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• <br />Indian River County 1 Impact Fee Update Study <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 />• Be supported by a study demonstrating that the fees are proportionate in amount to <br />the need created by new development paying the fee; and <br />• Be spent in a manner that directs a proportionate benefit to new development, <br />typically accomplished through a list of capacity -adding projects included in the <br />County's Capital Improvement Plan, Capital Improvement Element, or another <br />planning document/Master Plan. <br />In addition, one of the requirements of the 2006'FIorida ImpactlFee Act is that the studies <br />be based on most recent and localized data <br />This technical report has been prepared to support1legal'compliance with existing case law <br />.z°. e <br />and statutory requirements. Although>the Florida courts have yet to expressly address the <br />methodology underpinning the Affordable. 'Growth Strategy, this aspect of the report is <br />based on the long-standing legal standards deScribed in thisreport. The technical report <br />also documents the methodology components for- ;each:ofthe impact fee areas, including an <br />evaluation of the&inventory, service area Nievel of=service (L®S), cost, credit, and demand <br />components. Information supporting this analysis was obtained from the County and other <br />sources, as�nd sated. The report include results -for all program areas, with the exception <br />of educational facilities. Because the initial results have not yet been reviewed by the <br />India River County SchoolaBoari,;this section is not included in this report. <br />Three prima?factors affected the County's impact fee levels: <br />1 <br />• Since 2005,`theFCounty4built additional infrastructure and increased the capital asset <br />inventory significantly in most program areas. This results in an increased asset <br />value, which in turn, increases the impact fee. <br />• In most infrastructure areas, the County used or is still using other revenue sources <br />to supplement impact fees, such as optional sales tax revenues, ad valorem tax <br />revenues, and other revenues. Depending on the program area and the level of on- <br />going investment this results in an increase in the credit component for some <br />program areas, which in turn reduces the impact fee. In others, if the investment <br />was made in earlier years and are not projected to continue at the same levels, the <br />Tindale -Oliver & Associates, Inc. Indian River County <br />January 2014 <br />ES -2 Impact Fee Update Study <br />