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Summary of Legal Requirements <br /> • Local government impact fee programs must satisfy the "dual rational nexus test. " <br /> • A non-charter county may adopt countywide ordinances that do not conflict with <br /> municipal ordinances . <br /> • The fiscal burden of providing countywide services should be borne by property <br /> owners in both the unincorporated and incorporated areas of the county . <br /> • A local government impact fee program must be based on a study reflecting capital <br /> facility needs . <br /> • The County must establish level of service (LOS) standards for each impact fee <br /> program area . <br /> • The County must evaluate the revenue credit that each unit of new development <br /> generates and could be used to fund new capital facilities (property tax, sales tax, <br /> etc . ) . <br /> • Impact fees are charged against future development that creates a measurable <br /> demand for new capital facilities . <br /> • Impact fee revenue must be deposited into segregated accounts to ensure that <br /> revenues will be expended for the provision of the capital facilities for which the fees <br /> are collected . <br /> • The determination of a proper benefit area depends on the background data and <br /> nature of the service being provided . <br /> • To ensure that developers pay no more than their proportionate share of capital costs, <br /> developer credits are typically provided for monetary contributions, land <br /> dedications, and construction provided by developers toward the provision of <br /> capital facilities for which impact fees are collected . <br /> • To survive judicial scrutiny of exemptions : <br /> o exempted land uses or project types must be clearly defined and <br /> consistent with the adopted Comprehensive Plan policies of the <br /> County ; and <br /> o the County must reimburse or, " rebate," exempted fees with revenues <br /> from non- impact fee revenue sources . <br /> • Typically, provisions for appeals of impact fee decisions made by staff, the <br /> County Administrator, and the BCC must be defined in the ordinance or through <br /> existing County procedures . <br /> Tindale -Oliver & Associates , Inc . Indian River County <br /> February 2005 I - 15 Impact Fee Study <br />