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e \ <br /> o A non-charter county may adopt countywide ordinances that do not <br /> conflict with municipal ordinances . <br /> • The fiscal burden of providing countywide services must be borne by property <br /> owners in both the unincorporated and incorporated areas of the county . <br /> Compliance with State and Federal Constitutional Requirements <br /> • Local government impact fee programs must satisfy the " dual rational nexus test" <br /> by demonstrating that : <br /> o the need for capital facilities created by new development is proportionate <br /> to the amount of the fee charged ; and <br /> o the expenditure of impact fee funds creates a reasonable benefit to the new <br /> development paying the fees . <br /> • Compliance with the dual rational nexus test is achieved by : <br /> o using a methodology that establishes a proportionate need for capital <br /> facilities ; and <br /> o implementing an ordinance that contains safeguards and restrictions to <br /> guarantee reasonable benefit to the fee payer . <br /> Defensible Impact Fee Methodology <br /> • A local government impact fee program must be based on a study that documents : <br /> o the need for additional capital facility capacity created by new <br /> development ; <br /> o the cost of providing needed facilities ; <br /> o the new development ' s proportionate share of the costs ; and <br /> o the maximum amount per unit of development consistent with the <br /> proportionate share . <br /> • The County may , by policy , charge less than the maximum amount per unit of <br /> development . <br /> Level of Service ( LOS ) Standards <br /> • The County must establish LOS standards for each impact fee program area . <br /> • The County must apply the same LOS standard to both existing and new <br /> development . <br /> • An " existing deficiency " is created when a County establishes a LOS standard <br /> that is greater than the current LOS . <br /> • New development cannot be charged a rate designed to correct an existing <br /> deficiency . <br /> • To charge new development based on a LOS standard higher than what exists <br /> today , the County must have a financial plan (non - impact fee revenue sources ) to <br /> eliminate the existing deficiency within a reasonable amount of time ( generally <br /> five years or less) . The following example illustrates this concept . <br /> o The current parks acreage level of service is 4 acres per 1000 residents . <br /> Tindale -Oliver & Associates , Inc . Indian River County <br /> May 2005 I -4 Impact Fee Study <br />