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01/21/2014
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01/21/2014
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Last modified
3/29/2018 3:55:00 PM
Creation date
9/25/2015 5:37:41 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
01/22/2014
Meeting Body
Board of County Commissioners
Book and Page
239
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• <br />• <br />Indian River County 1 Impact Fee Update Study <br />Methodology <br />The methodology used to update the County's impact fee program is a consumption -based <br />impact fee methodology, which is used throughout Florida. A consumption -based impact <br />fee charges new development based upon the burden placed on services from each land <br />u se (demand). The demand component is measured in terms of population per unit of land <br />u se in the case of all impact fee program areas with the exception of educational facilities <br />and transportation. In the case educational facilities, studentgeneration rate is used and in <br />the case of transportation, vehicle -miles of travel is used:A`consumption-based impact fee <br />charges new growth the proportionate share of:Y <br />cost of providing additional <br />infrastructure available for use by new growth. In addition, perlegal requirements, a credit <br />is subtracted from the total cost to account -for contributionsv of the new development <br />toward any capacity expansion projects through other revenue sources , Contributions used <br />to calculate the credit component include estimates of future none act fee revenues <br />generated by the new development that will be used toward capacity expansion projects. <br />In other words, case law requires the new development should not be charged twice <br />for the same service. <br />Legal Standard Overview <br />In Florida, legal requirements related to impact fees have primarily been established <br />through case law since he 1980s Generally speaking, impact fees must comply with the <br />'dual rational nexus lest, which requiresthat.they. <br />we ti <br />• Be supported by a study demonstrating that the fees are proportionate in amount to <br />the need created by n new development paying the fee; and <br />• <br />• Be spent •ina manner that directs a proportionate benefit to new development, <br />oiTc <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 2006, the Florida legislature passed the "Florida Impact Fee Act," which recognized <br />impact fees as 'an outgrowth of home rule power of a local government to provide certain <br />services within its jurisdiction.' § 163.31801(2), Fla. Stat. The statute — concerned with <br />mostly procedural and methodological limitations — did not expressly allow or disallow any <br />particular public facility type from being funded with impact fees. The Act did specify <br />9 <br />Tindale -Oliver & Associates, Inc. <br />January 2014 <br />Indian River County <br />2 Impact Fee Update Study <br />
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