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 Palatka
 Code of Ordinances
 Chapter 54. PLANNING
 Article IV. IMPACT FEES
 Division 1. GENERALLY

  § 54-113. Legislative findings.  

Latest version.

  • It is hereby ascertained, determined and declared:

    (a)

    Pursuant to Article VIII, Section 2(b), Florida Constitution, and sections F.S. §§ 166.021 and 166.041, the city commission of the City of Palatka has all powers of local self-government to perform municipal functions and render municipal services and facilities except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of city ordinances.

    (b)

    Future growth, as represented by capital facilities impact construction, should contribute its fair share to the cost of improvements and additions to the capital facilities that are required to accommodate the impact generated by such growth.

    (c)

    Implementation of impact fees to require future capital facilities impact construction to contribute its fair share of the cost of required improvements and additions to capital facilities is an integral and vital element of the regulatory plan of growth management incorporated in the comprehensive plan of the city.

    (d)

    The required improvements and additions to the capital facilities needed to eliminate any deficiencies shall be financed by revenue sources of the city other than impact fees.

    (e)

    [Reserved.]

    (f)

    Based upon the studies entitled "City of Palatka Parks and Recreation Facilities Impact Fee Study" prepared by Government Services Group, Inc. dated May, 2007, "City of Palatka Fire Rescue Impact Fee Study" prepared by Government Services Group, Inc. dated May, 2007, "City of Palatka Transportation Impact Fee Study" prepared by Government Services Group, Inc. and ARCADIS dated May, 2007, "City of Palatka Law Enforcement Impact Fee Study" prepared by Government Services Group, Inc. dated November, 2006, and "City of Palatka, Florida, Water and Wastewater Impact Fee Study" prepared by Public Resources Management Group, Inc. dated February, 2007, the city commission now desires to adopt a comprehensive impact fee ordinance, including provisions for the imposition of park impact fees, fire rescue impact fees, road impact fees, law enforcement impact fees, water impact fees and sewer impact fees.

    (g)

    The data set forth in the impact fee studies, which was employed in the calculation of the impact fee rates to be imposed in conformance with this article, is the most recent and localized data available for the applicable capital facilities as of the date of each impact fee study.

    (h)

    This article shall not be construed to permit the collection of impact fees from capital facilities impact construction in excess of the amount reasonably anticipated to offset the need for and demand on those capital facilities generated by such capital facilities impact construction.

    (i)

    The commission has determined that the adoption of a comprehensive impact fee ordinance and the implementation of impact fees for parks and recreational facilities, fire rescue, roads, law enforcement, water and sewer is in the best interests of the citizens of the City of Palatka, Florida.

    (j)

    The 2008 economic downturn resulted in increased foreclosures, business closings and a decline in new construction projects within the city. A decline in construction projects within the city impacts all local industries that are dependent upon growth, such as construction, manufacturing and real estate. A decrease in the number of building permits issued by the city also adversely impacts the city's budget growth of the city's tax base is dependent upon new construction, redevelopment and increasing property values. In this economic climate the collection of parks and recreation, fire rescue, roads and law enforcement impact fees, as established pursuant to this ordinance, may place the city in a non-competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities and thus hinder efforts by the city and the community to encourage economic development opportunities within the city, to preserve and create permanent employment expansion opportunities for the city's citizens, and expand the city's tax base. Therefore the city commission wishes to continue the 2008 Economic Recovery and Incentive Program, as created by Ordinance No. 08-20, adopted on December, 18, 2008, and extended by Ordinance 11-07 adopted April 14, 2011, through December 31, 2013, extended again by Ordinance No. 2014-01 adopted January 9, 2014, through May 31, 2014, and extended again by Ordinance No. 2014-12 adopted May 24, 2014, through December 31, 2015, and extended again by Ordinance No. 2016-01 adopted January 28, 2016, through December 31, 2017, providing for suspension of the city's parks and recreation, fire rescue, roads and law enforcement impact fees for a period not to exceed two years (24 months) in order to allow time for the local economy to recover and to stimulate local development, preserve jobs in the construction industry and expand the city's tax base.

(Ord. No. 07-23, § 1.03, 12-17-2007; Ord. No. 08-20, § 1, 12-18-2008; Ord. No. 11-07, § 1, 4-14-2011; Ord. No. 14-01 , § 1, 1-9-2014; Ord. No. 14-12 , § 1, 5-24-2014; Ord. No. 16-01 , § 1, 1-28-2016; Ord. No. 17-28, § 1, 12-14-2017 )