§ 56-3. Legislative findings.

It is hereby ascertained, determined and declared:

(a)

Pursuant to Article VIII, Section 1, Florida Constitution, and F.S. §§ 125.01 and 125.66, the Columbia County Board of County 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.

(b)

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.

(c)

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.

(d)

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.

(e)

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.

(f)

Based upon the studies prepared by government services group entitled "Columbia County Emergency Medical Services Impact Fee Study" dated May 2007, "Columbia County Fire Protection Impact Fee Study" dated May 2007, "Columbia County Correctional Facilities Impact Fee Study" dated May 2007, and "Columbia County Road Impact Fee Study" dated March 2007, the board now desires to adopt a comprehensive impact fee ordinance, including provisions for the imposition of emergency medical system impact fees, fire protection impact fees, correctional facilities impact fees and road impact fees.

(g)

F.S. § 125.045 recognizes the importance of economic development to the counties of the State of Florida and declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the counties of the state. Further, pursuant to Article VII, Section 3 of the State Constitution and F.S. § 196.1995, counties may exempt up to 100 percent of the assessed value of all improvements to real property made by or for the use of new businesses or the expansion of an existing business from ad valorem taxation.

(h)

The county has held the required referendum pursuant to Article VII, Section 3 of the State Constitution and F.S. § 196.1995, and is authorized to approve economic development ad valorem tax exemptions for new businesses or the expansion of an existing business within the county.

(i)

Because the imposition of impact fees herein may place the county in a non-competitive position with other states and local governments that have chosen not to require growth to pay its fair share of needed capital facilities and thus hinder efforts by the county and the community to encourage economic development opportunities within the county and to create permanent employment expansion opportunities for the county's citizens, the board wishes to also provide herein for the creation of an economic development impact fee incentive program for new businesses or the expansion of an existing business to mitigate any real or perceived disadvantage occurring from the imposition of impact fees.

(j)

Capital facilities planning is an evolving process and the level of service adopted by the county for such capital facilities constitutes a balancing of anticipated need and the corresponding cost to implement such standard, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, the needs of the community and the dynamics of capital facilities planning, it is the intent of the board that the level of service and the cost of the various capital facilities be reviewed and adjusted periodically, pursuant to section 56-149, to insure that the impact fees imposed pursuant to this article are equitable and lawful based on the impact of growth upon these capital facilities.

(k)

The costs of the impact fee components relating to construction, land and equipment costs vary with the market for such components such that the actual costs of construction of the capital facilities for which impact fees are imposed often exceeds the costs considered in the impact fee study for calculation of the impact fee rates. Therefore, in recognition of the varying costs of impact fee components over time, the board intends to apply an annual index to the impact fee rates for the years between the periodic impact fee updates pursuant to section 56-149 to insure that the impact fees imposed pursuant to this article reflect the current costs of construction, land and equipment for the applicable capital facilities.

(l)

The Construction Cost Index published by the Engineering News Record reflects changes in construction costs, such as steel, cement and lumber and other elements relevant to cost adjustments for the construction of capital facilities. The annual index applied in accordance with this article will be based on the annual percentage change in the Construction Cost Index published by the Engineering News Record.

(m)

The board has determined that the adoption of a comprehensive impact fee ordinance and the implementation of impact fees for emergency medical system, fire protection, correctional facilities, and roads are in the best interests of the citizens of Columbia County, Florida.

(n)

The 2008-2009 economic downturn has resulted in increased foreclosures, business closings and a decline in new construction projects within the county. A decline in construction projects within the county impacts all local industries that are dependent upon growth, such as construction, manufacturing and real estate. A decrease in the number of building permits issued by the county also adversely impacts the county's budget. Growth of the county's tax base is dependent upon new construction, redevelopment and increasing property values. In this economic climate the collection of emergency medical services, fire protection, correctional facilities and roads impact fees, as established pursuant to this article, may place the county in a noncompetitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities and thus hinder efforts by the county and the community to encourage economic development opportunities within the county, to preserve and create permanent employment expansion opportunities for the county's citizens, and expand the county's tax base. Therefore the board wishes to establish the economic recovery and incentive program providing for suspension of the county's emergency medical services, fire protection, correctional facilities and roads impact fees in order to allow time for the national, state and local economy to recover and to stimulate local development, preserve jobs in the construction industry and expand the county's tax base.

(Ord. No. 2007-40, § 1.03, 10-18-2007; Ord. No. 2011-16, § 1, 7-21-2011)