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• Delaying the effective date allows developments already in the pipeline to *mow <br /> complete their application and get their building permit prior to paying the new <br /> impact fees . <br /> • Delaying the effective date results in lost impact fee revenue from development <br /> that occurs during the delay time period . <br /> Applicability of Impact Fees on Future Development <br /> • Impact fees will be charged against future development that creates a measurable <br /> demand for new capital facilities and for which no building permit has been <br /> issued prior to the effective date of the ordinance . <br /> • Impact fees will not be charged against existing development (e . g . , home resales) <br /> or future development that does not create a new demand for capital facilities . <br /> • Examples of new development that will not pay an impact fee include : <br /> o developments where building permits have been issued prior to the <br /> effective date of the impact fee ordinance ; <br /> o developments that document no creation of a measurable demand for new <br /> capital facilities ; and <br /> o developments that are deed-restricted residential communities restricted to <br /> adults only (excluded from paying a Public Education Impact Fee) . <br /> • Impact fees for capital facilities that are provided by the County within only the <br /> unincorporated areas of the county must be charged against development within <br /> only the unincorporated areas of the county . <br /> • Impact fees for capital facilities that are provided by the County within both the <br /> unincorporated and incorporated areas (i . e . , "countywide ") must be charged <br /> against development within both the unincorporated and incorporated areas of the <br /> county . <br /> • The Florida Supreme Court has held that those who benefit from the provision of <br /> County facilities must share the burden of providing those facilities so that the <br /> burdens of one group are not passed disproportionately to another group . <br /> • Countywide impact fees must be spent in a manner that reasonably benefits those <br /> in incorporated and unincorporated areas . <br /> Intergovernmental Coordination and Countywide Administration <br /> • Interlocal Agreements among the County, municipalities, and the School Board <br /> must be developed and adopted prior to the effective date of the impact fee <br /> ordinance to address the : <br /> o collection of countywide impact fees within incorporated areas of the <br /> county; <br /> o administrative costs borne by municipalities collecting impact fees for the <br /> County ; <br /> o municipal reporting requirements concerning the collection and transmittal <br /> of impact fee revenues ; and <br /> o development of annual capital improvement programs to expend the fees . <br /> Tindale-Oliver & Associates , Inc . Indian River County <br /> February 2005 I -6 Impact Fee Study <br />