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BOOK 95 PA 1121 <br />In providing public services and facilities, governments must <br />consider who is requiring and utilizing the service. As a <br />community grows, new residents increase the demand for facilities. <br />Government must then determine how improvements or expansions of <br />the existing facilities will be funded in order to serve the new <br />growth. In so doing, government must determine if the existing <br />community will bear any or all of the costs to expand existing <br />facilities to accommodate new residents. <br />Typically, charging existing residents to fund facility expansions <br />for new residents is discouraged. Instead, many communities prefer <br />the concept that new growth should pay for itself. In response to <br />this concept, many communities- assess special fees for new <br />developments which will increase the demand for public facilities. <br />These special fees are known as impact fees, and they are used to <br />fund expansions of capital facilities to accommodate new growth. <br />Using impact fees, a community avoids charging existing residents <br />for the full cost of facility improvements necessitated by new <br />residents. <br />• Impact Fees Generally <br />Impact fees may be defined as.single, one-time payments required <br />from developers at the time of obtaining project development <br />approval, which are calculated to be the proportionate share of the <br />capital cost of providing public facilities for the development <br />project. In relation to housing, a 1,000 square foot single-family <br />home is typically charged the same impact fee as a 5,000 square <br />foot single-family home, since the facility impact is the same for <br />both and the impact is not affected by the size of the home. <br />Consequently, impact fees differ from taxes, because the amount of <br />a tax does not need not relate to the level of government services <br />received. <br />Generally, impact fees are assessed against new development, as <br />well as expansions of existing developments; usually, impact fees <br />are payable at the time building permits are issued. For this <br />reason, impact fees assessed on housing effectively become part of <br />the upfront costs which are included in, or added to, the purchase <br />price of a housing unit. This "additional cost" has created a <br />substantial amount of controversy in relation to the need for <br />affordable housing. In 1992, the Florida Legislature adopted the <br />William Sadowski Affordable Housing Act which established the State <br />Housing Initiatives Partnership (SHIP) Program. In compliance with <br />the SHIP Program, participating counties, including Indian River <br />County, were required to establish Affordable Housing Advisory <br />Committees which would examine impact fees in their jurisdictions <br />and, where warranted, make recommendations, concerning the <br />modification of impact fee requirements, including reductions or <br />waivers of fees and alternative methods of payment. The Committee, <br />however, may recommend that the existing impact fee program remain <br />with no change. The Committee's final recommendation will then be <br />included in the Local Housing Incentive Plan to be prepared by the <br />Committee for presentation to the local government. <br />• Impact Fees in Florida <br />In the State of Florida, a number of local governments, both cities <br />and counties, assess impact fees for new development or expansions <br />of existing development. According to the Florida Advisory Council <br />on Intergovernmental Relations (FACIR) 1991 Florida Impact' Fee <br />Report, Margate, Florida assessed the first impact fee in Florida <br />in December 1971. By 1991, 33 of Florida's 67 counties were <br />assessing at least one type of impact fee, and two other counties <br />were preparing to establish impact fees. Of the counties <br />surrounding Indian River -County, Brevard, St. Lucie, and Osceola <br />12 <br />MAY 189 1995 <br />