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• • • Indian River County 1 Impact Fee Update Study In Florida, legal requirements related to impact fees have primarily been established through case law since the 1980's. Generally speaking, impact fees must comply with the "dual rational nexus" test, which requires`that they: • Be supported by a study demonstrating that the fees are proportionate in amount to the need created by new development paying the fee; and • Be spent in a manner that directs a proportionate benefit to new development, typically accomplished through a list of capacity -adding projects included in the ff County's Capital Improvement Plan, Capital Improvement Element, or another planning document/Master Plan. rcff. , r d��gn In addition, one of the requirements of the 200_gi,Florida Impact e- Act is that the studies be based on most recent and localized data° a This technical reportreared to su has been 4�y prepared p pport`�legal�compliance with = js ing case law and statutory requirements. Altho Gghcthe Florida courts have yet to expressly address the methodology underpinning the Affordablle.°Grpwth Strategy,, this aspect of the report is based on the long-standing legal standards described in this report. The technical report also documents the methodology components for ,eachaof to impact fee areas, including an d.o__ ..QA• C,. . air, �- evaluation of the'inventory, service area, level of -service ('LOS), cost, credit, and demand components. Information support ng this ana ysis was obtained from the County and other sources,aas-indicated. Th report" eludess resultstfor all program areas, with the exception of edduAional facilities. Because the initia o sults have not yet been reviewed by the India River County Schoo Board ti his section isnot included in this report. `4.941t. Three primary=factors affected the Count's impact fee levels: • Since 2005, t'e;Counfy-built additional infrastructure and increased the capital asset inventory signing -0y in most program areas. This results in an increased asset value, which in turn, increases the impact fee. • In most infrastructure areas, the County used or is still using other revenue sources to supplement impact fees, such as optional sales tax revenues, ad valorem tax revenues, and other revenues. Depending on the program area and the level of on- going investment, this results in an increase in the credit component for some program areas, which in turn reduces the impact fee. In others, if the investment was made in earlier years and are not projected to continue at the same levels, the Tindale -Oliver & Associates, Inc. Indian River County January 2014 ES -2 Impact Fee Update Study