§ 56-202. Findings.  


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

    (a)

    The school board adopted a resolution on August 28, 2007 which requests the county to adopt an educational system impact fee ordinance which requires future residential construction to contribute its fair share of the cost of capital improvements and additions to the educational system which are necessary to accommodate such growth.

    (b)

    The school board has determined that ad valorem tax revenue and other revenues will not be sufficient to provide the capital improvements and additions to the educational system which are necessary to accommodate such growth.

    (c)

    Part II of Chapter 163, Florida Statutes, requires the county to adopt a comprehensive plan containing a capital improvements element which considers the need and location of public facilities within its areas of jurisdiction and the projected revenue source which will be utilized to fund these facilities.

    (d)

    Pursuant to F.S. § 1013.33, the school board and the county are required to coordinate the planning of educational facilities with the planning of residential construction and the providing of other necessary services. Moreover, F.S. § 1013.33(10), requires educational facilities to be consistent with the comprehensive plan.

    (e)

    The implementation of an educational system impact fee to require future growth to contribute its fair share of the cost of growth necessitated capital improvements to the educational system promotes the general welfare of the citizens of Columbia County. The provision of educational facilities which are adequate for the needs of growth is in the general welfare of all county residents and constitutes a public purpose.

    (f)

    The implementation of an educational system impact fee to require future growth to contribute its fair share of the cost of required capital improvements and additions is an integral and vital element of the regulatory plan of growth management in the county.

    (g)

    It is anticipated that interlocal agreements will be entered into between the county, the school board and the permitting municipalities to assist in the imposition and implementation of the educational system impact fee within all areas of the county. The interlocal agreements shall provide for the consistent collection and administration of the educational system impact fee throughout the county.

    (h)

    The required improvements and additions to the educational system needed to eliminate any existing deficiencies shall be financed by revenue sources of the school board other than educational system impact fees.

    (i)

    The data set forth in the impact fee study which was employed in the calculation of the impact fee rates imposed herein is the most recent and localized data available to the school board.

    (j)

    The administrative fee set forth in herein and in any applicable interlocal agreements for collection of the educational system impact fee constitutes the actual costs for collection of the educational system impact fee including the actual costs related to the administration and the collection process.

    (k)

    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 and school board's budgets. Growth of the county and school board's tax bases is dependent upon new construction, redevelopment and increasing property values. In this economic climate the collection of educational system impact fees, as established pursuant to this division, 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 improvements to the educational system 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 and school board's tax bases. Therefore the board wishes to establish the economic recovery and incentive program providing for suspension of the county's educational facilities 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 and school board's tax bases.

(Ord. No. 2007-41, § 1.02, 10-18-2007; Ord. No. 2011-15, § 1, 7-21-2011)