2012-141A - Laserfiche WebLink

Home Browse Search

for services which are already unavailable in many areas of the county, while in other areas, services and facilities operate below capacity because of the dispersed development pattern." Indian River County 2030 Comprehensive Plan, Future Land Use Element, Urban Sprawl Section, page 121 . This section, and other sections of the 2030 Comprehensive Plan relating to urban service areas, are attached as Composite Exhibit B . Against this background, the question is whether a municipality should have the unilateral right to extend municipal services into the unincorporated area of the county — even if that area is outside the urban service area. The answer is that it should not. The above discussion should amply demonstrate that the county has important interests at stake, both inside and outside of the urban service area. Outside of the urban service area, the county has an interest in preventing the many problems that accompany urban sprawl, and in preserving agricultural and rural areas — essentially, in preserving the goals, policies and objectives of its comprehensive plan. If a municipality has the unilateral right to extend utilities into the unincorporated county — even if the area of expansion is outside of the urban service area — these interests are at risk . The extension of utilities into an undeveloped area will lead to the distinct possibility of increased development in that area, and that possibility alone is enough to impact the county' s interests . It is noted that we are not talking about an annexation by the municipality, in which case the municipality would take on responsibility for all other public services. We are talking about an extension of municipal utilities outside of the municipality into the unincorporated area, which leaves the county with the responsibility of providing other public services (e. g. , police, fire, emergency, etc) to the area. Ultimately, the question is not whether the municipality should be authorized to extend utility services into the unincorporated county outside the urban services area. The question is whether the municipality should have the unilateral right to do so — or, stated differently, whether the decision should be the unilateral decision of the municipality or the joint decision of the municipality and the county. Because the county has many important interests at stake, as outlined above, the answer is clear that a joint decision will best serve the public interest.