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2025-O-07 - Chapter 21 Amendments/ModificationsORDINANCE NO. 2025-0-07 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDINGIMODIFYING THE SCHEDULE OF IMPACT FEES RELATING TO CHAPTER 21 (LAND DEVELOPMENT CODE), ARTICLE XVII (DEVELOPMENTAMPACT FEES) OF THE CITY OF EDGEWATER CODE OF ORDINANCES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: I . New development increases demand on the City's public facilities and infrastnicture, necessitating additional capacity and irrivrovements to accommodate these needs. 2. It is the policy of t1jLQ :ity that new development should bear its fair share of the costs of -orovidina public infrastructure,, facility capacity, and system improvements to meet the demand generated by such development. -1-.3. On September 9, 2024, Council adopted Ordinance 2024-0-19 which was the most recent incorporation of annual modifications to various fees/costs, surcharges and administrative costs/fees relating to the Code of Ordinances, Land Development Code and various administrative costs/fees. 4_.______-1 ups&tant--Chaptcr 163.31801, F.S. Impact Fee Act") imposes specific requirements on the adoption, collection, and use of impact fees mu-n4eipalities-aft- perm 4e4-t&minef eftse4nipac-t-fees-by-Of dififfi-yele. 5. The proposed new stormwater impact fees recognize that the City has constructed and will continue to improve storinwater infrastructure to manage and control runoff, prevent floodin protect, water duality and preserve access toy -properties throk.ip-,hout the Sfrusk-�h passages are deleted. I Underlined passages are added. 2025-0-07 City, and that new development benefits from and places additional burdens on this infrastructure. 6. The City's water and sewer capital charizes are assessed as "connection fees" and f� - pursuant to Section 163.3 180 1 (12), F. S., the Florida IM'Oact Fee Act does not a-Wv to water and sewer connection fees. 3-.7. The Schedule of Impact Fees (which is attached hereto and incorporated herein as "Exhibit "A") related to Article XVII (Development/Impact Fees) of the Land Development Code is being modified to reflect changes pursuant to the-watersewer and stormwater impact fee studies Tmpai -t Fee -&tudy-conducted by -AW+ed-B,effe,,zh-ai-i4-C-on3j)-any-and-GovRates, Inc. and concluded in June -20-24202.-5, NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND/MODIFY THE SCHEDULE OF IMPACT FEES RELATING TO CHAPTER 21 (LAND DEVELOPMENT CODE), ARTICLE XVII (DEVELOPMENT/IMPACT FEES) OF THE CITY OF EDGEWATER CODE OF ORDINANCES The Schedule of Impact Fees related to Chapter 21 (Land Development Code); Article XVII (Development/Impact Fees) is amended pursuant to Exhibit "A", which is attached and incorporated herein, PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. Sk+iek4liFeug4i passages are deleted. 2 Underlined passages are added. NOWSZOVA If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE. The effective date of this Ordinance shall be 'The updated water and sg�wer La -L,-2,025w stormwater while the ne impact fees shall be effective -November 17, 2025. PASSED AND DULY ADOPTED this day of , 2AP-42025, Diezel DePew, Mayor ATTEST, Mo4ique T6upin, Interim Cly Clerk Passed on first reading on the 21 day of 6L� tf- REVIEWED AND APPROVED: Aaron R. Wolfe City Attorney &ai4-thfeut+ passages are deleted. Underlined passages are added. 2025-0-07 Exhibit "A" DEVELOPMENT/IMPACT FEE SCHEDULE ARTICLE XVII - DEVELOPMENT/IMPACT FEES 21- - Au , jly itinafvtrorThekDe&.get2Detern�ineAjgjpRc t Fees thor -2Lcity a —k t_ _ The City Manager or thein de _e signee has the authority to deterrriqiiLie �flie licableimvact fees for each i articular property based on the ado ted fee amounts, the intent of the Bees, and the customer's specific configurations or circumstances. 21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule Determination of the bond amount and the tree replacement contribution shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture. 21-311.05 - Payment in Lieu of Tree Replacement Payment shall be $5.00 per square inch of required mitigation in lieu of tree replacement. 21-325.01 - Water Capital Charges A water capital charge is hereby established at $9-.44,-Z2.57 per gallon of potable water capacity or $-1-,9,)04 ,605.00 (fouren-e thousand siac �e hundred Livetwedollars and 00/100) per equivalent residential unit (ERU). Those persons, corporations or entities who or which have entered into an agreement with the City providing credits against the water capacity charges shall be exempt from paying this water capital charge. 21-325.06 - System Design; Independent Engineers; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-325.08 - Inspection Fees All facilities proposed for transference to the City for ownership, operation and control shall be inspected to in-su-reensure all construction/installation was in accordance with approved designs, Standard Construction Details, etc. Inspection fees shall be borne by each developer with all costs being reirnbursed to the City as determined by the City's consulting engineer, 21-325.12 - Water Capital Charges for Consumers Outside City Limits ........ 1, passages are deleted. 4 Underl rled passages are added. 2025-0-07 All consumers located outside the corporate limits of the City shall be charged the applicable water capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. 21-327- --Sewer Capital Charges A sewer capital charge is hereby established at $244,622.97 per gallon of wastewater capacity or $4,460-685.00 (four thousand feur-six hundred sixty Lkye!g��ht 4��q-tw-�efive dollars and 00/100) per ERU. Those persons, corporations or entities who or which have entered into all agreement with the City providing credits against the sewer capacity charges shall be exempt from paying this sewer capital charge. Those properties in the southern end of the utility service area that will be connected to the sewer system of Volusia, County shall be charged the prevailing impact fees of Volusia County. For the purpose of calculating and imposing non-residential water and sewer capital charges, the ERU conversion ratios found in Table 21-888 may be utilized as a reference: TABLE 21-888 Conversion Ratios for WATER AND SEWER CAPITAL CHARGES ESTABLISHMENT UNIT ERU FACTOR Residential: Single-family detached per dwelling unit 1.0 Duplex per dwelling unit 1.0 Multi -family per dwelling unit 1.0 Mobile home per dwelling unit 1.0 Commercial: Shopping center & retail shopping per 1,000 sq.ft. gross 0.5 Office building (add food service & retail space) per 1,000 sq.ft. gross 0.4 Auditorium per seat 0.02 Laundry, self-service per machine 1.4 Barber/beauty shop per operating station 0.333 Bowling alley per lane 0.333 Theater per seat 0.02 Dinner theater per seat 0.1 Trailer Park (overnight) per space 0,833 Dentist's office per dentist 1.0 Stmek-thr-eaei passages are deleted. Underlined passages are added. 2025-0-07 Dentist's office per wet chair 0,667 Doctor's office per doctor 1.0 Hospital per bed 0.833 Nursing home per bed 0.5 Automotive service and/or detailing facility per bay LO Automotive care per wash bay 3.2 Automotive care per public restroom 1.5 Convenience store/self service gas pumps per public restroom 1.5 Industrial building (not including food service of industrial waste flows) Without showers per 1,000 sq.ft. 0.4 With showers per 1,000 sq.ft. 1.25 Hotel or motel (not including food service, banquet and meeting rooms, and laundries calculated separat ly) per room 0.5 Church per seat 0.02 Warehouse per 1,000 sq.ft. 0.75 Grocery store per 1,000 sq.ft, gross 0.75 Food service: Restaurant/cafeteria per seat 0.1 Restaurant (24 hours) per seat 0,185 Restaurant (fast food) per seat 0.1 Bar/cocktail, lounge per seat 0.1 Schools, middle & high per student 0.075 ISchools, elementary & nursery per student 0,033 21-327.06 - System Design; Independent Engineer; City's Engineer Fees for the City Engineer's review/comments on engineering plans relating to all system design shall be borne by each developer. Said developer shall pay all costs incurred for review and comments related to said review. 21-327.07 - Inspection Fees Stm4—thfeugh passages are deleted. 6 Underlined passages are added, 2025-0-07 All facilities proposed for transference to the City for ownership, operation-an4-ee*tFel-sha4- ins,peaed-te-insufe, and control shall be inspected to ensure all construction/installation was in accordance with approved designs, etc. Inspection fees shall be borne by each developer with all costs being reimbursed to the City as determined by the City's consulting engineer, 21-327.11 - Sewer Capital Charges for Consumers Outside City Limits All consumers located outside the corporate limits of the City shall be charged the applicable sewer capital charges required to be paid by all City residents along with a twenty-five percent (25%) surcharge as allowed by applicable State Statutes. 21- - StormwateirLrpRAgt Fe� A storniwater impact fee is hereby established at $210.00 (two hundred ten dollars and 00/100) er equivalent dwellinp, unit (EDU) for all residential establishments, The stormwater impact fee for commercial establishments is hereby established at $0.105 (ten -and -a -half centsl i)er square foot of it-nDervious area, with a minimum stormwater imt)act fee of $210. IndiA dual 1[MpA�asses §jmLn 1. Generally. a, If a feepaver believes the impact to the City's facilities caused by the fee aver's proposed impact -generating land development activity is less than the fee established in this schedule, the fee-oaver may undertake an individual assessment of its impact on public facilities before the issuance of the building_permit for tlae develo meat. b. The fee naver shall Dav all costs to develov the individual assessment pf inipact as well as 2. Methodology of individual assessment. a. If a feenaver elects to conduct an alternative impact fee assessment, the methodology for the assessment must be am)roved by the City Manager or their dcsig*pn=eebef6re the fe s of this section. b. The alternative impact. fee assessment should be based on the general methodology used in he ap licable impact fee sigdy. c. An alternative irrivact fee assessment may calculate the demand component for a proposed developMLnt in a different wayn the applicable plicable impact fee study o ted in _L p ado _ this chanter if the alternative impact fee assessment shows that the alternative -gVpLoach accurateljjeflects the devclopMiqrt"s impact cin facilities. d. The person who prepares an alternative irnract -fee calculation must assume that the inivact-fzenerating land development activity will have the maximum impact on the. ublic facility for the land use cate�ory contemplated under the imnact fee rate, e. The cost and credit coMponents for the alternative impact fee assessment must be those included in the applicable impact fee study, with adjustments for chang sadopted by the City Council to the fees calculated in the impact fee study. &Riek thfeugh passages are deleted. Underlined passages arc added. 2025-0-07 3. Individual assessment amfication. a. An aDDlication for an aftemativejMpact fee should be submitted to the City Mana qi - or -LLq--g- their designee and should include all calculations and sun ortinR information. b. The alternative -LrqpAct fee calculations should be consistent with the data, information, and assumptions contained in the applicable impact fee study. c. Use of indmendexit sources is allowed,�royided that: — The independent source is a source of en ineerimz or -olanninp, information that is ggqcIlac ce ted in the -field and is the most recent and localized data available; o — The independent source is i') a local study that is sa.�p portedby an adequate database for the conclusions contained in, the local study. ii) is pLrfornjed t,)Laprofessional engineer or planner - iii _uses agenerally accepted methodology of enjainceritig or latmina, and iv) uses the most recent and localized data available. 4. Review of Individual Assessment Application. a. Completeness Review. The Citv Manager or their designee will decide within ten business days of submission of an application whether: — The application for an alternative impact fee calculation is coipplete- and.. The calculations and methodology corn ly with the reguirements, of this section., b. If the City Mana er or their desifmee determines that the aID lication is not complete, they will send a written statement sped the deficiencies to the person who submitted the application. c. The application will be deerned complete if no deficiencies ari.�L) clfied by the Cites Manner or their designee. d. After verifying the applicant received the statement of deficiencies, the City Manager or their designee will take no, further action on the application until it is deemed complete. 5. Review of Fee Calculation. a. The City Manager or their designee will review coirlDlete ap Aications and render a written decision within 20 business days from the date tile aDOlication is deemed Clete on whether the impact fee should be modified and, if so, what the amount should be. b. If the Citv Manager or their designee determines that the data, inforrnation, and assumpjj2as.jised by the feepayer to calculate the alternative impact fee comply with the requirements of this section, the fccvayefshall ay the alternative impact fee in satisfaction of the impact fee reqi2ujiLrei�iients, of this section. c. If the Citv Manager or their designee determines that the data, information and assumptions used by the applicant to calculate the alternative impact fee do not sup -port an alternative fee amount, based on the requirements of this section, he City Mang ger or their designee will notify the feepa er and the person who submitted the application in writin 21- -ReAewofA,C4-U2RW2teI-�LOqSUM 11rh Ater,11 mekit oL�Yat�jr and Sewer mital molnar g es Followin avment of water and sewer capital char eLsjq ncludi a . Iternative capital charges, Y,y-jj Stfu,ek-thf(mgh passages are deleted. 8 Underlined passages are added. 2025-0-07 the City shall have the rip -ht to review the actual consumption of the establishment within 24 months followina initiation of service. If such actual consurnDtion reflects a -Yreater demand on the water and sewer facilities than the capacity paid for with the capital charges, the City shall have the right to increase the total anaojqunitLgofgNita1 charges collected from the applicant. 21-999.99 — Impact Fees; Other Tthan Those for Water,,,: -"-S ewer, and Stormwater Utilities All Development which intends to create or intensify usage shall pay for the impact on City services commensurate with the type of use proposed for the property. Charges for all uses shall align to the nearest equivalent use provided on Table 21-999. The City shall update the types of uses found on Table 21-999 from time to time. Those persons, corporations or entities who or which have entered into an agreement with the City providing credits against the impact fees for one or more City services shall be exempt from paying those certain impact fees. The City shall evaluate the impact of all uses in Table 21-999 on all City set -vices, including: a) Fire Rescue and Emergency Medical Support b) Law Enforcement c) General Government Buildings d) Parks and Recreation e) Multi -Modal Transportation "truer passages are deleted. Underlined passages are added. 2025-0-07 00 LL co 2 0 - r h` r r a „7 �f N Y1 tii /r f +; " : 4 /i f IAI C) CC,7 m tft T a rl- 69 NT T N Oft U') d" i`-• Gf* •- Liz M tri as N 4f5 6q 03 r- Lr) N tft N LU') U9� 477 d' a W Eft LO m (C7 U!)- LO "T 417 m r m' cfr It m CJ's It Uf, m m 3- U!)� M M CO m to 447 T 0 Eft 447 d' T d' Eft d' a LO tft a Na 'Ct U7 tF> d" N cia (D M 63 C{k N T V�- M d' N T Eft m 0 1`-a T t'f3' a N Eft m t1- a 1 Ef) LC7 fes- 67 I'd* Ef9 T a LO .- Eft 417 m N 0 6-J a m a 1 69 T Ln (C7 N Eft m m F- � tw- OD C7 M Eft 417 o M (1c,T CJs T L17 M ,,�. 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