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

• Most communities make the effective date of impact fees anywhere from one to
six months after the adoption of the ordinance.
• Delaying the effective date allows developments already in the pipeline to
complete their application and get their building permit prior to paying the new
impact fees.
• Delaying the effective date results in lost impact fee revenue from development
that occurs during the delay time period.
Applicability of Impact Fees on Future Development
• Impact fees will be charged against future development that creates a measurable
demand for new capital facilities and for which no building permit has been
issued prior to the effective date of the ordinance.
• Impact fees will not be charged against existing development (e.g., home resales)
or future development that does not create a new demand for capital facilities.
• Examples of new development that will not pay an impact fee include:
o developments where building permits have been issued prior to the
effective date of the impact fee ordinance;
o developments that document no creation of a measurable demand for new
capital facilities; and
o developments that are deed-restricted residential communities restricted to
adults only (excluded from paying a Public Education Impact Fee).
• Impact fees for capital facilities that are provided by the County within only the
unincorporated areas of the county must be charged against development within
only the unincorporated areas of the county.
• Impact fees for capital facilities that are provided by the County within both the
unincorporated and incorporated areas (i.e., “countywide”) must be charged
against development within both the unincorporated and incorporated areas of the
county.
• The Florida Supreme Court has held that those who benefit from the provision of
County facilities must share the burden of providing those facilities so that the
burdens of one group are not passed disproportionately to another group.
• Countywide impact fees must be spent in a manner that reasonably benefits those
in incorporated and unincorporated areas.
Intergovernmental Coordination and Countywide Administration
• Interlocal Agreements among the County, municipalities, and the School Board
must be developed and adopted prior to the effective date of the impact fee
ordinance to address the:
o collection of countywide impact fees within incorporated areas of the
county;
o administrative costs borne by municipalities collecting impact fees for the
County;
Tindale-Oliver & Associates, Inc.
Indian River County
May 2005 I-6 Impact Fee Study