§ 1101. Legislative Findings, Reliance on the Impact Fee Study, and Intent

A.

The Board of County Commissioners of Manatee County hereby finds that the document titled "Manatee County 2015 Impact Fee Update" prepared by TischlerBise, and dated December 3, 2015, is based upon the most recent and localized data and relies upon said document in the adoption of this chapter.

B.

This chapter is intended to implement and be consistent with the Manatee County Comprehensive Plan and is intended to be consistent with Section 163.31801, Florida Statutes, (the "Florida Impact Fee Act").

C.

It is the further intent of this chapter that new development pay for its fair share of the cost of County Capital Facilities required to accommodate new development through the imposition of Impact Fees that will be used to finance, defray or reimburse all or a portion of the costs incurred by the County to construct or acquire Improvements for County Capital Facilities to accommodate that new development.

D.

It is also the intent of this chapter to be consistent with the principles for allocating a fair share of the cost of new County Capital Facilities to new users as established by the Florida Supreme Court and the District Courts of Appeal of Florida in the case of Contractors and Builders Association of Pinellas County v. City of Dunedin, 329 So.2d 314 (Fla., 1976), and other cases. This is accomplished by ensuring new development bears a proportionate share of the cost for Improvements to County Capital Facilities; ensuring such proportionate share does not exceed the cost incurred by the County for Improvements to accommodate new development; and ensuring that new development will receive sufficient benefit from the funds collected in the form of Improvements for such County Capital Facilities.

E.

It is further the intent of this chapter to establish a system for the efficient and coordinated administration of Impact Fees authorized by this chapter, including the consistent administration of payments, expenditures, appeals, credits, refunds and reviews of independent impact analysis.

F.

It is not the intent of this chapter to collect any Impact Fees from any new development in excess of the actual amount necessary to offset new demands for County Capital Facilities.

G.

It is not the intent of this chapter that any monies collected from any Impact Fees deposited in an Impact Fee Account ever be commingled with monies from a different Impact Fee Account, or ever be used for a type of County Capital Facility or equipment different from that for which the Fees are paid, or ever be used to replace or rehabilitate existing Improvements for County Capital Facilities.

H.

The "whereas clauses" and findings set forth in Ordinance No. 15-43 are hereby adopted as legislative findings.

( Ord. No. 15-43, § 4(Exh. B), 12-3-15 ; Ord. No. 17-24 , § 3(Exh. A), 12-7-17)