§ 159.03. Findings and Declarations.

(A)

The City Council hereby finds that new development in the City requires additional governmental services and facilities, specifically including law enforcement services as provided by the Port St. Lucie Police Department. It is the policy of the City Council, as specified in the comprehensive plan, that new development should be permitted to occur only where an adequate level of service can be provided.

(B)

It is the policy of the Council that new development should pay a fair share of capital costs related to the additional governmental services and facilities required to accommodate that new development.

(C)

It is the purpose of this article to ensure the provision of an adequate level of service in law enforcement throughout the jurisdiction, so that new development may occur in a manner consistent with the comprehensive plan.

(D)

Under the provisions of this article, new development shall be required to pay a reasonable and fair portion of overall capital costs related to the additional law enforcement services made necessary by such new development, in order to avoid assessing those costs against the City's general fund. New development is not responsible for the public facility needs for existing development and impact fees will not be used to cure existing deficiencies resulting from existing development.

(E)

The Council hereby finds that impact fees provide a reasonable method of regulating new development in the City to ensure that such new development pays an appropriate share of capital costs of governmental services and facilities necessary to accommodate new development.

(F)

The City of Port St. Lucie Police Department provides law enforcement services on a City-wide basis, without regard to the location of or specific use of parcels of land. Because of this public policy, the capital equipment purchased with impact fees cannot be restricted to the patrol zones or sectors used by the Police Department in assigning personnel for patrol activities. It is, however, herein acknowledged that the Police Department shall have an affirmative duty to ensure that capital equipment purchased with impact fees benefits the payers of those fees. This duty shall require that all new development required to contribute impact fees shall receive patrol services from the Police Department, according to the Level of Service adopted herein.

(G)

The provision of law enforcement services is acknowledged to be a governmental service provided on a uniform City-wide basis. All new development, as defined herein, creates an impact upon the cost of providing law enforcement services.

(H)

Providing an adequate level of law enforcement services within the City is essential to and in the best interests of the public health, safety, and welfare of the citizens of Port St. Lucie.

(I)

It is the intent of the City Council that impact fees imposed pursuant to this article be used to pay for those capital costs related to the additional law enforcement services required for new development in Port St. Lucie.

(J)

New development creates an impact on the capital cost of providing law enforcement. The law enforcement impact fee allocates the capital cost of providing law enforcement facilities and capital equipment among various types of land uses and between new development and existing development according to an analysis of law enforcement needs as described in the "Impact Fee Update — City of Port St. Lucie, Florida" by TischlerBise, Fiscal, Economic & Planning Consultants dated April 12, 2013. The provisions of this article relate to adequate law enforcement service and facilities in Port St. Lucie, the law enforcement facilities and capital equipment needed for new development in Port St. Lucie, and the impact fee for those capital costs as based on and supported by the "Impact Fee Update — City of Port St. Lucie, Florida" by TischlerBise, Fiscal, Economic & Planning Consultants dated April 12, 2013.

(K)

The City Council, after consideration of the technical report and testimony from the public, hereby finds that there exists a rational nexus between the capital costs of providing law enforcement facilities and services and the impact fees imposed on new development by this article.

(L)

The City Council hereby finds that a rational nexus exists between the impact fees to be collected pursuant to this article, and the expenditure of these funds on capital costs induced by new growth, as limited and prescribed in this article.

(M)

The City Council hereby finds and declares that the impact fees imposed pursuant to this chapter comply with the requirements of F.S. § 163.31801. Specifically, the requirements of F.S. § 163.31801, are fulfilled as follows: the impact fees imposed herein are calculated based on the most recent and localized data, the established separate accounts and accounting procedures provide for appropriate accounting and reporting of impact fee collections and expenditures, the administrative charges that may be implemented will reflect actual costs to the City for the creation and maintenance of the impact fee system, notice was provided at least ninety (90) days prior to the effective date of any increased impact fees, and audits of the City performed pursuant to F.S. § 218.39, will include an affidavit from the chief financial officer of the City stating that the City has complied with F.S. § 163.31801.

(Ord. 89-134, passed 12-11-89; Am. Ord. 99-20, § 3, 4-26-99; Ord. No. 13-27, § 2, 5-28-13)