This article shall become applicable to development within the boundaries of a fire district when the following events occur.
(A) A study and analysis shall be prepared by the fire district as a fire capital facilities mitigation analysis.
(B) Each district which requests that the Board adopt a fire mitigation fee shall hold a public hearing. After considering testimony, the district may approve the study and find that the new development in the fire district will generate additional fire service need and will contribute to the degradation of fire services in the district. The district shall present to the Board facts and evidence which establish a reasonable relationship between the need for the described public facilities and the impacts of new development, and that there is a reasonable relationship between the use of the fee and the type of development for which the fee is charged.
(C) The governing body of a fire district shall adopt a resolution making the following findings:
(1) The district does not have existing adequate fire protection facilities and equipment which could be used to provide an appropriate level of service to new development within the district’s boundaries, as documented in a capital facilities and equipment plan;
(2) The district does not have sufficient funds available to construct additional facilities from fund balances, capital facility funds, property tax sources or any other appropriate sources;
(3) The lack of fire protection facilities and equipment to serve a new development would create a situation perilous to the public health and safety; and
(4) The fire mitigation fee is necessary because other development fees charged by the district do not include payment toward the costs of the capital facility and equipment expansion necessitated by new construction.
(1966 Code, § 15C-9) (Ord. 639, § 1(part))