§ 8.7-42. Legislative findings applicable to transportation impact fees.

In addition to the general findings contained in section 8.7-4 of this chapter, the board hereby specifically ascertains, determines and declares as follows:

A.

The county has a responsibility to provide and maintain certain roads in the county in both the unincorporated areas and within incorporated areas of the cities. Placing a fair share of the burden of the cost of providing the improvements and additions to the transportation network required by road impact construction within the municipal boundaries of the cities is hereby deemed to constitute a county purpose. Construction occurring within incorporated areas impacts the county road system and the state highway system within the county. In recognition of these findings, it is the intent of the board to impose the transportation impact fees on all road impact construction occurring within the county, including areas within the municipal boundaries of the cities.

B.

Development necessitated by the growth contemplated in the comprehensive plan and the road impact fee study will require improvements and additions to the county road system to accommodate the traffic generated by such growth and maintain the standards of service adopted by the county.

C.

Future growth, as represented by road impact construction, requires capacity additions to roads within the transportation network of the county. The provision of these growth-necessitated capacity additions to the state highway system and certain portions of the city street system directly benefits all residents of the county and is interrelated with the provision of growth-necessitated improvements to the county road system. In recognition of these findings and the interconnections between the various road systems, it is the intent of the board to impose the transportation impact fee on road impact construction occurring within the county and to utilize the proceeds to construct or acquire contemplated improvements and capacity additions to the transportation network.

D.

The required improvement and additions to the transportation network needed to accommodate existing traffic at the level of service adopted by the county shall be financed by revenue sources of the county other than transportation impact fees.

E.

The board expressly finds that improvements and additions to the transportation network provide a benefit to all road impact construction within the county in excess of the transportation impact fee.

F.

Implementation of the transportation impact fee to require road impact construction to contribute its fair share of the cost of required transportation capital improvements and additions is an integral and vital element of the regulatory plan of growth management incorporated in the comprehensive plan of the county.

G.

The purpose of this article is to require payment of transportation impact fees by those who engage in road impact construction and to provide for the cost of capital improvements and additions to the transportation network which are required to accommodate such growth. This article shall not be construed to permit the collection of transportation impact fees in excess of the amount reasonably anticipated to offset the demand on the transportation network generated by such road impact construction.

H.

This article shall not be construed to permit the expending or encumbering of any monies collected through transportation impact fees for the construction of improvements or additions to roads which are not contained within the transportation network.

I.

The imposition of a transportation impact fee is to provide a source of revenue to fund the construction or improvement of the transportation network necessitated by growth as delineated in the capital improvement element of the comprehensive plan.

(Ord. No. 18-048, § IV(4.02), 7-24-18)