§ 23-87. Intent and purpose.

(a)

The BCC has determined and recognized through adoption of the Orange County Comprehensive Plan 2010—2030 Destination 2030 ("Comprehensive Plan") and subsequent updates that new growth and development in the county will necessitate extensive improvements to the transportation network system. To finance the necessary new capital improvements, several methods of financing will be employed, one of which is the imposition of a regulatory impact fee on new growth and development which does not exceed a pro rata share of the reasonably anticipated costs of growth-necessitated transportation network system expansion and improvements.

(b)

Implementing a regulatory scheme that requires new development to pay a transportation impact fee that does not exceed a pro rata share of the reasonably anticipated expansion costs of new transportation improvements needed to serve new growth and development is necessary to implement the Transportation Element of the Comprehensive Plan, as adopted and amended under Chapter 163, pt. II, Florida Statutes, and is in the best interest of the health, safety, and welfare of the citizens of the county.

(c)

The purpose of this article is to enable the county to allow growth and development to proceed in the county in compliance with the adopted Comprehensive Plan, and to regulate growth and development so as to require growth and development to share in the burdens of growth by paying its pro rata share for the reasonably anticipated costs of major transportation network system improvements.

(d)

It is not the purpose of this article to collect fees from growth and development in excess of the cost of the reasonably anticipated improvements to the major transportation network system needed to serve the new growth and development. The BCC hereby finds that this article has approached the problem of determining the transportation impact fee in a conservative and reasonable manner. This article will only partially recoup the governmental expenditures associated with growth. Under this article, existing residents also share in paying the cost of needed improvements to the transportation system.

(e)

Absent an alternative impact agreement pursuant to section 23-93, and subject to any credit available pursuant to section 23-95 and applicable Florida law, it shall be the policy of the county to collect the impact fees assessed by this article in lieu of any off-site transportation improvements.

(Ord. No. 2012-22 , § 2, 11-13-12; Ord. No. 2013-05 , §§ 1, 2, 2-12-13)