Loading...
HomeMy WebLinkAbout1/22/1986 (2)Wednesday, January 22, 1986 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, January 22, 1986, at 5:15 o'clock P.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; and Margaret C. Bowman. William C. Wodtke, Jr. was out of state attending a seminar in Scottsdale, Arizona. Also present were Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order and announced that this is the last of two public hearings in regard to the imposition of a fair share roadway improvements fee on'new land development activity. FAIR SHARE ROADWAY IMPROVEMENT ORDINANCE The hour of 5:15 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: B00r 63 P' -H 41 L_ JAN 2 2 1986 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida JNTY OF INDIAN RIVER: kTE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published Jero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the / Court, was pub - in said newspaper in the issues of l�� 17, /Z Q6 lffiant further says that the said Vero Beach Press -Journal is a newspaper published at a Beach, in said Indian River County, and that the said newspaper has heretofore •i continuously published in said Indian River County, Florida, weekly and has been entered econd class maillmatter at the post office in Vero Beach, in said Indian River County, Florida a period of one year next preceeding the first publication of the attached copy of adver- •rent; and affiant further says that he has neither paid nor promised any person, firm or )oration any discount, rebate, commission or refund for the purpose of securing this adver- •nent for publication in the said newspaper. m to and subscribed re this Z day of �� • A.D.:? (Business, anager) l 1 -NU (Clerk of the Circuit Court, Indian River County, Florida) BOOK 63 Fr„c 12,® OW i t II�ACf FFA DISTRIf1S — . : rf �y�• atCRN wall COtrtly ' i i - ti• ... +.�,'•; a .. L 4 NOTICE OF FAIR SHARE ROADWAY IMPROVEMENTS ORDINANCE ' The Board of County Commissioners of Indian River County proposes to adopt a Fair Share Roadway Improvements Ordinance to be applied to all land within the area shown in the map in this advertisement. A public hearing on the proposed ordinance will be held on Wednesday, January 22,1See, at 5:15 p.m., In the County Commission Chambers in the County Administration Building located at 1840 25th Street, Vero Beach, Florida. The purpose of this public hearing Is to consider the adoption of a County Ordinance establishing a Fair Share Roadway Improvements fee for all new land development activity generating traffic including development In the unincorporated part of the County and development within municipalities. The ordinance is entitled: AN ORDINANCE TO BE KNOWN AS THE INDIAN RIVER COUNTY FAIR SHARE ROADWAY IMPROVEMENTS ORDINANCE; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY, PROVIDING FOR INTENT AND PURPOSE; PROVIDING RULES OF CONSTRUCTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE IMPOSITION OF A FAIR SHARE ROAD -WAY IMPROVEMENTS FEE ON ALL NEW LAND DEVELOPMENT ACTIVITY GENERATING TRAFFIC: PROVIDING FOR TIME OF PAYMENT; PROVIDING FOR INTERPRETATION OF THE FEE SCHEDULE: PROVIDING FOR CREDITS: PROVIDING FOR REVIEW OF THE ORDINANCE AND FEE SCHEDULE; PROVIDING FOR USE OF FUNDS COLLECTED AND TRUST FUNDS: PROVIDING FOR EXEMPTIONS; PROVIDING FOR LIBERAL CONSTRUCTION AND SEPARABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR EFFECTIVE DATE. The Ordinance establishes a fair share roadway Improvements tea for various land use attivftles based on which district of the County the use Is located in. The fee schedule to established as follows: FEE SCHEDULE FOR NEW LAND DEVELOPMENT ACTIVITY District District District District District District District District District Land Use Type (Unit) 1 11 III IV V VI VII VIII IX Residential: - - Single family (per unit) . 1148 1093 762 638 560 248 182 .453 Ise Multi -family 3 stories t (per unit) See 539 376 288 276 122 75 223 78 Mobile homes 797 759 529 374 389 172 106 316 110 Hotel/Motel (per bedroom) 1627 1848 783 663 676 268 Ise 488 163 All other Residential 1148 1093 762 538 560 248 152 463 Ise Office and Financial: Medical Office (per 1,000 sq.fL) 2392 2276 1887 1121 1188 516 317 944 330 Other Office (per 1,000 sq. 11.) 982 935 652 460 479 212 130 388 136 Industrial r Warehouse (per 1,000 sq. ft.) 327 312 217 153 160 71 43 129 45 General Industrial (per 1,000 sq. 1L) 362 a" 240 170 177 78 48 143 s0 Retail Under 50,000 sq. IL 2130 2027 1413 998 1038 460 282 841 294 (per 1,000 sq. ft.) 50,000-99,999 sq. fl. 2192 2086 1464 1027 1069 473 290 866 303 (pr r000-24 899 sq. ft, 2808 2388 1886 1178 7224 842 332 980 t 348 (per 1,000 sq. ft.) 250,000 and over 2592 2467 1720 1215 1266 569 343 1023 .' 388 (per 1,000 sq. H.) i Anyone who may wish to appealaarrkry dechdon which may be made at this meeting will need to arawre that a verbatim record at the proceedings is made, which iZudes the testimony and evidence upon which ere appeal is basetl. .f Indian River County r Board of County Commissioners By: -a- Don C. Scurlock, Jr., Chairman Chairman Scurlock announced that although Michael Brown and Craig Richardson of Barton-Aschmann were delayed by a traffic accident out on SR -60, we would begin the meeting as he believed he and Public Works Director Jim Davis could answer most of the questions, and then the consultants will answer any others when they arrive. Director Davis explained that two major changes were f ' incorporated into the proposed ordinance as a result of the first 2 public hearing on January 8, 1986. At that meeting there Were some comments on the multiple -family range; a change was made to the impact fee schedule shown on Page 10. Multiple family is now shown as one land element, regardless of how many stories there are. - FEE SCHEDULE FOR MR LAND DEVELOPMEW ACTIVITY Type of Land District District District District District District District District District Developrrns:t Activity I II III IV V VI VII VIII IX Residential: $ 766 Single family (per unit) $1158 Multi -family (per unit) 650 Mobile hares 780 Hotel/Motel (per bedroom) 1642 All other residential 1158 Office and Financial: 155 Medical Office 162 (per 1,000 Sq.ft.) 2436 Other office 373 (per 1,000 sq.ft.) 1000 Industrial: warehouse (per 1,000 sq.ft.) 334 General Industrial 782 (per 1,000 sq.ft.) 369 Retail: 156 Under 50,000 sq.ft. 2169 (per 1,000 sq.ft.) 766 50,000-99,999 sq.ft. 2233 (per 1,000 sq.ft.) 153 100,000-249,999 sq.ft. 2556 (per 1,000 sq.ft.) 1587 250,000 and over 2640 (per 1,000 sq.ft.) 317 $1082 $ 766 $ 540 $ 563 $ 249 $ 153 $ 456 $ 159 607 778 54B 571 253 155 463 162 728 508 358 373 165 101 302 106 1535 782 551 575 254 156 465 163 1082 766 540 563 249 153 456 159 2276 1587 1118 1166 • 516 317 944 330 935 652 459 479 212 130 388 136 312 217 153 160 71 43 129 45 345 240 169 177 78 48 143 50 2027 1413 996 1038 460 282 841 294 ' 2086 1454 1025 1069 473 290 865 303 2388 1665 1173 1224 542 332 990 346 2467 1720 1212 1264 559 343 1023 358 _ (2) Because of the administrative costs the County would normally incur in processing and reviewing a traffic impact Analysis for an Individual Assessment of the impact new land development would have on the County's major road network, the impact fees in the fee 'schedule have been reduced by fifteen (15%) percent. For any person choosing to prepare an Individual Assessment, the County shall require the full cost for providing new roads for the land development activity generating traffic. For Districts 1 and 2 on the barrier island, the impact fee Is now based on the traffic generation rate for the multiple -family areas sampled. The samples taken for multiple -family indicated that the mainland generated 7.35 trips per unit compared to 4.0 3 JA2 2 1986 Bou 63 Fir 4'�� BOOK 63 Pm)r_ 4 �2 trips for the barrier island. The single-family rate was 7.24 trips for the areas sampled, which is just a little bit less than the 7.35 trips for multiple family. Previously, when there were two classifications, the consultant averaged out the multiple -family use between the mainland and the barrier island instead of using the actual results of the survey, which resulted in the multiple -family always being less than single family. That is the reason for the change in multiple -family fees in Districts 1 and 2. The reason why single family on the barrier island pays a higher fee is because the construction cost per lane mile is higher in those districts. Director Davis noted that the study indicated that the single-family generation rate in our county is much less than the national average. The Institute of Technical Engineers' rate for single family is 10 trips per unit, compared to 7.24 here. The other major change resulted from the desire to show the percentages each district would pay towards bridge improvement, and that has been done on Page 23 under Section D of the ordinance. D. Expenditure of Fair Share Fees in Trust Accounts (1) Proceeds from the trust accounts shall be used exclusively for capital expansion of the County's major road network system in the District from which the monies have come, and in a manner consistent with the Indian River County Comprehensive Plan, except 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-31%; District II -19%; District III -8%; District IV -9%; District V-10%; District VI -4%; District VII -4%; District VIII -10%; District IX -5%,. r 4 W s s Chairman Scurlock recalled that one of the things brought up at the previous meeting was the establishment of a committee to discuss the infrastructure of traffic improvements. - Administrator Wright advised that staff will have something - specific to bring to the Board within 30 days. Commissioner Bird asked Director Davis to review the formula used to come up with the impact fees. Director Davis explained that to get the construction cost per lane mile for each district, they costed out the improvements needed to be made in each of the 9 districts and divided that cost by the total lane miles in each district. They then multiplied the construction cost per lane mile times the number of lane miles of roadway that each particular land use is necessitating. For example, a single-family home needs approximately 17 feet of a one -lane roadway to mitigate its impact on the system; therefore, to determine the impact fee, you multiply the length times the cost per lane mile in that district. Commissioner Bird asked what percentage of the road improve- ments would be funded through the impact fee, and Director Davis advised that Dr. Nichols of Barton-Aschmann has determined that the impact fees would provide about 300 of our needs. Commissioner Bird asked how we determined the number of building permits that would be issued over the next 20 years, and Director Davis explained that they based it on past growth and the number of units in each district. That projection was then plugged into the traffic model to simulate the capital improvement 'I program. Commissioner Scurlock interjected that you divide the number of units into the dollars to get the capital improvement plan. Director Davis emphasized that this fee structure is based on today's construction costs, and Chairman Scurlock pointed out that is one of the reasons we are going to analyze the fees and 5 BOOK 63 F1,c� 4? JAS 2 2 1986 _ JAN 2 21996 63 P�i;��_ V4 BOOK r the plan on a periodic basis to see if some modification is indicated. Chairman Scurlock noted that representatives of the Department of Transportation were at this morning's Commission meeting. The DOT is not adding any projects to their list as they are still working on projects that were underfunded in the past; so it looks as if we will have to fund some of the projects ourselves that the DOT has done in the past. Apparently it will be five years before we see any construction on the Merrill -Barber Bridge, unless we go to a local option to do these .improvements. If we do not, it is possible that development might have to cease -both on the mainland and the barrier island. Chairman Scurlock asked if there were any other changes incorporated in the current draft of the proposed ordinance, and Director Davis advised that some redundancy was taken out but the the ordinance is the same other than the two major changes discussed. Commissioner Bird wondered what happens when a person who has resided in the county for several years sells his home and moves to another district. Chairman Scurlock believed that person would recoup his impact fee expense in the sale of his residence. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Robert McKnight, 602 21st Street, Vero Beach, explained that his company was before this Board about three months ago with the first PRD application for Sixty Oaks, a small residential development of 60 units. While his company supports the imposition of impact fees, they are concerned about how their specific project would be treated under this program. Their project is unique in that it is the first zero lot line development in the county, and he believed that under the multiple -family land use classification, they would fall under 6 "all other residential" in District 8. Mr. McKnight anticipated marketing the small duplexes to retirees. Chairman Scurlock explained that the ordinance provides an appeal process whereby developers can get their impact fees reduced if they can demonstrate that their development creates substantially less impact. He felt that if the appeal process does not work, we may have to come back at some point in time and add other categories; the ordinance is not etched in concrete. Charles Block, local architect representing numerous clients in all phases of development, asked if the implementation timetable has been discussed. On their arrival, Michael Brown and Craig Richardson of Barton-Aschmann advised that their recommendation is that the impact fees be collected at the time the building permit is issued. The proposed effective date is February 28, 1986. Administrator Wright advised that anyone in line by 5:00 o'clock P.M. on Friday, February 28, 1986, would not be required to pay road impact fees. Those coming in on Monday morning, March 3rd, would have to pay the impact fees. Director Davis advised that staff is developing a series of guidelines for implementing the ordinance. Tom Collins, 1880 Shell Lane, pointed out that the County and the State own large amounts of property on the barrier island and wanted to know if -they would have to pay impact fees when they developed new parks, etc. Attorney Craig Richardson explained that there are absolutely no exemptions; all new development, even public entities, will have to pay road impact fees for any increased traffic that necessitates road improvements. Chairman Scurlock emphasized that all the districts contribute to bridge improvements, not just Districts 1 and 2 on the barrier island. 7 JAN 22 1986 BOOK 6 3 F,, -U -C 402o5 JAN 2 2 1996 sooK 6 1,C 4 Mr. Collins asked how the impact fees would be determined on a new State or County park, and Mr. Brown stressed that it is based on the number of trips generated by the facility and there are certain generation rates that have been identified for a given number of acres of park land. County Attorney Vitunac cautioned that although this ordinance does not allow any exemptions, it may be that federal or state government, school boards, or the Department of Corrections have some statutory exemptions. Paul Domico, 1515 33rd Avenue, asked when he would pay the impact fees if he built an entrance way and gatehouse before constructing the actual development. Chairman Scurlock advised that impact fees will be collected every time he pulls a building permit, and the fees are based on the trips generated by that unit. It may be that a gatehouse does not generate any increased traffic. Chet Hogan, local realtor, asked how the traffic flow for a golf course would be allocated, and Chairman Scurlock repeated that everything is based on the number of trips that are generated by a particular activity. Mr. Hogan was concerned about a young couple who have been paying on a small lot for 5 years, but are not ready to build on it yet. Will they have to save longer to pay for the impact fees? Chairman Scurlock reiterated that they would have to pay the impact fees when they pull their building permit. Jim Reed, representing the Associated Contractors of America, stated that they realize the impact fees are necessary, but they would like to recommend that the Board push for a 64 per gallon gas tax to help pay the percentage that the road impact fees will not cover. Chairman Scurlock explained that Indian River County went with just a 24 -local option gas tax last year when surrounding counties went to 44. He felt that we are going to have to 8 consider increasing the optional gas tax to make improvements that are necessary under the capacities set in our Comprehensive Land Use Plan. Administrator Wright advised that sometime in late spring staff -will bring to the Board a proposal on the optional gax tax. He stressed that our needs are not going to be met by the road impact fees and our existing levels of funding. Nancy Offutt, Legislative Liason for the Vero Beach/Indian River County Board of Realtors, and Legislative Coordinator for the Chamber of Commerce, believed that both organizations recognize the need to provide adequate infrastructure for the anticipated growth and development in the county. They are pleased to hear that the fee schedule will not be amended annually as they believe that would be a detriment to good planning. Both organizations support the concept of the infrastructure committee and hope that it is implemented in such a way that it is contributory towards the annual review of the ordinance Itself. The Chamber of Commerce would like us all to recognize that an impact fee is, indeed, a form of taxation which will be passed on to the consumer and will result in a higher cost of living. Road impact fees might just be the tip of the iceberg because we are looking at impact fees for utilities, education, recreation, etc. Robert Gaskill, Vista Properties, agreed that a 64 local gas tax would be necessary to supplement the road impact fees. He understood the differentiation between 1-3 stories for multiple family had been deleted from the ordinance after the last public hearing on this issue. However, Vista Properties is concerned about the number of trips generated by a multiple -family retirement community. Mr. Brown explained that after the last public hearing, they took out the separate classifications for multiple stories in multiple -family and went back to the exact number of trips generated. 9 Boor. 63 mum 19_'7 s o o K 63. ,�L4?8 Chairman Scurlock emphasized that there is a significant difference in trip generation for a multiple -family unit on the mainland compared to one on the barrier island. Mr. Brown pointed out that they used approximately 3 samples" on the island and 3 or 4 on the mainland. The problem is that most of the multiple -family units over on the island are occupied by retirees which gave a lower trip generation rate than on the mainland. Although there are some retirees on the mainland, there are many young, working families who generate a lot of trips by going to work, taking their children to school, church, scout meetings, etc. Chairman Scurlock felt that is where the appeal provision is going to come in. Mr. Brown believed it would benefit Vista to do an independent study to show that a retirement community generates less trips than a multiple -family community of working families. He didn't see why Vista would have to go to the expense of hiring a consultant to do a complete, detailed trip generation study when there is a nationally established standard called the Institute of Technical Engineers trip generation report which contains studies done all over the country for almost every kind of category. Barton-Aschmann did use a few of those main categories for this study, but found out that this county actually generates fewer trips than the national average. There is documentation that a retirement community generates approximately 3.5 trips per day. Director Davis cautioned that if staff has good documentation that a retirement community is, in fact, generating more traffic, they might not accept the ITE figure. _ Chairman Scurlock asked if there were any others that wished to be heard. There were none. 01 10 r � .s ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke being absent, the Board unanimously (4-0) adopted the Indian River County Fair Share Roadway Improvement Ordinance, No. 86-14, effective as of February 28, 1986 at 5:00 o'clock P.M. 11 JAN 22 1986 Boor; 63 F,, -r49'9 JAN 22-1986 DJ 430 ORDINANCE NO. 86-14 AN ORDINANCE TO BE KNOWN AS THE INDIAN RIVER COUNTY FAIR SHARE ROADWAY IMPROVEMENTS ORDINANCE; PROVIDING FOR SHORT TITLE, AUTHORITY AND APPLICABILITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING RULES OF CONSTRUCTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE IMPOSITION OF A FAIR SHARE ROADWAY IMPROVEMENTS FEE ON ALL NEW LAND DEVELOPMENT ACTIVITY GENERATING TRAFFIC; PROVIDING FOR TIME OF PAYMENT; PROVIDING FOR INTERPRETATION OF THE FEE SCHEDULE; PROVIDING FOR CREDITS; PROVIDING FOR REVIEW OF THE ORDINANCE AND FEE SCHEDULE; PROVIDING FOR USE OF FUNDS COLLECTED AND TRUST FUNDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR LIBERAL CONSTRUCTION AND SEPARABILITY; PROVIDING FOR PENALITIES; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Indian River County Board of County Commissioners ("County Commission") establishes the policy that the County's major road network system shall maintain a Level of Service "C" on an average annual basis and a Level of Service "D" during peak times; and WHEREAS, the County Commission through planning and transportation studies recognizes that the growth rate Indian River County will experience over the next twenty years will necessitate a significant number of improvements to the County's major road network system in order to maintain this established level of service; and y - 1 - WHEREAS, planning for the expansion of Indian River County's major road network system is the responsibility of the County pursuant to Sections 163 and 125 Florida Statutes; and WHEREAS, insuring that the plan is economically feasible and implemented through local land development regulations is the responsibility of the County pursuant to Section 163.3161 et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Indian River County has adopted a Comprehensive Plan which in part carries out this purpose; and WHEREAS, it is the intent of the County Commission that the Comprehensive Plan be implemented and the major road network be expanded in part, by requiring that new growth pay its fair share of the costs to expand the major road network system; and WHEREAS, to implement this legislative policy the County Commission has determined that all new land development activity in Indian River County that places an increased demand on the County's major road network system shall pay a "Fair Share Roadway Improvements Fee" pursuant to this ordinance; and WHEREAS, the "Fair Share Roadway Improvements Fee" requires all new land development activity generating traffic to pay its pro rata share of the capital expansion costs incurred in expanding the County's major road network so as to maintain the established level of service; and WHEREAS, the "Fair Share Roadway Improvements Fee" es- tablished herein considers all factors relevant to the necessary expansion of Indian River County's major road network system, including transportation planning and right-of-way acquisition,. engineering and construction, and carrying costs, but does not include maintenance; and WHEREAS, this ordinance is designed to be updated on an annual basis so as to allow for adjustments to the "Fair Share Roadway Improvements Fee" based upon any modifications in travel characteristics, necessary roadway improvements, traffic demand and roadway costs so as to insure fairness in its application. - 2 - JAN 2 2 1986 BooK 63 PnUE 4:31 JAN 2 2.1966 �ooK 63 43? NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION I. Short Title, Authority and Applicability A. This ordinance shall be known and may be cited as the "Indian River County Fair Share Roadway Improvements Ordinance". B. The County Commission has authority to adopt this ordinance through its general non -charter home rule powers pursuant to Article VIII 'of the 1968 Florida Constitution, and Sections 125 and 163, Florida Statutes. C. This ordinance shall apply to the unincorporated area of Indian River County, and to the incorporated areas of Indian River County to the extent permitted by Article VIII, Section 1(f) of the 1968 Constitution. SECTION II. Intent and Purpose A. Planning for the necessary capacity expansion of Indian River County's major road network system to insure the safety and efficiency of the County's roads and to provide for the health, safety, welfare and economic well being of the citizens of Indian River County is the mandated responsibility of the County pursuant to Section 163.3161 et. seq. Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, and Section 125.01, Florida Statutes. B. This ordinance is intended to implement and be consistent with the Indian River County Comprehensive Plan and the Florida Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et. seq., Florida Statutes. C. This objective is accomplished by requiring all new land development activity that places additional demand on the County's major- road network system to contribute its proportionate share of the funds, land, or public facilities to - 3 - accomodate any transportation impacts having a rational nexus to the proposed development and for which the need is reasonably attributable to the proposed development. D. It is not the purpose of this ordinance to collect any funds, land or public facilities from new land development activity in excess of the actual amount necessary to offset the _ demand'bn the County's major road network system generated by the new land development activity. This ordinance is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established in Contractors and Builders Association of Pinellas County v. City of Dunedin, 329'So.2d 314 (Fla. 1976), and Homebuilders and Contractors Association of Palm Beach County v. Palm Beach County, 446 So.2d 140 (Fla. 4th DCA 1983). SECTION III. Rules of Construction In the construction of this ordinance, the rules set out in this section shall be observed unless such construction is inconsistent with the manifest intent of the Indian River County Board of County Commissioners. The rules of construction and definitions set out here shall not be applied to any section of this ordinance which contains any express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent with this section. A. Generally. All provisions, terms, phrases and expressions contained in this ordinance shall be liberally construed in order that the true intent and meaning of the Indian River County Board of County Commissioners may be fully carried out. Terms used in this ordinance, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms. B. Text. In case of any difference of meaning or implication between the text of this ordinance and any figure, the text shall control. - 4 - JAN 2 '1966 aooK 63 rA 433 JAN 2 2 1986 Ba�K F�t4�14 C. Delegation of Authority. Whenever a provision M appears requiring the head of a department or some other County officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional -level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. D. Gender. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Month. The word "month". shall mean a calendar month. F. Nontechnical and technical' words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. G. Number. A word importing the singular number only, may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. H. Shall, may. The word "shall" is mandatory; "may" is permissive. I. Tense. Words used in the past or present tense include the future as well as the past or present. J. Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures whether by printing or otherwise. R. Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated. L. Boundaries. Where a road right-of-way is used to define zone boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of the zone it bounds. _ - 5 - SECTION IV. Definitions Definitions as used in this section. , A. Arterial Road means a road which is a main traffic artery carrying relatively high traffic volumes- for- relatively long distances. Generally, an arterial road is greater than two lanes in width, and longer than two (2) miles in distance. All arterial roads in Indian River County are designated in Exhibit A, which is incorporated herein by reference. B. Building Permit means that development permit issued by the Indian River County Building Department or applicable City building department before any building or construction activity can be initiated on a parcel of land. C. Capital Improvements include the planning of, engineering for, acquisition of land for, and construction of roads, turnlanes, intersection improvements and signalization, but does not include maintenance. D. Collector Road means a road which carries traffic from local roads to arterial roads. Collector roads have more continuity, carry higher traffic volumes, and may provide less access than local roads. Generally, collector roads are two-lane facilities and generally operate at lower capacity and operating speeds than do arterial roads. All the collector roads in Indian River County are designated in Exhibit A, which is incorporated herein by reference. E. Commence Land Development Activity means the occurrence of any of the following events: (1) the approval of the County Commission of any development of Regional Impact pursuant to Section 380.06, Florida Statutes; or (2) the issuance of a building permit. F. Existing Land Development Activity means the most intense use of land within the twelve (12) months prior to the time of commencing land development activity generating traffic. JAN 2 2 1966 BOOK 6 3 u-Uc 435 JANE 2 2 .1986 BOOK6 3 43 6 G. Indian River Comprehensive Plan means the Indian River County Comprehensive Plan adopted and amended pursuant to Section 163.3161 et. se ., Florida Statutes. H. Fair Share Roadway Improvements Fee means the fee required to be paid in accordance with the terms of this ordinance. I. Feepayer is a person commencing land development activity generating traffic that places additional demand on the County's major road network system and who has paid a "Fair Share Roadway Improvements Fee" in accordance with the terms of this ordinance. J. Land Development Activity Generating Traffic means the carrying out of any building activity or the making of any material change in the use of any structure or land that attracts or produces vehicular trip(s) over and above that produced by the existing use of the land, and consequently places an additional demand on the County's major road network system. R. Level of Service "C", average annual, as a measure of roadway sufficiency, is a zone of stable traffic flow in which speeds and manueverability are closely controlled by the higher volumes of traffic. Most of the drivers are restricted in their freedom to select their own speed, change lanes, or pass. L. Level of Service "D", peak times, as a measure of roadway sufficiency, approaches unstable traffic flow, with tolerable operating speeds being maintained even though they are considerably affected by changes in operating conditions. Fluctuations in volume and temporary restrictions to flow may cause substantial drops in operating speeds. Drivers have little freedom to maneuver, and comfort and convenience are low, but conditions can be tolerated for short periods of time. M. Local Road means a road designated and maintained - primarily to provide access to abutting property. A local road is of limited continuity and is not for through traffic. A local road is not considered as part of the major road network system. - 7 - N. Major Road Network System means all arterial and collector roads within Indian River County, including proposed arterial and collector roads necessitated by new land development activity generating traffic. Indian River County's major road network system is designated in Exhibit. A, which is incorporated herein by reference. O. Non Commencement means the cancellation of con- struction activity making a material change in a structure, or the cancellation of any other land development activity making a material change in the use or appearance of land. P. Person means any male, female, partnership, corporation, land trust or other permanent applicant. Q. Trip Generation means the attraction or production of trips caused by a given type of land development activity. R. Districts mean those nine (9) geographical areas as identified on the attached Exhibit "B", which is incorporated herein by reference. SECTION V. Fair Share Fee to be Imposed on New Land Development Activity Generating Traffic A. Payment of Fair Share Fee Prior to Issuance of Building Permit (1) Any person who shall commence any land development activity generating traffic that creates an increased demand on the County'•s major road network system shall be obligated to pay a "Fair Share Roadway Improvements Fee" in the manner and the amount set forth in this section. (2) The fee shall be paid to the County Administrator or his designee, prior to issuance of a building permit for the development and no building permit shall be final until any applicable fee has been paid. If the building permit is for less than the entire development, the fee shall be -computed separately, for the amount of development covered by the permit. The obligation to pay the fee shall run with the land. JAN 2 2 1986 BOOK 63 Fir 437 JAN •2 2 1986 BooK 63 FA- 4:38 (3) The impact fee shall be computed on the assumption that the property will be developed in the manner that will generate the maximum impact permitted under the- applicable laws, except to the extent the development is restricted by a Fee Agreement pursuant to Section V.A.(5). (4) Any person who, prior to the effective date of - this ordinance, agreed as a condition of development approval to pay impact fees shall be responsible for the payment of the fees under the terms of such agreement, and the payment of such fees by the person will be offset against any impact fees otherwise due at later stages of the development activity for which the fee was paid. (5) Any person commencing land development activity generating traffic which increases demand on the County's major road network system and whose land is to be built out at less than the maximum permitted under applicable law may enter into a Fee Agreement with the County Commission which stipulates the agreed use of the property, and assesses a fee that is consistent with the agreed use of the property. The Fee Agreement shall be recorded in a manner that insures it will run with the land. B. Establishment'of Fee Schedule (1) Any person who shall initiate any new land development activity generating traffic, except those preparing an Individual Assessment pursuant to Sections V. C., or VI. B., shall pay a "Fair Share Roadway Improvements Fee" for the land development activity as established by the fee schedule set out below for the District in which the new land development activity is to be initiated. The District boundaries are shown on Exhibit "B" which is attached hereto and incorporated herein by - reference. - 9 - _ M M (2) Because of the administrative costs the County would normally incur in processing and reviewing a traffic impact Analysis for an Individual Assessment of the impact new land development would have on the County's major road network, the impact fees in the fee schedule have been reduced by fifteen (150) percent. For any person choosing to prepare an Individual Assessment, the County shall require the full cost for providing new roads for the land development activity generating traffic. C. Individual Assessment of Fiscal Impact of Land Development Activity on the Major Road Network: The Traffic Impact Analysis (1) The "Fair Share Roadway Improvements Fee" shall be determined by the Individual Assessment of Fiscal Impact of Land Development on the Major Road Network if: - 10 - JAINI 2 21986 BOOK 63 F"`; 4,39 FEE SC HMuLE FDR NEW , LAND DEVELOPMENT ALTIVrrY ' Type of Land District District District District District District District District District Development Activity I II III IV V VI VII VIII IX Residential: Single family (per unit) $1158 $1082 $ 766 $ 540 $_563 $ 249 $ 153 $ 456 $ 159 Multi -family (per unit) 650 607 778 548 571 253 155 463 162, Mobile homes 780 728 508 358 373 165 101 302 106 Hotel/Motel (per bedroan) `1642 1535 782 551 575 254 156 465 163 All other residential 1158 1082 766 540 563 249 153 456 159 Office and Financial: Medical Office (per 1,000 Sq.ft.) 2436 2276 1587 1118 1166 516 317 944 330 Other office (per 1,000 sq.ft.) 1000 935 652 459 479 212 130 388 136 Industrial: Warehouse (per 1,000 sq.ft.) 334 312 217 153 160 71 43 129 45 General Industrial (per 1,000 sq.ft.) 369 345 240 169 177 78 48 143 50 Retail: Under 50,000 sq.ft. 2169 2027 1413 996 1038 460 282 841 294 ' (per 1,000 sq.ft.) 50,000-99,999 sq.ft. 2233 2086 1454 1025 1069 473 290 865 303 (per 1,000 sq.ft.) 100,000-249,999 sq.ft. 2556 2388 1665 1173 1224 542 332 990 346 (per 1,000 sq.ft.) 250,000 and over 2640 2467 1720 1212 1264 559 343 1023 358 (per 1,000 sq.ft.) (2) Because of the administrative costs the County would normally incur in processing and reviewing a traffic impact Analysis for an Individual Assessment of the impact new land development would have on the County's major road network, the impact fees in the fee schedule have been reduced by fifteen (150) percent. For any person choosing to prepare an Individual Assessment, the County shall require the full cost for providing new roads for the land development activity generating traffic. C. Individual Assessment of Fiscal Impact of Land Development Activity on the Major Road Network: The Traffic Impact Analysis (1) The "Fair Share Roadway Improvements Fee" shall be determined by the Individual Assessment of Fiscal Impact of Land Development on the Major Road Network if: - 10 - JAINI 2 21986 BOOK 63 F"`; 4,39 JAN 2 2 1986 Boa 63 �°,c 440 a. Any person commencing land development activity generating traffic which increases demand chooses to have the fee determined by the individual assessment; b. 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 make it likely to generate impacts costing substantially more to accomodate than the amount of the fee that would be generated by the use of the fee schedule; or C. the proposed land development activi.ty generating traffic which increases demand on the County's major road network system changes or intensifies the use of existing land development. (2) The individual assessment shall be undertaken through the submission of a Traffic Impact Analysis, which shall include the following information: a. The projected trip generation rates for the proposed land development activity, and if applicable pursuant to Section V.C.(1)(c), the existing land development activity. Trip generation rates shall be assessed on an average annual basis, and on a peak design hour 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 transporation engineering profession. If local empirical surveys are not available, state or national trip generation rate information can be used, if it is based on , methodological standards acceptable to the transportation engineering profession; b. The proposed trip length, trip distribution, and traffic assignment of the trips generated from the proposed land development activity onto the county's major road network system, and if applicable pursuant to Section V.C.(1)(c), the trip length, trip distribution and traffic assignment of the trips generated from existing land development activity onto the County's major road network system. Trip length information shall be based upon local empirical surveys of similar land use types or trip length data compiled by the County Administrator or his designee for average trip lengths for similar land use types. Trip distribution information shall be based upon the existing physical development surrounding the proposed land development activity, and projections of population and physical development that is consistent with the Indian River County Comprehensive Plan. c. The traffic assignment of trips generated by other approved land development activity in the area onto the County's major road network system; d. An assessment of the capital expansion of the County's major road network system necessitated by the proposed land development activity if the major road network system is to be maintained at Level of Service "C" on an average annual basis and Level of 12 - �ooK 63 p - y1 Bou 63 .,F,1GC 442 Service "D° at peak times. If applicable pursuant to Section V.C.(1)(c), this assessment shall also consider the demand placed on the County's major road network by the existing land development activity. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the County's major road network system necessitated by the proposed land development activity. e. An assessment of the costs for providing the capital expansion necessitated by the proposed land development activity. The cost figures used shall be based upon recent empirical information of the costs in Indian River County for the construction of a lane mile, and shall include related right-of- way costs, traffic control equipment costs and the planning, design, and engineering costs and other related capital costs for the necessary capital improvements. f. An assessment of the projected gas and license tax revenues or any other revenues that will be derived from the proposed land development activity that can be reasonably determined to be available. to pay for new capital improvements to the County's major road network system over the planning horizon; and g. The amount of any shortfall between the- projected gas and license tax revenues, any other revenues, and the capital expansion costs for the major road network system - 13 - - M M necessitated by the new land development activity. Any shortfall shall be considered the proposed "Fair Share Roadway Improvements Fee". (3) The Traffic Impact Analysis submitted pursuant to Section V.C.(1)(a) and (c) shall be prepared by the developer of the proposed land development activity and shall be prepared by qualified professionals in the field of transportation planning and engineering, impact analysis, and economics, and shall be submitted to the County Administrator, or his designee. The Traffic Impact Analysis submitted pursuant to Section V.C.(1)(b) shall be prepared by the County Administrator or his designee and shall be prepared by qualified professionals in the field of transportation planning and engineering, impact analysis and economics. (4) Within twenty (20) days of receipt of a Traffic Impact Analysis, the County Administrator or his designee shall determine if it is complete. If the County Administrator determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the County Administrator shall take no further action on the Traffic Impact Analysis. (5) When the County Administrator determines the Traffic Impact Analysis is complete, he shall review it within twenty (20) days. (6) If on the basis of generally recognized principles of traffic engineering it is determined in the Traffic Impact Analysis that the County's cost to accomodate the proposed land development activity is substantially different than the fee set down in Section V.B.(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 Traffic Impact Analysis. - 14 - JAN 2 2 1986 BOOK 63 FADE 443 JAN 1986 BOOK 63 (7) Any person may appeal the County Administrator's decision on their Traffic Impact Analysis by filing a petition with the Board of County Commissioners within thirty (30) days of a decision by the County Administrator. In reviewing the decision, the Board of County Commissioners shall use the standards established in Section V.C.(6). SECTION VI Time of Payment No building permit approval shall be issued until any applicable "Fair Share Roadway Improvements Fee" shall be paid according to these provisions. The obligation to pay the fee shall run with the land. SECTION VII Interpretation of the Ordinance and Fee Schedule A. Interpretation Interpretation of all provisions of this ordinance, including whether a proposed land development activity is identified in one of the land use types in the Fee Schedule established in Section V. B. (4), shall be made by the County Administrator. B. Fair Share Fee Determination for Land Development Activity Not Included in Fee Schedules (1) Any person who shall initiate any land development activity interpreted by the County Administrator as not included in the Fee Schedule established in Section V.B. (1), shall submit a request to the County Administrator for a Fair Share Fee Determination for the proposed land development activity pursuant to the terms of this ordinance. The Fair Share Fee Determination shall be the "Fair Share Roadway Improvement - Fee" exacted for the proposed land development activity pursuant to the terms -of this ordinance. (2) The County Administrator shall prepare the Fair Share Fee Determination within thirty (30) days after a - 15 - M e M M M r formal request has been made by any person who proposes to initiate land development interpreted as not expressly included in the fee schedule in Section V.B.(1). (3) In completing the Fair Share Fee Determination, the County Administrator shall: a. Determine the traffic demand the proposed land development activity places on the County's major road network. In determining the traffic demand on the proposed land development activity, the County Administrator shall consider the information outlined in Section V.C. (2) (a) -(c) . b. Assess the capital expansion of the County's major road network system that will be necessitated by the proposed land development activity. Standard acceptable practices and methodological procedures in the transportation planning and engineering profession shall be used to determine the capital expansion of the County's major road network system necessitated by the proposed land development activity. C. Determine the costs for providing the capital roadway expansion necessitated by the proposed land development activity. The cost figures used in assessing the costs for providing the capital expansion necessitated by the proposed land development activity shall be based upon recent empirical information of the costs in Indian River County for the construction of a lane mile, and shall include related right-of-way costs, traffic control equipment costs and the planning, design, and engineering costs and other related capital costs for the necessary - 16 - sooK 63 P,,GE 445 �A �9�� BOOK Fr1Ut46 capital improvements. d. Assess the projected gas and license tax and other revenues that will be derived from the proposed land development activity. In assessing the projected gas and license tax revenues that will be derived from the proposed land development activity that can be reasonably determined to be available to pay -for new capital improvements to the County's major road network system over the planning horizon, the County Administrator shall use methodological principles acceptable in the field of fiscal impact analysis. e. Establish a "Fair Share Roadway Improvements Fee" for the proposed land development activity. The "Fair Share Roadway Improvements Fee" shall be established by determining the amount of any shortfall between the tax revenues projected in Section VII.B.(3)(d) and the capital expansion costs for the major road network system necessitated by the new land development activity calculated in Section VII.B.(3)(c). (4) Any person may contest the County Administrator's Fair Share Fee Determination for their proposed land development activity by preparing a Traffic Impact Analysis for the proposed land development activity pursuant to Section V.C.(2), and submitting it to the County Administrator. The Traffic Impact Analysis shall be prepared by qualified professionals in the field of transportation planning and engineering, impact analysis and economics. (5) Within twenty (20) days of receipt of a Traffic Impact Analysis submitted to contest a Fair Share Fee Determination, the County Administrator shall determine if it is complete. If the County Administrator determines it is not - 17 - - M M complete, he shall send a written. statement specifying the deficiencies by mail to the person submitting the --Traffic Impact Analysis. Unless the deficiencies are corrected, the County Administrator shall take no further action on the Traffic Impact Analysis. (6) When the County Administrator determines the Traffic Impact Analysis contesting the Fair Share Fee Determination is complete, he shall review it within twenty (20) days. The Fair Share Fee Determination shall be modified if on the basis of generally recognized principles of traffic engineering it is determined in the Traffic Impact Analysis that the County's cost to accomodate the proposed land development activity is substantially different from the Fair Share Fee Determination. The modification shall be consistent with the information and analysis in the Traffic Impact Analysis. (7) Any person may appeal the County Administrator's determination of a Traffic Impact Analysis they submit contesting a Fair Share Fee Determination by filing a petition with the Board of County Commissioners within thirty (30) days of a decision of the County Administrator. In reviewing the County Administrator's decision, the Board of County Commissioners shall use the standards established in Section VII.B.(6). SECTION VIII: Credits to the Fair Share Roadway Improvements Fee A. Any person who shall commence any land development activity generating traffic may apply for a credit against any fee paid pursuant to the provisions of this ordinance for any contribution, payment, construction, or land accepted and received by Indian River County or any municipality participating in this ordinance, 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 regulations or Section 380.06, Florida Statutes, or any additional development requirement imposed by - 18 - JAN 2 2 1986 Boor 63 P,� 44 7 JAN 2 2 1986BooK Fa1GE 448 the Florida Land and Water Adjudicatory Commission on a development of regional impact. No credit shall be granted for any contribution, payment, construction, or land received by Indian River County where a building permit has been issued prior to the effective date of this ordinance for a portion of a proposed development, to the extent said contribution, payment, construction or land is to provide capacity expansion to the County's major road network required by the portion of the development for which the building permit has been issued. B. The credit shall be in an amount equal to the market value of the contribution, payment, construction, or land at the time of the contribution, payment, construction, or land dedication. No credit shall exceed the fee for the proposed impact generating activity imposed by this ordinance. C. The determination of any credit shall be undertaken through the submission of a proposed Credit Agreement to the County Administrator or his designee. The proposed Credit Agreement shall include the following information: (1) If the proposed Credit Agreement involves credit for the dedication of land: a. A drawing and legal description of the land; b. The appraised fair market value of the land at the date of its dedication, prepared by a certified Florida Real Property Appraiser approved by the County Administrator or his designee, and if applicable; C. A certified copy of the development order in which the land was agreed to be dedicated. _ (2) If the proposed Credit Agreement involves _ construction: a•_ The proposed plan of the specific construction prepared and certified by a duly - 19 - ® M r qualified and licensed Florida engineer; b. The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated cost shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest prior to and during construction and for one (1) year after completion of construction; cost of plans and specifications, surveys of estimates of costs and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction; (3) If the proposed Credit Agreement involves a credit for any contribution or payment: a. A certified copy of the development order in which the contribution or payment was agreed; b. if payment has been made, proof of payment; or C. if payment has not been made, the proposed method of payment. D. Within twenty (20) days of receipt of the proposed Credit Agreement, the County Administrator or his designee shall determine if the proposal is complete. If it is determined that the proposed Agreement is not complete, the County Administrator or his designee shall send a written statement to the applicant outlining the deficiencies. The County Administrator shall take - 20 - AN 2 2 1986 BOOK 63 PA -Ir -449 rJAN 2 2 19$6 Bou n c 450 no further action on the proposed Credit Agreement until all deficiencies have been corrected or otherwise settled. E. Once the County Administrator or his designee determines the proposed Credit Agreement is complete, he shall review it within thirty (30) days and grant the proposed Credit Agreement if the contribution, payment, construction or land dedication: (1) meets an expansion need of the capital road improvements to the County's major road network system which is identified in Exhibit "B" attached hereto and incorporated herein by reference; or (2) provides a capital road improvement to the County's major road network system which provides capacity expansion necessitated by the proposed land development activity. F. Credit shall be given for the contribution, payment, construction or land that is consistent with its market value at the time of contribution, payment or dedication. G. If the Credit Agreement application is approved by the County Administrator or his designee, a Credit Agreement shall be prepared and signed by the applicant and the County. It shall specifically outline the contribution, payment, construction or land dedication, the time by which it shall be completed, dedicated, or paid, and the dollar credit the applicant shall receive for the contribution, payment, construction or land dedication. If the credit is for construction, the Credit Agreement shall include security in the form of a performance bond, irrevocable letter of credit or escrow agreement, and shall be posted with the County Commission and made payable to the Indian River County Board of County Commissioners in _an amount approved by the County Administrator or his designee equal to one hundred and ten (110%) percent of the full -cost of such construction. If the road construction - 21 - project will not be constructed within one (1) year of the signing of the Credit Agreement, the amount of the security shall be increased by ten (10%) percent, compounded for each year of the life of the security. H. Any person may appeal the County Administrator's decision on any proposed Credit Agreement they submit by filing a petition with the County Commission within thirty (30) days of a decision by the County Administrator. In reviewing the County Administrator's decision, the County Commission shall use the standards established in Section VIII.E. SECTION IX: Review of the Ordinance and Fee Schedule Prior to the adoption of the annual budget every even numbered year, the Board of County Commissioners shall receive a report from the County Administrator or his designee, on the review of the "Fair Share Roadway Improvements Fee" schedule in Section V. B.(1), along with any recommended changes in the fee schedule. Changes in the schedule shall, be based on any revisions to the population projections for the County, travel characteristics, road costs, or inflation. SECTION X. Use of Funds Collected and Trust Funds A. Intent Any "Fair Share Roadway Improvement Fees" collected pursuant to the terms of this ordinance are expressly designated for the accomodation of impacts reasonably attributable to the proposed land development activity generating traffic as hereinafter provided in this section. B. Establishment of Fair Share Roadway Improvement Trust Fund and Trust Accounts There is hereby established the "Fair Share Roadway Improvements Trust Fund" (Trust Fund) for the purpose of insuring that the fees collected pursuant to this ordinance are designated - 22 - Boor, 63 u,, 451 J.A-N 2 2 1986 800!( 63 r,{u 452 for the accomodation 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 nine (9) separate trust accounts, one for each District as shown on Exhibit W, which is attached hereto and incorporated herein by reference. C. Payment of Fair Share Fees into Trust Accounts "Fair Share Roadway Improvement Fees" collected pursuant to this ordinance shall be paid into the trust accounts established for the District in which the new land development activity is proposed. D. Expenditure of Fair Share Fees in Trust Accounts (1) Proceeds from the trust accounts shall be used exclusively for capital expansion of the County's major road network system in the District from which the monies have come, and in a manner consistent with the Indian River County Comprehensive Plan, except 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-31%; District II -19%; District III -8%; District IV -9%; District V-10%; District VI -4%; District VII -4%; District VIII -10%; District IX -5%. (2) 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 ac- count. - (3) 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 - 23 - _ M M - M M by the County Administrator or his designee, together with any interest earnings shall be carried over in the specific ,trust account to the following fiscal period. E. Return of Fair Share Fees If Not Encumbered for Ca ital Roadway Improvements (1) Any "Fair Share Roadway Improvements Fees" collected shall be returned to the Feepayer, or his successor in interest, if the fees have not been spent within six (6) years from the date_ the fees were paid, with interest of six (6%) percent a year. Provided however, that the County Commission may by resolution extend for up to three (3) years the date at which fees must be refunded if they are to be committed within that time for capacity expansion of the bridge facilities connecting Orchid Island and the mainland. Such an extension shall be made upon a finding that within such three (3) year period bridge facility improvements are planned to be constructed that are reasonably attributable to the Feevaver's land dPVPlnnm--f- activity. "Fair Share Roadway Improvement Fees" collected shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent for roadway improvements. (2) The refund of "Fair Share Roadway Improvements Fees" shall be undertaken through the submission of a Refund Application to be submitted within one (1) year following the end of the sixth (6th) year from the date on which the "Fair Share Roadway Improvements Fee" was paid. If the time of refund has been extended pursuant to Section X.E.(1), the Refund Application shall be submitted within one (1) year following the end of this extension. The Refund Application shall include the following information: a. a notarized sworn statement that the Feepayer paid the "Fair Share Roadway Improvements Fee" for the property and the amount paid; b. a copy of the receipt issued by the - 24 - JAN 2 2 1986 Ka. 63 453 r JAN 2 2 196 OK PAGE 454 County, for payment of the fee; and if applicable, C. certified proof that the applicant is the successor in interest to the Feepayer. (3) Within twenty (20) days of receipt of the Refund Application, the County Administrator or his designee shall determine if it is complete. If the County Administrator or his designee determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the County Administrator shall take no further action on the Refund Application. (4) When the County Administrator or his designee determines the Refund Application is complete, he shall review it within twenty (20) days, and shall approve the proposed refund if he determines* the Feepayer has paid a "Fair Share Roadway Improvements Fee", which the County has not spent (encumbered) within the time established in Section X.E.(1). (5) Any Feepayer or his successor in interest, if applicable, may appeal the County Administrator's decision on their Refund Application, by filing a petition with the Indian River County Board of County Commissioners within thirty (30) days of a decision by the County Administrator. In reviewing the decision, the Board of County Commissioners shall use the standards established in Section X.E.(4). F. Refund of Fair Share Fee Upon Cancellation of Land Development Activity Due to Non -commencement (1) Any "Fairshare Roadway Improvements Fees" collected shall be refunded to the Feepayer or his successor in interest, if the land development activity generating traffic is cancelled due to noncommencement, and if the fees have not been spent (encumbered). The refund shall include interest of six (6%) percent a - year. "Fair Share Roadway Improvement Fees" r collected shall be deemed to be spent (encumbered) on the basis - 25 - M _ i of the first fee collected shall be the first fee spent for the roadway improvement. f (2) The refund of "Fair Share Roadway Improvement Fees" shall be undertaken within ninety (90) days of non - commencement through the submission of a Refund Application, which Application shall include the following information: a. a notarized sworn statement that the Feepayer paid the "Fair Share Roadway Improvements Fee" for the property and the amount paid; - b. - a copy of the receipt issued by the County for payment of the fee; C. a certified copy of a certificate signed by the Feepayer or his successor in interest revoking the building permit received for the land development activity; and, if applicable, d. certified proof that the applicant is a successor in interest to the Feepayer. (3) The County Administrator shall review the Refund Application within thirty (30) days from the date of its receipt and determine whether the land development activity has been cancelled due to non -commencement. (4) Only those "Fair Share Roadway Improvement Fees" paid for land development activity which the County Administrator determines has been cancelled due to non - commencement shall be returned to the Feepayer or his successor in interest, with interest of six (6%) percent a year. (5) Any Feepayer or his successor in interest may appeal the County Administrator's decision on their Refund "Application by filing a petition with the County Commission within thirty (30) days of the final decision of the County Administrator. In reviewing the decision, the County Commission shall use the standards established in Section X.E.(4). 26 - JAN 2 2 1981 Boa 63 F-nUF 455 JAN '2 2.198 6 BoaK 63 uuu 456 SECTION XI. Liberal Construction and Separability A. The provisions of this ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. B. All ordinances or parts of ordinances of Indian River County in conflict with the provisions of this ordinance are repealed to the extent of such conflict. C. If any section, phrase, sentence or portion of this ordinance. is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION XII. Penalty Provisions A. Any building permit used for new construction as covered by these provisions but without payment of the "Fair Share Roadway Improvements Fee" as required by these provisions shall be void. B.• A violation of these provisions shall be a mis- demeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, Indian River County shall have the power to sue in civil court to enforce these provisions. - 27 - M s SECTION XIII. Effective Date A. This ordinance shall take effect at 5 p.m., February 28, 1986. PASSED on first reading this 8th day of January, 1986. PASSED and adopted finally on second reading this 22nd day of January, 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY Jam- G Don G. bturiocx, Chairman -Acknowledgement of the Department of State of the State of Florida this•6th day of February 1986. Effective Date: Acknowledgement from the Department of State .received on this 10th day of February 1986 at 11:00- ' -A.M.TP.- .- and filed in t e o ice�of the Clerk '8f t e Boar of ounty Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Charles P. Vitunac, County Attorney - 28 - Bou 63 Pn,E 45 • r, BOOK 61 r .JAN 22 1986Olt EXHIBIT A �' �•.�� ; INDIAN RIVER COUNTY N 1 •�f ••�. Thoroughfare Plan • ♦. A ,•1, ••i ARTERIAE ♦♦, __� •1,� O, ••. PRIMARY COLLECTOR houmo rows ♦� �.+ �� ; •• SECONDARY COLLECTOR •i 11631sells Baggage lu • �'••: ♦ sell aa■f� r a o k t1 of • ♦♦ •I C • al0 " "BIA LT • ♦♦ •j S//aaaaaaa /aaaennsna Sas ones //1////u a • aN1 of - •• : 7 • ri til. tt � o • •i y•j •• A • , � 'k •r 1 i awk sl ` r •� - c w. attIf 9� i ^ vs. •nk tT •r r • i �� -vs • - i r • • 3636 n - i losses?#, i O CIO - • . • r r •r r 9 • i ♦ - • • . !. �• 3331 n c . - ... • err ,. r a r JL- ,tl.k .T Poo, of •. , r isi 3If - i a►�♦♦, - •• tau- - • • r j al.. Of r i T, STATE 00 60 ao .t ST %ana s aG •• r //tames Alan- mall aaaaallaaa nlasenaa3 ■■66.6666 aaa/naaenQsa■aao�sn■ eaeaeaoa�nuas all Oa■C of : •i •iraa1iiiniianu• - ; : • talk of Al ,-i3 • • �- /- . -t Hraa ,a! 4tO q1• a 100 of � i r u� Uu tl � � • t•tw ,•� .001 of �• : : of c w alt r an tt r ofi ,% do mm t7 - o •,•. r r r i s it •r r �. 7 - l• - sl. of sw r 'G r r ,,• 1 Otl, 110 1 e • aka • .t aw•r r �` ii �aae■aaaan a.■.s..■nfa■■,ana■■a■■E/r■in■a.■n■ajn■■■ saaaaaessn .aa. (�■n/aa/ 1 - •, .nk L tw r of 1.0. - angles! 4 •� -of I A I, - • r 1.00 J O O •• •• tt i11mi JAR 2 2 1996 Bou 03 'Fnuc 400 There being no further business, on motion duly made, seconded and carried, the Board adjourned at 6:30 o'clock P.M. ATTEST: Clerk Chairman 13