workshops with different interested groups and organizations, including two municipalities, regarding the impact fee update and Affordable Growth/Staff Scenario methodology; and WHEREAS, staff has conducted eight workshops with interested groups and organizations, including two municipalities, and generally received positive comments and support for the proposed reductions in non-residential impact fee rates; and WHEREAS, On March 11, 2014, staff informed the Board of the results of the workshop meetings and the fact that several developers are ready to proceed with non-residential projects once the proposed non-residential impact fee schedules are in effect; and WHEREAS, staff and the County Attorney recommended that the Board consider adopting the new impact fee schedules for non-residential uses separate from and prior to adoption of new impact fee schedules for residential uses; and WHEREAS, to stimulate economic development the Board decided to make the non- residential impact fee schedules available to the community as soon as possible; and WHEREAS, the Consultant has evaluated the fee schedule adoption timeframe and has determined that it will allow the County to maintain its level of service standards and to provide the capital improvements planned for new non-residential and residential development; and WHEREAS, staff advertised for a public hearing on April 22, 2014, and also provided 30 days notice to each municipality as required by each impact fee agreement between the County and each municipality; and WHEREAS, the Consultant, in coordination with staff, developed the proposed non- residential impact fee schedules based upon the Consultant's report, impact fee update, and Affordable Growth/Staff Scenario methodology; and. WHEREAS, the county adopted updated non-residential impact fees on April 22, 2014; and 2 ORDINANCE NO. 2014 016 WHEREAS, the Consultant has prepared a residential impact fee schedules, including a school impact fee component, based on the Affordable Growth/Staff Scenario methodology; and WHEREAS, on September 11, 2014, the school board held a public workshop and special meeting, considered information presented by the Consultant and school district staff, and voted 5-0 to recommend that the Board of County Commissioners adopt the proposed school impact fee; and WHEREAS, in response to a request by the Board of County Commissioners, the Consultant has prepared a new impact fee category for High -Cube Automated Warehouse which establishes reduced impact fees for large scale, highly automated warehouse uses; and WHEREAS, staff advertised for a public hearing on October 14, 2014, and also provided 30 days notice to each municipality and to the school board as required by each impact fee agreement between the County and each municipality, and the County and school board. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: SECTION ONE: AMENDMENT OF CHAPTER TITLE X. Title X, Impact Fees, of the Code of Indian River County is hereby amended as identified in Attachment 1 (attached). SECTION TWO: APPENDIX A. IMPACT FEE SCHEDULES Appendix A, Impact Fee Schedules, of Title X, Impact Fees, of the Code of Indian River County that contains the new residential impact fee schedules as well as a new impact fee category for High -Cube Automated Warehouse for the unincorporated Indian River County and municipalities is hereby adopted and is attached as Appendix A. SECTION THREE: 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 Code of Indian River County, 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 FOUR: 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. Furthermore, should the entirety of this ordinance be held invalid or unconstitutional by any court of competent jurisdiction, it is the ORDINANCE NO. 2014 016 intent of the Board of County Commissioners to reinstate the impact fees in effect pti©r W the effective date of this ordinance. SECTION FIVE: EFFECTIVE DATE OF IMPACT FEES. The residential impact fee rates contained in Appendix A of this ordinance shall take effect on February 2, 2015. The impact fee rate for High -Cube Automated Warehouse use shall take effect on November 3, 2014. All other non-residential impact fees remain in effect in accordance with Ordinance #2014-009 adopted April 22, 2014, or until further amended. This ordinance was advertised in the Vero Beach Press -Journal on the 29th day of September 2014, for a public hearing to be held on the 14th day of October, 2014, at which time it was moved for adoption by Commissioner Davis , seconded by Commissioner Flescher , and adopted by the following vote: Peter D. O'Bryan, Chairman Ave Wesley S. Davis, Vice -Chairman Aye Bob Solari, Commissioner Ave Tim Zorc, Commissioner Aye Joseph E. Flescher, Commissioner Ave The Chairman thereupon declared the ordinance duly passed and adopted this 14th day of October, 2014. �;! ��••"::".!SS�O•�� Board of County Commissioners Indian River County, Florida By: Peter D. O'Bryan, Chairman . iq.► ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State and becomes effective on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dy an Reingold, County Attorney El ORDINANCE NO. 2014 016 APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; tAmunity Development Director FACommunity Development\Impact Fee\2014- IF Study\2014 Ordinance (2) impact fees-10-14-2014.doc - CODE OF ORDINANCES Title X. IMPACT FEES Title X. IMPACT FEES Ch. 1000 Purpose and Intent, §§ 1000.01-1000.15 Ch. 1001 , Definitions, §§ 1001.01-1001.03 Ch. 1002 Emergency Services Facilities, §§ 1002.01-1002.04 Ch. 1003 Correctional Facilities, §§ 1003.01-1003.04 Ch. 1004 Public Buildings Development, §§ 1004.01-1001.04 Ch. 1005 Law Enforcement, §§ 1005.01-1005.04 Ch. 1006 Library Facilities, §§ 1006.01-1006.04 Ch. 1007 Solid Waste Facilities, §§ 1007.01-1007.04 Ch. 1008 Parks and Recreation Facilities, §§ 1008.01-1008.04 Ch. 1009 Public Education Facilities, §§ 1009.01-1009.04 Ch. 1010 !Traffic Facilities and Fair Share Roadway Improvements, §§ 1010.01-1010.05 Ch. 1011 Administrative Charges, §§ 1011.01-1011.04 "! Ch. 1012 Rules of Construction, §§ 1012.01-1012.03 App. A. Impact Fee Schedules App. B. -Indian River County Impact Fee Benefit Districts CHAPTER 1000. - PURPOSE AND INTENT CHAPTER 1001. - DEFINITIONS CHAPTER 1002. - EMERGENCY SERVICES FACILITIES CHAPTER 1003. - CORRECTIONAL FACILITIES CHAPTER 1004. - PUBLIC BUILDINGS DEVELOPMENT CHAPTER 1005. - LAW ENFORCEMENT CHAPTER 1006. - LIBRARY FACILITIES CHAPTER 1007. - SOLID WASTE FACILITIES Updates are shown with StFoke thFeu^"s and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 1 - CODE OF ORDINANCES Title X. IMPACT FEES CHAPTER 1008. - PARKS AND RECREATION FACILITIES CHAPTER 1009. - PUBLIC EDUCATION FACILITIES CHAPTER 1010. - TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS CHAPTER 1011. - ADMINISTRATIVE CHARGES CHAPTER 1012. - RULES OF CONSTRUCTION APPENDIX A - IMPACT FEE SCHEDULES APPENDIX B - INDIAN RIVER COUNTY IMPACT FEE BENEFIT DISTRICTS Updates are shown with StFike thFOU and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 2 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT CHAPTER 1000. PURPOSE AND INTENT M Sec. 1000.01 Short title. Sec. 1000.02 Authority. Sec. 1000.03 Intent and purpose. Sec. 1000.04 Findings. Sec. 1000.05 Severability. Sec. 1000.06 Imposition. Sec. 1000.07 Exemptions and credits. Sec. 1000.08 Computation. Sec. 1000.09 Payment. Sec. 1000.10 Trust funds. Sec. 1000.11 Use of funds. Sec. 1000.12 Donations in lieu of payment. Sec. 1000.13 Review. Sec. 1000.14 Appeals. Sec. 1000.15 Refund of fees paid. Section 1000.01. Short title. Section 1000.02. Authority. Section 1000.03. Intent and purpose. Section 1000.04. Findings. Section 1000.05. Severability. Section 1000.06. Imposition. Section 1000.07. Exemptions and credits. Section 1000.08. Computation. Section 1000.09. Payment. Section 1000.10. Trust funds. Section 1000.11. Use of funds. Section 1000.12. Donations in lieu of payment. Section 1000.13. Review. Updates are shown with StFoke thFeu^"c and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 3 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT Section 1000.14. Appeals. Section 1000.15. Refund of fees paid. Section 1000.01. Short title. Title X shall be known and may be cited as the Indian River County Impact Fee Ordinance. (Ord. No 2005 15, 5- i -05) Section 1000.02. Authority. (1) The board of county commissioners has the authority to adopt this title pursuant to Article VIII, Florida Constitution, and F.S. chs. 125 and 163. (2) Whenever any provision of this title refers to or cites a section of Chapter 125 or Chapter 163, Florida Statutes, it shall be deemed to refer to those sections, as amended. (Ord. No, 2005-015, 5-17-05) Section 1000.03. Intent and purpose. (1) This title is intended to implement and be consistent with the county comprehensive plan. (2) The purpose of this title is to regulate the use and development of land so as to ensure that new development bears a proportionate share of the cost of the capital expenditures necessary to provide emergency services facilities, correctional facilities, public buildings, law enforcement facilities, library facilities, solid waste facilities, park and recreation facilities, public education facilities and traffic/transportation facilities in the county. {Ord. No. 2005-015, 5-17-05) Section 1000.04. Findings. The board of county commissioners makes the following findings and determinations: (1) The existing emergency services facilities; correctional facilities; public buildings; law enforcement facilities; library facilities; solid waste facilities; park and recreation facilities; public education facilities; and traffic facilities are not sufficient to accommodate anticipated new development without decreasing the existing levels of service of those facilities. (2) Measurable level of service standards used for impact fee calculation purposes are established in this ordinance for each of the above listed public services. (3) Existing revenue sources are not sufficient to fund all capital improvements necessary to accommodate new development. (4) New development creates an increased need and demand for services and facilities and therefore should contribute its fair share of the costs of providing new facilities necessary to accommodate new development. Updates are shown with s*ic" -^ t49ug4s and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 4 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT (5) Impact fees provide a reasonable method of ensuring that new development pays its fair share of the capital costs of public services and facilities necessary to accommodate the new development and new development will derive a substantial benefit from facilities funded by impact fees. (6) The revenue received from the impact fees set forth in this chapter shall not be used to correct existing deficiencies. (7) The impact fees set forth in this chapter establish a fair and conservative method of assessing new development its fair share costs for capacity producing capital improvements. The board approves and accepts the underlying studies as a reasonable basis for the fees. (8) The impact fees set forth in this title will not fully pay for the costs of capital improvements necessitated by new development, and the county recognizes that the shortfall will have to come from other revenue sources. (9) The administrative charges set forth in this title are reasonable and necessary charges in order to efficiently administer the duties mandated by this title. (Ord. No. 2005-015, 5.17--05) Section 1000.05. Severability. If any section, phrase, sentence or portion of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this title. (Ord. No. 2005-01(5, 5-1-7-05) 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. 6 ternpeFaFdly suspended for the peried frern April 1, 2014 to MaFGh 31, 2015 or until the GUFFeAt *rnpaGt fmrs;t. In the eveRt the new irnpaGt fee 6Ghedule is approved On parts, the teFnpO )n will nat appl'y plan. The eXGeption does not extend to appliGatiOR6 fOF initial 1, initial 3, or initial 7 GenGUFFenGy GeFtifiGates not a66GGmated with the elease of site plans. App"Gable ernpaGt fees must be paid at the time of bui4nq eighteen (18) month6 of issuaRGe of the building permit, then RG Ger-tifiGate Of GGGUpaRGY may be i6Gued until OF:npaE;t fees fE)F pubiiG buildings, GOFFeGtional facilities, and selid waste faGilities are paid at the then fie_ (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. Updates are shown with stFike thF9u^"s and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 5 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT (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. (Ord. No. 2005-015, 5-17-05: Ord. No. 2509-003, § 1. 3-24...09: Ord. No, 2009-015, § 21 9-22-09 Ord, No. 2010-002, § 1, 3-16-14; Ord. No 2011-042. § 1, 3-15-11; Ord_ No. 2012-003. § 1, 3-13-12; Ord, No. 2014-004, 1, 3-11-14) Section 1000.07. Exemptions and credits. (1) Exemptions. The following activities shall be exempted from payment of impact fees levied under this title: (A) Alteration or expansion of an existing building where no additional units are created, where no additional square footage of building is created, er where the use is not changed or where it is determined by the Community Development Director that improvement of a structure in existence prior to the adoption of impact fees (March 1, 1986) will not result in a measurable increase in traffic impacts. (B) The construction of accessory buildings or structures where no additional units are created. (C) The replacement of an existing residential unit with a new unit of the same type, same square footage and same use. (D) The replacement of a nonresidential building or structure with a new building or structure of the same size and same use. (E) Changes in the use of an existing non-residential building or structure previdedthere rop vided there is no expansion of the existing building or structure and the change results in a reduction no increase in the intensity of use. (F) The expansion of a single family residential unit where the expansion would not result in the unit's new total square footage changing the unit's impact fee category from a lower fee category to a higher fee category. An exemption must be claimed by the feepayer at the time of the issuance of a building permit or mobile home permit or initial concurrency certificate. Any exemption not so claimed shall be deemed to be waived by the feepayer. (2) Credits. No credit shall be given for site -related improvements. (Ord. No. 2005-415, 5-17-05) Section 1000.08. Computation. (1) The amount of the fees imposed by this title shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or the manner set forth in subsection 1000.08(3). (2) If a building permit or an initial concurrency certificate application is submitted for a type of development activity which is not specified on the fee schedule attached as Appendix A, the county administrator or his designee shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. In the case of a change in land use, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. No refunds shall be issued for a change in land use that results in a decrease in impact fees; however, any impact fee Updates are shown with stM(e thFeu^", and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 6 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT credits remaining will run with the land and may be utilized as part of future development or a change of use for the site. (3) If a feepayer objects to the amount of any impact fees determined according to subsection (1) or (2) of this section, then the feepayer shall submit a written notice of objection to the community development director. The objection shall include an independent fee calculation study for the land development activity for which a building permit or an initial concurrency certificate is sought. If the objection involves a traffic impact fee, the independent fee calculation provided by the objector shall follow the individual assessment regulations of section 1010.03. The With respect to an objection that involves an impact fee other than a traffic impact fee, the independent fee calculation study shall follow the prescribed methodologies and formats for such a study generally accepted by professionals in the field of expertise for the impact fee at issue. The objection shall be accompanied by an application fee in an amount determined by the board of county commissioners. (A) Within thirty (30) days of receipt, the community development director shall sustain or over rule the objection. If the objection is over ruled, the feepayer may appeal following the procedure outlined in Chapter 100.06 of this code. If the objection is sustained, the feepayer shall pay the accepted amount pursuant to Chapter 1000.09 of this title. (Ord. No. 2005-015.. 5 -1? -05) Section 1000.09. Payment. (1) The person applying for a building permit, mobile home set up permit or an initial concurrency certificate shall pay the impact fees assessed pursuant to this title to the county community development department or to the participating municipality prior to the issuance of a building permit, mobile home set up permit or an initial concurrency certificate. (2) In accordance with Ch. 1000. 12, a feepayer may, in lieu of paying all or part of the impact fees, offer to donate land or construct all or part of a capital improvements project shown in the county capital improvements plan. (Ord_ No. 2005-015, 5-17-05) Section 1000.10. Trust funds. (1) The following impact fee trust funds are hereby established: (A) An emergency services facilities impact fee trust fund for the emergency services impact fee. Funds withdrawn from this account must be used in accordance with the provisions of section 1002.04 (B) A correctional facilities impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1003.04 (C) A public building development impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1004.04 (D) A law enforcement facilities impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1005.04 (E) A library facilities impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1006.04 (F) A solid waste facilities impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1007.04 Updates are shown with S*.;I(e thFeuR", and underlines Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 7 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT (G) A parks and recreation facilities impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1008.04 (H) A public education facilities impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1009.04 (1) A Traffic impact fee trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1010.05 (J) An administrative charge trust fund. Funds withdrawn from this account must be used in accordance with the provisions of section 1000.11 (2) All funds collected shall be properly identified and promptly transferred to the county for deposit in the designated impact fee trust fund, to be held in the account as indicated in section 1000.11 and used solely for the purposes specified in this title. (Ord. No. 2005-015, 5-17-05) Section 1000.11. Use of funds. (1) All funds collected from the impact fees set forth in this title shall be used for the purpose of constructing or acquiring capital improvements to emergency services facilities, correctional facilities, public buildings, law enforcement facilities, library facilities, solid waste facilities, park and recreation facilities, public education facilities and traffic facilities in the county under the jurisdiction of the Indian River Board of County Commissioners, and not for maintenance or operations. Such construction, acquisitions and improvements shall be the type as are made necessary by new growth and development in the county. (2) Funds shall be used exclusively for capital improvements within Indian River County. Funds shall be expended in the order in which they are collected. (3) In addition to the impact fees assessed by this title, the feepayer shall pay an administrative charge equal to three (3) percent of the impact fees assessed by the county or by the participating municipality in order to off -set the cost of administering the impact fee program. (4) Each participating municipality shall be entitled to retain two (2) percent of the funds collected under this title to compensate them for the administrative expense of administering this title. ;Ord. No 2005-015, 5-17-05) Section 1000.12. Donations in lieu of payment. (1) In lieu of a feepayer paying all or part of the impact fees assessed in this title, the county administrator may accept an offer by a feepayer to donate land or construct all or part of a capital improvements project shown in the adopted—county's adopted capital improvements program, the m r�isipa� metropolitan planning organization's twenty year long range transportation plan, the school board's educational facilities plan or adopted municipal capital improvement program. This offer shall not include the construction of any site -related improvements. Such construction must comply with all applicable building standards and be approved in advance by the county administrator. In making such an offer, the feepayer shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county administrator to establish an engineering and construction cost estimate. The county administrator shall credit this estimated cost or the actual cost of this construction, whichever is lower, against the impact fees otherwise due. The offer shall not constitute payment of the impact fees unless and until it is accepted by the county administrator and the feepayer has dedicated or conveyed any and all land pursuant to the offer as accepted and has posted security, Updates are shown with s*.;I(e t49wg4s and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 8 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT as provided in this section, for the construction of any and all other capital improvements pursuant to the offer as accepted. Security in the form of an irrevocable letter of credit or cash escrow agreement shall be posted with the board of county commissioners in an amount equal to one hundred twenty- five (125) percent of the full cost of such construction. If the capital improvements program construction project will not be constructed within one (1) year of the acceptance of the offer by the county administrator, the amount of the security shall be increased by fifteen (15) percent for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the county administrator. (Ord. No 2005-015, 5-17-05) Section 1000.13. Review. (1) Each fiscal period, the county administrator shall present a proposed capital improvements program (CIP) to the board of county commissioners for: emergency services facilities, correctional facilities, public buildings, law enforcement facilities, library facilities, solid waste facilities, park and recreation facility, public education facilities and traffic facilities. This CIP shall assign funds, including any accrued interest, from the facilities impact fee trust funds to specific facility improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal year shall be retained in the same facility impact fee trust fund until the next fiscal year, except as provided by the refund provisions of this chapter. (2) The fee schedules contained in this title shall be reviewed by the board of county commissioners at least once every third year. {0rd. No. 2005-015, 5-17-05j Section 1000.14. Appeals. The county administrator shall hear appeals relating to the amount of an impact fee or an impact fee credit. Together with a notice of appeal, the applicant shall submit adequate documentation to confirm the basis for the appeal. The county administrator shall follow the appeal procedures outlined in section 100.06 of this Code. (Ord. No, 2005-015; 5-17-05) Section 1000.15. Refund of fees paid. (1) If a building permit or an initial one-year concurrency certificate is revoked, expired, or is withdrawn, then the feepayer, successors or assigns, shall be entitled to a refund of the impact fees paid with interest as a result of its revocation, expiration or withdrawal, except that the county shall retain a fee established by resolution to offset the costs of refunding. Impact fees paid in conjunction with an initial three-year or seven-year concurrency certificate cannot be refunded, however, any such impact fees paid will run as a credit with the land. (2) Any impact fees not encumbered or expended by the end of the calendar quarter immediately following six (6) years from the date that an impact fee payment was received by the County ("six-year period") shall be refunded to the current property owner (as defined below) in accordance with the following procedure: (a) Staff shall maintain an accounting which sets forth, on a first in—first out basis, when impact fees collected by the County have been encumbered or expended. For the purposes of such accounting, (i) impact fees collected by a municipality pursuant to an interlocal agreement with Updates are shown with stFike thFGu^"s and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 9 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT the County shall be deemed to be collected by the County on the day that such fees were collected by the municipality, and (ii) interest earned in an impact fee account during a fiscal year shall be accumulated and treated as a single deposit into the account on the first day of the next fiscal year. Such interest shall then be encumbered or expended on a first in—first out basis, along with impact fees; (b) For any impact fees, which are not encumbered or expended within the six-year period, staff shall (i) identify the specific real property for which the unencumbered or unexpended impact fee was paid ("eligible property"), and (ii) identify the owner of each eligible property as of the first day after the end of the six-year period ("eligible owner"); (c) Staff shall then notify each eligible owner in writing no later than sixty (60) days after the end of the six-year period that he/she is eligible for a refund in accordance with this section, upon submission of the application materials (as defined below). If staff has not received a response from the eligible owner within thirty (30) days of the first written notice, staff shall send a second written notice by hand delivery, certified mail, return receipt requested, or other form of overnight or express delivery which includes written confirmation with respect to delivery or non-delivery. Such notices shall be sent to each eligible owner at the address shown for the owner on the Property Appraiser's records relating to the eligible property or, if the Property Appraiser's records do not show an address, at any other address determined by staff to be reasonably reliable. Staff shall not be required to send notice to any owner who has submitted the application materials directly to the County Community Development Department; (d) Each eligible owner shall have one hundred and eighty (180) days from the date of the first notice to submit the application materials to the County Community Development Department, and sixty (60) additional days thereafter to correct deficiencies, if any, in the submitted application materials; (e) Upon receipt of the completed application materials and, if deemed necessary by staff, upon verification by staff of information contained in the application materials, the County shall deliver or mail a refund check in the amount of the impact fee paid, plus interest at the rate earned by the County on the funds from the date the county received payment of the impact fee to the date of the refund check, to each eligible owner (pro -rated for multiple owners), unless written instructions or authorization to the contrary signed by the owner are received by the County, or unless the owner has assigned the refund to a third party. Interest paid on a refund shall be paid and accounted for as any other expenditure from the impact fee account. No fee shall be charged by the County for receiving and processing the application materials; (f) If the eligible owner fails to submit the application materials to the County Community Development Department within one hundred and eighty (180) days from the date of the first notice, or fails to correct deficiencies, if any, within sixty (60) additional days thereafter, the eligible owner shall be deemed to have irrevocably waived any right to the refund set forth in this section; (g) For the purposes of this section, the term "current property owner" shall mean the owner of the eligible property as of the first day after the end of the six year period, and the term "application materials" shall mean (i) an application in affidavit form duly signed by the eligible owner applying for the refund and verifying that he/she was the owner of the eligible property as of the first day after the end of the six year period, and (ii) an IRS Form W-9 completed and signed by each payee on the refund check. If the eligible property is owned by two (2) or more owners, only one (1) owner is required to sign the application, but all payees must sign an IRS Form W-9; (h) Notwithstanding the above, the Board of County Commissioners shall be authorized to extend the six-year period for any impact fee categories for up to an additional three (3) years, upon a finding by the Board that such extension is necessary to better match the timing of construction or acquisition of capital improvements with the actual timing of development or growth which created the need for the improvements, and only if development approvals for projects in Indian Updates are shown with StFike thFeurt"s and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 10 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1000. PURPOSE AND INTENT River County have been extended by state or federal legislative action for a period of time which equals or exceeds the period of the extension. An extension shall be made by resolution following public hearing and shall apply only to those impact fees for which the six-year period has not yet expired as of the date of the resolution. Multiple extensions may be adopted, provided the total time period of all extensions, as applied to any specific impact fee paid to and collected by the County, shall not exceed three (3) years. In the event of such extensions, all references in this section to "six (6) years" or "the six-year period" shall be deemed amended to refer to the six- year period, plus the time period of the extensions. This subsection (h) shall apply only to impact fees paid and collected after April 1, 2012; (i) If any impact fee(s) refunded hereunder was originally paid for a project which was not constructed, or was partially constructed to the point that a new building permit will be required to complete construction, a new impact fee(s) shall be due and paid at the time of future development of the property, or construction or completion of construction of the project, in accordance with the then existing impact fee schedule. (3) This section shall apply only to impact fees which are imposed pursuant to this chapter. (Ord. No. 2005-015, 5-17-05, Ord. No 2007-001, § I11{1), 1-23-07, eff_ 3-1-07, Ord_ No. 2012-004. 3, 3-13-12) FOOTNOTE(S): Updates are shown with StFoke thFeW and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 11 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1001. DEFINITIONS CHAPTER 1001. DEFINITIONS Sec. 1001.01 Title Sec. 1001.02 Purpose and intent. Sec. 1001.03 Definitions in alphabetical order. Section 1001.01. Title. Section 1001.02. Purpose and intent. Section 1001.03. Definitions in alphabetical order. Section 1001.01. Title. This chapter and the terms and definitions contained herein shall be known as the "Indian River County Impact Fee Definitions Chapter." (Ord. No. 2005-515. 5-17_C)5) Section 1001.02. Purpose and intent. It is the purpose of this chapter to maintain the definitions of terms for the impact fee regulations for Indian River County. (Ord_ No. 2005-015. 5-17-05) Section 1001.03. Definitions in alphabetical order. Capital improvement means land acquisition, construction, purchase of buildings, site improvement, architecture and engineering services, purchase of vehicles and equipment with at least a five-year life expectancy, and consultant's fees, but excludes maintenance and operation. Developer means any person who seeks to develop land for future construction by: applying for a change in land use, residential density, or zoning; applying for approval of any site plan or subdivision plat; applying for development approval subject to the requirements of F.S. § 380.06; applying for an initial concurrency certificate; and/or applying for a land alteration permit, building permit, or certificate of occupancy. Feepayer means a person commencing a land development activity by applying for a building permit or an initial concurrency certificate. (Ord. No. 2005-515, 5-17-05} Updates are shown with S+r*I(^ thFE)uRI+s and underlines. Strike -through wording will be deleted from the ordinance, underlined wordiniz will be added. Indian River County, Florida, Code of Ordinances Page 12 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1002. EMERGENCY SERVICES FACILITIES CHAPTER 1002. EMERGENCY SERVICES FACILITIES Sec. 1002.01 Short title; statutory authority; applicability. Sec. 1002.02 Findings. Section 1002.01. Short title; statutory authority; applicability. Section 1002.02. Findings. Section 1002.03. Computation. Section 1002.04. Use of funds. Section 1002.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the Indian River County Emergency Services Facilities Impact Fee Ordinance. (2) This chapter shall apply to all of Indian River County except for that property located within the Town of Indian River Shores. (Ord. No. 7005-015, 5--17-051) Section 1002.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing emergency services system is not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) Generallya€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new development. (3) For impact fee calculation purposes, tThe emergency services facilities level of service standaFd W thpis is .089 statioRs peF one thousand (1,000) permaRent plus weighted peak $201 per functional resident for additional capital assets, excluding Indian River Shores. ('turd. No. 2005-015, 5-17-05) Updates are shown with Woke thF9u hs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 13 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1002. EMERGENCY SERVICES FACILITIES Section 1002.03. Computation. (1) The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). (Ord. No, 2005.015 5-17-05) Section 1002.04. Use of funds. (1) All funds collected from emergency services facilities impact fees shall be used for the purpose of capital improvements to emergency services facilities under the jurisdiction of the county and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. (Ord. No. 2005-015, 5-17-05) Updates are shown with Stfike * and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 14 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1003. CORRECTIONAL FACILITIES CHAPTER 1003. CORRECTIONAL FACILITIES Sec. 1003.01 Short title; statutory authority; applicability. Sec. 1003.02 Findings. Sec. 1003.03 Computation. Sec. 1003.04 Use of funds. Section 1003.01. Short title: statutory authority: applicability. Section 1003.02. Findings. Section 1003.03. Computation. Section 1003.04. Use of funds. Section 1003.01. Short title; statutory authority; applicability. (1) This chapter shall be known and maybe cited as the Indian River County Correctional Facilities Impact Fee Ordinance. (2) This chapter shall apply to the entire county, including the municipalities within the county, to the extent permitted by Article VIII, sec 1(f), Florida Constitution. (Ord. No. 2005-015, 5-17-05) Section 1003.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing correctional facilities are not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) Generally, a€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new developments however, consistent with the findings of the Indian River County Impact Fee Update Study Final Report dated September 26, 2014, the board has determined to not use impact fees as a revenue source for correctional facilities - (3) For impact fee calculation purposes, tThe correctional facilities level of service standard for the county is fauraand- ene-half (4.50) inmate bed6 per one thou6and (1,000) PeFrnanent plu6 weighted $186 per functional resident for additional capital assets. (Ord. No. 2005-015, 5-17-05) Updates are shown with StFike thF9u^4s and underlines Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 15 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1003. CORRECTIONAL FACILITIES Section 1003.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). (Ord. No, 2005-015 5-17-05) Section 1003.04. Use of funds. (1) All funds collected from correctional facilities impact fees shall be used for the purpose of capital improvements to correctional facilities under the jurisdiction of the county and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. (Ord. No. 2005-015, 5-17-0) Updates are shown with syoke thMug4s and underlines. Strike -through wording will be deleted from the ordinance, underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 16 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1004. PUBLIC BUILDINGS DEVELOPMENT CHAPTER 1004. PUBLIC BUILDINGS DEVELOPMENT Sec. 1004.01 Short title; statutory authority; applicability. Sec. 1004.02 Findings. Sec. 1004.03 Computation. Sec. 1004.04 Use of funds. Section 1004.01. Short title: statutory authority: applicability. Section 1004.02. Findings. Section 1004.03. Computation. Section 1004.04. Use of funds. Section 1004.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the Indian River County Public Buildings Development Impact Fee Ordinance. (2) This chapter shall apply to the entire county, including the municipalities within the county, to the extent permitted by Article VIII, sec 1(f), Florida Constitution. (Ord. No. 2005-015. 5-17-05'; Section 1004.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing public buildings are not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) For impact fee calculation purposes, tThe public building level of service standard for the county is 1.99 building square feet peF Gapita foF permanent plus weighted peak seaseRal Gountywide pepulatiee- 480 per functional resident for additional capital assets.- (3) General) a€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new development. (Ord. No. 2005-015, 5-17-05) Updates are shown with Woke thFeughs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 17 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1004. PUBLIC BUILDINGS DEVELOPMENT Section 1004.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). � 0 r. iso. 2005-0 15 �-i ; -t;5) Section 1004.04. Use of funds. (1) All funds collected from public building development impact fees shall be used for the purpose of capital improvements to public building development under the jurisdiction of the Indian River County, under the jurisdiction of the county, and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. {Qrd. No, 2005-015, 5-17-051 Updates are shown with StN4e t;reaRhs and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 18 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1005. LAW ENFORCEMENT CHAPTER 1005. LAW ENFORCEMENT Sec. 1005.01 Short title; statutory authority; applicability. Sec. 1005.02 Findings. Sec. 1005.03 Computation. Sec. 1005.04 Use of funds. Section 1005 01. Short title: statutory authority: applicability. Section 1005.02. Findings. Section 1005.03. Computation. Section 1005.04. Use of funds. Section 1005.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the Indian River County Law Enforcement Impact Fee Ordinance. (2) This chapter shall apply to only the unincorporated areas of Indian River County. (Ord- No. 2005-015, 5-17-05) Section 1005.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) Existing law enforcement is not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) For impact fee calculation purposes, tThe law enforcement facilities level of service standard for the county is 2 * 09 affiners per one thousand (1,000) permanent plus weighted peak 6easGna4 $274 per functional resident for additional capital assets. (3) Generally, a€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new development. ,Ord. No 200,5-0115. 5-17-05) Updates are shown with StFoke thFo ghs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 19 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1005. LAW ENFORCEMENT Section 1005.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). "Ord. No. 2,005- 15, 5-17-05} Section 1005.04. Use of funds. (1) All funds collected from law enforcement facilities impact fees shall be used for the purpose of capital improvements to law enforcement facilities under the jurisdiction of the county and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. (Ord. No, 2005-015, 5-17-05) Updates are shown with StM(eg hs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 20 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1006. LIBRARY FACILITIES CHAPTER 1006. LIBRARY FACILITIES Sec. 1006.01 Short title; statutory authority; applicability. Sec. 1006.02 Findings. Sec. 1006.03 Computation. Sec. 1006.04 Use of funds. Section 1006.01. Short title; statutory authority; applicability. Section 1006.02. Findings. Section 1006.03. Computation. Section 1006.04. Use of funds. Section 1006.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the Indian River County Library Facilities Impact Fee Ordinance. (2) This chapter shall apply to the entire county, including the municipalities within the county, to the extent permitted by Article VIII, sec 1(f), Florida Constitution. (Ord, No. 2005-015, 5-17-55) Section 1006.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing library system is not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) For impact fee calculation purposes, tThe library facilities level of service standard for the county is five hund—red- eighty (580) square feet of libraFy spaGe peF one thousand (1,000) peFFAanent plus weighted peak seasonal GGunt�wide population, thFee thousand two huRdred (3,200) library materials peF one thousand (1,000) peFrAanent plus weighted peak seasonal Geuntywi populatien, 0.7 remputeF6 peF one thousand (1,000) permaneRt plus weighted peak seasonal peFFnaRent plus weighted peak seasonal Gauntywide papul $310 per weighted resident for additional capital assets. Updates are shown with 5461(e tl;Feughs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 21 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1006. LIBRARY FACILITIES (3) Generally, a€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new development: however, consistent with the findings of the Indian River County Impact Fee Update Study Final Report dated September 26 2014 the board has determined to not use impact fees as a revenue source for library facilities.- (Ord- No 2005-0,15, 5-17-05) Section 1006.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). (Ord. No. 2005-015 5-17-05) Section 1006.04. Use of funds. (1) All funds collected from the library facilities impact fees shall be used for the purpose of capital improvements to library facilities under the jurisdiction of the county and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. (Ord. No. 2005-015, 5-17-05) Updates are shown with woke threugl+s and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 22 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1007. SOLID WASTE FACILITIES CHAPTER 1007. SOLID WASTE FACILITIES Sec. 1007.01 Short title; statutory authority; applicability. Sec. 1007.02 Findings. Sec. 1007.03 Computation. Sec. 1007.04 Use of funds. Section 1007.01. Short title; statutory authority; applicability. Section 1007.02. Findings. Section 1007.03. Computation. Section 1007.04. Use of funds. Section 1007.01. Short title; statutory authority; applicability. (1) This chapter shall be known and maybe cited as the Indian River County Solid Waste Facilities Impact Fee Ordinance. (2) This chapter shall apply to the entire county, including the municipalities within the county, to the extent permitted by Article VIII, sec 1(f), Florida Constitution. (Ord. No 2005-015, 5-17-05) Section 1007.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing solid waste facilities are not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) For impact fee calculation purposes, tThe solid waste facilities level of service standard for the county is 2.2 tGR6 OF 3.67 GubiG yaFd6 peF Gapita for permaReRt plus weighted peak seasonal X64 per weighted resident for additional capital assets. (3) General) a€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new development however, consistent with the findings of the Indian River County Impact Fee Update Study Final Report Dated September 26 2014 the board has determined to not use impact fees as a revenue source for solid waste facilities- (Ord- No. 2005-015, 5-17-05) Updates are shown with stNke tnFGughs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added.— Indian dded—Indian River County, Florida, Code of Ordinances Page 23 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1007. SOLID WASTE FACILITIES Section 1007.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). (Orsi. No. 2005-015, 5-17-05) Section 1007.04. Use of funds. (1) All funds collected from the solid waste facilities impact fees shall be used for the purpose of capital improvements to solid waste facilities under the jurisdiction of the county and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. (Ord, No, 2005-015. 5-17-05) Updates are shown with stF:,ke-t;,eughs and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added.— Indian River County, Florida, Code of Ordinances Page 24 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1008. PARKS AND RECREATION FACILITIES CHAPTER 1008. PARKS AND RECREATION FACILITIES Sec. 1008.01 Short title; statutory authority; applicability. Sec. 1008.02 Findings. Sec. 1008.03 Computation. Sec. 1008.04 Use of funds. Section 1008.01. Short title: statutory authority: applicability. Section 1008.02. Findings. Section 1008.03. Computation. Section 1008.04. Use of funds. Section 1008.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the Indian River County Parks and Recreation Facilities Impact Fee Ordinance. (2) This chapter shall apply to only unincorporated Indian River County. :Ord. Nc. 2005-015, 5-17-05) Section 1008.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing parks and recreation facilities are not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) For impact fee calculation purposes, tThe park and recreation level of service standard for the county is standard fGF the GGunty is 6.61 aGres per one thousand (I,000) permanent pk�s $836 per weighted resident for additional capital assets. (3) Generally, a€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new development. (Ord. No 2005•-015. 5-17-05) Updates are shown with StFoke-thF9 and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 2S - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1008. PARKS AND RECREATION FACILITIES Section 1008.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). (Ord. No. 2005-015, 5-17-05) Section 1008.04. Use of funds. (1) All funds collected from the parks and recreation facilities impact fee shall be used for the purpose of capital improvements to parks and recreation facilities under the jurisdiction of the county, and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. (Ord. No. 2005-015, 5-17-05) Updates are shown with StFike thFe and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 26 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1009. PUBLIC EDUCATION FACILITIES CHAPTER 1009. PUBLIC EDUCATION FACILITIES Sec. 1009.01 Short title; statutory authority; applicability. Sec. 1009.02 Findings. Sec. 1009.03 Computation. Sec. 1009.04 Use of funds. Section 1009.01. Short title; statutory authority; applicability. Section 1009.02. Findings. Section 1009.03. Computation. Section 1009.04. Use of funds. Section 1009.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the Indian River County Public Education Facilities Impact Fee Ordinance. (2) This chapter shall apply to the entire county, including the municipalities within the county, to the extent permitted by Article VIII, sec 1(f), Florida Constitution. (Ord No. 2005-0 5-17-05) Section 1009.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing public education facilities are not sufficient to accommodate anticipated new development without decreasing the existing levels of service. (2) For impact fee calculation purposes, tThe public education facilities level of service standard4of elementary GGheols is 144.71 building square footage peF student station, f9F middle GGheols ', 117.26 building squaFe footage per student station, f9F high 6GhOGIS 46 !47.57 buildiRg square footage peF 6tudeRt 6tation, and eyeFall, the GGunty wide weighted average level of serviGe standard fbF all SGhGG16 06 139.07 building squaFe foetage per stude t station is 1 (one) permanent student station per student which includes an average of 147.7 permanent net square footage per station and $24,114 of capital investment per student. Updates are shown with strike thFeaghs and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 27 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1009. PUBLIC EDUCATION FACILITIES (3) Generally, a€xisting revenue sources are not sufficient to fund capital improvements necessary to accommodate new development. (Ord_ Na. 2005-015. 5-17-05) Section 1009.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). (Ord. No 2005-015, 5-17-05; Section 1009.04. Use of funds. (1) All funds collected from public education facilities impact fees shall be used for the purpose of capital improvements to public education facilities under the jurisdiction of the School Board of Indian River County, Florida, and not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate new growth and development in the county. (2) Funds shall be used exclusively for capital improvements in the areas of Indian River County from which the funds are collected. Funds shall be expended in the order in which they are collected. Ord. No. 2005-0;15, 5-17-05j Updates are shown with S*F*I(^ thF9 and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 28 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS Sec. 1010.01 i Short title; statutory authority; applicability. Sec. 1010.02 Findings. Sec. 1010.03 Establishment of a fee schedule. Sec. 1010.04 Credit against payment of traffic impact fees. Sec. 1010.05 Use of funds collected and trust funds. Section 1010.01. Short title: statutory authority; applicabilit Section 1010.02. Findings. Section 1010.03. Establishment of a fee schedule. Section 1010.04. Credit against payment of traffic impact fees. Section 1010.05. Use of funds collected and trust funds. Section 1010.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the "Indian River County Traffic Facilities and Fair Share Roadway Improvements Ordinance." (2) The board of county commissioners has authority to adopt this chapter through its general non -charter home rule powers pursuant to Article VIII of the 1968 Florida Constitution, as amended, and Section 125 and 163, Florida Statutes. (3) This chapter shall apply to the unincorporated area of Indian River County, and to the incorporated areas of Indian River County. (Ord. No 2005-015, 5-17-05) Section 1010.02. Findings. (1) In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (2) The existing traffic facilities are not sufficient to accommodate anticipated new development without decreasing the existing levels of service. Updates are shown with S*F*I(^ thF9 and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 29 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS (3) The traffic facilities average level of service for impact fee calculation purposes is "D" en all readwa s -during peak hour, peak season, peak direction conditions for all roadways in the county. For impact fee calculation purposes it is assumed that some roadways operate above LOS D while others operate below LOS D. ,"Ord. No. 2005-015, Section 1010.03. Use of a fee schedule or individual assessment (traffic). (1) Any person who shall initiate any new land development activity generating traffic shall pay a "fair share roadway improvements fee" for the land development activity as established by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or the manner set forth in subsection 1010.03(2). (2) As an alternative to the fee schedule, a feepayer may opt to conduct an individual assessment of fiscal impact of land development activity on the major road network. Such assessment shall be based on a traffic impact analysis and a demonstration that the demand -generated by the land development activity is less than the demand component calculated for the applicable land use in the fee schedule (Appendix A). For individual assessments, the following criteria shall apply: (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: 1. Any person commencing land development activity generating traffic which increases demand chooses to have the fee determined by the individual assessment and pays to the county an individual assessment review fee as established by the board of county commissioners by ordinance or resolution; or 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 of a traffic impact analysis, which shall include the following information: 1. The projected trip generation rates for the proposed land development activity based on the average daily traffic of the proposed land development activity. Trip generation rates shall be assessed on an average annual basis, and on a peak hour, peak season, peak direction 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 may be used, if it is based on methodological standards acceptable to the transportation engineering profession; 2. The projected trip length and percent new trips for the proposed land development activity based on surveys of similar land use types. Trip length and percent new trips information shall be based upon local empirical surveys of similar land use types or 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 present new trips information may be used, if it is based on methodological standards acceptable to the transportation engineering profession. 3. The resulting impact fee for the proposed land development activity will be calculated using the trip generation rate; trip rate, trip length, and percent new trips developed in the preceding Updates are shown with S*F*I(^ +"F^ and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 30 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS sections, along with the current impact fee equation construction cost and credit equation_ The proposed impact fee calculation shall be included in the individual assessment submittal fasters. (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 performed pursuant to section 1010.03(2) shall be submitted by the developer of the proposed land development activity and shall be prepared by qualified professionals in the field of transportation planning or engineering. When completed, the traffic impact analysis and individual assessment shall be submitted to the county administrator, or his designee. (D) Within twenty (20) days of receipt of a traffic impact analysis and individual assessment, the county administrator or his designee shall determine if the submittal it is complete. If the county administrator determines the applisatieR submittal 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 submittal. (E) When the county administrator or his designee determines that the submittal is complete, he shall notify the applicant of its completeness within (5) days, and he shall review 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 sub6tantially different from the fee set down in section 1000.08(1), 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. When a variation from the fee schedule is approved conditions may be attached to the development approval to ensure consistency with assumptions made in the individual assessment submittal. (G) An appeal of a decision on an individual assessment submittal shall follow the appeal procedures of Chapter 100.06 of this Code. (Ord. No, 2005-015, 5-17-05) Section 1010.04. 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 improvement listed on the 20 -year Capital Improvement Plan of Indian River County or the 20 -year Capital Improvement Plan of 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 of the capital improvement on the date of the contribution, 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 Updates are shown with strii(as and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 31 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS 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, the county administrator or his designee shall, within thirty (30) days of such a determination, review the proposed agreement, and shall approve said agreement if the provisions and requirements of this chapter are satisfied. (A) No credit shall be given for site -related improvements or site -related right-of-way dedications. (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; The paving and/or improvement of a thoroughfare plan roadway segment, 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; 3. Driveways and roads within the development; 4. Acceleration and deceleration lanes, and right and left turn lanes leading to those roads and driveways within the development; 5. 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 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 chapter. (7) All required right-of-way dedications and/or roadway improvements which are compensable and 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. Updates are shown with stFoke t;Feughs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 32 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS (8) Credit for the dedication of non -site related right-of-way shall be valued on 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 by 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. (9) To receive a credit for construction of non -site related road improvements, an applicant shall submit to the county director of community development a proposed credit agreement application pursuant to this chapter, along with engineering drawings 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. (10) Credit for non -site related construction is limited to capital improvements. A capital improvement includes engineering design studies, land surveys, permitting, and construction of all necessary features for any road construction project including, but not limited to: (A) Construction of new through lanes; (B) Construction of new turn lanes (not related to the project site); (C) Construction of new bridges; (D) Construction of new drainage facilities in conjunction with new roadway construction; (E) Purchase and installation of traffic signalization, including new upgraded signalization and other traffic control devices (not related to the project site); (F) Construction of curbs, medians, and shoulders (not related to the project site); and (G) Relocating utilities to accommodate new roadway construction. (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 road right-of- way, shall apply the right-of-way standards it has established in the unincorporated areas throughout the entire county. Accordingly, dedication of the minimum local road width (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 and thereby maintaining the integrity of the pro rata or proportionate share concept. (12) Credits shall not be transferable from one project or development to another without the approval of the county administrator or his designee. Credit transfers may be approved only when the project or development where the credits are being transferred from is within the same impact fee district as the project or development where the credits are being transferred to. {Ord. Na. 2005-015, 5-17-05} Updates are shown with StFoke *"•^ and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 33 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS Section 1010.05. 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) 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 (3) separate trust accounts, one (1) 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 original nine (9) 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 according to 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) "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 (9) 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 (31) 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 earning shall be carried over in the specific trust account to the following fiscal period. beard'sNetwith6tanding any otheF provision of this Gede, and based upon the and unique G*FGUFn6tanGes exi6t, a one time refund shall be Fnade of Gertain tFaffiG 4FnpaGt plus aGGumuiated interest on sunh fees, GolleGted and paid 'Rte the original tFaffiG 'FnpaGt fee DistriGt 11 trust aGGeunt ("DiStFiGt 11 AGc;GURV). The total amount eligible for Fefund shall be the totc-4 amount held On the D*6tr*Gt 11 AGGGunt a6 of FebruaFy 2i, 2012, whiGh amount is one million, one hundred fifteen thou6and, sax hundFed ninety 6ix dollaFs and 6iXty-6even Gents ($1,115,696.67-) „ Fefund „ ). The refund 6hall be Fnade in aGGGFdanGe with the following PFGGeduFe� (a) StartiRq with the last mn;paGt fee paid intn_ thim Dws;tr*Gt 11 AGGGURt, and MQViRg baGkward an time, staff shall eaGh *FnpaGt fee whiGh was paid Onto the aGGOUnt, and (ii) Ga!Gulate 6imple & nteFe6t an SUGh fee fFem the date of payment ef the fee until FebruaFy 21, 2012, at the Fate of Updates are shown with StFoke thFOU and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 34 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS Updates are shown with StF*I(e +"F^ and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 35 - - -- - - • MN m- 11CMITFrMir. A.. =11.11ITI IN a. ININ NO - - Mill-_ - MI. .7 _ •paWIL Updates are shown with StF*I(e +"F^ and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 35 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1010. TRAFFIC FACILITIES AND FAIR SHARE ROADWAY IMPROVEMENTS Updates are shown with stoke thF9 and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 36 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1011. ADMINISTRATIVE CHARGES CHAPTER 1011. ADMINISTRATIVE CHARGES Sec. 1011.01 "Short title; statutory authority; applicability. Sec. 1011.02 Findings. Sec. 1011.03 Computation. Sec. 1011.04 Use of funds. Section 1011.01. Short title: statutory authority; applicability. Section 1011.02. Findings. Section 1011.03. Computation. Section 1011.04. Use of funds. Section 1011.01. Short title; statutory authority; applicability. (1) This chapter shall be known and may be cited as the Indian River County Impact Fee Administrative Charges Ordinance. (2) This chapter shall apply to all areas of the county including municipalities and the incorporated areas of the county to the extent permitted by Article VIII, sec. 1(f), Florida Constitution. (Ord. No2005-015, 5-17-05) Section 1011.02. Findings. In addition to those findings and determinations found in Chapter 1000, the board of county commissioners makes the following findings and determinations: (1) The existing governmental staff and facilities are not sufficient to implement, assess or collect impact fee assessed in this title. (2) Existing revenue sources are not sufficient to fund the costs of collecting impact fees associated with new development. (3) The administrative charge equal to three (3) percent of the impact fees assessed to the County or to the participating municipality in order to off -set the cost of administering the impact fee program is reasonable and necessary to administer the impact fee program. Updates are shown highlighted with-1AFike cn,vaghs and underlines Strike -through wording will be deleted from the ordinance underlined wording will be added. Indian River County, Florida, Code of Ordinances Page 37 - CODE OF ORDINANCES Title X. - IMPACT FEES CHAPTER 1011. ADMINISTRATIVE CHARGES (4) Each participating municipality shall be entitled to retain two (2) percent of the funds collected under this title to compensate them for the administrative expense of administering this title, which is reasonable and necessary to collect impact fees assessed by this title. (Ord. No 2005-015, 5-17-05) Section 1011.03. Computation. The amount of the fees imposed by this chapter shall be determined by the fee schedule attached as Appendix A to this title and incorporated by reference herein, or by the manner set forth in subsection 1000.08(3). (Ord_ No 2005-015, 5-17-05) Section 1011.04. Use of funds. (1) All funds collected by this chapter shall be used for the purpose of administering the impact fee collection program and not for maintenance or operations of other programs. (2) Funds shall be expended in the order in which they are collected. (Ord. No. 2005-015. 5--17-05) Updates are shown highlighted with StFike thFeu and underlines. Strike -through wording will be deleted from the ordinance underlined wording will be added. 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