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Interlocal Agreement Between the County and City of Sehastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
INTERLOCAL AGREEMENT BETWEEN INDIAN
RIVER COUNTY, FLORIDA
AND THE CITY OF SEBASTIAN, FLORIDA
RELATING TO IMPACT FEES
THIS AGREEMENT, entered into this 17th day of May ,2005,
between Indian River County, Florida, a political subdivision of the State of Florida
(the "County") and the City of Sebastian, a body corporate existing under the laws of
the State of Florida (the "City"), provides for the City to collect Impact Fees for
Countywide Capital Facilities from all new development in the City, and to transfer
said Impact Fees to the County for deposit into appropriate, segregated, interest-
bearing County Impact Fee trust fund accounts for appropriation and expenditure only
in accordance with Ordinance.
WITNESSETH:
WHEREAS, the County proposes to adopt the Indian River County Impact
Fee Ordinance (the "Ordinance") which would impose Countywide Impact Fees
("Impact Fees") on new development in order to accommodate the fiscal impacts of
new development on Capital Facilities; and
WHEREAS, the County has developed a Capital Improvements Element
(CIE) of the Indian River County Comprehensive Plan, which includes capital projects
for the Capital Facilities to be funded, in full or in part, with Impact Fee funds
collected, and transferred to the County by wire transfer, pursuant to the Ordinance,
and which identifies the specific system improvements needed to meet the projected
demand for Capital Facilities from anticipated new growth and development
Countywide; and
WHEREAS, the School Board of Indian River County (the "School Board")
has developed a five-year facility plan, which includes capital projects fOr public
education facilities to be funded in part with Impact Fee funds collected pursuant to
the Ordinance, and which identifies the specific education facilities improvements
needed to meet the projected demand for public education facilities generated by new
growth and development Countywide; and
WHEREAS, the County is authorized, pursuant to the powers conferred upon
it through, inter alia, Article VIII of the Florida Constitution and Chapters 125 and
163, Florida Statutes, to adopt proportionate Countywide Impact Fees in order to
offset the cost of providing Countywide Capital Facilities, the need for which is
generated by new development and the benefits of which will accrue to new
development within incorporated and unincorporated areas ofthe County; and
WHEREAS, the County has prepared an Impact Fee calculation methodology,
which is set forth in methodology reports for each Capital Facility (the "Methodology
Reports") for which Impact Fees will be collected, which ensures that the Impact Fees
comply with all legal standards, including, but not limited to, proportionate
share/rational nexus principles as required by impact fee case law; and
Page 1 of 10
April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, corrections, solid waste, County public buildings, libraries, fire
and emergency services and County roadway facilities are provided solely by the
County, within both the City and the unincorporated areas of the County, and,
therefore, Impact Fees imposed on new development pursuant to the Ordinance and
this Agreement comply with the proportionate share/rational nexus requirement; and
WHEREAS, public education services and facilities are provided solely by the
School Board, within both the incorporated and unincorporated areas of the County,
and, therefore, Impact Fees for public education facilities imposed on new
development pursuant to the Ordinance and this Agreement comply with the
proportionate share/rational nexus requirement; and
WHEREAS, the County will enter into an interlocal agreement with the
School Board to facilitate the transfer of Public Education Facilities Impact Fee funds
to the School Board for expenditure in accordance with Ordinance which requires that
Impact Fee funds be spent to the reasonable benefit of those paying the fees, including
new development within the incorporated municipalities of Indian River County; and
WHEREAS, the City provides necessary Capital Facilities for law
enforcement and parks and recreation services within the corporate boundaries of the
City; and
WHEREAS, in order to meet the proportionate share/rational nexus
requirement, Impact Fees for Countywide Capital Facilities must be imposed,
calculated, and collected uniformly throughout the County, including as may be
applicable, within the City; and
WHEREAS, new growth and development should pay a proportionate share
of the cost of the new Capital Facilities needed to serve such growth and development,
as specified in the adopted Capital Improvement Element (Clli), at adopted level of
service (LOS) standards; and
WHEREAS, the parties agree that the purpose of this Interlocal Agreement is
to permit the City to cooperate with and assist the County in collecting Impact Fees for
Countywide Capital Facilities and to ensure that such facilities are available and
adequate to maintain adopted LOS standards; and
WHEREAS, the City concurs with the County's methodology for the
calculation of the Impact Fees imposed by the Ordinance and as set forth and adopted
in the Methodology Reports, and that the Impact Fees imposed by the Ordinance are
reasonable and proportionate to the impact of new development on Capital Facilities;
and
WHEREAS, in addition to the Impact Fees required by the Ordinance, the
City will assess against each building permit application an administrative charge
equal to three percent (3%) of the fees due in order to offset the costs to the City and
County of administering the impact fee program; and
WHEREAS, the City will retain an amount equal to two percent (2%) of the
fees and will transmit an amount equal to one percent (1 %) to the County to offset
administrative costs; and
Page 2 of 10
April 4, 2005
Interlocal Agreement Between tbe Connty and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, the City and the County agree that all Impact Fees collected by
the City, plus the County's portion of the administrative charge, will be transferred to
the County and that Impact Fee revenues will be spent for the purpose of funding
Countywide Capital Facilities to meet the demands resulting from projected new
development Countywide; and
WHEREAS, this Agreement is not intended to and does not alter or change
the responsibilities of each of the parties hereto, nor does it relieve any party of any
function, duty, or obligation otherwise imposed by law, including, but not limited to,
decisions relating to zoning, subdivision, land use, development approval, densities,
and design of proposed development projects or any other aspects of development
other than the need for Countywide Capital Facilities provided by the County and
School Board to serve the demand for such facilities generated by new development;
and
WHEREAS, Chapter 125, Florida Statutes, County Goverrunent, subsection
125.01(1)(p), authorizes counties to enter into agreements with other goverrunental
agencies; and
WHEREAS, Chapter 163, Florida Statutes, Intergoverrunental Programs, Part
I, Miscellaneous Programs, Section 163.01, the "Florida Interlocal Cooperation Act of
1969," subsection 163.01 (4), provides that public agencies of the State of Florida may
exercise jointly with any other public agency of the State of Florida any power,
privilege, or authority which such agencies share in common, and which each might .
exercise separately; and
WHEREAS, Chapter 163, Florida Statutes, Intergoverrunental Programs, Part
I, Miscellaneous Programs, Section 163.01, the "Florida Interlocal Cooperation Act of
1969," subsection 163.01(5), provides that a joint exercise of power by such public
agencies may be made by contract in the form of an interlocal agreement; and
WHEREAS, the County and the City are "public agencies" within the
meaning of Chapter 163, Florida Statutes, Intergoverrunental Programs, Part I, Section
163.01, the "Florida Interlocal Cooperation Act of 1969."
NOW, THEREFORE, in consideration of the mutual undertakings and
agreements herein contained and assumed, and other good and valuable consideration,
the receipt and sufficiency of which are acknowledged by the parties, the County and
City agree as follows:
SECTION 1. RECITALS INCORPORATED.
The above recitals are true and correct and are incorporated herein.
SECTION 2. TITLE.
This Interlocal Agreement between the City of Sebastian and Indian River
County is referred to herein as the "Agreement."
Page 3 of 10
April 4, 2005
"
Interlocal Agreement Between tbe County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
SECTION 3. PURPOSE.
The purpose of this Agreement is to ensure that Impact Fees necessary for the
adequate provision of Countywide Capital Facilities (a) are imposed upon, and
collected from, new development in the City, including public development projects,
in an equitable and fair manner; (b) are transferred, upon collection by the City, to the
County for placement in segregated, interest-bearing trust fund account; and (c) are
appropriated and expended in accordance with the Ordinance and applicable laws.
SECTION 4. DEFINITIONS.
For the purposes of this Agreement, the following terms are defined as indicated
below:
Building Permit means a permit issued by the City that authorizes the
commencement of a development activity that results in the creation of new floor area
or one or more new dwelling units, including an expansion to a single-family
residence that results in an increase in square footage under air from a lower size
category to a higher size category, as provided in the County's impact fee schedule,
and thereby generates a demand for Countywide Capital Facilities.
Capital Facilities means capacity-producing land, buildings, improvements,
and equipment with at least a 5 year life expectancy, necessary for the provision of
public services to new development.
Countywide means related to or applicable to areas within the incorporated
and unincorporated areas of Indian River County.
Countywide Capital Facilities means those Capital Facilities that are
provided throughout the City and the unincorporated areas of the County, which are
not otherwise provided by the City, and for which the County imposes Impact Fees
Countywide. "Countywide Capital Facilities" include, but are not limited to, Capital
Facilities related to corrections, solid waste, County public buildings, libraries, fire
and emergency services, public education and County roadway improvements.
Impact Fee means a fee assessed pursuant to the Ordinance and collected and
transmitted pursuant to this Agreement to offset the costs of providing Countywide
Capital Facilities necessary to serve new development within the County.
Indian River County Impact Fee Ordinance means the Ordinance, approved
by the County Commission in May of 2005, including all amendments thereto
subsequently adopted in the manner prescribed in this Agreement.
Methodology Reports means the reports, and all amendments thereto, adopted
by the County Commission, prepared in support of the proportionate Impact Fees
established and imposed by the Ordinance.
SECTION 5. RESPONSIBILITIES OF THE CITY.
(a) The City will establish a segregated account, into which all Impact Fee
funds collected by the City, pursuant to this Agreement, will be maintained until such
time as they are transferred to the County consistent with the Ordinance and the terms
of this Agreement.
Page 4 of 10
April 4, 2005
"
'.
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
(b) The City will notify each Building Permit applicant that, prior to
issuance of a Building Permit, the City will collect a County Impact Fee for
Countywide Capital Facilities pursuant to the terms of the Ordinance and this
Agreement.
(c) The City will calculate and collect Impact Fees for Countywide Capital
Facilities based on the fees established by the countywide impact fee ordinance.
(d) In addition to the Impact Fees, the City will assess an administrative
charge equal to three percent (3%) of the total Impact Fees due for each application to
offset the costs to the City and County of collecting Impact Fees and administering the
impact fee program. The City will retain an amount equal to two percent (2%) of the
total Impact Fees due and, on a monthly basis, will transmit an amount equal to one
percent (1 %) of the Impact Fees to the County for administrative costs.
(1) The City will earmark its portion of the administrative charge and limit
its use to the costs of administering the Impact Fee program including,
but not limited to, salaries and other costs associated with
administering, calculating, collecting, and accounting for Impact Fee
revenues and other coordination with the County as provided herein;
and
(2) The County and City will monitor administrative costs on an annual
basis and adjust the percentage being charged for administrative costs
as necessary based on actual annual costs.
(e) The City will not issue any Building Permit for which an Impact Fee is
due pursuant to the Ordinance and this Agreement until the Building Permit applicant
has paid the Impact Fee in full, unless the Building Permit applicant provides written
documentation from the County evidencing that:
(1) an appeal has been filed with the County, pursuant to the terms of the
Ordinance, and that the Building Permit applicant has paid the portion
of the Impact Fees not in dispute and submitted cash or an irrevocable
letter of credit in an amount equal to the portion of the Impact Fee in
dispute, which cash deposit or letter of credit has been approved by the
County;
(2) the applicant, acknowledged by the County, is due a credit against the
Impact Fee imposed by the Ordinance, in full or in part, which results
in an Impact Fee amount different from that set forth in the Ordinance;
(3) the applicant is otherwise exempt from or not subject to the terms of the
Ordinance; or
(4) an independent fee calculation study has been performed and approved
by the County, which results in an Impact Fee amount different than
that set forth in the Ordinance.
(f) For land uses not listed in the Ordinance or the County's impact fee
administrative manuals, the City will refer the Building Permit applicant to the County
for calculation of the applicable Impact Fee. Once advised in writing by the County of
Page 5 of 10
April 4, 2005
Interlocal Agreement Between tbe County and City of Sebastian Related to Impact Fees
INDIAI'i RIVER COUNTY, FLORIDA
the appropriate Impact Fee, the City will collect the Impact Fee according to the
provisions ofthis Agreement.
(g) Any dispute by a Building Permit applicant as to the amount or
applicability of the Impact Fee will be resolved between the applicant and the County.
The City will direct Building Permit applicants to the County in the event the
applicant:
. (I) claims an Impact Fee credit in lieu of payment of the Impact Fee
required by the Ordinance;
(2) wishes to appeal the assessment, collection, or expenditure of Impact
Fees;
(3) seeks the refund of an Impact Fee paid for failure to expend Impact Fee
funds within the timeframes set forth in the Ordinance; or
(4) claims that the land use proposed does not generate the impacts
assumed by the County as reflected in the Impact Fees explicitly
imposed by the Ordinance.
(h) The City will accept and review all applications for refund of Impact
Fees for Building Permits revoked, expired, or withdrawn and, where a refund is
appropriate, will send a letter to the County requesting the County to refund Impact
Fees to the Building Permit applicant. Administrative charges provided for in
subsection 5( d) above will not be refunded, unless so directed by the City Manager
and the County Administrator. The letter will include the name and address of the
property owner and applicant, the address of the subject property, and the amount of
Impact Fees paid, by facility type.
(i) By the tenth working day of each month, the City will wire transfer to
the County all Impact Fee funds, including the County's portion of the administrative
charges, collected in the preceding calendar month.
(j) At the time of each monthly wire transfer, the City will provide a report
to the County indicating for each Countywide Capital Facility:
(1) the number of building permits issued by land use category, including,
as appropriate, the number of residential units by type and the amount
of nonresidential floor area by land use;
(2) the date of Building Permit issuance and Impact Fee payment;
(3) the name and address of the Building Permit applicant and property
owner;
(4) the address of the property, the Building Permit number for each
Building Permit application, and the amount of the Impact Fees paid
for each application;
(5) the amount of Impact Fees collected by Capital Facility type and by
type of land use;
Page 6 of 10
April 4, 2005
"
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
(6) the number and amount of any refund requests, by Building Permit
Applicant, made by the City for revoked, expired, or withdrawn
Building Permits and the City will identifY the name and address of the
property owner and applicant, the address of the subject property, and
the amount of Impact Fees paid, by facility type, for each refund
request; and
(7) any other information agreed to by the parties to be necessary for the
proper accounting and expenditure ofImpact Fee funds,
SECTION 6. RESPONSIBILITIES OF THE COUNTY.
(a) The County will receive Impact Fee funds from the City and will place
such funds in segregated Impact Fee accounts, by Countywide Capital Facility, as
provided for in the Ordinance, The County will appropriate and expend Impact Fee
funds only in accordance with the Ordinance and applicable law.
(b) The County will review all applications for credits, refunds for failure
to expend funds within the timeframes set forth in the Ordinance, independent fee
calculation studies, exemptions, and appeals,
(c) Based on the refund requests submitted by the City described in
subsection 5(h) of this Agreement, the County will refund Impact Fees to the Building
Permit Applicant for revoked, expired, or withdrawn building permits, pursuant to the
terms of the Ordinance. Administrative charges provided for in subsection 5(d) above
will not be refunded, unless so directed by the City Manager and the County
Administrator,
(d) The County will provide thirty (30) days notice to the City prior to any
amendment to the Ordinance, including any change to the amount of an Impact Fee
imposed on a particular Countywide Capital Facility. During this period, the City may
provide comments and input regarding the proposed amendment. The County's notice
to the City will describe the nature of the proposed amendment and will include any
staff reports or Methodology Reports prepared in support of the amendment.
Amendments to the Ordinance that are made subsequent to the execution of this
Agreement, including changes to the amount of the Impact Fees assessed for
Countywide Capital Facilities, shall be binding and shall not affect the obligations or
duties imposed by this Agreement upon the parties, unless the City terminates the
interlocal agreement pursuant to subsection 8(b).
(e) County staff will cooperate with and provide guidance to the City in the
assessment and collection of Impact Fees, implementation of the Ordinance, and
compliance with the terms of this Agreement.
(1) The County will provide the City with a computer program that will
account for Impact Fees collected. The program will include all of the categories of
Impact Fees and will allow for the keeping of all the records required for the County
in subsection (5)0), In addition, the program will allow for the electronic transfer of
information between the City and the County.
Page 7 of! 0
April 4, 2005
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
SECTION 7. INDEMNIFICATION.
To the extent allowed by law, the County will indemnify, defend, and hold
harmless the City, its officers, agents, and employees from and against all liability,
claims, suits, costs, and attorney fees in any manner resulting from or arising out of
fees collected by the City and transmitted to the County under the terms of this
Agreement and the Ordinance, unless caused by the negligence or the reckless, willful,
or illegal misconduct of the City or the City's officers, agents, or employees.
SECTION 8. DURATION, TERMINATION, AND MODIFICATION.
(a) This Agreement will remain in full force and effect unless terminated
by the parties pursuant to the procedure set forth in subsection 8(b).
(b) This Agreement may be terminated by the City or County upon ninety
(90) days notice to the other party; however, termination of this Agreement does not
relieve the obligation of any person undertaking development within the City or
County that creates a demand for Countywide Capital Facilities from payment of
Impact Fees imposed under the Ordinance.
(c) This Agreement may be modified at any time by the mutual consent of
the parties and in the same manner as its original adoption.
SECTION 9. NOTICE.
(a) Unless specified by a party in writing otherwise, all notices, demands,
or other papers required to be given or made by this Agreement, or which may be
given or made, by either party to the other, will be given or made in writing and
addressed as follows:
If to the City:
City Clerk, City of Sebastian
1225 Main Street
Sebastian, FL 32958-4165
If to the County:
County Administrator, Indian River County
1840 25th Street
Vero Beach, Florida 32960
(b) The parties will consider notice to be properly given if (I)
personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3)
sent by an overnight letter delivery company.
(c) The parties will consider the effective date of notice to be the date
personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an
overnight letter delivery company, the date the notice was picked up by the overnight
letter delivery company from the party giving notice.
Page 8 of 10
April 4, 2005
"
Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
SECTION 10. GOVERNING LAW.
This Agreement, and its interpretation and performance, shall be governed and
construed by the applicable laws ofthe State of Florida.
SECTION 11. FURTHER ASSURANCES.
The County and the City will perform the provisions of this Agreement in
good faith and will take no actions in conflict with the terms or intent of this
Agreement. The County and City in good faith will take all actions necessary to
implement the terms and purpose of this Agreement.
SECTION 12. CONFLICT.
To the extent of any conflict between this Agreement and any existing County
or City agreement, this Agreement will be deemed to be controlling. This Agreement
is not intended to amend or repeal any existing County or City ordinance.
SECTION 13. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this
Agreement is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion
shall be deemed a separate, distinct, and independent provision and such holding shall
not affect the validity ofthe remaining portions of this Agreement.
SECTION 14. EFFECTIVE DATE.
This Agreement will become effective upon its filing with the Clerk of the
Circuit Court of Indian River County, Florida, as required by Section 163.01(11),
Florida Statutes.
APPROVED this --..!2!.tuay of
May , 2005.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
By: ~ S,~
Thomas S. Lowther, Chairperson
ATTEST~ .
_. .Ji~-( ~Jt/'1~i JJy?aI
/. f. teffrey K. Barton ~
Clerk to-the BoardMCounty Commissioners
rf'-/.6.J
Date
Page 9 of 10
April 4, 2005
Interlocal Agreement Between the County and City of Sehastian Related to Impact Fees
INDIAN RIVER COUNTY, FLORIDA
TO FORM:
{9 William G. Collins, County Attorney
r-
,
APPROVED this 17th day of
~~c1~
Sally M , CIty Clerk
(f/e>
Date
May
,2005.
By:
Nathan McCollum, Mayor
Richard Stringer, City Au
~K
Date
~I ;:25 /?J5
Date
F:\Community Development\Users\LONG RANGE\Impact Fee\lnterlocal Agreements\April 4, 2005\City of Sebastian. DOC
Page 10 of 10
April 4, 2005
..
ORDINANCE 2005- 015
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
ADOPTING TITLE X, IMPACT FEES, AND AMENDING CODE
SECTION 953, FAIR SHARE ROADWAY IMPROVEMENTS,
OF THE CODE OF INDIAN RIVER COUNTY TO PROVIDE
FOR ASSESSING AND COLLECTING IMPACT FEES
WHEREAS, the Board of County Commissioners has the authority to adopt this
title pursuant to Article VIII, Florida Constitution, and Florida Statutes Chapters 125 and
163; and
WHEREAS, this title is intended to implement and be consistent with the county
comprehensive plan; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, measurable level of service standards are established in the
County's comprehensive Plan or need to be established for each of the above listed
public services; and
WHEREAS, existing revenue sources are not sufficient to fund capital
improvements necessary to accommodate new development; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, the revenue received from the impact fees set forth in this chapter
shall not be used to correct existing deficiencies; and
1
ORDINANCE 2005- 015
''1
WHEREAS, the impact fees set forth in this title establish a fair and conservative
method of assessing new development its fair share costs for capacity producing capital
improvements; and
WHEREAS, the Board approves and accepts the underlying studies as a
reasonable basis for the fees; and
WHEREAS, 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; and
WHEREAS, the administrative charges set forth in this title are reasonable and
necessary charges in order to efficiently administer the duties mandated by this title.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of Indian River County, that Chapter 953 of the Indian River Code is hereby amended
as follows:
CHAPTER 953. FAIR SHARE ROADWAY IMPROVEMENTS Is repealed and
replaced by Chapter 1010, Indian River County Traffic Facilities and Fair Share
Roadway Improvements Ordinance, except to the extent necessary to implement traffic
impact fees under the exemption set fort~ in this ordinance.
NOW THEREFORE, BE IT FURTHER ORDAINED by the Board of County
Commissioners of Indian River County, that Title X of the Indian River Code is hereby
created as follows:
TITLE X
IMPACT FEES
CHAPTER 1000. PURPOSE AND INTENT
CHAPTER 1001. DEFINITIONS
CHAPTER 1002. EMERGENCY SERVICES FACILITIES
CHAPTER 1003. CORRECTIONAL FACILITIES
CHAPTER 1004. PUBLIC BUILDINGS
CHAPTER 1005. LAW ENFORCEMENT
CHAPTER 1006. LIBRARY FACILITIES
CHAPTER 1007. SOLID WASTE FACILITIES
CHAPTER 1008. PARKS AND RECREATION FACILITIES
CHAPTER 1009. PUBLIC EDUCATION FACILITIES
CHAPTER 1010. TRAFFIC FACILITIES
CHAPTER 1011. ADMINISTRATIVE CHARGES
CHAPTER 1012. RULES OF CONSTRUCTION
CHAPTERS 1000 THROUGH 1012 ARE ATTACHED HERETO AND INCORPORATED
HEREBY
2
ORDINANCE 2005- 015
Effective date: This ordinance shall become effective on July 1, 2005.
Exemption: Consistent with Article I, Section 10 of the United States and State of
Florida Constitutions, complete building permit applications received after July 1, 2005,
shall be assessed in accordance with the prior impact fee schedule ordinance 2004-015
(codified as Chapter 953) if they meet the following conditions:
1) A valid contract has been executed prior to July 1,2005; and
2) A copy of the executed contract together with a copy of the cancelled check for
deposit monies is submitted to the Community Development Department; and
3) The application of the ordinance would impair the obligations of the contract.
This Exemption shall expire July 1, 2006, unless further extended by a duly enacted
ordinance.
This ordinance was advertised in the Press Journal on the 2nd day of ~, 2005, for a
public hearing on 17th day of Mav , 2005, at which time it was moved for
adoption by Commissioner Neuberqer , and seconded by Commissioner
Whee 1 er , and adopted by the following vote:
Chairman Thomas S. Lowther
Vice ChairmanArthur R. Neuberger
Commissioner Wesley S. Davis
Commissioner Gary C. Wheeler
Commissioner Sandra L. Bowden
Aye
Aye
Ave
Aye
Ave
The Chairman thereupon declared the ordinance duly passed and adopted this 17th day
of May, 2005.
Attest: J. K. Barton, Clerk
" ,J;)
Byc>~-#\.- ~d.-1, f).c.
Deputy Clerk
INDIAN RIVER COUNTY, FLORIDA
by itRard:l County Commissioners
By ~L--~ ~
Thomas S. Lowther, Chairman
BCC Approved:
Mav 17. 2005
William K. DeBraal
Assistant County Attorney
3
TITLE X
IMPACT FEES
CHAPTER 1000. PURPOSE AND INTENT
CHAPTER 1001. DEFINITIONS
CHAPTER 1002. EMERGENCY SERVICES FACILITIES
CHAPTER 1003. CORRECTIONAL FACILITIES
CHAPTER 1004. PUBLIC BUILDINGS
CHAPTER 1005. LAW ENFORCEMENT
CHAPTER 1006. LIBRARY FACILITIES
CHAPTER 1007. SOLID WASTE FACILITIES
CHAPTER 1008. PARKS AND RECREATION FACILITIES
CHAPTER 1009. PUBLIC EDUCATION FACILITIES
CHAPTER 1010. TRAFFIC FACILITIES
CHAPTER 1011. ADMINISTRATIVE CHARGES
CHAPTER 1012. RULES OF CONSTRUCTION
1
CHAPTER 1000. PURPOSE AND INTENT
Section 1000.0l.
Section 1000.02.
Section 1000.03.
Section 1000.04.
Section 1000.05.
Section 1000.06.
Section 1000.07.
Section 1000.08.
Section 1000.09.
Section 1000.10.
Section 1000.11.
Section 1000.12.
Section 1000.13.
Section 1000.14.
Section 1000.15.
Short title.
Authority.
Intent and purpose.
Findings.
Severability.
Imposition.
Exemptions and Credits.
Computation.
Payment.
Trust funds.
Use offunds.
Donations in lieu of payment.
Review.
Appeals.
Refund offees paid.
Section 1000.01 Short Title.
Title X shall be known and may be cited as the Indian River County Impact Fee Ordinance.
Section 1000.02 Authority.
(1) The board of county commissioners has the authority to adopt this title pursuant to
Article VIII, Florida Constitution, and Florida Statutes Chapters 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.
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 ofland 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.
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 ofthose facilities.
(2) Measurable level of service standards are established in the County's comprehensive Plan
or need to be established for each ofthe above listed public services.
2
(3) Existing revenue sources are not sufficient to fund 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.
(:;) 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.
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.
Section 1000.06. Imposition.
(I) 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.
(2) No building permit or initial concurrency certificate for any activity requiring payment of
impact fees pursuant to this title shall be issued unless and until all impact fees required by this
title have been paid.
(3) Any person, who after the effective date of this ordinance applies for an initial
concurrency certificate or for a permit to set up a new mobile home, shall be assessed impact
fees and shall be required to pay all applicable impact fees in the manner and amount set forth in
this title.
(4) No permit or initial concurrency certificate for the set up of a new mobile home requiring
payment of impact fees pursuant to this title shall be issued unless and until all impact fees
required by this title have been paid.
Section 1000,07. Exemptions and credits.
(I) Exemptions. The following activities shall be exempted from payment of impact fees
levied under this title:
3
(A) Alteration or expansion of an existing building where no additional units are created,
where no additional square footage of building is created, or where the use is not
changed.
(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 nomesidential 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 provided there
is no expansion of the existing building or structure and the change results in a
reduction 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.
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 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) Ifa feepayer objects to the amount of any impact fees determined according to subsection
(1) or (2) ofthis 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. 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 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.
4
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.
Section 1000.10. Trustfunds.
(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.
(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 1011.
(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.
Section 1000.11. Use offunds.
(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 ofthe 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.
5
(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 percent (3%) 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 percent (2%) of the funds
collected under this title to compensate them for the administrative expense <if administering this
title.
Section 1000.12. Donations in lieu of payment.
(1) In lieu ofa feepayerpaying 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 Seven Year Capital Improvements
Program, the Municipal Planning Organization's 20 year 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, 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 125 percent of the full cost of such construction. lfthe
Capitallmprovements Program construction project will not be constructed within one year of
the acceptance ofthe offer by the county administrator, the amount of the security shall be
increased by fifteen 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.
Section 1000.13. Review.
(1) Each fiscal period, the county administrator shall present a proposed capital
improvements program (ClP) 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 ClP 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 ofthis chapter.
(2) The fee schedules contained in this title shall be reviewed by the board of county
commissioners at least once every third year.
6
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 Chapter 100.06 of this code.
Section 1000.15. Refund offees paid.
(1) If a building permit or an initial-l 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-S year concurrency certificate cannot be refunded, however,
any such impact fees paid will run as a credit with the land.
(2) Any funds not expended or encumbered by the end of the calendar quarter immediately
following six years from the date that an impact fee payment was received shall, upon
application of the current owner, be returned to the current owner with interest at the rate earned
by the County on the funds. Refunds not requested within one year of the end of the six year
holding period shall be deemed waived.
7
CHAPTER 1001. DEFINITIONS
Section 1001.01
Section 1001.02
Section 1001.03
Title
Purpose and Intent.
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."
Section 1001.02 Purpose and Intent.
It is the purpose of this chapter to maintain the definitions ofterms for the Impact Fee
Regulations for Indian River County.
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. g 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.
8
CHAPTER 1002. EMERGENCY SERVICES FACILITIES
Section 1002.01.
Section 1002.02.
Section 1002.03.
Section 1002.04.
Short title; statutory authority; applicability.
Findings.
Computation.
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.
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) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new development.
(3) The emergency services facilities level of service standard for the county is .089 Stations
per 1,000 permanent plus weighted peak seasonal countywide population, excluding Indian
River Shores.
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).
Section 1002.04. Use offunds.
(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 ofthe
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 ofIndian River
County from which the funds are collected. Funds shall be expended in the order in which they
are collected.
9
CHAPTER 1003. CORRECTIONAL FACILITIES
Section 1003.01.
Section 1003.02.
Section 1003.03.
Section 1003.04.
Short title; statutory authority; applicability.
Findings.
Computation.
Use offunds.
Section 1003.01. Short title; statutory authority; applicability.
(1) This chapter shall be known and may be cited as the Indian River County Correctional
Faciiities 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, S l(f), Florida Constitution.
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) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new development.
(3) The correctional facilities level of service standard for the county is 4.50 inmate beds per
1,000 permanent plus weighted peak seasonal countywide population.
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).
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 ofthe 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 ofIndian River
County from which the funds are collected. Funds shall be expended in the order in which they
are collected.
10
CHAPTER 1004. PUBLIC BUILDINGS DEVELOPMENT
Section 1004.01.
Section 1004.02.
Section 1004.03.
Section 1004.04.
Short title; statutory authority; applicability.
Findings.
Computation.
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, S 1(f), Florida Constitution.
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) The public building level of service standard for the county is 1.99 building square feet
per capita for permanent plus weighted peak seasonal countywide population.
(3) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new 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).
Section 1004.04. Use offunds.
(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.
11
CHAPTER 1005. LAW ENFORCEMENT
Section 1005.01.
Section 1005.02.
Section 1005.03.
Section 1005.04.
Short title; statutory authority; applicability.
Findings.
Computation.
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.
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) The law enforcement facilities level of service standard for the county is 2.09 officers per
1,000 permanent plus weighted peak seasonal unincorporated county population.
(3) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new development.
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).
Section 1005.04. Use offunds.
(I) 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 ofIndian River
County from which the funds are collected. Funds shall be expended in the order in which they
are collected.
12
CHAPTER 1006. LffiRARY FACILITIES
Section 1006.01.
Section 1006.02.
Section 1006.03.
Section 1006.04.
Short title; statutory authority; applicability.
Findings.
Computation.
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, S 1(f), Florida Constitution.
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) The library facilities level of service standard for the county is 580 square feet of library
space per 1,000 permanent plus weighted peak seasonal countywide population, 3,200 library
materials per 1,000 permanent plus weighted peak seasonal countywide population, 0.7
computers per 1,000 permanent plus weighted peak seasonal countywide population, and 0.2
other library equipment items per 1,000 permanent plus weighted peak seasonal countywide
population.
(3) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new development.
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).
Section 1006.04. Use offunds.
(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 shaIl be used exclusively for capital improvements in the areas ofIndian River
County from which the funds are coIlected. Funds shaIl be expended in the order in which they
are collected.
13
CHAPTER 1007. SOLID WASTE FACILITIES
Section 1007.01.
Section 1007.02.
Section 1007.03.
Section 1007.04.
Short title; statutory authority; applicability.
Findings.
Computation.
Use of Funds.
Section 1007.01. Short title; statutory authority; applicability.
(1) This chapter shall be known and may be 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, ~ l(t), Florida Constitution.
Section 1007.02. Findings.
In addition to those fmdings 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) The solid waste facilities level of service standard for the county is 2.2 tons or 3.67 cubic
yards per capita for permanent plus weighted peak seasonal countywide population per year.
(3) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new development.
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).
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 ofIndian River
County from which the funds are collected. Funds shall be expended in the order in which they
are collected.
14
CHAPTER 1008. PARKS AND RECREATION FACILITIES
Section 1008.01.
Section 1008.02.
Section 1008.03.
Section 1008.04.
Short title; statutory authority; applicability.
Findings.
Computation.
Use offunds.
Section 1008.01. Short title; statutory authority; applicability.
(I) This chapter shall be known and may be cited as the Indian River County Parks and
Recreation Facilities hnpact Fee Ordinance.
(2) This chapter shall apply to only unincorporated Indian River County.
Section 1008.02. Findings.
In addition to those fmdings and determinations found in Chapter 1000, the board of county
commissioners makes the following findings and determinations:
(I) The existing Parks and Recreation Facilities are not sufficient to accommodate
anticipated new development without decreasing the existing levels of service.
(2) The park and recq:ation level of service standard for the county is 6.61 acres per 1,000
permanent plus weighted peak seasonal unincorporated county population.
(3) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new development.
Section 1008.03. Computation.
The amount ofthe 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 marmer set forth in
subsection 1000.08(3).
Section 1008.04. Use offunds.
(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 ofIndian River
County from which the funds are collected. Funds shall be expended in the order in which they
are collected.
15
CHAPTER 1009. PUBLIC EDUCATION FACILITIES
Section 1009.01.
Section 1009.02.
Section 1009.03.
Section 1009.04.
Short title; statutory authority; applicability.
Findings.
Computation.
Use of funds.
Section 1009.01. Short title; statutory authority; applicability.
(I) 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, ~ I(f), Florida Constitution.
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) The public education facilities level of service standard for Elementary Schools is 144.71
building square footage per student station, for Middle Schools is 117.26 building square footage
per student station, for High Schools is 147.57 building square footage per student station, and
overall, the county wide weighted average level-of-service standard for all schools is 139.07
building square footage per student station.
(3) Existing revenue sources are not sufficient to fund capital improvements necessary to
accommodate new development.
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).
Section 1009.04. Use offunds.
(I) 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 ofIndian River
County from which the funds are collected. Funds shall be expended in the order in which they
are collected.
16
CHAPTER 1010. TRAFFIC FACILITlESAND FAIR SHARE ROADWAY
IMPROVEMENTS
Sec. 1010.01. 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 offunds 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.
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.
(3) The traffic facilities level of service standard for the county is "D" on all roadways
during peak hour, peak season, peak direction conditions.
Section 1010.03 Establishment of a fee schedule.
(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 ofland development activity on themajor road network. Such
assessment shall be based on a traffic impact analysis. 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:
I. 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
17
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 sections, along with the current impact fee
equation construction cost and credit equation factors.
(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 ofthe 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 shall be
submitted to the county administrator, or his designee.
(D) Within twenty (20) days of receipt of a traffic impact analysis, the county
administrator or his designee shall determine if it is complete. Ifthe county
administrator determines the application 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 traffic impact analysis.
(E) When the county administrator determines that the traffic impact analysis 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
18
proposed land development activity is substantially 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.
Section 1010.04. Credit against payment oftraffic impact fees.
(I) 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 ofthe 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 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 I, 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:
19
I. Access roads leading to and from the development;
2. 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) ordedication(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.
(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 goveming 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 oftitle 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:
20
(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.
(II) In order to maintain the pro rata or proportionate share purpose ofthe 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 oilly
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.
Section 1010.05. Use offunds 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 desiguated 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 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 sha:ll be paid
into the trust accounts established for the district in which the new land development activity is
proposed.
(4) Expenditure off air 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
21
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 IIl--eight (8) percent; District IV --nine (9) percent; District
Yo-ten (10) percent; District VI--four (4) percent; District VII--four (4) percent;
District VIlI--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.
22
CHAPTER 1011. ADMINISTRATNE CHARGES
Section 1011.01.
Section 1011.02.
Section 1011.03.
Section 1011.04.
Short title; statutory authority; applicability.
Findings.
Computation.
Use offunds.
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, ~ l(f), Florida
Constitution.
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 percent (3%) 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.
(4) Each participating municipality shall be entitled to retain two percent (2%) 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.
Secfion 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).
Section 1011.04. Use offunds.
(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.
23
CHAPTER 1012. RULES OF CONSTRUCTION
Section 1012.01.
Section 1012.02.
Section 1012.03.
Title
Purpose and Intent.
Rules of construction.
Section 1012.01 Title
This chapter shall be known as the "Indian River County Impact Fees, Rules of Construction
Chapter.
Section 1012.02 Purpose and Intent.
It is the purpose of this chapter to set forth the rules of construction for all of Title X, Impact
Fees Regulations for Indian River County.
Section 1012.03. Rules of construction.
(1) The provisions of Title X shall be liberally construed so as to effectively carry out its
purpose in the interest of the public health, safety and welfare.
(2) For the purposes of administration and enforcement of this title, unless otherwise stated
in this title, the following rules of construction shall apply:
(A) In case of any difference of meaning or implication between the text of Title X and
any caption, illustration, summary table or illustrative table, the text shall control.
(B) The term "shall" is always mandatory and not discretionary; the term "may" is
permissive.
(C) Words used in the present tense shall include the future; and words in the singular
number shall include the plural, and the plural the singular, unless the context clearly
indicates the contrary.
(D) The term "used for" includes the term "arranged for," "designed for," "maintained
for" or "occupied for."
(E) The term "person" includes an individual,. a corporation, a partnership, an
incorporated association or any other similar entity.
(F) Unless the context clearly indicates the contrary, where a regulation involves two or
more items, conditions, provisions or events connected by the conjunction "and," "or"
or "either. . . or," the conjunction shall be interpreted as follows:
1. The term "and" indicates that all the connected terms, conditions, provisions or
events shall apply.
2. The term "or" indicates that the connected items, conditions, provisions or events
may apply singularly or in any combination.
3. The term "either. . . or" indicates that the connected items, conditions, provisions
or events shall apply singularly but not in combination.
(G) The word "includes" shall not limit a term to the specific example, but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
(H) The term "county administrator" means the county administrator or the county
officials he may designate to carry out the administration of this Title.
(I) The land use types listed in Title X shall have same meaning as under Title IX.
24
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