§ 23-178. Findings and declarations.

(a)

The board of county commissioners finds that new residential development in the unincorporated area of Orange County requires additional parks and recreation facilities as operated by the parks and recreation division. It is the policy of the board, as set forth in the comprehensive plan, that such new development should be permitted to occur only where an adequate level of parks and recreation facilities can be provided.

(b)

It is the policy of the board of county commissioners that new residential development in the unincorporated area should pay a portion of the overall capital costs related to the additional parks and recreation facilities to accommodate such new development.

(c)

A purpose of this article is to ensure the provision of an adequate level of parks and recreation facilities throughout the unincorporated area so that new residential development in the unincorporated area may occur in a manner consistent with the level of service.

(d)

A purpose of this article is to require new residential development in the unincorporated area to bear a portion of the overall capital costs related to parks and recreation facilities made necessary by such new development.

(e)

The board of county commissioners finds that impact fees provide a reasonable method of regulating new residential development in the unincorporated area to ensure that such new development pays a portion of the capital costs of parks and recreation facilities necessary to accommodate such new development.

(f)

The parks and recreation division operates parks and recreation facilities throughout the unincorporated area, without regard to the location of residential development. Because of this public policy, the capital improvements that are funded with impact fee revenue cannot and will not be restricted to zones or districts created for administrative purposes. The capital improvements funded by impact fees shall provide parks and recreation facilities to serve new development within the unincorporated area.

(g)

The provision of parks and recreation facilities is deemed to be a governmental service to be provided on a uniform basis throughout the unincorporated area. All new residential development creates an impact upon the cost of providing parks and recreation facilities. The cost of providing such parks and recreation facilities has been allocated according to the type of residential development.

(h)

The additional impact imposed by new residential development upon the capital costs of providing parks and recreation facilities occurs at the time that development of the property takes place.

(i)

The provisions of this article relating to adequate parks and recreation facilities in the unincorporated area, the additional parks and recreation facilities needed for new residential development in the unincorporated area, the capital costs relating to those additional parks and recreation facilities needed for new residential development in the unincorporated area, and the impact fees for those capital costs, are based upon, consistent with, and supported by the findings contained within the impact fee study.

(j)

The board of county commissioners approves and adopts the impact fee study, which is based on the most recent and localized data.

(k)

The level of service documented in the impact fee study for parks and recreation facilities within the unincorporated area is consistent with the adopted level of service standards included in the Recreation Element of the Comprehensive Plan and is essential to and in the best interests of the public health, safety, and general welfare of the citizens of the county.

(l)

The following measures of level of service for parks and recreation facilities are consistent with the adopted level of service standards included in the Recreation Element of the Comprehensive Plan and are established for the sole purpose of determining the amount of the impact fees indicated in section 23-180:

(1)

Activity-based park: One and one-half (1.5) acres/one thousand (1,000) unincorporated population;

(2)

Resource-based park: Six (6) acres/one thousand (1,000) unincorporated population.

For the purpose of determining the amount of the impact fees indicated in section 23-180, the benefit to the impact fee payer is calculated as the total capital asset value of the parks and recreation facilities, which is defined in the impact fee study as land cost and facility and equipment cost. Those assets include lands, facilities and equipment as further defined in the impact fee study.

(m)

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 additional parks and recreation facilities required for new residential development in the unincorporated area.

(n)

Based on the impact fee study, the board of county commissioners finds that a reasonable relationship, or rational nexus, exists between the capital costs of providing parks and recreation facilities and the impact fees imposed on new residential development in the unincorporated area by this article.

(o)

The board of county commissioners finds that a reasonable relationship, or rational nexus, exists between the impact fees to be collected pursuant to this article and the expenditure of those funds on capital improvements relating to parks and recreation facilities in the unincorporated area, as limited and restricted by this article.

(Ord. No. 2006-03 , § 1, 2-7-06; Ord. No. 2012-17 , § 1, 10-30-12; Ord. No. 2018-03 , § 1, 1-9-18)