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Indian River County Impact Fee Study Final Report - irccdd.com

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OVERVIEW<br />

Purpose of the Policy Summary<br />

• Introduce the concept of impact fees to the elected officials in IRC.<br />

• Summarize the legal requirements for imposing impact fees.<br />

• Discuss impact fee level of service considerations.<br />

• Discuss impact fee revenues and their effect on current capital funding of impact<br />

fee program areas.<br />

LEGAL REQUIREMENTS FOR IMPACT FEES<br />

<strong>Impact</strong> <strong>Fee</strong> Definition<br />

• An impact fee is a one-time capital charge levied against new development.<br />

• An impact fee is designed to cover the portion of the capital costs of infrastructure<br />

capacity consumed by new development.<br />

• The principle purpose of an impact fee is to assist in funding the implementation<br />

of projects identified in the Capital Improvements Element (CIE) and other<br />

capital improvement programs for the respective facility/service categories.<br />

<strong>Impact</strong> <strong>Fee</strong> vs. Tax<br />

• An impact fee is a regulatory function established as a condition for improving<br />

property and is not established for the purpose of generating revenue.<br />

• An impact fee must convey a proportional benefit to the fee payer.<br />

• An impact fee must be tied to a proportional need for infrastructure created by<br />

development.<br />

Legal Framework for Imposing <strong>Impact</strong> <strong>Fee</strong>s<br />

• Legal standards and criteria have been established through state case law<br />

decisions that:<br />

o support local government authority to impose impact fees.<br />

o require that fees <strong>com</strong>ply with state and federal constitutional requirements.<br />

Authority to Impose <strong>Impact</strong> <strong>Fee</strong>s in IRC<br />

• IRC is a non-charter county.<br />

o A non-charter county derives its authority from the state constitution and<br />

statutory sources;<br />

o A non-charter county may adopt ordinances that are not inconsistent with<br />

general law; and<br />

Tindale-Oliver & Associates, Inc.<br />

<strong>Indian</strong> <strong>River</strong> <strong>County</strong><br />

May 2005 I-3 <strong>Impact</strong> <strong>Fee</strong> <strong>Study</strong>

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