§ 70-173. Legislative findings.

The county council of Volusia County makes the following findings of legislative fact:

(1)

Article IX, Section 1, of the Florida Constitution requires that adequate provision be made by law for a uniform, efficient, safe, secure and high quality system of free public schools that allow students to obtain a high quality education. It also provides that adequate provision be made for specific class size requirements.

(2)

Volusia County is constituted as a separate school district, and the school board is empowered by law to operate, control, and supervise all free public schools in the district.

(3)

The school board is required under F.S. ch. 1013, to coordinate school site planning and selection with the county's comprehensive plan.

(4)

F.S. § 1013.33, requires the coordination of planning between school board and the county council to ensure that plans for public educational facilities are facilitated and coordinated in time and place with plans for residential development concurrently with other necessary public services.

(5)

In order to maintain current levels of service the district school system must expand the capacity of the system if new development in the district is to be accommodated. This expansion of capacity must be done in order to promote and protect the public health, safety and welfare of the residents of Volusia County.

(6)

Under F.S. §§ 380.012 and 163.3202, counties are encouraged to adopt innovative land development regulations which include, among other provisions, impact fees such as the impact fee imposed under this article.

(7)

The imposition of an impact fee is one of the preferred methods of ensuring that new development bears a proportionate share of the capital costs of educational facilities which are necessary to accommodate new development. This must be done in order to promote and protect the public health, safety and welfare.

(Ord. No. 97-7, § V, 5-15-97; Ord. No. 2005-01, § III, 2-24-05; Ord. No. 2008-04, § I, 2-21-08)