Laserfiche WebLink
RESOLUTION NO. 95-42 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA <br />LEGISLATURE IN SUPPORT OF PRESERVING COUNTY HOME <br />RULE AUTHORITY TO DEVELOP AND IMPOSE IMPACT FEES. <br />WHEREAS, Section (1) of Article VIII, Florida Constitution, as <br />implemented by Section 125.01, Florida Statutes, was intended to enlarge the <br />power of counties to govern themselves through home rule, and state <br />intervention in the area of impact fees would be inconsistent with this <br />important constitutional right; and <br />WHEREAS, in respect to the home rule principle, the authority of local <br />governments to impose impact fees has been firmly established in case law to <br />help fund the coot of providing facilities and services necessitated by <br />growth and development; and <br />WHEREAS, impact fee revenues are critical to finding local government <br />growth management plans, particularly in this critical transition period from <br />plan development to plan implementation; and <br />WHEREAS, impact fess are imposed to eneure that growth and development <br />pay its own way rather than having those costs shifted to current residents; <br />WHEREAS, impact fees are by their very nature do not lend themselves to <br />standardization and uniformity in design and application; and <br />WHEREAS, Indian River County findo its current and proposed impact fee <br />ordinance are effective and legally sustainable without benefit of <br />state -imposed requirements and conditions; and <br />WHEREAS, Indian River County has developed and implemented local impact <br />fee ordinances for roads, parka, utilities, etc. <br />WHEREAS, impact fee legislation would likely generate additional rounds <br />of costly litigation to defend both existing and future ordinances; and <br />WHEREAS, state -imposed impact fee regulations could force local <br />governments to raise property taxes to pay for facilities and services <br />demanded by the ever-growing numbers of new reeldente and presently funded <br />through impact fees; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida <br />Legislature and the Governor of the State of Florida to preserve the - full and <br />tty <br />S11YT1 r., <br />• <br />L L.a tt r• <br />