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Executive Summary <br />In response to high growth levels and the need to provide infrastructure to support this <br />growth, Indian River County (IRC) implemented a Transportation Impact Fee in 1986. In <br />2005, the County adopted impact fees in eight additional program areas. The technical <br />studies for all program areas were updated in 2007; however, these technical studies were <br />not adopted. Of the nine program areas, only the transportation impact fee was later <br />updated substantially in 2009 by an internally generated County update using data from the <br />2005 and 2007 studies, resulting in a fee reduction for almost all the land uses. The eight <br />non -transportation program fees were slightly modified in the 2009 update. Since then, the <br />County suspended the collection of five impact fee areas to promote construction during <br />the economic downturn, and more recently extended suspension of correctional facilities, <br />solid waste, and public buildings impact fees. <br />Indian River County has retained Tindale -Oliver & Associates, Inc. (TOA) to prepare an <br />update study to reflect changes to the impact fee variables for all program areas. In <br />addition, the direction received from the Board of County Commissioners (BOCC) is to <br />maintain the residential land uses at the current level and develop a methodology to reduce <br />non-residential impact fees. <br />To address the goal of reducing fees for non-residential land uses, TOA developed the <br />Affordable Growth methodology, which takes into consideration revenues received from <br />the existing development that will be used toward capacity expansion projects. As <br />population growth rates decrease, the existing development's ability to assist in absorbing <br />new growth's impact while maintaining the level of service (LOS) becomes more possible. <br />The Affordable Growth method calculates the necessary impact fee levels to maintain the <br />existing/achieved LOS given a certain level of non -impact fee funding at an estimated <br />growth rate. It is important to note that whether to fund capacity expansion projects solely <br />with impact fee collections or supplement them with alternative funding sources is largely a <br />policy decision, allowing the County to contribute or limit non -impact fee funding in its <br />service areas as appropriate based on its capital improvement planning goals and the <br />nature of its existing impact fee program. <br />In Florida, legal requirements related to impact fees have primarily been established <br />through case law since the 1980's. Generally speaking, impact fees must comply with the <br />"dual rational nexus" test, which requires that they: <br />Tindale -Oliver & Associates, Inc. Indian River County <br />June 2014 <br />ES -1 Impact Fee Update Study <br />