§ 159.204. Findings and Declarations.

(A)

The Council hereby finds that new development in the City requires additional governmental services and facilities, specifically including parks and recreation facilities.

(B)

It is the policy of the City that an adequate level of service in parks and recreation facilities will be provided throughout the City concurrent with the impacts of development, so that development will occur in a manner consistent with the Comprehensive Plan.

(C)

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

(D)

The Council, after consideration of the "Impact Fee Update — City of Port St. Lucie, Florida" by TischlerBise, Fiscal, Economic & Planning Consultants dated April 12, 2013, the City of Port St. Lucie Impact Fee Study-2005, such reports incorporated herein by reference, and the Park Program and the experience of the City and other similarly situated communities, hereby finds that impact fees provide a reasonable method of regulating development in the City so that new development pays a pro rata share of capital costs of governmental facilities necessary to accommodate new development.

(E)

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

(F)

Based on the "Impact Fee Update — City of Port St. Lucie, Florida" by TischlerBise, Fiscal, Economic & Planning Consultants dated April 12, 2013, the City of Port St. Lucie Impact Fee Study-2005 and the Park Program, the Council hereby finds that a rational nexus, relationship, and connection exists between the capital costs of park and recreation facilities improvements made necessary by development and the impact fees to be imposed on new development and collected, pursuant to this article, and between the expenditure of these funds on capital improvements induced by new growth and the benefit to the payers of fees.

(G)

New development creates an impact on the capital cost of providing parks and recreation facilities. The Park Program allocate the capital cost of providing parks and recreation facilities among various types of residential land uses and between new development and existing development according to an analysis of park and recreation facilities needs as described in the "Impact Fee Update — City of Port St. Lucie, Florida" by TischlerBise, Fiscal, Economic & Planning Consultants dated April 12, 2013 and the City of Port St. Lucie Impact Fee Study-2005.

(H)

The provisions of this article relate to adequate park and recreation facilities in Port St. Lucie, the parks and recreation facilities needed for new development in Port St. Lucie, and the impact fee for those capital costs are based on and supported by the City of Port St. Lucie Impact Fee Study-2005 and the Park Program.

(I)

Under the provisions of this article, development shall be required to pay a reasonable pro rata share of the capital costs related to the parks and recreation facilities made necessary by such new development. 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.

(J)

It is the policy of the City to provide parks and recreation facilities on a City-wide basis. The City has an affirmative duty to ensure that capital improvements paid for with impact fees will be those designated in the Park Program, as may be amended from time to time, determined to be of benefit to the payers of those fees. Therefore impact fees imposed pursuant to this article will be used to pay for those capital costs related to the parks and recreation facilities that will be required for and benefit development in Port St. Lucie. The City assumes responsibility for, and will pay from revenues other than impact fees, the costs of the park and recreation facility needs of existing development.

(Ord. No. 05-86, § 4, 6-20-05; Ord. No. 13-25, § 2, 5-28-13)