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• Appeal Reason 7: "These fees do not meet the dual rational nexus test or the prohibition against land banking as outlined in case law". Response: This reason implies that the County's Impact Fee program fails to meet the "Dual Rational Nexus" test that courts have determined must apply to all Impact Fee programs. According to the Tindale Oliver & Associate Attorney, the County Attorney, and the School District's Attorney, the Indian River County School Impact Fee Program is virtually identical to impact fee programs in other counties and more than meets the Dual Rational Nexus test. In fact, pages 1-2 — 1-15 of the 2005 impact fee study and pages 3 — 9 of the 2014 impact fee study adequately address this issue. (Attachment 4) Indian River County's impact fee program uses a consumption -based approach to impact fee calculation, assessment, and collection. This approach is predicated on 1) an assumption that each new unit of development generates a modest amount of demand for new schools and other services and 2) a fee fonnulated to capture a pro -rated cost per unit of development based on actual construction costs. This ensures that fees are collected proportionate to development — if there are no units built, no fees whatsoever are collected. Fees that are collected. are proportionate to the impact of the new development. The County reviews fee encumbrance/expenditure information from the School District to make sure that fees are used only for eligible activities. To ensure that the fees are spent on projects that benefit the fee payer, fees are spent on classroom, transportation, and ancillary facilities within the school district and used districtwide. Attachment 3 contains a list of projects undertaken by the Indian River County School District using school impact fees. Those data show that fees were used for proper purposes. • Appeal Reason 8: "State statutes prevent the use of preferential consideration for government". Response: Although it is unclear what this statement is referring to, impact fees are imposed upon and collected from all government development projects just as they are on private sector development, a policy imposed to avoid the appearance of any preferential treatment for government projects. If this reason refers to burden of proof, please see staff's response to Reason 9 below. • Appeal Reason 9: "It is required that the government prove that the fees were eligible and properly spent. The burden of proof lies with Mr. Boling and the school district. not the applicant and was not proven as required". Response: All fees collected in 2008 were spent on eligible activities, and the Community Development Director included documentation of that fact in his letter. With 3 Attachment 4a 138