§ 10-325. Use of funds.

(a)

All transportation impact fee funds collected under this division are expressly designated for the accommodation of impacts reasonably attributable to the proposed development, and shall be used solely for the purpose of capital improvements for roads on the county's major road network system, and not for maintenance or operations. Transportation impact fees may be used for the following purposes, including, but not limited to:

(1)

Design and construction plan preparation;

(2)

Permitting;

(3)

Right-of-way acquisition, including costs of acquisition or condemnation;

(4)

Construction of new through lanes;

(5)

Construction of new turn lanes;

(6)

Construction of new bridges;

(7)

Construction of new drainage facilities in conjunction with new roadway construction;

(8)

Purchase and installation of new traffic signalization;

(9)

Construction of new curbs, medians and shoulders;

(10)

Construction management and inspection;

(11)

Surveying and soils and material testing;

(12)

Consultant fees to study and update this division and to provide specific trip characteristic studies.

(13)

Environmental mitigation costs.

(14)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the county to provide funds to construct or acquire off-site roadway improvements on the major road network system. Funds on deposit in the respective transportation impact fee trust accounts shall not be used for any expenditure that would be classified as a maintenance or repair expense, nor shall they be used on local roads or on interstate highways.

(15)

Intelligent transportation system costs that increase roadway capacity or optimize the use of roadway capacity or optimize the use of road capacity including but not limited to, new traffic signals, computerized signalization systems, computerized traffic monitoring systems and computerized changeable message systems.

(16)

Construction of sidewalks, bicycle lanes and mass transit enhancements (e.g., transit shelters, bus turnouts or bus bulbs).

(b)

There are hereby established two road construction districts as shown on Exhibit A and described as follows:

(1)

West county district: The west county district includes all lands in unincorporated and incorporated Marion County, which are west of I-75; and

(2)

East county district: The east county district includes all lands in unincorporated and incorporated Marion County, which are east of I-75.

(c)

Proceeds collected from road impact fees and all interest accrued on such funds shall be used solely within the road construction district from which the fees have been collected, in effect at the time impact fees were paid, or for projects in other road construction districts which are of direct benefit to the district from which funds were collected. The board may approve the use of funds collected in one district for a project in another district after a specific finding that the project will be a direct benefit to the district where funds were collected. There were previously four (4) road construction districts as established by Ordinance No. 94-33, which districts are depicted herein and attached hereto as Exhibit B. Solely for the purpose of expenditure of transportation impact fees that have been collected within those four (4) districts before the effective date of this article, those four (4) districts and their corresponding trust accounts shall remain in effect until all funds that were previously collected within any of those districts has been spent within such district, or within another district based on a specific board finding of direct benefit as provided above.

(d)

There is hereby established a Marion County Impact Fee Ordinance Trust Fund for each road construction district for the purpose of ensuring that the fees collected pursuant to this division are designated and held separately for use in an accommodation of impacts reasonably attributable to the proposed land development activity within the road construction district from which they are collected.

(e)

Any proceeds in a trust fund account on deposit, not immediately necessary for expenditure, may be invested in interest bearing assets. All income derived from this investment shall be added to and retained in the trust fund account.

(f)

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 road construction district trust fund. After review of the county administrator's recommendation, the board shall approve, modify, or deny the recommended expenditures of the trust fund monies. Any amounts not appropriated from a trust fund account, together with any interest earnings, shall be carried over in the specific trust fund account to the following fiscal period.

(Ord. No. 15-14, § 1, 9-1-2015)

Editor's note

It should be noted that Exhibits A and B referenced above, have not been set out at length herein, but are on file and available for inspection in the office of the county clerk.