§ 29-101. Legislative findings.

In addition to the recitals set forth above, which are ratified and affirmed by the City Council, it is hereby ascertained, determined and declared by the City Council that:

(a)

Future growth represented by fire and rescue system impact construction should contribute its fair share to the cost of acquiring additional capital improvements for the City fire and rescue system that are required to accommodate the use of the fire and rescue system by such growth.

(b)

Implementation of an impact fee structure and formula to require future City fire and rescue system impact construction to contribute its fair share of the cost of the acquisition of capital improvements for the City fire and rescue system is an integral and vital element of the regulatory plan of growth management incorporated in the City's Comprehensive Plan.

(c)

The standards of service set forth in this article are hereby ratified, approved and adopted by the City and found to be in conformity with the Comprehensive Plan.

(d)

Fire and rescue system planning is an evolving process and the standard of service of the City fire and rescue system constitutes a projection of anticipated need for capital improvements based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the intent of the City Council that the standard of service for the City fire and rescue system and the fire and rescue system impact fee imposed in this article be reviewed and adjusted periodically to insure that the City fire and rescue system impact fees are imposed equitably and lawfully, based upon actual and anticipated growth at the time of their imposition.

(e)

The City fire and rescue system provides services for all citizens of the City and the presence of the City fire and rescue system enhances and benefits the health, safety, well being and general welfare of all citizens of the City. Therefore, the City fire and rescue system impact fee shall be imposed and collected from all fire and rescue system impact construction.

(f)

The existing City fire and rescue system and other improvements and additions, contemplated by the council and which are or will be funded by revenues other than impact fees, shall eliminate any deficiency between the existing City fire and rescue system and the established standard of service, and shall be sufficient for the needs of the existing population of the City. Therefore, the revenue derived from the fire and rescue system impact fee shall be utilized only for capital improvements for the City fire and rescue system which are necessitated by new construction.

(g)

This article is adopted pursuant to Article VIII, Section 1(g), Constitution of the State of Florida; Chapters 166 and 163, Florida Statutes; the City of Palm Coast Charter and other applicable law.

(h)

The recitals to this article are hereby ratified, adopted and incorporated into this section by this reference thereto as if fully set forth herein verbatim.

(Ord. No. 2002-33, § 3, 11-19-02)