§ 47-38A.1. Findings and purpose.

(a)

The City Commission of the City of Fort Lauderdale finds and determines that growth and development activity within the city will create additional demand and need for parks, open space and recreational facilities within the city.

(b)

The city commission finds that growth and development activity should pay a proportionate share of the cost of such facilities needed to serve the growth and development activity.

(c)

The city commission finds that established case law authorizes cities to impose and collect impact fees to partially fund public facilities to accommodate new growth.

(d)

The city commission adopts this section to impose park impact fees for parks, open space and recreational facilities.

(e)

The city commission finds that the proposed amendment is consistent with and furthers the objectives and policies of the City of Fort Lauderdale Comprehensive Plan, Recreation and Open Space Element, as follows:

Objective 1.2: The city shall ensure that parks and recreation facilities meet the level of service standards established within the City of Fort Lauderdale's Recreation and Open Space Element.

Policy 1.2.1: To maintain the levels of service standards identified within the Recreation and Open Space Element of the City of Fort Lauderdale's Comprehensive Plan, the City shall determine whether adequate Parks and Recreation Facilities will be available when needed to serve proposed development.

Policy 1.2.2: Prior to site plan approval, the City of Fort Lauderdale shall ensure that Parks and Recreation Facilities necessary to meet the level of service standards established within the City of Fort Lauderdale's Comprehensive Plan will be available consistent with state concurrency requirements (Subsection 163.3180(2)(b) Florida Statutes and Subsection 9J-5.0055(3)(b), Florida Administrative Code). Site plan approval that is granted consistent with Subsection 9-J5.0055(3)(b) shall meet design standards of the City of Fort Lauderdale.

Policy 1.2.3: The City of Fort Lauderdale shall continue to review and revise, where necessary, its land development codes and regulations to ensure that all new development in the City of Fort Lauderdale meets the level of service standards established within the City of Fort Lauderdale's Comprehensive Plan.

Policy 1.2.4: In order to ensure that land development contributes a proportionate share of the cost of Parks and Recreation Facilities, the City of Fort Lauderdale shall continue to implement the improvement, dedication and impact fee requirements contained within the Code of Ordinances of the City of Fort Lauderdale's Unified Land Development Regulations.

(f)

The provisions of this section shall be liberally construed in order to carry out the purposes of the commission in establishing park impact fees.

(Ord. No. C-06-14, § 2, 6-20-06)