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BOOK 95 PAE 123 <br />5. Physical Environment _ River/water management= <br />conservation land acquisition; <br />stormwater and drainage system <br />improvement; environmental <br />beautification and maintenance <br />6. Other Public -Facilities School construction, expansion <br />or upgrading; public <br />administrative buildings <br />construction, expansion or <br />upgrading <br />Each government which elects to assess impact fees must establish <br />through its local regulations the basis upon which it will <br />calculate and assess the fees. Unlike general zoning regulations, <br />which governments are authorized by the State to enact, no specific <br />impact fee enabling legislation has been enacted by the State of <br />Florida. Instead, the ability of local governments to assess <br />impact fees is based upon judicial case law. Through various <br />decisions, courts have determined that impact fees may be assessed <br />by local governments in order to fund facility expansion needed to <br />accommodate new growth, provided a rational and equitable manner is <br />used in assessing the fees. <br />As noted, facility expansions are based upon the need to meet the <br />demands of a growing community and to maintain a minimum level of <br />service desired by the community. The concept of a minimum level <br />of service is a principle incorporated in the State of Florida's <br />Comprehensive Planning Act. The Comprehensive Planning Act <br />requires each government in the state to adopt minimum levels of <br />service for various facilities. A level of service is an indicator <br />of the extent or degree of service provided by a facility based on <br />and related to the operational characteristics of the facility. <br />The level of service indicates the capacity per unit of demand for <br />a facility. Examples of level of service measurements are Average <br />Annual Daily Trips (AADTs) which measure vehicular traffic or <br />gallons per day (gpd) which measure water or sewer flows. <br />Under the Comprehensive Planning Act, communities are prohibited <br />from approving new development if the levels of service adopted for <br />their public facilities cannot be maintained. This requirement is <br />titled concurrency, as it effectively requires that the public <br />facilities necessary to serve new development be in-place <br />concurrent with the impacts of new development. <br />• Indian River County Growth <br />Indian River County, like other communities throughout Florida, has <br />experienced, and is continuing to experience, increases in growth. <br />Indian River County's growth in the early 1980s occurred at a fast <br />pace; however, with the 1990s, the County's growth rate has <br />declined. This is shown in the following table: <br />Indian River County Estimated Population and Annual Change <br />MAY 189 1995 <br />M M <br />M <br />Estimated <br />% Change Over <br />Year <br />Population <br />Previous Year <br />1980 <br />594,900 <br />---- <br />1981 <br />63,300 <br />+5.7 <br />1982 <br />67,200 <br />+6.2 <br />1983 <br />69,900 <br />+4.0 <br />1984 <br />721,800 <br />+4.1 <br />1985 <br />75,000 <br />+3.0 <br />1986 <br />77,700 <br />+3.6 <br />1987 <br />80,200 <br />+3.2 <br />1988 <br />83,700 <br />+4.3 <br />1989 <br />86,800 <br />+3.7 <br />1990 <br />90,200 <br />+3.9 <br />1991 <br />92,400 <br />+2.4 <br />1992 <br />94,100 <br />+1.8 <br />1993 <br />95,600 <br />+1.6 <br />14 <br />MAY 189 1995 <br />M M <br />M <br />