§ 47-3. Legislative findings.  


Latest version.
  • 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 Levy 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 and Nabors, Giblin and Nickerson, P.A. entitled "Levy County Parks and Recreation Facilities Impact Fee Study" dated October 2005 and "Levy County Emergency Medical Services Impact Fee Study" dated July 2005, the study prepared by Duncan Associates entitled "Impact Fee Study for Roads and Fire Rescue Facilities" dated May 2014, the board now desires to adopt an amended comprehensive impact fee ordinance, including provisions for the imposition of park impact fees, emergency medical system impact fees, fire protection impact fees, and road impact fees.

    (g)

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

    (h)

    The data set forth in the impact fee studies which were employed in the calculation of the impact fee rates imposed herein is the most recent and localized data available for the county at the time the studies were developed. Based upon subsequent cost trends, existing levels of service in the county, and the county's current funding abilities, the board determines that the data set forth in studies is still relevant and valid for purposes of the impact fees and results in a conservative rate to ensure that capital facilities impact construction is not paying more than its fair share of the costs of providing the necessary improvements and additions that are necessitated by growth.

    (i)

    The administrative fees set forth herein constitute the county's actual costs for collection of the impact fees including the actual costs related to the administration and the collection process.

(Ord. No. 05-08, § 1.03, 11-17-2005; Ord. No. 2016-01 , Art. 3, 2-16-2016)