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 Polk County
 Code of Ordinances
 Chapter 8.7. IMPACT FEES
 Article VI. EDUCATIONAL SYSTEM IMPACT FEES

  § 8.7-62. Legislative findings applicable to educational system impact fees.  

Latest version.

  • 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 school board has adopted a resolution which requests the county to adopt an educational system impact fee which requires future residential construction to contribute its fair share of the cost of capital improvements and additions to the educational system which are necessary to accommodate the impact generated by such growth.

    B.

    The school board has determined that ad valorem tax revenue and other revenues will not be sufficient to provide the capital improvements and additions to the educational system which are necessary to accommodate such growth.

    C.

    Part II, Chapter 163, Florida Statutes, requires the county to adopt a comprehensive plan containing a capital improvements element which considers the need and location of public facilities which its areas of jurisdiction and the projected revenue source which will be utilized to fund these facilities.

    D.

    Pursuant to Section 1013.33, Florida Statutes, the School Board and the county are required to coordinate the planning of educational facilities with the planning of residential construction and the providing of other necessary services. Moreover, Section 1013.33(10), Florida Statutes, requires educational facilities to be consistent with the comprehensive plan.

    E.

    Implementation of the educational system impact fee to require residential construction to contribute its fair share of the cost of growth-necessitated capital improvements to the educational system promotes the general welfare of the citizens of Polk County. The provision of educational facilities which are adequate for the needs of growth is in the general welfare of all county residents and constitutes a public purpose.

    F.

    Implementation of the educational system impact fee to require residential construction to contribute its fair share of the cost of required capital improvements and additions is an integral and vital element of the regulatory plan of growth management of the county.

    G.

    The projected capital improvements to the educational system and the allocation of projected costs between those necessary to serve existing development and those required to accommodate the educational needs of future residential construction as presented in the educational system impact fee study have been approved and adopted by the county and such study is found to be consistent with the comprehensive plan of the county.

    H.

    It is anticipated that interlocal agreements will be entered into between the county, the school board and the cities to assist in the imposition and implementation of the educational system impact fee within all areas of the county. The interlocal agreements shall provide for the consistent collection and administration of the educational system impact fee throughout the county.

    I.

    The required improvements and additions to the educational system needed to eliminate any existing deficiencies shall be financed by revenue sources of the school board other than educational system impact fees.

    J.

    The board expressly finds that the improvements and additions to the educational system funded by the educational system impact fee provide a benefit to all residential construction in excess of the educational system impact fee.

    K.

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

    L.

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

(Ord. No. 18-048, § VI(6.02), 7-24-18)