2003-O-15
)
'-'
.."""
t
ORDINANCE NO. 2003-0-15
AN ORDINANCE OF THE CITY OF EDGEW ATER,
FLORIDA; AMENDING CHAPTER 21, (LAND
DEVELOPMENT CODE) BY REPEALING ARTICLE XVII
(LAW ENFORCEMENT) AND RESTATING ARTICLE XVII
(DEVELOPMENT/IMPACT FEES); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development ofland in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, on March 19, 2001, City Council adopted Ordinance #2001-0-01 which
modified Chapter 21 by enacting Article XVI (Fire & Hazard Prevention) which authorized the
collection of Fire Impact Fees; and
WHEREAS, on July 2, 2001, City Council adopted Ordinance #2001-0-47 which modified
Chapter 21 by enacting Article XVII (Law Enforcement) which authorized the collection of police
impact fees; and
WHEREAS, on May 5,2003, City Council adopted Ordinance #2003-0-03 which corrected
outstanding scrivener's errors and issues in an effort to provide consistency with the Land
Development Code and Comprehensive Plan; and
WHEREAS, Staff has reviewed various development/impact fees and recommends that
Shtick tlnongh passages are deleted.
Underlined passages are added.
2003-0-15
.
""
"'-'
Article xvn (Law Enforcement) be restated to reflect all Development/Impact Fees and consolidate
all fees and charges related to construction and development into one Article of the Land
Development Code.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater,
Florida:
PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
REPEALING ARTICLE XVII (LAW ENFORCEMENT) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended by repealing Article XVII (Law Enforcement).
Chapter 21, Article XVII (Law Enforcement) is repealed as follows:
ARTICLE XVII
LA ""V ENFORCEMENT
SECTION 21-318 - POLICE Il\fPACT FEES
21-310.01 - Intent, Purpose, Dasis ........................................................................... XVII-1
21-310.02 - Imposition of Pees ................................................................................ XVII-1
21- 310.03 - Ji' ces ....................................................................................................... X\'II-1
21-J 10.04 - In-Kind Contributions, Rdnsal of Adjnstmcnt, COvClumts ................. XVU-2
21-J 1 0.05 - Re v icvv of Ji' ces ...................................... ...... ......................................... X\'II-2
21-J 1 O.OG - Tr tIst Fnlld .. ..................... ..................................................................... X\'U-J
21-JlO.07 - Collection, Administrc'ttive Ji'ees &. Use ofJi'nnds ................................ XVU-J
21- J 10.08 - Refnnd .................................................................................................. )(\'11-4
21-J 1 0.09 - Cl edits .................................................................................................. )(\'11-5
. ~t~'II 6
21-310.10 - lJxeluptrons ........................................................................................... v-
21-J 10.11 Appeals...................... ........................................................................... X~v'II -G
21-J10.12 - Lien, \Vithho1dilli5 ofPellnits f01 Non-Payment .................................. XVII-G
21-J 1 0.1 J - Violations Relief .... ............. ................................................................. XVU- 7
ShtIck tm6tlgh passages are deleted.
Underlined passages are added.
2003-0-15
2
~
'W'
......,
ARTICLE XVII
LA Vi ENFORCEl\fENT
SECTION 21-310 - POLICE IMPACT FEES
21-310.01 -Intent, PUlpose, Basis
a. This Section is intended to impkment a1ld be consistent with the Cit, of EdgeI;'\> atCl' s
CompI ehensi v e Plan.
b. The pmpose of this Section is to cnSt1Ie that new development pays a fail shale of the
antieipltted costs of equipnlent and facilities neeessMy to plO v ide police pIoteetion foI ncl;'\>
de v dopmcut.
c. This Section is bascd ttpon a study by the Edgel;'\>atcI Police Department of the a11tieip<ttcd
gIowth in the City of Edge I;'\> lttel and the equipment and faeilitie,s lleee,ssMy to sel ve the,
anticiplttGd glol;'\>th.
d. The intent ofthe City CounGil is to peliodieally lev ise this Section to adjust thG feG seheduk
to IGfleet Gha1lges in grovvth pltttems in thG Cit, ofEdgevvlttel and eqtlipment and facilities
neeessMy to pIO v ide police ploteetion for ne I;'\> de v elopment.
21-310.02 - Imposition of Fees
a. Arry peIson who seeks to develop land by applying fOI the issuance of a building pelIllit fOl
one of the land use typGS specified helcin shall be ICquiIed to p~ a Police impae,t fee, in the
man11e,1 and anlount set fOl th in this Section.
b. No building pClmit fOl any land use type,s specified helein shall be issued by the City ullkss
the lequiled impact fces have been paid. The a1TIotmt ofinlpaet fees lequiled Me 5et forth
in the 5cheduk contained herein.
e. 'vVben change of use, 1 ede v dopment, 01 modifiGation of an existing use 1 equiI GS the, issuance
of a building peIluit, the impaGt fees shall be based upon the net inel case in the impact fce
fOl thG lle w use as conlpa1 ed to the pI C v ious use.
21-310.03 - Fees
The a1llouut of impaGt fces imposed undel &i5 Section shall be detelmined by the folIo vv ing
schedule.
Stltlck tlnotlgh passages are deleted.
Underlined passages are added.
2003-0-15
3
~
....,
II ~ITY OF EDGE"llATER POLICE COST SCHEDULE I
Land Use I Denlooment II Functional I~
ffitit Bnit
Single-Pamily/Detaehed '" D vv elling b+6 $88.68 $129,47
S ingk-:r amily / Attached D vv elling t:B8- $88.68 $ 95.77
Dnpkx/Apartnlellt/ D ~ elling &99- $88.68 $ 86.02
Condomininm
Mobile Home or R/V Pa1k Pad Site &8B $88.68 $ 70.94
Hotel/Motel Room Hi- $88.68 $195.98
Retail/Conlillcr eial 1,0001lq.ft. 3-:Z5 $88.68 $288.21
o ffi ec/ul1lti tntional 1,0001lq.ft. +:% $88.68 $17J.81
u1dn1ltIialrN Mehon~e 1 ^^^ " t:+6 $88.68 $102.87
~,vvv "'..I.H.
'" T 1 1 '" 1 1 1
I VU 'HUS'" 'V.o.>.
21-310.04 - In-Kind ContIibutions, Refusal of Adjustment, Conn ants
a. tlldependcnt ea1culenion1l for eredit1l ful in-kind contribntion1l madc after the effective dene
ofthe ordinance from ~hieh thi~ Section derive1l ~hall be 1Ittbmitted to and approved by the
City MMIager prior to effecting the eontribntion.
b. The City MMIager'1I action in adjusting or rcfn~illg to adjn1lt the irnpact fec pt1111nant to an
independent eaknleniol1 ~hall bc in vvriting and mn1lt be tran1lmittcd by certified mail to the
fee p<ryeI.
c. The Cit)' Manager'1I action in adjn1lting or rcfn~ing to adjnst the impact fce pnr~nant to MI
independent ea1cnlenion shall be in ~ riting MId mn~t be ttan1lnlitted by eel tified mail to the
fee payer.
d. The City Manager ~hall rcqnire then a cOvenant mnning ~ith the land be exeented and
recorded on the ~nbjeet property ~ here. the independent ca1cnlenion is based on a n1le ofland
having a 1c1lscr impact thMI that ttpon ~hieh the sehedn1c is based, as applicable, the property
conld be pnt to a n1le having a greener impact than that prop01led vvith 1Inch n~e not rcqniring
fntme apprOval by the Cit)', or fur 1Itleh otherlCasons ncec~M1)' to en~me compliance ~ith
this Section. The COvenMtl 1Iha11 hold the fee ~imp1c interc~t in thc land and mortgage as
appropriate. The COvenant ~hallrceite thi1l Section MId the fact1l and reasons nudcrlyil1g it~
StI tick tIn otlgh passages are deleted.
Underlined passages are added.
2003-0-15
4
'-"
...."
execution. It shall set f6Ith the lcstIictions on the ploperty and the tCInlS and conditions
undel which it may bc lelcased.
21-318.8S - Rel ie-n of Fees
a. Undel this Section, the schedule of each inlpaet fee shall be ICvie~ed 1rt least once each
every othel yeat to ttpd1rte cost, eledits and gener1rtionlMes. V.11ele the levie~ ~atlatlts
change to impact fees, this Section shall be atnended.
b. Each leview shall inelude atl atla1ysis of the level of sehice fOl each impact fe-Co If the
~~l~~... level ofsel.vice is not eonsistGllt ~ith the level ofsel vice ttpon ~hieh the lespeeti ve
~~~~~.fce atTIount IS based, the atnount shall be adjusted based ttpon the then-existing level
of ser v ICe.
21-318.86 - Tl ust Fund
The Police inlpact fee shall bc deposited in a Police impact fce trnst fund. The tInst fund
shall be invested by the City in intelest beating SOUlees and all income delived shall aceItle to the
tmst fund. The funds shall be used only fOl capital implo v enlcnt costs fur ~hieh the inlpaet fee ~as
levied atId which vvou1d add capacity needed to sehe ne~ development. The City Managel shall
~~~~~~ in the City' s atInna1 budget the design1rtcd capital implo v emcnts f61 ~ hieh the I'oliee impact
fee vv ill be spent. The funds shall remain lesttieted t6 the Police tl ust fund and the rcquilelllents of
this Section. The City Matlagcr shall enstl1e that these design1rtcd funds ate expendcd atId accounted
for in aceOl datIce ~ ith the pr 0 v isions of this Section. The City shall maintain such tceor ds and
doeumcnt1rtiOll necessary to allo vv the effeeti v e andit of the use of the Police impact fces.
21-318.87 - Collection, AdminbtI Atin Fees And Use of Funds
a. The fee payer shall pay the Police impact fee to the City fur deposit into the Police impact
fee tInst fund prior to the issuance of a building permit ~hieh may be requiled for
development listed in the schedule contained in Section 21-J 1 O.OJ. No building pelmit may
be issued tmti1 such fees have been paid or tm1:i1 the City has accepted title to land alea
meeting the statldatds set out in this Scetion. Por 1atld nsesllot rcquiring a building permit,
an alteIll1rtive development oldel shall not be granted until the impact fees have been paid.
b. In lien of all or part of the impact fees, City Council may accept the offcl by a fee payer to
dedicate land and/or cOllstInet all or part of a La~ EnforeGment plojeet. Such eOllstltlGtion
must be in accordance with st1rte, county atId city design standrods applicable to the pi oj cet.
The fce payer shall submit a ploject deseliption in sufficiGnt detail to a11o~ the ptcpatMion
of an GngineeI1ng atld eonstI nction cost cstimatG.
e. If the City Council accepts such Offel, the City Matlagel shall elcdit the cost of this
Shnck tl'l1(')ugh passages are deleted.
Underlined passages are added.
2003-0-15
5
~
....",
~~~~t~ llL'~t!~~~ ~galnst the Polke impact K:;e othel ~ ise dne. The portion of the fce 1 epl esented
~! tl~~ !aelhtles e~nstI tleted shall be deemed paid \'\i hen the coust! tletion is completcd and
~~,~c~~~~.by the CIty 01 \'\ihen the fee p~el. posts seemit, M plovidcd in snbseetion (d) of
~l~. S~~I~n fOI the costs of sneh eonstttlet!on. The portion of the fee ICPleswted by land
dedlG<tll0n shall be dcemed paid when the title to the land dcdieatcd wr that pmpose hM
bew aeeeptcd by the Cit,.
d. Sccmit, in the fOlIn of a pGIfOlmanCe bond or eSGIOw ag,leement shall be posted with and
made p~ablc to the City in an atnomlt approved by the City Managel eCJual to one llt1lldled
ten percent (110%) of the full cost of stich eoust!tlction. If eonstI uetion of the project is not
to be completed "ithin one yeat of the acceptance of the offGI b, the City, the amount of
seem it) shall be increMed b, ten pel cent (10%) eompotmded, fm each yeat oHhe lifG ofthc
seemity. The seem it) shall be levie\'\ied and apploved by the Cit, Matlagcr's office plior
to acceptance of the seemit)' by City Conncil.
e. No impact fee is IGquired wr the issnance of any building pellnit fOI lesidential use \'\ihieh
docs not I esnIt in atl additional Ii v ing nnit.
f. All funds eollccted pmSnatlt to this Section shall be plomptly tIatlsfGlIed WI dcposits into
the Police tt tl~t fmId. I:mpaet fce colleGtion~ shall be nscd exdnsi v dy fOl land acqnisition,
capital imprOvements, pmehMes 01 expatlsion Idated to the pttblie pmpose WI \'\ihieh stleh
fees \'\iele collected, \'\iith the exception of impact fee administIative costs pmsnant to
patag,laph (g) bdo\'\i. fmlds shall be expendcd in the oldel in \'\ihieh the) ate eolleetcd.
g. The City shall be entitled to Ietain up to rom peleent (4%) oHhe impact fees collected as an
administtati v e fce to offset the costs of administeIing this Section.
h. Any impact fees that ate paid by check, dlaft 01 othel negotiable in~tItlment, that do not
elea1, the building pelluit 01 devdopment oldel iltlthmiz:ing the devdopment WI which the
impact fee wM paid shall be suspended and the City shall send the appropriate suspwsion
notice to the fee pit)'eI by certified mail. If the impact fee, togcthel \'\i ith atl) ehatg,es for
fnnds not deating, ate not paid within ten (10) bnsiness dit)'s wllovv ing mailing oHhe notice,
the bnilding peIluit or devd6pment oIdcl shall be OfllO fill thel force atld effcet rol pmposes
of this A1'ticle atld a stop \'\iork order shall bc isstled and remain in effect tlntilstldl timc M
the impact fee is paid atld the fmlds clear.
21-316.68 - Rdund
a. If a bnilding pGImit cxpite and no eonstl nctiou hM bcen commenced, the fee pit)'er shall be
entitled to a refnnd of the impact fce paid as a condition fOl its issuance, less the rom pel cent
(4%) of the fee IGtaincd as an administrative fee by the City, thelefole, the fce pit)'el shall
be entitled to a lefnnd cqnal to ninety-six pelccnt (96%) ofthe impact fee paid. No intelest
Shuck tll10ngh passages are deleted.
Underlined passages are added.
2003-0-15
6
..."
.....,
~~ be ~~!~ ~~ th~ ~e paye,I on Iefnnd~ dne, to nOll-eommwcemwt. Refund~ Ie~tl1ting nom
City'~ lllisealetllation ~hallnot be, ehMged the admini~ttative fee on the amotlnt lefundcd.
b.
No 1 dtllld ~hall be, gi v en f61 a ehcmge in land tl~e, or ~t1 tlCttlI e aftel oeettpancy hM OCGtlll cd.
C.
trz :~:~ ~~~~ ~x~~~d~d 01 enGmubele,d by the end of the ealcndM qtlartCI immediately
~~~l~~i~!g ~~x ~6) yeM~ Hom t~e date the impaGt fee vvM paid ~hall, ttpon application ofthc
~~ ~a!:~ ~,tHlln one ~dted GIghty (180) day~ ofthat date, be rettlInGd to the ke payeI ~ ith
mteIGst at the rate Of~IX pelcent (6%) pCl anntlm.
21-310.09 - Cledit~
a.
~ a:f~~I~cMlt ~hall be entitled to a CIedit again~t the Police impact fee~ M~e~~ed ptll~tlallt to
~:i~ ~~G:~ll i~~ ana M1l0mlt cqtlal to thG eo~t of impI 0 v cmCllt~ ~ hieh eI eate exee~~ capacity
~~!~~~~ ~~neral ptlbl~e 01 eOl'rtl.ibntion~ to the. Ci.ty of land, money.' .faGilitie~, eqtlipment 01
~:I~I()(:,~ ~y the applIcant 01 hI~ predeee~~or In IntCle~t M a condItIon of M!y development
agteement entelCd into ~ith the City. Sneh credit ~hall be, ba~ed on the follo~ing eliteria.
1. The aGttlal eo~t, 01 estimated eo~t bMed on reewt bid sheet inf6rlllation o[the City
ofDdge~ateI 01 Voltl~ia ComIty, of off-site improvement~. Implovemcnts eligible
f6r a eledit Me those impIo vement~ plopo~ed that ~ ill benefit not only the d~ellings
ol1-~ite, bnt al~o the genelal pnblie. ImplovemCllts not eligible fer a Grcdit Me those
faeilitie~ that Me pri vatdy 0 ~ ned 01 that ~cr ve only the d vv dlings vv ithin the
de v dopnlcnt.
2. The aettIal GO~t 01 e~timatcd co~t of implovemcnts bMed on recent bid sheet
in:tOlluation o[the City ofDdgevvateI 01 \Toltl~ia Connty ~ith re~peet to that pOltion
of on-site implovemcnts vvhieh CIeates exce~s capacity roI the gweral ptlblic.
J. The eontribtltion ofland, money, facilities, eqtlipment or ~er vice~ by the applicant
fOt implovement~ to the City's Police DepMlment ~hieh eICatc~ exce~~ Gapacity :tOl
the gellCIal pttblie. Sel v ices llltl~t Idate directly to the plO v ision of land, faGilities
01 eqnipment. The cledit fOIland eonttibtltcd vv ill be bMed on a pro lata shMe ofthe
apprai~ed land valtle ofthe patent pMcd M det"rmincd by a11 MAl appraiseI selected
and paid f61 by the applicant and apprOved by the City Managel 01 bascd on sneh
OthCI method a~ may be lntltnally aglCed ttpon by the applicant and the City
Manage!. .En the event that HIe Cit, di~aglee~ ~ith the appraised valtle, th" City lllay
~deGt and pay fOl anothcl apprai~cI, and the elCdit ~hall be MIMllOtlnt cqtlaI to the
avCIage o[thG t~o (2) applaisa.ls.
4. Unks~ otheI~i~e prOvided in a devdopment c\gtCGnlcut bct~een the City and the
applieMlt 01 his plcd{,ce~~Ol in intelC~t, no Glcdit WI contribtltioIl~ 01 donation made
Shtick tmeJtlgh passages are deleted.
Underlined passages are added.
2003-0-15
7
'-'
....,
5. No cIcdit shall cxeccd thc Mnount ofthc Poliec impact :&'c Mscsscd undeI Section
21-J 10.OJ of this Articlc.
6. No CIGdit shall b" allovvcd fO! scemity SYStClllS, ~idG1ling of loads 01 otheI
implo v cInents ~ ith only Ml indiIGct bGl1dit fOI policc ploteGtion.
b.
The M110nnt ofthe elcdit shall be deteImined by the City Manage1, plovidcd, hOwcve1, thcrt
the detcl1nination mlt} be appealed to the City COtl1lcil, whose decision shall be final MId
binding on the applicMlt.
e.
~~~ ~l:-~i~ i~sucd P~ISUMlt to this Section nury be tIallsfened by the applicant to any
sueceSS01 111 Intelest In the p10pe1ty.
21-318.18 - Exemptions
The follovving shall be exempt fiom p~111cnt of the police impact fee.
li. Those 1esidential 01 nomesidential d~ellings ~hieh have been isstlcd a building peImit 01
eel tifieate of oeetlpMlCY priOI to the effceti v e dcrte of this Article.
b. Additions to 01 expansions ofsinglc-fanlily d~ellings thcrt do not CleMe an additional living
tmit:-
c. The 1 cplaeement of a building, mobile home, 01 stt tletm e that w M in place 011 the effeeti v e
dcrte of the Oldina1Iee f10m ~hieh this Ari:ide deIives 01 the IeplaeemGl1t of a building,
mobile home 01 stItlettlle thcrt ~M eonstttletcd subsequent the1eto MId fOI vvhieh the COllect
impact fee had becn paid 01 otheI ~ ise plO v ided fOl, t\ ith a nc~ building, mobile home, 01
stItlettlle ofthe same use, plovided that no additional impact fce ~ill bc Plodueed OveI and
above Hlcrt p10dueed by the oliginal usc oft11" IMId.
21-316.11 - Appeals
Any de"isioll made by the City MMlagel 01 his desig,ne" ill the eomse of admillistCling, this
Article m~ be appealed in aceoldance with thos" Ploeedmes set forth in this Code fol appeals of
administt ati v e decisions.
21-318.12 - Lien, V/ithholding of Felmits ftH Non-Fa,ment
Stmck t1nongh passages are deleted.
Underlined passages are added.
2003-0-15
8
'-"
...""
a.
;;:,~~~~ OIlVJ',Om;.,ion, OJ inlwt tho impact feo impo,cd un<k~ thi. A1tido i, not p~:~
:~~, ~= ~~~u~~ ~r~~~~~, together ~rth stcttutory mteIest aeGltllllg from tlmt, (JO)
full"w Ing tile date w iitten notice by CGl tificd mail, r Gtum receipt requested is sent to the
~~~~-~~e~e~~t O~~l~e!, shall.be a lien a~aill~t the p~opert, on ~hieh the speeifk devdopmGllt
fot ~hle,h the rmpaet fee rs due. Notice ofthe heu shall be, rceoldcd in the official IeGOrds
of the Clerk of the CiIeuit Com" in and for the Comlt, of Y olusia. The licn shall have
primit, Ovel all liens, mortgages, and encumbrances, except tltXes. Ifthe, notice oflicn is
110t rccordcd ~ithin tIl1ee (J) ,Cats follo~illg the date tIIC building permit is issue,d for the
devdopmellt fOI ~hieh the impact fee is owned, the lien shall be of no rorce and effect. If
~~i~ ~h~ll O~~~l, the atllomlt of the, impact fee is due and p~ablc to the City ofDdge~atel.
~~ t~l~ l~~ ~~maius mlpaid fOI, 11101e that} thirty (JO) d<rys follOwing rec01ding, it mtt} be
fOreclosed In the marmer provrded by lal'V for rorcdostlles of mortgages oureal property.
b.
If the inlpaet fee rel'nalns unpaid, no further building permits of an, t,pe shall be is~ucd on
~~~ ~r~o~~~l~ ~r ~hieh the, inlpaGt fee remains unpaid. Duilding pcrmits, induding
~~rt~~~~~s. of oceupanG.' atId/or oeeupatle, p~rmits ~l<ry be iss~ed onl, upon f~ll paynlCnt
of any pr e v rousl, 0 ~ cd rmpaet fcc, together with at}, mtelCst 0 ~ mg, atId CUll ent rmpaet fcc,
if-atry7
21-316.1] - Viol~tion~, Rdief
~ol'Vingl, ftlluishing false information to the Cit, Matlager on any mattGI rdating to the
administration of this Artide shall constitute a violation thercof. Yiolation of this Ar tide shall
constitute a misdenleatlor enforceable in aCGoldanee vv ith the Cit, Code or b, atl injunction or other
legal or eqtlitablc rdief in the Circuit Com"! against any person v iolating this Artide, or both ei v il
injulletive and eriminalrdief.
PART B.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
RESTATING ARTICLE XVII (DEVELOPMENT/IMPACT
FEES) OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA.
Chapter 21 (Land Development Code), Article XVII (DevelopmentlImpact Fees) is
hereby restated as set forth in Exhibit "A" which is attached hereto and incorporated
herein.
PART C.
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.
Struck tll10ngh passages are deleted.
Underlined passages are added.
2003-0-15
9
'-'
.....,
PARTD.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, 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, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through G shall not be codified.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place on fcbltlltl) 1,2004 March 15.2004.
Sntick tln6tlgh passages are deleted.
Underlined passages are added.
2003-0-15
10
~
....,
PART G.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on the
first reading of this ordinance held on December 15, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
X
Councilman James P. Brown
X
Councilman Dennis Vincenzi
X
Councilwoman Harriet E. Rhodes
X
Councilwoman Judy Lichter
X
Strtu;:;k tmongh passages are deleted.
Underlined passages are added.
2003-0-15
11
C
9
City Clerk
PTED this 5th day of January, 2004.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Shaek-daevgh passages are deleted.
Underlined passages are added.
2003-0-15
12
CITY COUNCIL OF THE
CITY O GEWATER, FLORIDA
By: �a
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
January, 2004 under Agenda Item No. 6 A .
'w'.
~
EXHIBIT" A"
ARTICLE XVII
DEVELOPMENT/IMPACT FEES
SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES
21-310.01 - Intent: Purpose: Basis ........................................................................... XVII-1
21-310.02 - Definitions ............................................................................................ XVII -1
21-310.03 - Exemptions: Non-Exemptions: Waivers .............................................. XVII-1
21-310.04 - Pedestrian System Development Fee Schedule .................................... XVII-2
SECTION 21-311 - TREE PRESERVATION/RELOCATION DEVELOPMENT FEES
21- 311. 0 1 - Intent: Purpose ...................................................................................... XVII - 2
21-311.02 - Tree Relocation MaintenancelMonitoring Requirements .................... XVII-2
21-311.03 - Tree Relocation Bond Requirements ................................................... XVII-3
21-311.04 - Payment in Lieu of Tree Replacement ................................................. XVII-3
21-311.05 - Tree Replacement Account .................................................................. XVII-3
SECTION 21-320 - RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES
21- 3 20.01 - Purpose: Intent ...................................................................................... XVII -4
21- 320.02 - Payment required .................................................................................. XVII -4
21- 320. 03 - Assessment of fees ............................................................................... XVII -4
21-320.04 - Basis for imposition ............................................................................. XVII-4
21-320.05 - Adiustments .......................................................................................... XVII-4
21-320.06 - Annual Review ................. .................................................................... XVII -6
21-320.07 - Credits ....................... ........................................................................... XVII-6
21-320.08 - Vested Rights ....................................................................................... XVII-6
21-320.09 - Exemptions ........................................................................................... XVII -6
21-320.10 - Separate account to be kept .................................................................. XVII-7
21- 320.11 - Use of funds ......................................................................................... XVII -7
21-320.12 - Penalties for offenses............................................................................ XVII - 7
SECTION 21-321- FIRE IMPACT FEES
21-321.01 - Intent: Purpose: Basis ........................................................................... XVII-7
21-321.02 - Imposition of Fees ................................................................................ XVII-8
21-321.03 - Fees....................................................................................................... XVII -8
21-321.04 - In-Kind Contributions: Refusal of Adiustment: Covenants ................. XVII-8
21-321. 05 - Review of Fees ..................................................................................... XVII -9
21-321. 06 - Trust Fund ............................................................................................ XVII-9
21-321.07 - Collection. Administrative Fees and Use of Funds .............................. XVII-9
21-321.08 - Refund ........... ..................................................................................... XVII -10
21-321. 09 - Credits ................................................................................................ XVII-II
21-321.10 - Exemptions ............................................ ............................................. XVII -12
21- 3 21.11 - Appeals ............................................................................................... XVII -12
Rev 01/2004 (Land Development Code)
.......
....,
21-321.12 - Lien/Withholding of Permits for Non-Payment ................................. XVII-12
21-321.13 - Violations: Relief ............................................................................... XVII -13
SECTION 21-322 - POLICE IMPACT FEES
21-322.01 - Intent: Purpose: Basis ..................................... .................................... XVII-13
21-322.02 - Imposition of Fees .............................................................................. XVII-13
21-322.03 - Fees... .............. ...................................... .............................................. XVII-13
21-322.04 - In-Kind Contributions: Refusal of Adiustment: Covenants ............... XVII-14
21-322.05 - Review of Fees ................................................................................... XVII-14
21-322.06 - Trust Fund .......................................................................................... XVII -14
21-322.07 - Collection: Administrative Fees & Use of Funds .............................. XVII-15
21-322.08 - Refund ......................... ....................................................................... XVII-16
21-322.09 - Credits ........................................................ ........................................ XVII -16
21- 322.10 - Exemptions ......................................................................................... XVII-17
21-322.11 - Appeals .. ............................................................................................. XVII-17
21-322.12 - Lien: Withholding of Permits for Non-Payment ................................ XVII-18
21- 322.13 - Violations Relief ................................................................................ XVII-18
SECTION 21-323 - ROAD Il\fPACT FEES
21-323.01 - Intent; Pmoose; Dasis ......................................................................... XVII-18
21-323.02 - Pa y nlent Recmiled .. ............................................................................ XVII -18
21-323.03 - Sdleduk. Alteln.ni.e .ree .................................................................. XVII-19
21-323.04 - AltGlnati.e Fee Cakul.nion ................................................................ XVII-19
21-323.05 - De. dooment Al!1 cemwts .................................................................. XVII-20
21- 323 .OG - Cr edits ................................................................................................ )("v'II-21
21-323.07 - "v' ested Ri~hts ............... .......... ............................................................ X"v'II -22
2 1-323 .08 - :Exemptions ........................................ ................................................. X\TII -23
21-323.0') - Sepatc!te Aeeotl1'lt to bc Kept .............................................................. XVII-2J
21-323.10 - '-Then .ree Due .................................................................................... XVII-23
21-323.11 - Use of Funds ....................................................................................... XVII-23
21- 32J .12 - Penalties ror Offenses ......................................................................... XVII- 24
21-323.13 - Schedule of Fces ................................................................................. XVII-24
SECTION 21-324 - WATER SYSTEM EXTENSION
21-324.01 - Intent: Purpose: Basis ......................................................................... XVII-24
21-324.02 - A vai1abilitv ....................................... .................................................. XVII -25
21-324.03 - On-Site Facilities ...................... .......................................................... XVII-25
SECTION 21-325 - WATER CAPITAL CHARGES
21-325.01 - Intent: Purpose: Basis .......... ...................... ......................................... XVII-25
21- 325.02 - Obligations of the City....................................................................... XVII-26
21- 325.03 - Obligations of Developer ................................................................... XVII -27
21-325.04 - Developer Agreements Required ....................................................... XVII-27
21-325.05 - Easements and Right-of- Way............................................................. XVII -27
21-325.06 - System Design: Independent Engineers: City's Engineer .................. XVII-28
Rev 01/2004 (Land Development Code)
W'
...",
21- 325.07 - Meter Installation Fee ......................................................................... XVII-28
21-325.08 - Inspection Fees ................... ........ ........................................................ XVII -28
21-325.09 - Transfer of Contributed Property: Bill of Sale ................................... XVII-29
21-325.10 - Off-Site Facilities: Refundable Advances .......................................... XVII-29
21-325.11 - Connection Water Capital Charge Adiustment: Escalation ............... XVII-31
21-325.12 - Water Capital Charges for Consumers Outside City Limits .............. XVII-32
21-325.13 - Availability of Copies of Policy ......................................................... XVII-32
SECTION 21-326 - SEWER SYSTEM EXTENSION
21-326.01 - Intent: Purpose: Basis ......................................................................... XVII- 32
21-326.02 - Availability......................................................................................... XVII _ 32
21-326.03 - Agreements with Other Municipalities .............................................. XVII-32
21-326.04 - On-Site Facilities ................................................................................ XVII - 33
SECTION 21-327 - SEWER CAPITAL CHARGES
21- 327.01 - Intent: Purpose: Basis ......................................................................... XVII _ 33
21-327.02 - Obligations of City ............................................................................. XVII -34
21- 327.03 - Obligations of Developer ................................................................... XVII _ 34
21-327.04 - Developer Agreements Required ....................................................... XVII-34
21-327.05 - Easements and Rights-of-Way........................................................... XVII-35
21-327.06 - System Design: Independent Engineer: City's Engineer .................... XVII-35
21-327.07 - Inspection Fees ................................................................................... XVII-36
21-327.08 - Transfer of Contributed Property: Bills of Sale ................................. XVII-36
21-327.09 - Off-Site Facilities: Refundable Advances .......................................... XVII -37
21-327.10 - Sewer Capital Charge Escalation ................................................. ...... XVII-38
21-327.11 - Sewer Capital Charges for Consumers Outside City Limits .............. XVII-39
Rev 01/2004 (Land Development Code)
........
...".,
SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES
21-310.01 - Intent: PurDose: Basis
a. Pedestrian systems are located within the public right-of-way and are a component of the
City's overall transportation system. This proiect approach is based on the premise that all
the elements of the public right-of-way provide a community-wide, public benefit, not iust
the roadway used for vehicles.
b. Pedestrian System Development Fees allow the cost of constructing new sidewalks to be
broad based and borne by new development activities. This system allows the City
flexibility to establish priorities for new sidewalk locations.
c. The City shall be responsible for construction of new sidewalks, outside of new residential
subdivisions and replacement of sidewalks on existing City streets.
d. The City shall carry out an active inspection and repair program with repairs being made on
a priority basis versus a random complaint basis.
e. The general aesthetic care of sidewalks within the City's right-of-way area IS the
responsibility of each adiacent property owner.
Section 21-310.02 - Definitions
a. New Buddin)! Construction - new building construction shall mean any structure designed
or built for the support, enclosure, shelter or protection of persons, animals or movable
property. It includes detached ~tola~c ~hcd~, btlildin~~ (mole tha1l120 ~Cltla1e feet), btlildin€.
additioll~ and all structures used for housing, warehousing, business, commercial or
industrial purposes whether temporary or permanent.
b. Stora)!e Sheds - shall be considered an accessory use to the {Jrinciple permitted use. Sheds
shall not be misconstrued with warehouses, mini-warehouses or separate buildings used for
commercial or industrial type storage units.
f..:. Roadwav/Streets - public or private roads falling into one of several categories as defined
in Article II of the Land Development Code and which classification is consistent with the
Comprehensive Plan.
Section 21-310.03 - Exemptions: Non-ExemDtions: Waivers
a. Exemotions:
.L. new residential subdivisions providing sidewalks on both sides of all streets;
2. Storage sheds of 110 ~Cltla1e feet 01 k~~.
b. Non-Exemvtions:
.L. Established developments or other areas that may not have the necessary
pedestrian/sidewalk facilities needed, will not be exempt from development fees for
Rev 01/2004 (Land Development Code)
'-'
.....,
new building construction.
f.:. Waivers:
l:. All applications for a waiver from the required sidewalk construction will be
reviewed and approved by the Technical Review Committee (TRC).
2. If the TRC grants a favorable decision for the waiver, the TRC will then make a
recommendation for the amount of compensation the owner/developer must
contribute to the Pedestrian System Development Fund.
.1. Once the TRC completes their recommendation, the application will be forwarded
to the City Council for final approval.
Section 21-310.04 - Pedestrian System Development Fee Schedule
a. New Construction:
Fees shall be calculated per linear foot of property frontage. Rates may vary depending on
roadway classifications. For property located on more than one street. the property frontage
shall mean the street-addressed side/location. The Pedestrian System Development Fee Rate
Schedule shall be established by resolution of the City Council.
b. Fee Ad;ustment:
All fees will be reviewed and adiusted annually, based on local consumer costs of material
and labor. All adiustments shall be established by resolution approved ofthe City Council.
AdditiOn!'/StOI G12e S:ted~.
fee1\ for btlildin~ additions (all type1\), and 1\tola~e 1\hed1\ of mOle tha1l120 1\Cltl1l1e feet 1\hall
be eaktllMed b v nle,MtlIint!. the linc1l1 foot of the, pCliphel v (otlt1\ide) of tIle btlildint!. 01
addition. The 1\tIeet addle,1\5 1\hall de,teIllline the roadt'Vav elM1\ifie,.1tion. The, fce llhall be
one-half n~) the I.1te M 1\hot'Vn in the rcde1\ttian S vlltem Development fee Rate Sehedtlk.
SECTION 21-311 - TREE PRESERV ATION/RELOCATION DEVELOPMENT FEES
21-311.01 - Intent~ Purpose
The City desires to improve the appearance of the City; protect and improve property values by
protecting certain trees to aid in the stabilization of soil by the prevention of erosion and
sedimentation; reduce stormwater runoff and assist with the replenishment of groundwater supplies.
Based on the requirements contained in Chapter 21 (Land Development Code), Article V (Site
Design Criteria), Sections 21-54 (Landscaping Requirements) and 21-55 (Tree Protection
Requirements), the City acknowledges that there are certain extenuating circumstances during new
construction and/or development.
Rev 01/2004 (Land Development Code)
....
...."
21-311.02 - Tree Relocation Maintenance/Monitorin!! Reauirements
Anv person conducting tree relocation activities shall:
a. Maintain the health of a relocated tree for a period of two (2) years following final inspection
and approval.
b. Replace. with an equivalent cross sectional area. within sixty (60) days. a relocated tree that
dies or is determined bv the City to be effectively destroyed within two (2) years of being
relocated. The two (2) year maintenance period shall begin anew whenever a tree is
replaced.
21-311.03 - Tree Relocation Bond Reauirements
a. Unless otherwise exempted bv this Article. any person conducting tree relocation activities
must post a bond to insure the survival of the relocated tree designated for preservation.
Said bond shall meet the approval of the City Attornev's Office and may be in the form of
a letter of credit drawn upon banks or savings and loan institutions legally doing business
in the State of Florida. cash bonds issued bv an insurance company legally doing business
in the State of Florida. or other acceptable means as approved bv the City Attornev' s Office.
This bond shall be in addition to any other bond that may be required bv any other
governmental entity.
b. Determination of the bond amount shall be computed pursuant to the Tree Relocation Fee
Schedule as established bv resolution of the City Council.
~ Governmental entities are exempt from bond requirements.
d. Release of Bonds. Tree relocation bonds will be released upon successful tree relocation as
set forth in this Article and upon written approval bv the City.
~ Drawing on Bonds. If a tree is determined bv the City to be effectively destroyed within two
(2) years from the date of relocation. the bond shall be drawn upon and funds will be
deposited into the Tree Replacement Trust Fund. Said funds will be expended pursuant to
Section 21-311.05 of this Article.
21-311.04 - Payment in Lieu of Tree Replacement
If it is determined bv the City that tree replacement is not feasible due to lack of available planting
space. the following applies:
a. The person conducting the tree replacement activity shall. in lieu of actual tree replacement.
pay a replacement contribution into the City Tree Replacement Trust Account.
b. The replacement contribution will be determined using a Replacement Tree Fee Schedule
as established bv resolution of the City Council.
Rev 01/2004 (Land Development Code)
'-"
"""""
21-311.05 - Tree Replacement Account
a. Establishment. A City Tree Replacement Account is hereby established as a depository for
tree replacement fees and monies.
b. Dispersal of Assets. The funds in said account shall be expended. utilized and disbursed for
the planting of trees. and to cover any other ancillary costs including but not limited to:
landscaping. sprinkler systems and other items or materials necessary and proper for the
preservation. maintenance. relocation or restoration of tree ecosystems on anv public land
within the City. These monies may also be utilized to engage support elements such as
landscape architects and additional personneL if deemed necessary in the opinion of the City
Manager. following established City procedures.
~ All monies deposited for use as specified in this Section shall be deposited in an appropriate
line code as determined by the Finance Department.
SECTION 21-320 - RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES
21-320.01 - Intent: Purpose
This Section is established to address the need for capital funds to support the orderly expansion of
the City's recreational parks facilities. The impact fees provide for the funding of recreational parks
facilities and improvements related thereto by imposing fees upon new construction that are
commensurate with or less than the burdens reasonably anticipated to be imposed by them.
This Section is intended to implement and be consistent with the City of Edge water Comprehensive
Plan.
21-320.02 - Payment reauired
Any person who. after the effective date ofthis Article. seeks to develop land by applYing for the
issuance of a building permit for a dwelling unit. as defined in the Land Development Code. shall
be required to pay a Recreational Parks and Open Space Impact Fee prior to the issuance of a
building permit or any other development permit for the construction of anv structure to be used for
a dwelling unit.
21-320.03 - Assessment of fees
A Recreational Parks and Open Space Impact Fee in an amount as established by resolution ofthe
City Council will be assessed by the City and shall be collected by the City prior to issuance of a
building permit or any other development permit for the construction of any structure to be used for
a dwelling unit.
21-320.04 - Basis for imposition
The fee imposed shall be a result of the City's fee calculation studies which shall be designed to
ensure that the impact fee imposed is rationally related to the benefit received by the applicant.
Rev 0112004 (Land Development Code)
....
..."
21-320.05 - Adjustments
In the event that an applicant believes the impact of his /her new dwelling units will be less than that
set forth herein. the applicant mav. at his/her option. submit evidence to the Citv in support of an
alternative recreational parks and open space impact assessment. Based upon convincing and
competent evidence. the Citv may adjust the impact fee as appropriate for that particular pro~erty.
21-320.06 - Annual review
City Staff shall annually review all fees relating to this Section. Adjustments shall be based on the
CPl or ENR index and anv adjustment (increase/decrease) shall be in an amount approved by
resolution of the Citv Council.
21-320.07 - Credits
a. An applicant shall be entitled to a credit against the recreational parks and open space impact
fee assessed pursuant to this Article in an amount equal to the cost of off-site improvements
and the cost of improvements to on-site recreational facilities which create excess capacity
for the general public or contributions to the City onand. monev or services bv the applicant
or his predecessor in interest as a condition of anv development agreement entered into with
the City prior to the effective date of this Article. Such credit shall be based on the
following criteria:
L The actual cost. or estimated cost based on recent bid sheet information of the Citv
or Countv. of off-site related improvements by the applicant to the recreational
system. Off-site improvements eligible for a credit are those improvements
proposed that will benefit not only the dwelling units on-site. but also the general
public. Improvements not eligible for a credit are those recreational facilities that
are privatelv owned or that serve onlv the dwelling units within the development.
b The actual cost or estimated cost of improvements based on recent bid sheet
information of the Citv or Countv with respect to that portion of on-site recreational
improvements which creates excess capacitv for the general public.
1:. The contribution of land. monev or services bv the applicant for off-site
improvements to the Citv's recreational svstem and for improvements to on-site
recreational facilities which create excess capacitv for the general public. The credit
for land contributed will be based on a oro rata share of the appraised land value of
the parent parcel as determined bv an MAl appraiser selected and paid for bv the
applicant and approved bv the Technical Review Committee ("TRC") or based on
such other method as mav be mutuallv agreed upon bv the applicant and the TRC.
In the event that the TRC disagrees with the appraised value. the Citvmav select and
pav for another appraiser. and the credit shall be an amount equal to the average of
the two appraisals.
4. Unless otherwise provided in a development agreement between the Citv and the
applicant or his/her predecessor in interest. no credit for contributions or donations
Rev 01/2004 (Land Development Code)
.....
..."
made prior to the effective date ofthis Article shall be granted unless the cost ofthe
improvements was paid for or the contributions were made within the two years prior
to the effective date of this Article.
2:. No credit shall exceed the amount of the recreational parks and open space impact
fees assessed herein.
b. The amount of the credit shall be determined by the TRC. provided. however. that the
determination may be appealed to the City Council. whose decision shall be final and
binding on the applicant.
f.:. Any credit issued pursuant to this Article may be transferred by the applicant to any
successor interest in the property.
d. Except as provided herein. previous development agreements wherein voluntary recreational
parks and open space impact fees were specified and paid shall be binding as to any building
permit already issued on land subiect to the development agreement.
e. Notwithstanding the criteria specified herein. if any ofthe development agreements provide
that credits against future recreational parks and open space impact fees enacted by the City
will be granted for specified contributions to the City of land. money or services for
improvements to the City's recreational system. such credits against the recreational parks
and open space impact fee shall be granted on the basis provided for in such agreement.
21-320.08 - Vested ri2:hts
a. It is not the intent ofthis Article to abrogate. diminish or modify the rights of any person that
has vested rights pursuant to a valid governmental act ofthe City. An applicant may petition
the City Council for a vested rights determination which would exempt the applicant from
the provisions of this Article. Such petition shall be evaluated by the City Attorney and a
recommendation thereon submitted to the City Council based on the following criteria:
1... Expenditures or obligations made or incurred in reliance upon an authorizing act are
reasonablv equivalent to the fee required bv Sections21-320.03; 21-320.04 and 21-
320.05.
b. If an applicant has previously entered into a development agreement with the City with
conditions regarding off-site recreational improvements. the applicant or his successor in
interest may request a modification ofthe prior development agreement in order to bring the
conditions into consistency with this Article. Any request for such modification must be
filed with the Planning Department within one year of the effective date of this Article.
21-320.9 - Exemptions
The following shall be exempt from payment of the recreational parks and open space impact fee:
a. Those dwelling units which have been issued a building permit prior to the effective date of
Rev 01/2004 (Land Development Code)
~
....,
this Article.
b. Those dwelling units which have received a certificate of occupancy prior to the effective
date of this Article.
c. Additions or expansions to single-family residences.
21-320.10 - Separate account to be kept
The recreational parks and open space impact fees collected by the City pursuant to this Article shall
be kept separate from other revenue ofthe City. Funds withdrawn from this account must be used
solely in accordance with the provisions of this Article. The disbursal of funds shall require the
approval of the City Council.
21-320.11 - Use of funds
a. The funds collected by reason of establishment of the recreational parks and open space
impact fee in accordance with this Article shall be used solely for the purpose of planning.
acquisition. expansion and development of off-site improvements to the City's recreational
system determined to be needed to offset the impacts of new development within the City.
Off-site improvements are improvements to recreational parks which are not on the property
upon which dwelling units will be constructed.
b. All funds shall be used in a manner consistent with the principles set forth in Florida Statutes
and case law and otherwise consistent with all requirements of the Constitutions of the
United States and the State of Florida. Said funds shall not be used to maintain or repair
existing recreational facilities.
~ Any funds on deposit not immediately necessary for expenditure shall be invested in interest
bearing accounts. All income derived shall be deposited in the Recreational Park and Open
Space Impact Fee Account. Applicants shall not receive credit for or be entitled to interest
from the investment of funds.
21-320.12 - Penalties for offenses
Violations of this Article shall constitute a misdemeanor enforceable in accordance with the City
Code or bv an iniunction or other legal or equitable relief in Circuit Court against any person
violating this Article. or by both civil iniunctive and criminal relief.
SECTION 21-321- FIRE PROTECTION AND EMS IMPACT FEES
21-321.01 - Intent: Purpose
a. This Section is intended to implement and be consistent with the City of Edgewater's
Comprehensive Plan.
b. The purpose of this Section is to ensure that the new development pays a fair share of the
Rev 0112004 (Land Development Code)
.....
...."",
anticipated costs of equipment and facilities necessary to provide fire protection for new
development.
21-321.02 - Imposition of Fees
a. Anv person who, after the effective date of this Article, seeks to develop land bv applying
for the issuance of a building permit for one of the land use types specified herein shall be
required to pav the Fire Protection and Emergencv Medical Services (EMS) Impact Fee prior
to the issuance of a building permit or anv other development permit.
b. When a change of use, redevelopment. or modification of an existing use requires the
issuance of a building permit. the impact fees shall be based upon the net increase in the
impact fee for the new use as compared to the previous use.
21-321.03 - Fees
The amount of Fire Protection and EMS Impact Fees imposed under this Section shall be as
established bv resolution of the Citv Council.
21-321.04 - In-Kind Contributions: Refusal of Adiustment: Covenants
a. Independent calculations for credits for in-kind contributions made after the effective date
ofthis Article shall be submitted to and approved bv the Citv Manager prior to effecting the
contribution.
b. The Citv Manager's action in adjusting or refusing to adjust the impact fee pursuant to an
independent calculation shall be in writing and must be transmitted bv certified mail to the
fee paver.
f.:. The Citv Manager shall require that a covenant running with the land be executed and
recorded on the subject propertvwhere: the independent calculation is based on a use ofland
having a lesser impact than that upon which the schedule is based, as applicable; the propertv
could be put to a use having a greater impact than that proposed with such use not requiring
future approval bv the Citv: or for such other reasons necessary to ensure compliance with
this Article. The covenant shall hold the fee simple interest in the land and mortgage as
appropriate. The covenant shall recite this Article and the facts and reasons underlying its
execution. It shall set forth the restrictions on the propertv and the terms and conditions
under which it mav be released.
21-321.05 - Review of Fees
a. Citv Staff shall annuallv review all fees relating to this Section. Adjustments shall be based
on the CPI or ENR index and anv adjustment (increase/decrease) shall be in an amount
approved bv resolution ofthe Citv Council.
b. Each review shall include an analvsis of the level of service for each impact fee. If the
average level of service is not consistent with the level of service upon which the respective
Rev 01/2004 (Land Development Code)
'-"
'WIll
impact fee amount is based, the amount shall be adjusted based upon the then-existing level
of service.
"
21-321.06 - Trust Fund
The Fire/EMS Impact Fee shall be deposited in a Fire/EMS Impact Fee Trust Fund. The
trust fund shall be invested bv the Citv in interest bearing sources and all income derived shall
accrue to the trust fund. The funds shall be used onlv for capital improvement costs for which the
impact fee was levied and which would add capacitv needed to serve new development. The City
Manager shall identifv in the Citv's annual budget the designated capital improvements for which
the Fire/EMS impact fees will be spent. The funds shall remain restricted to the Fire/EMS trust fund
and the requirements ofthis Section. The Citv Manager shall ensure that these designated funds are
expended and accounted for in accordance with the provisions of this Section. The Citv shall
maintain such records and documentation necessary to allow the effective audit of the use of the
Fire/EMS impact fees.
21-321.07 - Collection. Administrative Fees and Use of Funds
a. The fee paver shall pav the Fire/EMS impact fee to the Citv for deposit into the Fire/EMS
impact fee trust fund prior to the issuance of a building permit which mav be required for
development listed in the schedule contained in Section 21-321.03. No building permit may
be issued until such fees have been paid or until the Citv has accepted title to land area
meeting the standards set out in this Article. For land uses not requiring a building permit,
an alternative development order shall not be granted until the impact fees have been paid.
b. In lieu of all or part ofthe impact fees, Citv Council mav accept the offer bv a fee paver to
dedicate land and/or construct all or part of a Fire/EMS project. Such construction must be
in accordance with state, countvand citv design standards applicable to the project. The fee
paver shall submit a project description in sufficient detail to allow the preparation of an
engineering and construction cost estimate.
f.:. If the Citv Council accepts such offer, the Citv Manager shall credit the cost of this
construction against the Fire/EMS impact fee otherwise due. The portion of the fee
represented bv the facilities construction shall be deemed paid when the construction is
completed and accepted bv the Citv or when the fee paver posts securitv as provided in
subsection (d) of this Section for the costs of such construction. The portion of the fee
represented bv land dedication shall be deemed paid when the title to the land dedicated for
that purpose has been accepted bv the Citv.
d. Securitv in the form of a performance bond or escrow agreement shall be posted with and
made pavable to the Citv in an amount approved bv the Citv Manager equal to one hundred
ten percent 010%) ofthe full cost of such construction. Ifconstruction ofthe project is not
to be completed within one year of the acceptance of the offer by the City, the amount of
security shall be increased by ten percent (10%) compounded, for each vear of the life of the
security. The securitv shall be reviewed and approved by the Citv Manager's office prior
to acceptance of the securitv by City Council.
Rev 01/2004 (Land Development Code)
.....
..,
e. No impact fee is required for the issuance of anv building permit for residential use which
does not result in an additional living unit.
[ All funds collected pursuant to this Section shall be promptlv transferred for deposits into
the Fire/EMS trust fund. Impact fee collections shall be used exclusivelv for land
acquisition. capital improvements. purchases or expansion related to the public purpose for
which such fees were collected. with the exception of impact fee administrative costs
pursuant to paragraph (g) below. Funds shall be expended in the order in which thev are
collected.
&. The Citv shall be entitled to retain UP to four percent (4%) ofthe impact fees collected as an
administrative fee to offset the costs of administering this Section.
h. If anv impact fees that are paid bv check. draft or other negotiable instrument. do not clear:
the building permit or development order authorizing the development for which the impact
fee was paid shall be suspended and the Citv shall send the appropriate suspension notice
to the fee paver bv certified mail. Ifthe impact fee. together with anv charges for funds not
clearing. are not paid within ten (10) business davs following mailing of the notice. the
building permit or development order shall be of no further force and effect for purposes of
this article and a stop work order shall be issued and remain in effect until such time as the
impact fee is paid and the funds clear.
21-321.08 - Refund
a. If a building permit expires and no construction has been commenced. the fee paver shall
be entitled to a refund of the impact fee paid as a condition for its issuance. less the four
percent (4%) of the fee retained as an administrative fee bvthe Citv. therefore. the fee paver
shall be entitled to a refund equal to ninety-six (96%) of the impact fee paid. No interest will
be paid to the fee paver on refunds due to non-commencement. Refunds resulting from
Citv's miscalculation shall not be charged the administrative fee on the amount refunded.
b. No refund shall be given for a change in land use or structure after occupancv has occurred.
c. Anv funds not expended or encumbered bv the end of the calendar quarter immediatelv
following six (6) vears from the date the impact fee was paid shall. upon application of the
fee paver within one hundred eightv (180) davs ofthat date. be returned to the fee paver with
interest at the rate of six percent (6%) per annum.
21-321.09 - Credits
a. An applicant shall be entitled to a credit against the Fire Protection and EMS Impact Fees
assessed pursuant to this Section in an amount equal to the cost of improvements which
create excess capacitv for the general public or contributions to the citv of land. monev.
facilities. equipment or services bv the applicant or his predecessor in interest as a condition
of anv development agreement entered into with the Citv. Such credit shall be based on the
following criteria:
Rev 01/2004 (Land Development Code)
~
'-'
1. The actual cost. or estimated cost based on recent bid sheet information of the Citv
of Edgewater or V olusia Countv. of off-site improvements. Improvements eligible
for a credit are those improvements proposed that will benefit not onlv the dwellings
on-site. but also the general public. Improvements not eligible for a credit are those
facilities that are privatelv owned or that serve on Iv the dwellings within the
development.
2. The actual cost or estimated cost of improvements based on recent bid sheet
information ofthe Citv of Edgewater or V olusia Countv with respect to that portion
of on-site improvements which creates excess capacitv for the general public.
.1. The contribution of land. monev. facilities. equipment or services bv the applicant
for improvements to the Citv's Fire/Rescue Department which creates excess
capacitv for the general public. Services must relate directlv to the provision ofland.
facilities or equipment. The credit for land contributed will be based on a pro rata
share of the appraised land value of the parent parcel as determined bv an MAl
appraiser selected and paid for bv the applicant and approved bv the Citv Manager
or based on such other method as mav be mutuallv agreed upon bv the applicant and
the Citv Manager. In the event that the Citv disagrees with the appraised value. the
Citv mav select and pav for another appraiser. and the credit shall be an amount
equal to the average of the two (2) appraisals.
4. Unless otherwise provided in a development agreement between the Citv and the
applicant or his predecessor in interest. no credit for contributions or donation made
prior to the effective date of this Article shall be granted unless the cost of the
improvements were paid for or the contributions were made within the two (2) vears
prior to this Article.
~ No credit shall exceed the amount of the fire impact fee assessed under Section 21-
321.03 ofthis Article.
6. No credit shall be allowed for the over-sizing of water lines. widening of roads or
other improvements with onlv an indirect benefit for fire protection.
b. The amount ofthe credit shall be determined bv the Citv Manager; provided. however. that
the determination mav be appealed to the Citv Council. whose decision shall be final and
binding on the applicant.
c. Anv credit issued pursuant to this Section mav be transferred bv the applicant to anv
successor in interest in the propertv.
21-321.10 - Exemptions
The following shall be exempt from payment of the Fire Protection and EMS Impact Fee:
a. Those residential or nonresidential dwellings which have been issued a building permit or
certificate of occupancv prior to the effective date of this Article.
Rev 01/2004 (Land Development Code)
'-'
.."",
b. Additions to or expansions of single-family dwellings that do not create an additional living
unit.
c. The replacement of a building. mobile home. or structure that was in place on the effective
date of this Article or the replacement of a building. mobile home or structure that was
constructed subsequent thereto and for which the correct impact fee had been paid or
otherwise provided for. with a new building. mobile home. or structure of the same use.
provided that no additional impact fee will be produced over and above that produced by the
original use of the land.
21-321.11 - Appeals
Any decision made by the City Manager or his designee in the course of administering this
Article may be appealed in accordance with those procedures set forth in this Code for appeals of
administrative decisions.
21-321.12 - Lien/ Withholdine: of Permits for Non-Payment
a. Ifthrough error. omission. or intent that the impact fee imposed under this Article is not paid
in fulL the amount unpaid. together with statutory interest accruing from thirty (30) days
following the date written notice by certified maiL return receipt requested is sent to the
then-present owner. shall be a lien against the property on which the specific development
from which the impact fee is due. Notice ofthe lien shall be recorded in the official records
of the Clerk of the Circuit Court. in and for the County of V olusia. The lien shall have
priority over all liens. mortgages. and encumbrances. except taxes. If the notice of lien is
not recorded within three (3) years following the date the building permit is issued for the
development for which the impact fee is owed. the lien shall be of no force and effect. If this
shall occur. the amount of the impact fee is due and payable to the City of Edgewater. If
the lien remains unpaid for more than thirty (30) davs following recording. it may be
foreclosed in the manner provided by law for foreclosures of mortgages on real property.
b. Ifthe impact fee remains unpaid. no further building permits of any type shall be issued on
the propertv for which the impact fee remains unpaid. Building permits. including
certificates of occupancy and/or occupancy permits mav be issued only upon full pavrnent
of any previously owed impact fee. together with any interest owing. and current impact fee.
if any.
21-321.13 - Violations: Relief
Knowingly furnishing false information to the City Manager on any matter relating to the
administration of this Article shall constitute a violation thereof. Violation of this Article shall
constitute a misdemeanor enforceable in accordance with the City Code or by an iniunction or other
legal or equitable relief in the Circuit Court against any person violating this Article. or both civil
iniunctive and criminal relief.
Rev 01/2004 (Land Development Code)
'-"
...."
"
SECTION 21-322 - POLICE IMPACT FEES
21-322.01 - Intent: PurDose
a. This Section is intended to implement and be consistent with the City of Edgewater's
Comprehensive Plan.
b. The purpose of this Section is to ensure that new development pays a fair share of the
anticipated costs of equipment and facilities necessary to provide police protection for new
development.
21-322.02 - ImDosition of Fees
a. Any person who seeks. after its effective date ofthis Article. to develop land by applying for
the issuance of a building permit for one of the land use types specified herein shall be
required to pay the Police hnpact Fee prior to the issuance of a building permit or any other
development permit in the manner and amount set forth in this Section.
b. When change of use. redevelopment. or modification of an existing use requires the issuance
of a building permit. the impact fees shall be based upon the net increase in the impact fee
for the new use as compared to the previous use.
21-322.03 - Fees
The amount of the Police hnpact Fee imposed under this Section shall be as established by
resolution of the City Council.
21-322.04 - In-Kind Contributions: Refusal of Adiustment: Covenants
a. Independent calculations for credits for in-kind contributions made after the effective date
of this Article shall be submitted to and approved by the City Manager prior to effecting the
contribution.
b. The City Manager's action in adjusting or refusing to adjust the impact fee pursuant to an
independent calculation shall be in writing and must be transmitted bv certified mail to the
fee paver.
c. The Citv Manager shall require that a covenant running with the land be executed and
recorded on the subject property where: the independent calculation is based on a use ofland
having a lesser impact than that upon which the schedule is based. as applicable: the property
could be put to a use having a greater impact than that proposed with such use not requiring
future approval by the City: or for such other reasons necessary to ensure compliance with
this Article. The covenant shall hold the fee simple interest in the land and mortgage as
appropriate. The covenant shall recite this Article and the facts and reasons underlying its
execution. It shall set forth the restrictions on the property and the terms and conditions
under which it may be released.
Rev 01/2004 (Land Development Code)
'-'
..""",
21-322.05 - Review of Fees
a. City Staff shall annually review all fees relating to this Section. Adiustments shall be based
on the CPI or ENR index and any adiustment (increase/decrease) shall be in an amount
approved by resolution ofthe City Council.
b. Each review shall include an analysis of the level of service for each impact fee. If the
average level of service is not consistent with the level of service upon which the respective
impact fee amount is based. the amount shall be adiusted based upon the then-existing level
of service.
21-322.06 - Trust Fund
The Police Impact Fee shall be deposited in a Police Impact Fee Trust Fund. The trust fund
shall be invested by the City in interest bearing sources and all income derived shall accrue to the
trust fund. The funds shall be used only for capital improvement costs for which the impact fee was
levied and which would add capacity needed to serve new development. The City Manager shall
identify in the City's annual budget the designated capital improvements for which the Police impact
fee will be spent. The funds shall remain restricted to the Police trust fund and the requirements of
this Section. The City Manager shall ensure that these designated funds are expended and accounted
for in accordance with the provisions of this Section. The City shall maintain such records and
documentation necessary to allow the effective audit of the use ofthe Police Impact fees.
21-322.07 - Collection. Administrative Fees and Use of Funds
a. The fee payer shall pay the Police Impact Fee to the City for deposit into the Police Impact
Fee trust fund prior to the issuance of a building permit which may be required for
development listed in the schedule contained in Section 21-322.03 . No building permit may
be issued until such fees have been paid or until the City has accepted title to land area
meeting the standards set out in this Article. For land uses not requiring a building permit,
an alternative development order shall not be granted until the impact fees have been paid.
b. In lieu of all or part of the impact fees, Citv Council mav accept the offer bv a fee paver to
dedicate land and/or construct all or part of a Law Enforcement proiect. Such construction
must be in accordance with state, county and citv design standards applicable to the proiect.
The fee payer shall submit a proiect description in sufficient detail to allow the preparation
of an engineering and construction cost estimate.
f..:. If the City Council accepts such offer, the City Manager shall credit the cost of this
construction against the Police impact fee otherwise due. The portion ofthe fee represented
by the facilities constructed shall be deemed paid when the construction is completed and
accepted by the City or when the fee payer posts security as provided in subsection (d) of
this Section for the costs of such construction. The portion of the fee represented by land
dedication shall be deemed paid when the title to the land dedicated for that purpose has
been accepted by the City.
Rev 01/2004 (Land Development Code)
"-'
""'"
d. Security in the form of a performance bond or escrow agreement shall be posted with and
made payable to the City in an amount approved by the City Manager equal to one hundred
ten percent (110%) of the full cost of such construction. If construction of the proi ect is not
to be completed within one year of the acceptance of the offer by the City. the amount of
security shall be increased by ten percent (10%) compounded. for each vear of the life of the
security. The security shall be reviewed and approved by the City Manager's office Prior
to acceptance of the security by City Council.
~ No impact fee is required for the issuance of any building permit for residential use which
does not result in an additional living unit.
[ All funds collected pursuant to this Section shall be promptly transferred for deposits into
the Police trust fund. Impact fee collections shall be used exclusively for land acquisition.
capital improvements. purchases or expansion related to the public purpose for which such
fees were collected. with the exception of impact fee administrative costs pursuant to
paragraph (g) below. Funds shall be expended in the order in which they are collected.
&. The City shall be entitled to retain UP to four percent (4%) ofthe impact fees collected as an
administrative fee to offset the costs of administering this Section.
h. Any impact fees that are paid by check. draft or other negotiable instrument. that do not
clear; the building permit or development order authorizing the development for which the
impact fee was paid shall be suspended and the City shall send the appropriate suspension
notice to the fee payer by certified mail. If the impact fee. together with any charges for
funds not clearing. are not paid within ten (10) business days following mailing of the notice.
the building permit or development order shall be of no further force and effect for purposes
of this Article and a stop work order shall be issued and remain in effect until such time as
the impact fee is paid and the funds clear.
21-322.08 - Refund
a. If a building permit expires and no construction has been commenced. the fee payer shall
be entitled to a refund of the impact fee paid as a condition for its issuance. less the four
percent (4%) ofthe fee retained as an administrative fee bv the Citv. therefore. the fee payer
shall be entitled to a refund equal to ninetv-six percent (96%) of the impact fee paid. No
interest will be paid to the fee payer on refunds due to non-commencement. Refunds
resulting from City's miscalculation shall not be charged the administrative fee on the
amount refunded.
b. No refund shall be given for a change in land use or structure after occupancy has occurred.
f..:. Any funds not expended or encumbered by the end of the calendar Quarter immediately
following six (6) years from the date the impact fee was paid shall. upon application of the
fee payer within one hundred eighty (180) days ofthat date. be returned to the fee payer with
interest at the rate of six percent (6%) per annum.
Rev 01/2004 (Land Development Code)
'-'
~
21-322.09 - Credits
a. An applicant shall be entitled to a credit against the Police Impact Fees assessed pursuant
to this Section in an amount equal to the cost of improvements which create excess capacity
for the general public or contributions to the City of land. money. facilities. equipment or
services by the applicant or his predecessor in interest as a condition of any development
agreement entered into with the City. Such credit shall be based on the following criteria:
1... The actual cost or estimated cost based on recent bid sheet information of the City
of Edgewater or V olusia County. of off-site improvements. Improvements eligible
for a credit are those improvements proposed that will benefit not only the dwellings
on-site. but also the general public. Improvements not eligible for a credit are those
facilities that are privately owned or that serve only the dwellings within the
development.
2. The actual cost or estimated cost of improvements based on recent bid sheet
information ofthe City of Edgewater or V olusia County with respect to that portion
of on-site improvements which creates excess capacity for the general public.
.1. The contribution of land. money. facilities. equipment or services by the applicant
for improvements to the City's Police Department which creates excess capacity for
the general public. Services must relate directly to the provision of land. facilities
or equipment. The credit for land contributed will be based on a pro rata share ofthe
appraised land value ofthe parent parcel as determined by an MAl appraiser selected
and paid for by the applicant and approved by the City Manager or based on such
other method as may be mutually agreed upon by the applicant and the City
Manager. In the event that the City disagrees with the appraised value. the City may
select and pay for another appraiser. and the credit shall be an amount equal to the
average of the two (2) appraisals.
4. Unless otherwise provided in a development agreement between the City and the
applicant or his predecessor in interest no credit for contributions or donation made
prior to the effective date of this Article shall be granted unless the cost of the
improvements were paid for or the contributions were made within the two (2) years
prior to the effective date of this Article.
2:. No credit shall exceed the amount ofthe Police Impact Fee assessed under Section
21-322.03 of this Article.
6. No credit shall be allowed for security systems. widening of roads or other
improvements with only an indirect benefit for police protection.
b. The amount of the credit shall be determined by the City Manager: provided. however. that
the determination may be appealed to the City Council. whose decision shall be final and
binding on the applicant.
c. Any credit issued pursuant to this Section may be transferred by the applicant to any
Rev 01/2004 (Land Development Code)
.....
.....,
successor in interest in the property.
21-322.10 - Exemptions
The following shall be exempt from pavment of the police impact fee:
a. Those residential or nonresidential dwellings which have been issued a building permit or
certificate of occupancy prior to the effective date of this Article.
b. Additions to or expansions of single-family dwellings that do not create an additional living
uni t.
c. The replacement of a building. mobile home. or structure that was in place on the effective
date of this Article or the replacement of a building. mobile home or structure that was
constructed subsequent thereto and for which the correct impact fee had been paid or
otherwise provided for. with a new building. mobile home. or structure of the same use.
provided that no additional impact fee will be produced over and above that produced by the
original use of the land.
21-322.11 - A{)peals
Any decision made by the City Manager or his designee in the course of administering this
Article may be appealed in accordance with those procedures set forth in this Code for appeals of
administrative decisions.
21-322.12 - Lien: Withholdin~ of Permits for Non-Pavment
a. Ifthrough error. omission. or intent the impact fee imposed under this Article is not paid in
full. the amount unpaid. together with statutory interest accruing from thirty (30) days
following the date written notice by certified mail. return receipt requested is sent to the
then-present owner. shall be a lien against the property on which the specific development
for which the impact fee is due. Notice ofthe lien shall be recorded in the official records
of the Clerk of the Circuit Court. in and for the County of V olusia. The lien shall have
priority over all liens. mortgages. and encumbrances. except taxes. If the notice of lien is
not recorded within three (3) years following the date the building permit is issued for the
development for which the impact fee is owned. the lien shall be of no force and effect. If
this shall occur. the amount of the impact fee is due and payable to the City of Edgewater.
If the lien remains unpaid for more than thirtv (30) days following recording. it may be
foreclosed in the manner provided by law for foreclosures of mortgages on real property.
b. If the impact fee remains unpaid. no further building permits of any type shall be issued on
the property for which the impact fee remains unpaid. Building permits. including
certificates of occupancy and/or occupancy permits may be issued only upon full pavment
of any previously owed impact fee. together with any interest owing. and current impact fee.
if any.
Rev 01/2004 (Land Development Code)
'W'
.."""
21-322.13 - Violations: Relief
Knowingly furnishing false information to the City Manager on any matter relating to the
administration of this Article shall constitute a violation thereof. Violation of this Article shall
constitute a misdemeanor enforceable in accordance with the City Code or by an iniunction or other
legal or equitable relief in the Circuit Court against any person violating this Article, or both civil
iniunctive and criminal relief.
SECTION 21-323 - ROAD Il\IPACT FEES
21-323.01 - Intent; PUI Dose
~ This Section is intended to implemcnt .md be eonsistwt vv ith the Cit y of Dd~evv atel
CompIChensi v e Plan as it I dates to local 1 oads.
.!2:. The PttlPose of this Section is to cnsnlC that ncvv devdopment pays a fail shMe of the
~l1ticipatcd costs of nceded eitv load Systelll imPlovenlcnts neeeSSM y to sel ve llet'V
dc v dOPnlcnt.
21-323.02 - Panllent I eauh ed
An y pelson vv ho applics fOI the issuance of a buildin~ pelmit for a nevv buildin~, afta thc dfceti v e
date of this Artide, shall be lCCluiled to pay a load impact fee in the mannel .md .mIOtmt set forth
in this Section. Except as PIO v idcd hClein, no buildin~ pelmit fOI a ne,vv bnildin~ shall be issned
unless MId until the load impact fee ha eb y 1 eClnil cd has been paid. POI the pm poses of this SeetioII,
all lefclcnee to "bnildin~ pelnlit" shall Ida to a bnildin~ pellllit fOI a llet'V btlildin~ and shall not
apply to snch bnildill~ pCllnits as may be, issned by the, Citv fOI site deMill~ .md other activities
vvhieh Plceede the issnance rol a net'V bnilding.
21-323.03 - Sc.hedule. altelnathe fee
~ The Mnonnt onhc lOad inlPC'let fee shall be detelmined in aceoId.mce t'Vith the Road InIPaet
fce Sehcdnle established by lesolntion ofihe Citv Conncil. In addition, .m applieMlt may
Plopose .m altemative impact fce as set forth ill Scetion21-323.04 henin 01 may PIOI"JOSe
to entel into a de v dOPlllcnt a~Ieement t'V ith the City as set folth in Section 21-323.05 helcin.
.!2:. 111 the event that.m applic.mt rol a buildin~ pelmit contends that the net'V buildill~ fOI vvhich
the buildin~ peInlit is leCluested is not vvithin the eate~olies set forth in sttbscetion "a" above
01 is t'Vithin a diffaent eate~oIv, then the Technical Reviet'V Committee (TRC) shall make
a detcnnination as to the apPloPliate catcg.oI y. Such detclmination may be appealed to the
City CounciL t'Vhose decision shall be final and bindin~ on the applieMlt.
21-323.04 - Altel natin fee c:akulation
~ In the event that .m applicant bdieves the impact of this net'V btlildin~ on the 10adt'Vay
nett'Volk t'V ill be, less th.m that deli v ed ntili:z:;ing the Road IUlPact Fcc Schedule, the applicant
may stlbmit .m altemative lOad impact fce calculation to the TRC. The TRC shall leviet'V
Rev 01/2004 (Land Development Code)
Y'
"""'"
~l~~ ~~ta.: infoIlllati~ll .md a~~nmptiol'l~ n~ed by the aoolicllnt M O<t1:t of the alternati vel oad
~l~~C~. fee caknlattol1 mcthodolo~y to detelmine whether thc lconilemcnt~ ofthi~ ~cctioll
~~. ~:tl~ficd. If thc TRC find~ th.rt the Icanircfilcnt~ of thi~ ~cCtiOll MC ~.rti~ficd. it ~hall
~~~~c~- the IC~tllt~ oftilc ~tndy and determine the llPplicMrt'~ altem.rtivc 10lld impa~t fec fOl
Iccommend.rtion to the City Conncil. Ifthc TRC filld~ the leOtIircl1lent~ ofthi~ section Me
not ~.rti~ficd. it ~halllecom1llClld to thc City Conneil the Roa.d JrnPllCt Pee Sehednk for the
lloolieant. Thc deci~ion ofthc Citv Conncil M to the n~G OfMl altcln.rtivc load impact fee
or the Road JrnoaGt Pee Sehednk ~hall be final MId bindill~ on the applicant.
.!;h The altclllati vel oa.d impact fee caknl.rtion~ ~hall be bMed on data. infoll11.rtion 01
M~nmption~ contained in em y Cit y TIem~port.rtion JrnPllet Pee Stnd y emd ~hall bc eon1P<rtibk
vvith M~nmotioll~ n~cd fol dCvdoPfilGnt of a ~temdMd~-drivell impllCt fee cak~atioll.
DIovided that.
.L. Thc indepelldelrt ~omcc i~ Ml acecpted ~tMldMd ~omcc oftrem~port.rtion cn~ineeling
01 OlMl1lillt:!: d.rta;
b The indepcndent ~onrcc i~ a local ~tndy eMlicd ont by a onalified traffic plannel
po~~e~sint:!: membelship in the Amelicem In~titnte of Certified rl(\1mCl~ or a
Plofe~~ional cn~incel lieCll~cd by the State of Florida onr~nant to (\11 accepted
methodolo~y oftlemsportlltioll plMmin~ 01 cllt:!:ineClint:!:; or
.1. If a plior applieemt ~ttbmitted dtllin~ a Oliol apOloval DIoee~~ a traffic impact stndy
eon~i~tent with the elitelia ICotIiled by thi~ ~cetion MId ifth.rt stndy i~ detelmined by
the TRC to still be valid. thc traffic impllCt~ ofthe new bnildin~ shall be Plcsnmcd
to be M described in ~nch Pliol ~tndy. Thelc ~hall be a lebnttabk Ole~nmptioll that
a traffic inlPllCt ~tndy which is mOle them two (2) yCM~ old is invalid.
e.
The trip lcnt:!:th. divel~ion emd eapttlle factol n~ed in the alton.rtivc load impact fee
ealcnlation ~hall be bMcd 011 actnal Stl1 vey~ conducted in the Citv or County 01 bMed 011
DIofe~sional ~tndie~. indndillt:!: comlUonl y n~cd 1 efel enee. FOI the pm p05e~ oftile altemati y e
lOad impact fee caknl.rtion. the di v Cl ~iOll MId eaptnl e factor ~hall be the pel eCllta~e of
avela~e dailv tlio~ that a Plooo~cd nse will t:!:e.nel.rte th.rt cOll~titute nevv 01 additi01lal trips
added to loadway~ identified within the, Dd~ew.rtcI TIem5portMion MMtcr Plan. Those tlip~
thM do not leOle~cnt additional trip end~ shall not be, cOt11lted M ncvv 01 additional trips.
d.
The ncw buildinl:!: ~hall be Plc~tl1ncd to ~e,nerMe the m<tXinlt1m number of avela~e dail y trip~
to be t:!:cllelc'ttcd by the most illtcnsi v c u~e peIl111ttcd nndel the applicabk lemd de v dopmcnt
1 c~nl.rtlo1l5. StIch M the ComOI ehen~i v e Plem 01 z;onin~ r eltul.rtions. 01 nnder applicable dced
01 pl.rt I cst! ietiol1l~.
e.
The eo~t of the Citv'~ leview of the altcmative load impact fee caknl.rtion ~hall be. paid by
the llpplieMIt. Upon5ttbmitta1 ofthe altelll.rti v e road ifilOllCt fee calculation b y the apolieant.
the City ~hall collect a fl.rt fee MId a leview deposit in em am.Otmt to be detGlmined by
Ic~olntion of the City COtIneil
Rev 01/2004 (Land Development Code)
v
."
21-323.65 - Dn eloDllltnt A~. eelllents
~
. ~ ~pp~iec'mt may Ptopo~e to entel into a de v clopment a~leenlent vvith the Cit~to e~tablish
~~teIlI~tl,:C load imp~t fees 01 to DI?vide ful load impact fee CIcdit~ ful the nn crt<'tlin~ b)>
the aDPlIcant of eamvalcnt load IInPlovement~ nCCe~SMy to SCIvC new devcloon nt.
Danivaknt load imPlovements mnst be demonsturted to be consistent ~ith MId ftl1iha the
Tran~portation Mastel Plan c'mdJ'OI ComDIehcnsi ve PIMI and shall be tho~e that exceed
nceeS~M y conenIl ene v -I dated miti!:!:ation imDI 0 v ements and shall no t inclnde imol 0 v ements
~hieh miti!:!:ate oDerational impaet~ ~cnerated by the devdoPnlent. A d~vdoPnlGIlt
a~lCement may inclnde. bnt shall not be limited to. Plovisioll~ vvhidl.
.L. Permit the construction of ~peeifie road System inlPlovements in lien of 01 ~ith a
credit a~ain~t the rOM impact fee othel~i~e assessable nnder Scetion21-J2J.OJ 01
21-J2J.04 above.
b PrOvide for a transfcl of credits as DIovided for In Section 21-J2J.OG to any
sueee~SOI in inter e~t in thc land.
J..:. Allo vv a schedule MId method of pa v'111ent of impact fees in a mMmer diffel ent than
Plovidcd in Section 21-J2J.10.
~ Any alttee111ent DIoposed by MI apPlieMtl PtlIsnant to thi~ Section lllnst be prcsentcd to and
aDDIOved by the Citv Cotl1lcll DIiol to thc i~~nance ofa bnildin~ per111it in Older fm Mly load
impact fee cledits to be apolicable to ~l1eh bnildin~ pelmit. Ally such alttcement shall
orovidc fOI exccl1tion by Mlv nIortl!a~ce~. lienholdels 01 contract pnlchasels in addition to
the landowner and shall reanire the apolieant to lCCOld snch alttcement in the ottblic rec01ds
of"v'olnsia Connty. Thc City Conneil shall a;PDIOve sl1dl an al!reement only ifit finds that
the al!ICeIllent will apoortion the burden of expGIlditme for ne~ facilities in a inst and
canitabk mMmel. consisteltl with the apolieablc Plorida Statntes MId case la~ c'md this
Section; prOvided. ho~ever. that dIe City shall not bc rcanired to entel into any a~lcement
ptlI~nant to Scetion21-J2J.05.
21-323.66 - C. edits
f!:.:. An aop1icant ~hall be entitled to a crcdit a~ain~t the road impact fcc asscs~cd OtlIlmant to this
Section in an amonnt canal to the cost of off-~ite road~ay improvcments and the eo~t of
imPlovcments to on-site roads ~hich clCate exee~s caoacity ful l!clleral pnblie traffic that
othcr ~isc wonld not be. leanilcd as a condition of dCvdooment aODIoval for opcrational 01
capacity miti~ation; 01 contribtttion~ O[lMId. moncv or sel vices contlibntcd 01 prcvionsly
eonttibttted by the aoolieMlt 01 his PlGdecessor in interest as a condition of an y development
alttcemGIlt GIltered iltlO ~ith the Citv so lon~ as ~l1eh dCvdopment a~leenlcnt e.xolesslv
Plovided fOl load il'l1oact fee elGdits of Mlv kind vvith lcsoect thelcto. Any improvements
after which cledits MC ~lantcd nlnst be demon~trated to be consi~tent ~ith c'md fmiher the
Trall~portation Mastel Plc'm. Snch elcdit shall be. bMcd on the follo~illl! criteria.
.L. The aetnal eo~t of off ~ite Idlltcd improvemGltls by the applicant. Off-site
imDIovenlCnts di~ibk for a cIedit me those inll'Hovelllents Ploposed fm a bnilding.
Rev 01/2004 (Land Development Code)
......
...."
llite ~hieh Me Icaniled by the City to lleI ye the bnildin~'ll extelnal hiDll and ~enelal
Dttblic tlaffie in excellll of COnCttllenCy reanilcmcntll. Immovementll ~ot eli~ible for
a clcdit me tholle ooenrtional Cl'InMlecrnentll neeellllalv to llerve intclnal biDlI 01 to
Plovide M:fC MId adean.tte in~Iellll and c~ellll, llnch M acceleration and dece.ielation
lanell, tttln ImlCll, bafflc lli~l1alll, pa v in~ of exilltin~ ridrtll-of- ~ a y 01 pGlimctcI 10adll.
b The actual COllt 01 elltim.ttcd eOllt of imPlovelllentll bMcd on Iecent bid llhect
information o[the City 01 Connty ~ith IellPcet to thM POI tion of on-llite Ioadll vvhieh
eleMell excellll capacity for ~cnelal pttblie traffic.
.2:. The eontlibntion of IMld, money 01 lleI v ieell by the applicant fOl off-llite
imPlo velllentll to the load llylltcm and for imPlovementll to on-llite Ioadll vvhieh ele.tte
cxecllll capacity fOI City 01 COttlrty 10adll. No load impact fee Glcditllllhall be. ~lanted
for implovementll to lIt<\tc 01 COttnty Ioadll. The cledit foI land eonbibnted will be
bMcd on a 1'10 lata llhme of the applailled land valne of the pment pateel M
detelmined by atl MAl applalllelllelectcd MId paid foI by the apPlieMlt and approved
by the TRC or bMcd on llnch otheI method M may bc nlntnallv a~ecd npon by the
applicMlt MId the TRC. In the event thM the, TRC dillae;ICCll with the applaise,d valne,
thc City lllay lleleet cmd pay fol anothel apPlaille.I and the Clcdit shall be an anlOtlnt
canal to the avelae:e of the t~o appraillak
1... No cledit llhall exceed the amonnt o[the load impact fee Mllellsed nndel Sections 21-
323.03,21-323.040121 323.05 above.
1:L The Mllonnt of the Clcdit shall be dctelmined by the TRC; plovided, ho~eveI, thM the
detellllinMioll nu\y be appealed to the City ConnciL whose decision shall bc final and
bindine; on the applicant.
f..:. An y eledit illsncd pnlsnant to thill Section may be tut111lfclled by the applicant to any
sneeeSSOl in intaest of the moperty. Cleditll may not be tIMlsfclled to any otheI properly
~ithont apploval ofihe Citv Cotmdl.
4:. Plevionll development a~eCnlents ~helein volnnta1v load impact fees were spceified MId
paid shall be bindin~ M to.my bnildinl! pcrmit illlltled, on 01 before PebltlaI y 1. 2004, onl.md
sttbiect to the development al!lCement.
f..:. Notvvithlltandine; the elitelia specified helcin, ifany o[the develoPnlent a~leements listed
in Section 21-323.07 Plovide thM crcdits a~a1nst futttle lOad impact fees enacted by the City
~ill bc I!1Mlted fOl specified eonhibutions o[land, money 01 services fOI implovements to
the lOad lIystem, such Cleditll al!ainst the impact fee shall be I!lanted on thc bMill prOvided
for in snch al!l cements.
[ The City may, M itll sole diseletion, prOvide a eMh lcimbmsenlcnt in liw of the cledit
prOvided by this Section. The eMh Ieimhmsenlerrt shall be bMed npon the elitclia
establishcd by this Section. The amonnt ofthc cash leim:bnlllemcnt shall be detelmined by
the TRC; plovided, hOvvcveI. thM the detelmination may be appealed to thc Citv ConuciL
whose dceision shall be final MId bindinl! on thc applicant.
Rev 01/2004 (Land Development Code)
'-"
.....,
21-323.97 - "Vested lit!:hts
a.
It is not thc intcnt ofthis Section to abro~Me, diminish 01 modify the rit!:hts of arlv ocr sons
~~~ ~~cne vested ricl.lts PtlIsnant to a valid t!Oyelll111cntal act ofthe City. An aooli~;lt nlay
DetItron the Citv Council fur a vested rilthts deteunillMion which would exemot the aoolican~
from the Olovisions of this Section. Snch octition shall be- evalncrted by thc Citv A~OlllC}
and a recommendation ther con sttbmi tte-d to the Cit y Co me-il bascd on t11~ fullo w i~t!: CI i tcr ia.
L. Thcre cxists a valid, nnexpired t!over!l1nental act oft11e City cntthorizint!: the bnilding
for which a certifieMc of ocenoaney is sOtlt!'ht.
b Expcndittlles or oblil!Mions made or incmrcd in rdiltllee uoon the cntthOlizint!; act ate
Icason.!ble fur thc fee re(mircd by Section 21-J2J.OJ.
.1. ThM it wOtlld be ine(mitable to deny the aoplieant the ooportnnitv to oecup y a
DIeviouslv aODIovcd bnildinl! nnder the conditions of the previous aODIoval b}
Ieatlirint!: the aoplieant to comoly with the rcauirements ofthis Section.
.!2.. The City specifically ackll"wledl!es thc cxistenee and validitv of vatious devdooment
at!'leell1ents on file in the Citv Clerk's office.
21-323.98 - ExemDtions
The followinl! shall be exempt from oaylllent of the road imoact fees.
~ Those buildinl!s which have been issued a ecrtificMe of occupancy DIioI to Febrtlat y 1,2004,
O1ovided that the forel!oinl! shall not create arl exemption from this Section as it relates to
increases in the sauarc f"otat!;e of at'lv such buildinl! fuotprirtl.
.!2.. rttblidy owncd and "pcrMcd buildint!;s used fur t!eneral t!;overnmental pmooses, indudin~
Dttblic schools, libraries, c"mmunitv ccnters arId similar tltX-suoDortcd str tlctmes.
f..:. Duildinl!s owned by a frMernal. benevolent. eharit.!ble, deenlOSynary, philarlthropie,
altrtlistie, civic, comnltlnity, vcteran, edtteMional or other n"norofit ort!;anizMion.
g.. Additions to or expansions of sinl!le-fanlilv residential bnildinl!s.
21-323.99 - SeDaute account to be ke{)t
The road impact fce collected by the Citv pmsnant t" this Article shall be kept separMe from other
revGlltle of the City. Funds withdrawn flom this account must be nsed s"lelv in accordance with the
pro v isi"ns "fthis Article. The disbmsal ,,[such funds shall reauire the aPDIO val ofthe City Council.
21-323.19 - '."'lhen fee due
Except as prOvided for in Scction21-J2J.05 and 21-J2J.ll herein, the road impact fce shall be due
Rev 01/2004 (Land Development Code)
~
..",.,
and payabk at the time of issuance ofthe buildin~ PCllllit fol a 1'I.evv buildin~.
21-323.11 - Use of funds
11. The funds colkGtcd by leason of Gstablisnmcnt ofthG lOad impact fGe in aceoldance vvith
this Artide shall be used sold y fOl the pmpOSG of p1.ml1iH~. aecmisition. GXpanSiOll and
dCvdopmcnt of off-site immOvCmeltlS to the load system detelmined to be ~ccded to offset
thc impacts of nc vv dc v dopment I'\i ithin the Cit y. indudill~ but not limited to.
L COllidol stndics and envil0nfilGntal assessments.
~ Desi~Il and eOIlstttlction plan prcPa1atioll.
.1. Ri~ht-of-I'\iay aeCluisitioll. indudin~ k~al fces.
1" The const! tlction of ne vv tin on~h lanes.
~ The eonstrtletion ofnGI'\i blid~es.
l.. The eonstluetioll of nel'\i drailla~e facilities 111 eoninnction vvith Hevv load
eonstl tlction.
~ The pmehase and iIlstalllttion oftlaffie si~naliz:lttion.
.2.:. The eonstrtletion ofncvv Gt11bs. nlcdia11S and shouldels.
ill Rc1oelttiIl~ utilities to aceommod.rte nel'\i load Gonst! tletion.
lL The pa mient of debt seIv iGes inculI ed ful conlolctioll of the abo v c-listed use of
funds.
~ All funds shall be used in a ma1l1lel consistent vvith the ptineipks set forth in the Florida
Stltttltes and Gase lal'\i and othGr vv ise Gonsistent vv ith alII eClttir emelrts of the Constitutions of
the United States a1Id the State ofPI01ida. Said funds shallllot be used to maintain 01 ICpair
any loads.
f..:. Atlv funds 011 deposit not imnledi.rtc1y nCeeS5a1 y fur expenditme shall be invested in
interest-bea1in~ accounts. All income delived shall be deposited in the Road I::l:1lpaet Pee
Account. Applicants shall not rGeeivG a Gledit for 01 be entitled to interest from the
investment of funds. except as Plovidcd iusttbscetion "d".
Q.,. Atlv funds not expended 01 enenmbered six (6) yea1S flom the dltte the road impaet fee I'\ias
oaid shall. upon appliGlttioIl ofthe fce payer and proof OfpamieIlt. be letmned I'\i ith intelest
ltt thG r.rte of six PGlcent (G%>) pcr annt.m. if snch funds I'\iere not expended 01 encnmbcled
on the dltte the City I eed v es the application.
Rev 01/2004 (Land Development Code)
'-"
..."""
21-323.12 - Penalties fOJ offenses
~ kq.ttiQ~' 6[ (hi' A, tic k ,hMl c6l1,1itut< . mi.delhCMl61 wror e<>bIG in "",em """cc with the Cit~
~~~~ ~r ~; em initu'lctioll 01 othc,1 kgal or cCltlitabk Idief ill d'lG CilGtlit Comt auinst Ctllv PGI1\OI
violatin~ Hli1\ Article.. 01 by bodl civil initlnGtivc' Ctl'ld c'liminal rdief.
SECTION 21-324 - WATER SYSTEM EXTENSION
21-324.01 - Intent: Purpose: Basis
a. The City of Edgewater. herein referred to as the "City". as the owner and operator of the
water system. hereinafter referred to as the "Edgewater water system" or the "City water
system". hereby established this extension policy for the purpose of creating a uniform
method of determining the capital charges to be borne by property owners. builders or
developers within the water service area to defrav or partially defray the cost of an on-site
water distribution system. the allocable share of an off-site water distribution system and the
allocable share of treatment plant costs. The City declares that this extension policy has as
its goal the establishment of a uniform method of computing or determining such charges
to the end that all such charges shall be nondiscriminatory among consumers in the area and
shall be applied as nearly as possible with uniformity to all consumers or prospective
consumers within the present or future seryice area.
21-324.02 - Availability
The provisions ofthis extension policy are available to consumers and property owners throughout
the water service area ofthe Edgewater water system which shall allow the City to recover operating
costs and expenses. required debt service. contributions to renewal and replacement funds and
allocations from the general revenue fund for costs reasonably related to the water system. The term
"water service area" as used herein is that area defined as the City's water service area in the
adopted Comprehensive Plan of the City of Edgewater. as may be amended from time to time.
21-324.03 - On-Site Facilities
a. Each developer. owner or builder (hereinafter referred to as "developer") shall be
responsible for the design. installation. inspection and testing ofthe complete water system
located in the streets or easements adioining or within the boundaries of the developer's
property.
b. The term "complete water system" as used herein includes. but is not limited to all
component parts of a water distribution system. including pipes. valves. fittings. hydrants
and all appurtenances as shown upon the approved design of such water distribution svtem.
~ In the event the City requires the installation of oversized lines or facilities designed to
provide service for other properties. then the City shall pay for the cost of such oversizing
by means of a direct cash payment by the City to the developer or a credit against water
capital charges otherwise to be paid by the developer. The limited size of the developer's
Rev 01/2004 (Land Development Code)
......
""""
property for which service has been requested may indicate to the City the desirability of
having the City design and install the water distribution system. In such event. the City
reserves the right to compute the estimated cost of such extension and to require the
developer to pay such cost of construction in lieu ofthe developer's installation ofthe water
distribution system.
SECTION 21-325 - WATER CAPITAL CHARGES
21-325.01 - Intent: Purpose: Basis
a. The intent of this Section is to establish charges for the purpose of compensating the City
for costs incurred in providing water treatment facilities and in extending water distribution
and transmission lines to a point of reasonable availability for connection to the City water
system. The charges shall be computed on the basis of real property use. zoning and size in
approximate proportion to the benefits received. The determination of the point of
reasonable availability for connection to the City water system shall be determined in
accordance with policies from time to time established by the City. As set forth in this
Section. the developer may incur additional charges and expenses in order to obtain water
service. which charges and expenses are not defrayed by its payment of water capital
charges. Nothing contained in this Section shall be construed to obligate the City to extend
water services to any lands within its water service area.
b. The water capital charge shall be established by resolution of the City Council. Those
persons. corporations or entities which have previously prepaid the existing water connection
charge or who have entered into an agreement with the City providing credits against the
water connection charge shall be exempt from paving this water capital charge. The amount
of credit shall not exceed the amount prepaid or the approved credit authorized in the
developer's agreement.
c. The water capital charge shall be paid prior to the execution by the City of the FDEP
construction application. but in no event later than the issuance of the building permit.
d. Requested decreases and revised charges.
.1. An applicant mav submit data and other information on actual usage. anticipated
usage. peak: load requirements or a combination of the foregoing to the Director of
Environmental Services (hereinafter referred to as "Director") to support a requested
decrease in the total equivalent residential unit value. The Director may use this
information to determine a revised value. which mav be less than or greater than that
established by resolution of the City Council. and which will be used to determine
a revised water capital charge. In either case. the applicant shall pay the revised
water capital charge instead of the water capital charge established herein.
2. Alternatively. an applicant may pay the water capital charge as established by the
City and. after one (1) year of operation. submit one (1) year's data on actual usage
to the Director for review. The Director may use this information to determine a
total ERU value. which may be less than or greater than that established by the City
Rev 01/2004 (Land Development Code)
....,
....,
and which will be used to determine a revised water capital charge. If the applicant
desires to use this alternative method of calculation. the applicant must advise the
Director of such determination prior to the payment ofthe water capital charge.
21-325.02 - Oblil!ations of the City
a. The City shall maintain copies of this extension policy available for the inspection of any
property owner. developer. builder or prospective consumer desiring information regarding
all elements of the cost of connecting to the water facilities of the City. Such copies shall
be maintained at the general office of the Edgewater water system.
b. The City shall maintain as-built information on its water facilities in the office of its
designated representatives for the purpose of providing reasonable information concerning
the location of its water facilities.
c. The City shall install all meters upon the request of prospective consumers. provided that all
fees and charges as described herein and the established meter installation fees have been
paid in accordance with the provisions of the extension policy.
d. In instances where the City undertakes the installation of water distribution lines at the cost
and expense ofthe developer in lieu ofthe developer's installation of such facilities. the City
will provide laterals for water service to a developer's lot line ready for plumber's hookup
and the installation of meters.
21-325.03 - Oblil!ations of DeveloDer
It shall be the developer's obligation to furnish to the City accurate information with regard to
matters of engineering. construction of buildings and dwellings and proposed densities. Developers
who increase their density factors and/or consumption requirements during the course of
construction of the project are exposed to an adjustment in their hydraulic share for off-site facilities
and/or an increase in connection charges applicable to the developer's project. The developer is
responsible for errors or changes in engineering information furnished to the City when such error
or change results in increased cost to the City for any construction which the City may undertake
in connection with installing water distribution facilities or which could necessitate a new design
or redesign of water distribution plans.
21-325.04 - Developer Al!reements Required
An owner. builder or developer may be required to execute a developer's agreement setting forth
such reasonable provisions governing a developer's and the City's responsibility pertaining to the
installation of service facilities: the interconnection ofplumber's lines with the facilities ofthe City:
the manner and method of payment of contributions in aid of construction: matters of exclusive
service rights by the City: standards of construction or specifications: time commitments to take and
use water services: engineering errors and omissions: rules. regulations and procedures ofthe City:
prohibitions against improper use of the City's facilities: and other matters normally associated with
and contained in developer agreements. Nothing contained in such developer agreements shall be
in conflict with this extension policy or the City's ordinances and resolutions governing rates. fees
Rev 01/2004 (Land Development Code)
"-'
..".,
and charges for services and other requirements regarding the rendition of water utility service. The
City may require that the developer. in addition to the contribution formulas set forth herein. bear
the cost of the preparation of developer agreements by independent counselor persons qualified to
draft and prepare such agreements. Said charge shall not exceed that amount normally to be
contemplated for such services.
21-325.05 - Easements and Rieht-of-Way
As a prerequisite to the construction of any water distribution system proposed to be connected to
the facilities of the City. the developer shall grant to the City easements or rights-of-way
corresponding with the installation ofthe proposed facilities. Such grant or conveyance shall be in
a form satisfactory to the City Attorney. All such easements or rights-of-way shall be in a form
acceptable to the City. Such conveyances when located on the property of the developer shall be
made without cost to the City. The City reserves the right to require such easement or right-of-way
to the point at which the meter is proposed to be installed or at the point of deliver of service. being
the point at which the facilities ofthe City join with the consumer's own installation.
21-325.06 - System Desien: Indeoendent Eneineers: City's Eneineer
a. The City shall recognize the design of water facilities prepared by a registered professional
engineer regularly engaged in the field of civil engineering. covering the design of a
developer's on-site water distribution system and any off-site facilities which may be
required by the City: provided. however. that each such design shall be fully subject to the
approval ofthe Director and shall conform in all respects to the criteria of the City governing
the installation of utility facilities ultimately to be accepted by the City for ownership.
operation and maintenance. In addition to other fees and charges. the City reserves the right
to charge a review fee commensurate with the cost to the City of reviewing such engineering
plans and furnishing to the developer's engineer various information regarding location and
criteria. Any such review fee shall be in accordance with resolutions adopted by the City
Council. All designs of water distribution facilities are at all times subject to the approval
of other agencies having jurisdiction over such design.
b. The City maintains a relationship with its consulting engineer to provide utility design
services to developers for the purpose of facilitating the design of a developer's on-site water
distribution system and anv off-site facilities which mav be required bv the City. Designs
prepared by the City's consulting engineer are acceptable to the City but are at all times
subject to the approval of any other governmental agencies having jurisdiction over the
subject matter of such design. The cost of plans prepared bv the Citv's consulting engineer
shall be borne by the developer. However. in such cases the developer will not be required
to pav the charge for review of such plans as provided for in subsection "a".
21-325.07 - Meter Installation and Connection Fees
a. The City shall charge to each prospective consumer requesting water service a meter
installation fee to defray the City's cost ofthe meter and meter appurtenances and the cost
of installation and related administrative and overhead costs. Such meter installation fee
shall be in accordance with the Meter Installation Fee Schedule established bv resolution of
Rev 01/2004 (Land Development Code)
'-"
....."
the City Council. The City will require the payment of such meter installation fee
concurrently with the request by prospective consumers for the meter installation. The meter
installation fee shall be charged only one time for the installation of a meter at anyone
location; provided. however. that requests to exchange existing meters for meters of a larger
size will result in a cost increase related to up sizing for the prospective consumer.
b. The City shall charge to each prospective consumer requesting connection to the City's
water service system a meter connection fee. Such meter connection fee shall be in
accordance with the Meter Connection Fee Schedule as adopted by resolution of the City
Council. Meter connection fees are minimum fees and assume that the consumer's facility
is ready for a meter set. The Director may assess such other fee as necessary to recover the
cost of meter connection.
21-325.08 - Inspection Fees
a. The City reserves the right to inspect the installation of all water distribution facilities
installed by a developer or developer's contractors. which facilities are proposed to be
transferred to the City for ownership. operation and control. Such inspection is designed to
assure the City that waterlines are installed in accordance with approved designs and are
further consistent with the criteria and specifications governing the kind and quality of such
installation. The City further reserves the right to be present at tests of component parts of
the water distribution system for the purpose of determining that the system. as constructed.
conforms to the City's criteria for ex filtration. infiltration. pressure testing. line and grade.
Such tests will be performed by the developer or developer's contractor but only under the
direct supervision of the City's engineer or authorized inspector.
b. The City shall charge an inspection fee based on inspection time ofthe subiect water facility
as installed by the developer. The City maintains full-time inspection availability. and the
cost for inspection services as set forth herein is and shall continue to be designed to defray
the actual cost of conducting such inspections and testing.
21-325.09 - Transfer of Contributed Property: Bills of Sale
a. Each developer who has constructed portions of the water distribution svstem on the
developer's own propertv or on other property with respect to anv required off-site facilities
shall. prior to interconnection with the City's existing facilities. convev such component
parts of the water distribution svstem free of patent and latent defects to the Citv bv bill of
sale in a form satisfactorv to the City Attorney. together with such evidence as may be
required by the City that the water distribution svstem is proposed to be transferred to the
City is free of all liens and encumbrances.
b. Any facilities in the category of consumer's lines or plumber's lines located on the discharge
side ofthe water meter or on the consumer's side ofthe point of delivery of service shall not
be transferred to the City and shall remain the property of the developer. a subsequent
owner-occupant or their successors and assigns. Such consumer's lines or plumber's lines
shall remain the maintenance responsibility of the developer or subsequent consumers.
Rev 01/2004 (Land Development Code)
--
,...""
~ The City shall not be required to accept title to any component part of the water distribution
system as constructed by the developer until the City has approved the construction of said
lines. accepted the tests to determine that such construction is in accordance with the criteria
established by the City and accepted for use by the FDEP and thereby has evidenced
acceptance of such lines for the City's ownership. operation and maintenance.
d. The developer shall maintain accurate cost records establishing the construction costs of all
utility facilities constructed by the developer and proposed to be transferred to the Citv.
Such cost information shall be furnished to the City concurrently with the bill of sale. and
such cost information shall be a prerequisite for the acceptance by the City ofthe portion of
the water distribution system constructed by the developer.
e. The City reserves the right to refuse connection and to deny the commencement of service
to any consumer seeking to be connected to portions of the water distribution system
installed by a developer until such time as the provisions ofthis section have been fully met
by the developer or developer's successors or assigns.
21-325.10 - Off-Site Facilities: Refundable Advances
a. There are properties within the City's water service area where the City does not have in
place the off-site water infrastructure facilities necessary to connect a developer's property
to the City water system. In these cases it may be necessary to undertake the extension of
water mains and pumping stations necessary to connect the developer's property with the
then terminus of the Edgewater water system in compliance with the City Water System
Master Plan. Nothing in this Article shall be construed to require the City to extend any such
off-site facilities to a developer's property or to enter into a refunding agreement or
reimbursement agreement should a developer or others elect to undertake any such
extension.
b. When a developer seeks water service for property for which the City does not have in place
the off-site water infrastructure facilities necessary to connect such property to the City
water system. the City may require. in addition to the contribution provisions set forth
herein. that the developer pay (without any credits against the applicable water capital
charges) the entire cost of any extension of off-site facilities necessary to connect the
developer's propertv with the then terminus of the Edgewater water system in compliance
with the Citv Water Svstem Master Plan.
~ As an alternative to the developer's payment of the entire cost of extension of such off-site
water facilities. the developer may request that the City and other property owners
potentially benefitted bv such extension enter into a funding or reimbursement agreement
to equitably allocate the cost of any such extension among the benefitted properties. which
agreement shall be in addition to the contribution provisions set forth herein. The City may
accept or reiect any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the City elects to accept such an agreement. it shall be on terms
and conditions acceptable to the City in its discretion.
d. Refunding agreement.
Rev 01/2004 (Land Development Code)
'-"
~
'-
1. As another alternative to the developer's pavrnent of the entire cost of extension of
such off-site water facilities, the developer may request that the City enter into a
refunding agreement whereby the refundable advance is made by the developer to
further temporarily defray the cost of any off-site extension of water mains and
pumping stations necessary to connect the developer's property with the then
terminus of the Edgewater water system in compliance with the City Water System
Master Plan. The City may accept or reiect any such proposed refunding agreement.
If the City elects to accept such a refunding agreement, it shall be on terms and
conditions acceptable to the City and shall be consistent with the requirements ofthis
subsection. Any such refunding agreement shall include the following as the
minimum provisions thereof:
ill The developer shall always be responsible for his hydraulic share ofthe cost
of such facilities, as determined by the City:
ill All amounts expended by the developer over and above the developer's
hydraulic share for off-site facilities, as determined by the City, shall be
refunded to the developer only if a refund agreement is entered into with the
City prior to the connection of the developer's property with the then
terminus of the Edgewater water system:
ill The refund agreement shall provide for a plan of refund based upon the
connection of other properties, to the extent of their hydraulic share, which
properties shall be served by the off-site facilities installed by the developer:
@ The City may limit the life of such refund agreement to a term of not more
than seven (7) years, after which time any portion of the refund not made to
the developer by the terms and conditions ofthe refund agreement will have
lapsed, and thereafter such refund agreement will be canceled:
W In no event shall a developer recover an amount greater than the difference
between the capitalized cost of such off-site improvements and the
developer's own hvdraulic share of such improvements:
ill The City shall not include any interest upon the refund of a developer's
advance:
,(gl If the City advances anv of the costs of such off-site facilities, the Citv shall
be reimbursed in full before any pavrnent is made to the developer:
.au The refunding agreement shall contain a sketch or legal description of the
benefitted properties: and
ill The refunding agreement shall be recorded in the public records of V olusia
County, Florida
Rev 0112004 (Land Development Code)
~
~
..
2. If the City enters into a refunding agreement as aforesaid then a developer or
property owner who makes use of such off-site facilities provided by another
developer under the terms of this section shall be required to pay the city for a
portion of the costs of such off-site facilities based upon his hydraulic share, as
determined by the City. In accordance with the terms of the refunding agreement
the City shall pay the appropriate share of such reimbursement to the developer who
initially funded the improvements: provided, however, that the payment will be
retained by the City in the event that the developer has been fully reimbursed by the
City or in the event that the developer has been fully reimbursed by the City or in the
event that the reimbursement obligation ofthe City has lapsed under the terms ofthe
refund agreement.
21-325.11 - Water Capital Charee Adiustment: Escalation
The basis for the water capital charge schedule set forth by resolution has been structured by the
City with regard to two major but variable factors. First the present level of construction costs of
water distribution and water treatment plant facilities: second, the treatment facilities and treatment
levels as prescribed by the State of Florida Department of Environmental Protection or other
governmental entities with jurisdiction. The City hereby declares that the schedule of water capital
charges shall be escalated based upon increases arising from these factors as set forth and identified
in the Engineering News Record (ENR) Construction Cost Index as established on January 1 of each
year. The water capital charges shall be automatically adjusted annually by the percentage change
in the ENR Construction Cost Index as established on January 1 of each year.
21-325.12 - Water Capital Charees for Consumers Outside City Limits
The water capital charges established herein, as from time to time adjusted pursuant to Section
325.11, shall be applicable only to consumers located within the corporate limits of the City. The
water capital charges for consumers outside the corporate limits ofthe City shall be the water capital
charges from time to time established by the City for consumers inside the corporate limits of the
City plus a surcharge equal to that surcharge established by resolution ofthe City Council.
21-325.13 - Availability of Copies of Policy
Copies ofthis extension policy shall be maintained at the Edgewater water svstem' s offices and shall
be available to all prospective consumers upon request either in person or bv mail. addressed to the
City.
SECTION 21-326 - SEWER SYSTEM EXTENSION
21-326.01 - Intent: Purpose: Basis
The City of Edgewater. hereinafter referred to as the "City", as the owner and operator ofthe sewer
system, hereinafter referred to as the "Edgewater sewer system" or the "City sewer system", hereby
established this extension policy for the purpose of creating a uniform method of determining the
capital charges to be borne by property owners, builders or developers within the service area to
defray or partially defray the cost of an on-site sewer system, the allocable share of an off-site sewer
Rev 01/2004 (Land Development Code)
...,.
...""
~.
system and the allocable shares oftreatment plant costs. The City declares that this extension policy
has as its goal the establishment of a uniform method of computing or determining such
contributions to the end that all such contributions shall be nondiscriminatory among consumers in
the area and shall be applied as nearly as possible with uniformity to all consumers and propective
consumers within the present or future service area.
21-326.02 - Availability
The provisions ofthis extension policy are available to consumers and property owners throughout
the service area of the Edgewater sewer system. which shall allow the City to recover operating
costs and expenses. required debt service. contributions to renewal and replacement funds and
allocations from the general revenue fund for costs reasonably related to the sewer system. The term
"service area" as used herein is that area defined in the adopted comprehensive plan of the City of
Edgewater. as may be amended from time to time.
21-326.03 - Aereements With Other Municipalities
The City may enter into an agreement with V olusia County or another municipality to provide
wholesale service so that the county or municipality may provide service to a developer outside the
City's service area. Such wholesale agreements shall be subi ect to sewer capital charges as provided
in this Article.
21-326.04 - On-Site Facilities
a. Each developer. owner or builder. hereinafter referred to as "developer". shall be responsible
for the design. installation. inspection and testing of the complete sewer system located in
the street or streets adioining or within the boundaries ofthe developer's property.
b. The term "complete sewer system" as used herein includes. but is not limited to. all
component parts of a sewage collection system. including gravity lines. force mains. pump
stations. valves and all appurtenances as shown upon the approved design of such sewer
system.
~ In the event the Citv requires the installation of oversized lines or facilities designed to
provide service for other properties then the City shall pav for the cost of such oversizing
by means of a direct cash paYment by the City to the developer or a credit against water
capital charges otherwise to be paid by the developer.
SECTION 21-327 - SEWER CAPITAL CHARGES
21-327.01 - Intent: Purpose: Basis
a. The intent of this Section is to establish charges for the purpose of compensating the City
for costs incurred in providing sewage treatment facilities. effluent disposal facilities and
pumping stations and extending sewage collection lines to a point of reasonable availability
for connection to the City sewer system. The charges shall be computed on the basis of real
propertv use. zoning and size in approximate proportion to the benefits received. The
Rev 01/2004 (Land Development Code)
~
'-'
...""
.'
'.
determination of the point of reasonable availability for connection to the City sewer system
shall be determined in accordance with policies from time to time established by the City.
As set forth in this Section. the developer may incur additional charges and expenses in order
to obtain sewer service. which charges and expenses are not defrayed by its payment of
sewer capital charges. Nothing contained in this Section shall be construed to obligate the
City to extend sewer services to any lands within its sewer system territory.
b. The sewer capital charge shall be established by resolution of the City Council. Those
persons. corporations or entities which have previously prepaid the existing sewer capacity
charges shall be exempt from paving this sewer capital charge. The exemption or credit
shall equal the amount pre-purchased.
c. The sewer capital charge shall be paid prior to the execution by the City of the FDEP sewer
construction application. but in no event later than the issuance of the building permit.
d. Requested decreases and revised charges.
1.:. An applicant may submit data and other information on actual usage. anticipated
usage. peak load requirements or a combination of the foregoing to the Director to
support a requested decrease in the total equivalent residential unit value. The
Director may use this information to determine a revised value. which may be less
than or greater than that established by resolution ofthe City Council. and which will
be used to determine a revised sewer capital charge. In either case. the applicant
shall pay the revised sewer capital charge instead of the sewer capital charge
established herein.
2. Alternatively. an applicant may pay the sewer capital charge as established by the
City. and after one (1) year of operation. submit one (1) year's data on actual usage
to the Director for review. The Director may use this information to determine a
total ERU value. which may be less than or greater than that established by the City.
and which will be used to determine a revised sewer capital charge. Ifthe applicant
desires to use this alternative method of calculation. the applicant must advise the
Director of such determination prior to the payment of the sewer capital charge.
21-327.02 - Oblieations of City
a. The City shall maintain copies of this extension policy available for the inspection of any
property owner. developer. builder or prospective consumer desiring information regarding
all elements of the cost of connecting to the sewer facilities of the City. Such copies shall
be maintained at the general office of the Edgewater sewer svstem.
b. The Citv shall maintain as-built information on its sewer facilities in its office or in the
office of its designated representatives for the purpose of providing reasonable information
concerning the location of its sewer facilities.
c. In instances where the City undertakes the installation of sewer lines at the cost and expense
ofthe developer in lieu ofthe developer's installation of such facilities. the City will provide
Rev 01/2004 (Land Development Code)
~
'-"
.....,
"
"
lines for sewer service to a developer's lot line ready for plumber's hookup and the
installation of meters.
21-327.03 - Obli!!ations of Developer
it shall be the developer's obligation to furnish to the City accurate information with regard to
matters of engineering. construction of buildings and dwellings and proposed densities. Developers
who increase their density factors and/or discharge requirements during the course of construction
ofthe project are exposed to an adjustment in their proportionate share for off-site facilities and/or
an increase in capital charges applicable to the developer's project. The developer is responsible
for errors or changes in engineering information furnished to the City when such error or change
results in increased cost to the City for any construction which the City may undertake in connection
with installing sewer facilities or which could necessitate a new design or redesign of sewer system
plans.
21-327.04 - Developer A!!reements Required
An owner. builder or developer may be required to execute a developer's agreement setting forth
such reasonable provisions governing a developer's and the City's responsibility pertaining to the
installation of service facilities: the interconnection of lines with the facilities of the City: the
manner and method of payment of contributions in aid of construction: matters of exclusive service
rights by the City: standards of construction or specifications: time commitments to take and use
sewer service: engineering errors and omissions: rules. regulations and procedures of the City:
prohibitions against improper use ofthe City's facilities: and other matters normally associated with
and contained in developer agreements. Nothing contained in such developer agreement shall be
in conflict with this extension policy or the City's ordinances and resolutions governing rates. fees
and charges for services and other requirements regarding the rendition of sewer utility service. The
developer. in addition to the contribution formulas set forth herein. shall bear the cost of the
preparation of developer agreements by independent counselor persons qualified to draft and
prepare such agreements. Said charge shall not exceed that amount normally to be contemplated
for such services.
21-327.05 - Easements and Ri!!hts-of-Wav
As a prerequisite to the construction of any sewer system proposed to be connected to the facilities
ofthe City. the developer shall grant to the City easements or rights-of-way corresponding with the
installation of the proposed facilities. All such easements or rights-of-way shall be in a form
acceptable to the City. Such grant or convevance shall be in a form satisfactorv to the City Attorney.
Such convevances when located on the property of the developer shall be made without cost to the
Citv.
21-327.06 - System Desi!!n: Independent En!!ineer: City's En!!ineer
a. The City shall recognize the design of sewer facilities prepared by a registered professional
engineer regularly engaged in the field of civil engineering. covering the design of a
developer's on-site sewer system and any off-site improvements which may be required by
the City: provided. however. that each such design shall be fully subject to the approval of
Rev 01/2004 (Land Development Code)
'(
"-"
....,
.'
~,
the Director and shall conform in all respects to the criteria of the City governing the
installation of utility facilities ultimately to be accepted by the City for ownership, operation
and maintenance. In addition to other fees and charges, the City shall charge a review fee
commensurate with the cost to the City of reviewing such engineering plans and furnishing
to the developer's engineer various information regarding location and criteria. Any such
review fee shall be in accordance with resolutions approved by the City Council. All designs
of sewer facilities are at all times subject to the approval of other agencies having
jurisdiction over such design.
b. The Citv maintains a relationship with its consulting engineer to provide utility design
services to developers for the purpose of facilitating the design of developer's on-site sewer
system and any off-site improvements which may be required by the City. Designs prepared
by the City's consulting engineer are acceptable to the City but are at all times subject to the
approval of any other governmental agencies having jurisdiction over the subject matter of
such design. The cost of plans prepared by the City's consulting engineer shall be borne by
the developer. However, in such cases the developer will not required to pay the charge to
review of such plans as provided for in subsection "a".
21-327.07 - Inspection Fees
a. The City reserves the right to inspect the installation of all sewer facilities installed by a
developer or developer's contractors, which facilities are proposed to be transferred to the
City for ownership, operation and control. Such inspection is designed to assure the Citv
that sewer lines are installed in accordance with approved designs and are further consistent
with the criteria and specifications governing the kind and quality of such installation. The
City further reserves the right to be present at tests of component parts of the sewer system
for the purpose of determining that the system, as constructed, conforms to the City's
criteria. Such tests will be performed by the developer or developer's contractor but only
under the direct supervision of the City's engineer or authorized inspector.
b. The City shall charge an inspection fee based on inspection time ofthe subject sewer facility
as installed by the developer. The City maintains full-time inspection availability, and the
cost for inspection services as set forth herein is and shall continue to be designed to defray
the actual cost of conducting such inspections and testing.
21-327.08 - Transfer of Contributed Property: Bills of Sale
a. Each developer who has constructed portions of the sewer svstem on the developer's own
propertv or other property with respect to any required off-site facilities shalL prior to
interconnection with the City's existing facilities, convey such component parts ofthe sewer
system to the City free of patent and latent defects by bill of sale in a form satisfactorv to the
City Attorney, together with such evidence as may be required by the City that the sewer
system proposed to be transferred to the City is free of all liens and encumbrances.
b. Any facilities in the category of consumer's lines located on the consumer's side ofthe point
of service shall not be transferred to the City and shall remain the property ofthe developer,
a subsequent owner-occupant or their successors and assigns. Such consumer lines shall
Rev 01/2004 (Land Development Code)
"
'f
'-'"
""""
~
remain the maintenance responsibility of the developer or subsequent consumers.
f..:. The City shall not be required to accept title to any component part of the sewer system as
constructed by the developer until the City has approved the construction of said lines,
accepted the tests to determine that such construction is in accordance with the criteria
established by the City and accepted for use by the FDEP and thereby has evidenced
acceptance of such lines for the City's ownership, operation and maintenance.
d. The developer shall maintain accurate cost records establishing the construction costs of all
utility facilities constructed by the developer and proposed to be transferred to the Citv.
Such cost information shall be furnished to the City concurrently with the bill of sale, and
such cost information shall be a prerequisite for the acceptance by the City ofthe portion of
the water distribution system constructed by the developer.
~ The City reserves the right to refuse connection and to deny the commencement of service
to any consumer seeking to be connected to portions of the sewer system installed by a
developer until such time as the provisions of this section have been fully met bv the
developer or the developer's successors or assigns.
21-327.09 - Off-Site Facilities: Refundable Advances
a. There are properties within the City's sewer service area where the City does not have in
place the off-site sewer infrastructure lines and facilities necessarv to connect a developer's
property to the City sewer system. In these cases it may be necessary to undertake the
extension of sewage lines and facilities necessary to connect the developer's property with
the City sewer system and the primary interceptor force main in compliance with the City
Sewer Master Plan. Nothing in this Article shall be construed to require the City to extend
any such off-site lines and facilities to a developer's property or to enter into a refunding
agreement or reimbursement agreement should a developer or others elect to undertake any
such extension of lines and facilities: provided, however, that whenever a developer or
others undertake any such extension of off-site lines and facilities the City may require the
installation of oversized lines or facilities to provide service for other properties, in which
case the City shall be responsible for the cost of any such oversized lines or facilities to the
extent and in the manner provided for in Section 21-326.04 hereof.
b. When a developer seeks sewer service for propertv for which the Citv does not have in place
the off-site sewer infrastructure lines and facilities necessary to connect such propertv to the
City sewer system, the City may require, in addition to the contribution provisions set forth
herein, that the developer pay (without any credits against the applicable sewer capital
charges) the entire cost of any extension of off-site sewage lines and facilities necessary to
connect the developer's property with the City sewer system and its primary interceptor
force main in compliance with the City Sewer System Master Plan, subiect to the provisions
of Section 21-326.04 and 21-326.09 regarding oversized lines and facilities.
c. As an alternative to the developer's payment of the entire cost of extension of such off-site
sewer lines and facilities, the developer may request that the City and other property owners
potentially benefitted by such extension enter into a funding or reimbursement agreement
Rev 01/2004 (Land Development Code)
. '
,.
..
~
...
to equitably allocate the cost of any such extension among the benefitted properties. which
agreement shall be in addition to the contribution provisions set forth herein. The City may
accept or reiect any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the City elects to accept such an agreement. it shall be on terms
and conditions acceptable to the City in its discretion.
d. Refunding agreement.
1:. As another alternative to the developer's payment of the entire cost of extension of
such off-site sewer lines and facilities. the developer may request that the City enter
into a refunding agreement whereby the refundable advance is made by the
developer to further temporarily defray the cost of any off-site extension of sewage
lines and facilities necessary to connect the developer's property to the City sewer
system and the primary interceptor force main in compliance with the City Sewer
System Master Plan. The City may accept or reiect any such proposed refunding
agreement. If the City elects to accept such a refunding agreement. it shall be on
terms and conditions acceptable to the City and shall be consistent with the
requirements of this subsection. Any such refunding agreement shall include the
following as the minimum provisions thereof:
W The developer shall always be responsible for his proportionate share of the
cost of such lines and facilities. as determined by the City:
.au All amounts expended by the developer over and above the developer's
proportionate share for facilities. as determined by the City. shall be refunded
to the developer only if a refund agreement is entered into with the City prior
to the connection of the developer's property with the primarv interceptor
force main:
~ The refund agreement shall provide for a plan of refund based upon the
connection of other properties to the extent of their proportionate share.
which ?roperties will be served by the facilities installed bv the developer:
@ The Citv may limit the life of such refund agreement to a term of not more
than seven (7) years. after which time anv portion of the refund not made to
the developer by the terms and conditions ofthe refund agreement will have
lapsed. and thereafter such refund agreement will be canceled:
ill In no event shall a developer recover an amount greater than the difference
between the capitalized cost of such improvements and the developer's own
proportionate share of such improvements:
ill The City shall not include any interest upon the refund of a developer's
advance:
(gl lithe City advances any oithe costs of such lines and facilities. the City shall
be reimbursed in full before any payment is made to the developer:
Rev 01/2004 (Land Development Code)
.,.
,......
'twill'
,-
ilil The refunding agreement shall contain a sketch or legal description of the
benefitted properties: and
ill The refunding agreement shall be recorded in the public records of Vol usia
County. Florida.
2. If the City enters into a refunding agreement as aforesaid. then a developer or
property owner who makes use oflines and facilities provided bv another developer
under the terms of this section shall be required to pay the City for his proportionate
share of the costs of such facilities. as determined bv the City. In accordance with
the terms of the refunding agreement. the City shall pay the appropriate share of such
reimbursement to the developer who initially funded the improvements: provided.
however. that the payment will be retained bv the City in the event that the developer
has been fully reimbursed bv the City or in the event that the reimbursement
obligations of the City has lapsed under the terms of the refund agreement.
21-327.10 - Sewer Capital Char2:e: Adjustment: Escalation
The basis for sewer capital charge schedule set forth herein has been structured bv the City with
regard to two (2) maior but variable factors. First. the present level of construction costs of sewer
collection and treatment plant facilities: second. the treatment level as prescribed bv the State of
Florida Department of Environmental Protection or other governmental entities with iurisdiction.
The City hereby declares that the schedule of sewer capital charges set forth herein shall be escalated
based upon increases arising from these factors or as set forth and identified in the Engineering
News Record (ENR) Construction Cost Index or CPr. The sewer capital charges shall be
automatically adiusted annually bv the percentage change in the ENR Construction Cost Index as
established on January 1 of each year.
21-327.11 - Sewer Capital Char2:es for Consumers Outside City Limits
The sewer capital charges established herein. as from time to time adiusted pursuant to Section 21-
327.10. shall be applicable only to consumers located within the corporate limits of the City. The
sewer capital charges for consumers outside the corporate limits of the City shall be the sewer
capital charges from time to time established bv the City for consumers inside the corporate limits
of the City plus a surcharge equal to that surcharge established bv resolution of the City Council.
Rev 0112004 (Land Development Code)