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 Baker County
 Code of Ordinances
 Chapter 22. IMPACT FEES
 Article III. PUBLIC SCHOOL IMPACT FEE

  § 22-52. Findings.  

Latest version.

  • The board of county commissioners makes the following findings in support of the creation of this article and the adoption and imposition of school impact fees hereunder:

    (1)

    New development and growth in the county can add to and help maintain the quality of life in the county under a balanced growth management program.

    (2)

    Effective growth management is promoted when adequate public facilities are available to serve new growth coincident with the impacts of that growth.

    (3)

    The school board of the county is constituted as a separate school district and the school board is empowered by law to operate, control and supervise all public schools in the district.

    (4)

    The school board is required under F.S. ch. 1013 to coordinate school site planning and selection with local governing bodies to ensure that plans for construction and opening of public educational facilities are coordinated in time and place with plans for residential development.

    (5)

    F.S. § 1013.33(10) requires public educational facilities to be consistent with the county's comprehensive plan adopted under F.S. ch. 163, pt. II.

    (6)

    It is expected that the county will experience considerable residential growth over the next 25 years.

    (7)

    In order to maintain adequate levels of service, the school board must expand the capacity of the public school system to accommodate new residential development in the district, which expansion is necessary to protect the public health, safety and welfare of the residents of the county.

    (8)

    Pursuant to F.S. §§ 380.012 and 163.3202, counties are encouraged to adopt innovative land development regulations which include, among other provisions, impact fees such as the school impact fee imposed under this article.

    (9)

    The imposition of a school impact fee is a preferred method of ensuring that new development bears its fair share of the capital costs of additional educational facilities which are necessary to accommodate such new development after consideration of other available sources of funding.

    (10)

    The implementation of a school impact fee that requires new residential development to contribute its fair share of the cost of capital facilities for the public educational system necessitated by growth caused by such development serves as a useful tool to ensure that educational capacity keeps up with increased demand caused by new residential development and thereby promotes the general welfare of all county residents.

    (11)

    The provision of public educational facilities which are adequate for the needs of growth caused by new residential development promotes the general welfare of all county residents and constitutes a public purpose.

    (12)

    In connection with its study of impact fees as they relate to public schools in the county, the school board engaged Urbanomics, Inc. (the consulting firm) to prepare an analysis of projected population growth, the impacts of growth on public education facilities in the county, an analysis of the types of residential development and their impacts on the school system, sources available to finance new facilities to accommodate growth and the net amounts needed to finance such facilities. The consulting firm issued its school impact fee technical report dated May 9, 2005 (the impact fee study).

    (13)

    The school board has caused the impact fee study to be completed and submitted to the board of county commissioners.

    (14)

    As set forth in the impact fee study, the school board has determined that ad valorem tax revenue and other revenues will not be sufficient to finance the capital facilities for the public educational system which are necessary to accommodate new residential development.

    (15)

    The school board has adopted a resolution in which it has requested that the board of county commissioners adopt an ordinance imposing a school impact fee on new residential development by which such new residential development will contribute a portion of its fair share of the cost of additional capital facilities which are necessary to accommodate such new residential development.

    (16)

    As demonstrated by the impact fee study, the proposed school impact fees imposed on dwelling units in the county will not exceed the financial impact of such new units on the county's public education system.

    (17)

    All proceeds of school impact fees will be used exclusively for the purpose of meeting the additional capital requirements on the school system imposed by the dwelling units that are the subject of such school impact fees.

    (18)

    The board of county commissioners received evidence from the school board as to the need for a school impact fee and the school board has requested that the board of county commissioners impose impact fees. In addition, the school board provided the board with a proposed impact fee schedule which the board of county commissioners finds to be justified and appropriate.

    (19)

    The amount of school impact fees imposed by this article does not exceed the cost of providing capital facilities necessitated by new residential development and this article dedicates the proceeds of such school impact fees to the acquisition and construction of capital facilities reasonably benefiting the new residential development subject to such fees.

    (20)

    The board of county commissioners, based on the findings set forth above and after public hearings before it and the school board, hereby finds that the imposition of the school impact fees as set forth in this article will promote the health, safety and welfare of the residents of the county.

(Ord. No. 2005-69, § 2, 12-6-2005)