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PURPOSE AND INTENT § 1000.04 <br />CHAPTER 1000. PURPOSE AND INTENT <br />Sec. 1000.01. <br />Sec. 1000.02. <br />Sec. 1000.03. <br />Sec. 1000.04. <br />Sec. 1000.05. <br />Sec. 1000.06. <br />Sec. 1000.07. <br />Sec. 1000.08. <br />Sec. 1000.09. <br />Sec. 1000.10. <br />Sec. 1000.11. <br />Sec. 1000.12. <br />Sec. 1000.13. <br />Sec. 1000.14. <br />Sec. 1000.15. <br />Short title. <br />Authority. <br />Intent and purpose. <br />Findings. <br />Severability. <br />Imposition. <br />Exemptions and credits. <br />Computation. <br />Payment. <br />Trust funds. <br />Use of funds. <br />Donations in lieu of payment. <br />Review. <br />Appeals. <br />Refund of fees paid. <br />Section 1000.01. Short title. <br />Title X shall be known and may be cited as the <br />Indian River County Impact Fee Ordinance. <br />(Ord. No. 2005-015, 5-17-05) <br />Section 1000.02. Authority. <br />(1) The board of county commissioners has the <br />authority to adopt this title pursuant to Article <br />VIII, Florida Constitution, and F.S. chs. 125 and <br />163. <br />(2) Whenever any provision of this title refers <br />to or cites a section of Chapter 125 or Chapter <br />163, Florida Statutes, it shall be deemed to refer <br />to those sections, as amended. <br />(Ord. No. 2005-015, 5-17-05) <br />Section 1000.03. Intent and purpose. <br />(1) This title is intended to implement and be <br />consistent with the county comprehensive plan. <br />(2) The purpose of this title is to regulate the <br />use and development of land so as to ensure that <br />new development bears a proportionate share of <br />the cost of the capital expenditures necessary to <br />provide emergency services facilities, correctional <br />facilities, public buildings, law enforcement facil- <br />ities, library facilities, solid waste facilities, park <br />and recreation facilities, public education facili- <br />ties and traffic/transportation facilities in the <br />county. <br />(Ord. No. 2005-015, 5-17-05) <br />Supp. No. 107 <br />4 Section 1000.04. Findings. <br />The board of county commissioners makes the <br />following findings and determinations: <br />(1) The existing emergency services facilities; <br />correctional facilities; public buildings; law <br />enforcement facilities; library facilities; <br />solid waste facilities; park and recreation <br />facilities; public education facilities; and <br />traffic facilities are not sufficient to accom- <br />modate anticipated new development with- <br />out decreasing the existing levels of ser- <br />vice of those facilities. <br />(2) Measurable level of service standards used <br />for impact fee calculation purposes are <br />established in this ordinance for each of <br />the above listed public services. <br />(3) Existing revenue sources are not suffi- <br />cient to fund all capital improvements <br />necessary to accommodate new develop- <br />ment. <br />(4) New development creates an increased <br />need and demand for services and facili- <br />ties and therefore should contribute its <br />fair share of the costs of providing new <br />facilities necessary to accommodate new <br />development. <br />(5) Impact fees provide a reasonable method <br />of ensuring that new development pays <br />its fair share of the capital costs of public <br />services and facilities necessary to accom- <br />modate the new development and new <br />development will derive a substantial ben- <br />efit from facilities funded by impact fees. <br />(6) The revenue received from the impact <br />fees set forth in this chapter shall not be <br />used to correct existing deficiencies. <br />(7) The impact fees set forth in this chapter <br />establish a fair and conservative method <br />of assessing new development its fair share <br />costs for capacity producing capital im- <br />provements. The board approves and ac- <br />cepts the underlying studies as a reason- <br />able basis for the fees. <br />(8) The impact fees set forth in this title will <br />not fully pay for the costs of capital im- <br />provements necessitated by new develop - <br />1000/1 <br />ATTACHMENT 8 <br />18 <br />