§ 19-3. Legislative findings.  


Latest version.
  • It is hereby ascertained, determined and declared:

    (1)

    Pursuant to Article VlUU, section 1, Florida Constitution, and F.S. §§ 125.01 and 125.66, the county board commissioners has all powers of local self-government to perform county functions and render county services and facilities except when prohibited by law, including the authority to adopt and impose impact fees through a county ordinance.

    (2)

    F.S. § 163.3202(3) encourages the use of innovative land development regulations, including the use of impact fees, to implement the goals, objectives and policies of a county's comprehensive plan.

    (3)

    Future growth represented by capital facilities impact construction should contribute its fair share to the cost of improvements and additions to the capital facilities that are required to accommodate the use of such facilities by growth.

    (4)

    The required improvements and additions to the capital facilities needed to accommodate existing development at the adopted level of service shall be financed by revenue sources other than impact fees.

    (5)

    Implementation of an impact fee structure to require future capital facilities impact construction to contribute its fair share of the cost of improvements and additions to capital facilities is an integral and vital element of the management of growth.

    (6)

    Based upon the studies prepared by Government Services Group entitled Jefferson County Fire Impact Fee Study, dated April 2005, Jefferson County Emergency Medical Services Impact Fee Study, dated April 2005, Jefferson County Transportation Impact Fee Study, dated November 2007, and Jefferson County Law Enforcement Impact Fee Study, dated December 2007, the board now desires to adopt a comprehensive impact fee ordinance, including provisions for the imposition of fire rescue impact fees, emergency medical system impact fees, road impact fees, and law enforcement impact fees.

    (7)

    The county adopted the Fire Rescue and Emergency Medical Services Impact Fee Ordinance, Ordinance No. 2005-01, as amended (the "original ordinance"). The original ordinance established and imposed impact fees for fire rescue and emergency medical system capital facilities within the county. Pursuant to such ordinance, the county is imposing impact fees for roads and law enforcement capital facilities. In order to provide administrative convenience, the county is hereby amending and restating the original ordinance together with the provisions imposing the road and law enforcement impact fees to establish uniform procedures for the administration and collection of all the county's impact fee programs.

    (8)

    Furthermore, the Florida Impact Fee Act, F.S. § 163.31801, which took effect in 2006, imposes additional requirements on the adoption of impact fees and requires the board to make certain modifications herein to the original ordinance.

    (9)

    The board has determined that the adoption of a comprehensive impact fee ordinance and the implementation of impact fees for fire rescue, the emergency medical system, roads, and law enforcement are in the best interests of the citizens of the county.

(Ord. No. 02-21-08-01, § 1.03, 2-21-2008)