§ 23-58. Findings and declarations.

(a)

The board of county commissioners finds that new development in the unincorporated area of the county requires additional governmental services and facilities, including specifically fire and rescue services provided by the county fire rescue department. It is the policy of the board, as set forth in the comprehensive plan, that new development should be permitted to occur only where an adequate level of governmental services and facilities, such as fire and rescue services, can be provided.

(b)

It is the policy of the board of county commissioners that new development should pay a portion of the overall capital costs related to the additional governmental services and facilities to accommodate that new development.

(c)

The purpose of this article is to ensure the provision of an adequate level of fire and rescue services throughout the unincorporated area of the county so that new development in the unincorporated area may occur in a manner consistent with the comprehensive plan.

(d)

It is the purpose of this article to require new development to bear a portion of the overall capital costs related to the additional fire and rescue services made necessary by such new development and to avoid paying those costs from the county's general fund.

(e)

The board of county commissioners hereby finds that impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays a portion of the capital costs of governmental services and facilities necessary to accommodate the new development.

(f)

The fire rescue department provides fire and rescue services on a countywide basis, as a countywide service, throughout the unincorporated area without regard to the location of or use of specific parcels of property. Because of this public policy the capital improvements that are funded with impact fee revenue cannot be restricted to the Battalion Districts (or similar zones or districts) which have been created by the fire chief for administrative purposes. The capital improvements funded by impact fees shall provide fire and rescue services to the new users within the unincorporated area of the county.

(g)

The provision of fire and rescue services is hereby deemed to be a governmental service to be provided on a uniform countywide basis. All new development creates an impact upon the cost of providing fire and rescue services. The cost of providing such services has been allocated according to the type of development which occurs based on the survey of prior calls for service.

(h)

The additional impact imposed by new development upon the capital costs of providing fire and rescue services occurs at the time that development of the property takes place.

(i)

The provisions of this article relating to adequate fire and rescue services in the county, the additional fire and rescue services needed for new development in the county, the capital costs relating to those additional fire and rescue services needed for new development in the county, and the impact fee for those capital costs are based upon and supported by the findings and recommendations contained within the impact fee study. The board of county commissioners hereby finds that the calculation of the impact fee in the impact fee study is based on the most recent and localized data, and approves and adopts the impact fee study.

(j)

Continuing to provide, at a minimum, the existing level of fire and rescue services within the county, which is the basis of calculated impact fees in the impact fee study, is essential to and in the best interests of the public health, safety, and general welfare of the citizens of the county.

(k)

It is the intent of the board of county commissioners that the impact fees imposed pursuant to this article be used to pay for those capital costs related to the additional fire and rescue services required for new development in the county.

(l)

Based on the impact fee study, the board of county commissioners hereby finds that there exists a reasonable relationship, or rational nexus, between the capital costs of providing fire and rescue services and the impact fees imposed on new development by this article.

(m)

The board of county commissioners hereby finds that there exists a reasonable relationship, or rational nexus, between the impact fees to be collected pursuant to this article and the expenditure of those funds on capital costs relating to fire and rescue services, as limited and restricted by this article.

(Ord. No. 99-11, § 3, 5-4-99; Ord. No. 2006-01 , § 1, 2-7-06; Ord. No. 2012-18 , § 3, 10-30-12; Ord. No. 2018-02 , § 1, 1-9-18)