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Indian River County I Impact Fee Update Study <br /> as the basis for the fee. Finally, under HB 319, an alternative mobility system, that is not <br /> mobility fee-based, must not impose upon new development any responsibility for funding <br /> an existing transportation deficiency. <br /> At this time, Indian River County is not interested in implementing a mobility fee primarily <br /> due to the suburban nature of the county. Instead, the County is using the affordable <br /> growth approach to reduce fees for non-residential land uses to accomplish its economic <br /> development goals. <br /> The following paragraphs provide further detail on the generally applicable legal standards <br /> applicable here. <br /> Impact Fee 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 of <br /> projects identified in the Capital Improvements Element (CIE) and other capital <br /> improvement programs for the respective facility/service categories. <br /> Impact Fee vs.Tax <br /> • An impact fee is generally regarded as a regulatory function established as a <br /> condition for improving property and is not established for the primary purpose of <br /> generating revenue, as are taxes. <br /> • Impact fee expenditures must convey a proportional benefit to the fee payer. <br /> • An impact fee must be tied to a proportional need for new infrastructure capacity <br /> created by new development. <br /> Authority to Impose Impact Fees in Indian River County <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 /> o A non-charter county may adopt countywide ordinances that do not conflict <br /> with municipal ordinances. <br /> Tindale-Oliver&Associates, Inc. Indian River County <br /> September 2014 5 Impact Fee Update Study <br /> R-tD <br />