§ 62-923. Findings.

Based on information provided by the school board, the board of county commissioners makes the following findings and determinations:

(1)

Under established levels of service for educational facilities, the existing educational infrastructure is not adequate to accommodate students anticipated to reside in the county as a result of new residential development.

(2)

Existing revenue sources available for the construction of additional educational facilities are not sufficient to fund construction of the educational facilities necessary to accommodate the students anticipated to reside in new development.

(3)

New development should contribute its fair share of the costs of providing new educational facilities necessary to accommodate the students anticipated to reside in new development.

(4)

Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development.

(5)

The impact fees set forth in this division are not established at a rate to correct existing deficiencies.

(6)

The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs.

(7)

The impact fees will not fully pay for the costs of educational facilities necessitated by new development, and the school board and board of county commissioners recognize that the shortfall will have to come from other revenue sources.

(8)

The educational facilities impact fee benefit districts established in this division ensure that capital improvements to the educational system will benefit the development located within each district.

(9)

The board of county commissioners finds that residential communities where restrictions limiting the age of residents to 55 years of age and older have been legally recognized as having no impact on educational facilities and that, consequently, an educational facilities impact fee exemption should be established for such facilities.

(10)

The board of county commissioners finds that an educational facilities impact fee incentive for low income and very low income families under specific circumstances will implement the goal of providing affordable housing for low and very-low income homebuyers, as set forth in following criteria contained in policy 1.1 of the housing element in the Brevard County Comprehensive Plan:

a.

Ensure that homes purchased by low and very-low income homebuyers are brought up to Section 8 Housing Quality Standards or higher.

b.

Encourage mortgage lenders to invest mortgage dollars in housing for low and very-low income families.

c.

Encourage mortgage lenders to investigate and utilize existing programs, such as Fannie Mae, for low income homebuyers.

(11)

The board of county commissioners finds that formation of municipal-operated charter schools are one method of reducing school and classroom overcrowding and offsetting the high cost of educational facilities in Brevard County.

(Ord. No. 04-34, § 1, 8-10-04; Ord. No. 05-29, § 2, 7-12-05; Ord. No. 16-19, § 1, 10-4-16)