§ 38.99 FINDS OF FACT, PURPOSE AND INTENT.
   It is ascertained, determined and declared that:
   (A)   Both existing development and development necessitated by the growth contemplated in the City’s Comprehensive Plan will require improvements and additions to fire-rescue facilities, general government facilities, law enforcement facilities, parks and recreation facilities, and the Multi-Modal Transportation System of the city to accommodate and maintain existing level of service standards.
   (B)   Future growth necessitating capital improvement impact projects should contribute its proportional and reasonable share of the cost of capacity-adding improvements and additions to fire-rescue facilities, general government facilities, law enforcement facilities, parks and recreation facilities, and the Multi-Modal Transportation System required to accommodate capital improvement demands generated by such growth as adopted in the City’s Comprehensive Plan.
   (C)   Implementation of a reasonable impact fee structure to require future capital improvement impact projects to contribute their proportionate share of the cost of required new capital improvement capacity is an integral and vital element of the regulatory plan of growth management incorporated in the City’s Comprehensive Plan.
   (D)   The projected capital improvements and additions to the Capital Improvement System of the City and the allocation of costs between those necessary to serve existing development and those required to accommodate new capital improvement impact projects, as presented to the City Commission in the study entitled “Impact Fee Study” dated December 22, 2021, are found to be in conformity with the City’s Comprehensive Plan.
   (E)   Capital improvement planning is an evolving process, and the capital improvements and additions to the fire-rescue facilities, general government facilities, law enforcement facilities, parks and recreation facilities, and the Multi-Modal Transportation System facilities identified upon the date of adoption of the ordinance from which this subchapter is derived constitute projections of growth patterns and improvements and additions based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns and the dynamic nature of population growth, it is the express intent of the City Commission that the identified improvements and additions to the Capital Improvement System be reviewed and adjusted periodically to ensure that the impact fees are imposed equitably and lawfully and are utilized effectively based upon actual and anticipated conditions at the time of their imposition.
   (F)   The purpose of this subchapter is to require payment of citywide impact fees by new capital improvement projects and to provide for the cost of capital improvements to the City’s Capital Improvement System, which are required to accommodate the additional demand caused by such capital improvement impact projects.
   (G)   The City Manager designates the Director of the Department of Development Services as the administrator of this subdivision.
   (H)   This subchapter shall not be construed to permit the collection of impact fees from capital improvement projects in excess of the amount reasonably anticipated to offset the proportional demand new growth will have on the City’s Capital Improvement Systems.
(Ord. O-2022-18, passed 9-21-22)