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

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Summary of Legal Requirements<br />

• Local government impact fee programs must satisfy the “dual rational nexus test.”<br />

• A non-charter county may adopt countywide ordinances that do not conflict with<br />

municipal ordinances.<br />

• The fiscal burden of providing countywide services should be borne by property<br />

owners in both the unincorporated and incorporated areas of the county.<br />

• A local government impact fee program must be based on a study reflecting capital<br />

facility needs.<br />

• The <strong>County</strong> must establish level of service (LOS) standards for each impact fee<br />

program area.<br />

• The <strong>County</strong> must evaluate the revenue credit that each unit of new development<br />

generates and could be used to fund new capital facilities (property tax, sales tax,<br />

etc.).<br />

• <strong>Impact</strong> fees are charged against future development that creates a measurable<br />

demand for new capital facilities.<br />

• <strong>Impact</strong> fee revenue must be deposited into segregated accounts to ensure that<br />

revenues will be expended for the provision of the capital facilities for which the fees<br />

are collected.<br />

• The determination of a proper benefit area depends on the background data and<br />

nature of the service being provided.<br />

• To ensure that developers pay no more than their proportionate share of capital costs,<br />

developer credits are typically provided for monetary contributions, land<br />

dedications, and construction provided by developers toward the provision of<br />

capital facilities for which impact fees are collected.<br />

• To survive judicial scrutiny of exemptions:<br />

o exempted land uses or project types must be clearly defined and<br />

consistent with the adopted Comprehensive Plan policies of the<br />

<strong>County</strong>; and<br />

o the <strong>County</strong> must reimburse or, “rebate,” exempted fees with revenues<br />

from non-impact fee revenue sources.<br />

• Typically, provisions for appeals of impact fee decisions made by staff, the<br />

<strong>County</strong> Administrator, and the BCC must be defined in the ordinance or through<br />

existing <strong>County</strong> procedures.<br />

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

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

May 2005 I-15 <strong>Impact</strong> <strong>Fee</strong> <strong>Study</strong>

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