HomeMy WebLinkAbout2012-002ORDINANCE NO. 2012 - 002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1010.05 OF
THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR A
REFUND OF CERTAIN TRAFFIC IMPACT FEES AND ACCRUED
INTEREST HELD IN THE ORIGINAL TRAFFIC IMPACT FEE
DISTRICT II TRUST ACCOUNT; MAKING FINDINGS AND
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, between 1986 and 1999, Indian River County was divided into nine traffic
impact fee districts, and traffic impact fees were collected in each of the nine districts; and
WHEREAS, in 1999, the Board of County Commissioners adopted Ordinance 99-14
which (a) eliminated the original nine traffic impact fee districts and replaced them with three
new traffic impact fee districts, and (b) required that traffic impact fees collected in the original
nine traffic impact fee districts be spent within the original district in which the fees were
collected; and
WHEREAS, all traffic impact fees collected in the original nine traffic impact fee
districts have been fully spent, with the exception of certain fees collected in original traffic
impact fee District II, which consists of the barrier island, from Beachland Boulevard on the
north to the County line on the south; and
WHEREAS, as of February 21, 2012, the total amount of remaining impact fees and
accrued interest in the original traffic impact fee District II trust account is $1,115,696.67; and
WHEREAS, based upon special and unique circumstances relating to the remaining
funds in the original traffic impact fee District II trust account — particularly, the passage of time
since collection of the fees, and the limited number of improvement or expansion projects
available within original traffic impact fee District II — the Board has determined that the public
interest will be served by a refund of the unspent impact fees, as set forth herein.
NOW, THEREFORE, BE IT. ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes, vest
broad home rule powers in counties to enact ordinances, not inconsistent with general or special
law, for the purpose of promoting the public health, safety and welfare of the residents of the
County. The Board specifically determines that the enactment of this ordinance is not
inconsistent with general or special law, and is necessary and appropriate to promote the public
health, safety and welfare of the residents of Indian River County.
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ORDINANCE NO. 2012 - 002
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby
incorporates such clauses as findings of the Board.
Section 3. Amendment of Section 1010.05 of the Code.
Section 1010.05 of the Code of Indian River County, Florida, is hereby amended to read
as follows (new language indicated by underline):
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 (3 1) percent; District II --nineteen (19) percent; District III --eight
(8) percent; District IV --nine (9) percent; District V --ten (10) percent; District VI --four (4)
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ORDINANCE NO. 2012 - 002
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.
(D) Refund of Certain Traffic Impact Fees Collected in Original Traffic Impact
Fee District II Notwithstanding any other provision of this Code and based upon the Board's
findingthat hat special and unique circumstances exist a one-time refund shall be made of certain
traffic impact fees plus accumulated interest on such fees collected and paid into the original
traffic impact fee District II trust account -("District II Account"). The total amount eligible for
refund shall be the total amount held in the District II Account as of February 21, 2012, which
amount is $1,115,696.67 ("Total Refund Amount") The refund shall be made in accordance
with the following_ procedure:
(a) starting with the last impact fee paid into the District II Account, and
moving backward in time staff shall (i) identify each impact fee which was paid into the
account and (ii) calculate simple interest on such fee from the date of payment of the fee until
Februapy 21 2012 at the rate of six percent 6%) per annum ("calculated interest"), and repeat
this process until the total amount of identified impact fees and calculated interest equals the
Total Refund Amount,
(b) staff shall then identi� the specific real property for which each
identified impact fee was paid ("eligible property")
(c) staff shall then identify the owner of each eligible property ("eligible
owner") as of February 21, 2012,
(d) staff shall then notify each eligible owner in writing no later than
March 21 2012 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
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ORDINANCE NO. 2012 - 002
reasonably reliable Staff shall not be required to send notice to any owner who applies directly
to the County Community Development Department and completes executes and submits the
application materials,
(e) each eligible owner shall have until September 30, 2012 to submit the
application materials to the County Community Development Department, and until November
30 2012 to correct deficiencies if any, in the submitted application materials,
(f) upon receipt of the completed and executed application materials and,
if deemed necessary by county 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 calculated interest 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. No fee shall be charged by
the County for receiving and processing the application materials,
(g) if the eligible owner fails to submit the application materials to the
County Community Development Department by September 30 2012 or fails to correct
deficiencies if any, in the submitted materials by November 30, 2012, the eligible owner shall be
deemed to have irrevocably waived any right to the refund set forth in this section,
(h) for the purposes of this section the term "application materials" shall
mean a) 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 February 21, 2012,
and (b) an IRS Form W-9 completed and signed by each payee on the refund check. If the
eligible property is owned by two or more owners only one owner is required to sign the
affidavit but all payees must sign an IRS Form W-9,
(i) notwithstanding the above if the Total Refund Amount is not fully
refunded to eligible owners (including third party assignees or authorized payees) as a result of
the refund process set forth above then a second refund process shall take place following the
same procedure revised as follows: (i) the total refund amount for the second refund process
shall be the sum of any amount of the Total Refund Amount which was not refunded as a result
of the first refund process (excluding the amount of any refund which the owner waived and
requested that the amount be used for road expansion projects on the south barrier island), and
(ii) initial notice to eligible owners shall be sent no later than December 15, 2012, applications
shall be submitted no later than July 31 2013 and deficiencies if any, in application materials
shall be corrected no later than September 30, 2013,
(j) issues which may arise during the implementation of this section may
be decided by staff, subject to a right of appeal to the Board filed in writing with the County
Community Development Department within twenty (20) days of notice of staff's decision, and
ORDINANCE NO. 2012 - 002
Lk) if any impact fee refunded hereunder was originally paid for a proiect
which was not constructed a new impact fee(s) shall be paid at the time of future development of
the property, in accordance with the then existing impact fee schedule.
Section 4. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of
competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and
shall remain in full force and effect.
Section 5. Effective Date.
This ordinance shall become effective upon enactment by the Board of County
Commissioners and filing with the Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 1st day of
February , 2012, for a public hearing to be held on the 21stday of February 92012,
at which time it was moved for adoption -by Commissioner o' Bryan , seconded by
Commissioner Solari , and adopted by the following vote:
Chairman Gary C. Wheeler
Aye
Vice Chairman Peter D. O'Bryan
Ave
Commissioner Wesley S. Davis
Aye
Commissioner Joseph E. Flescher
Aye
Commissioner Bob Solari
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 21 s t day
of February '2012.
.•�y �OMMISS� �
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ATTEST: Jeffrey K. Barton, Cler"I�"'""'••
By:
(;
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By: 2
Gary C. eeler, Chairman
Approved as to form and legal sufficiency:
Alan S. olackwich, Sr.,County Attorney
EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of
2012.
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