2003-O-33
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ORDINANCE NO. 2003-0-33
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) ARTICLE XVI (FIRE & HAZARD
PREVENTION), BY REPEALING SECTION 21-251 (FIRE
IMPACT FEES); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN 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 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, Article XVI (Fire & Hazard Prevention), Section 21-251 (Fire Impact Fees)
should be repealed and restated in the modified Article XVII (DevelopmentlImpact Fees) which
reflects a consolidation of all fees and charges related to construction and development into the Land
Development Code.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater,
Florida:
Shtl~k Hl10ngh passages are deleted.
Underlined passages are added.
2003-0-33
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE),
ARTICLE XVI (FIRE & HAZARD PREVENTION) BY
REPEALING SECTION 21-251 (FIRE IMPACT FEES) OF
THE CODE OF ORDINANCES, CITY OF EDGEW ATER,
FLORIDA.
Chapter 21 (Land Development Code), Article XVI (Fire & Hazard Prevention) of
the City of Edgewater, Florida is hereby amended by repealing Section 21-251 (Fire
Impact Fes) as set forth in Exhibit "A" which is attached hereto and incorporated
herein.
PARTB.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
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 D.
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 B through F shall not be codified.
Snuck tmemgh passages are deleted.
Underlined passages are added.
2003-0-33
2
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place tlpon adoption on March 15. 2004.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, 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 Councilman Brown and Second by Councilwoman Rhodes, 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
Shuck tmOtlgh passages are deleted.
Underlined passages are added.
2003-0-33
3
PASSED AND DULY ADOPTED this 5th day of January, 2004.
ATTEST:
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
Shaektlnenghpassages we deleted.
Underlined passages are added.
2003-0-33
CITY COUNCIL OF THE
CITY OF EDGEWWAA%TER, FLORIDA
By:
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 h .
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EXHIBIT" A"
ARTICLE XVI
FIRE & HAZARD PREVENTION
SECTION 21-210 - GENERAL PROVISIONS
21-210.01 - Purpose .... .............................................................................................. XVI-1
21-210.02 - Adoption of Codes ................................................................................ XVI-1
21-210.03 - Amendments to Codes ........ .................................................................. XVI-1
21-210.04 - Access to Buildings by Fire Apparatus ................................................. XVI-1
SECTION 21-220 - HAZARDOUS MATERIALS
21-220.01 - Cleanup and Abatement ...................... .................................................. XVI-2
21-220.02 - Cost Recovery, Penalties, other Remedies ............................................ XVI-3
SECTION 21-230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC.
21-230.01 - Burning or Burying Garbage, other Refuse ........................................... XVI-3
21-230.02 - Burning of Trash and Ground Cover ..................................................... XVI-3
21-230.03 - Bum Permit Required............................................................................ XVI-4
SECTION 21-240 - WATER DISTRIBUTION
21-240.01 - Water Distribution Systems ..................... .............................................. XVI-4
SECTION 21-250 - FIRE FLOW REGULATIONS & HYDRANTS
21-250.01 - Intent...................................................................................................... XVI-5
21-250.02 - Applicability ............................................................................ .............. XVI-5
21-250.03 - Required Fire (Water) Flow .................................................................. XVI-5
21-250.04 - Fire Hydrants ......................................................................................... XVI- 7
SECTION 21-251- FIRE Il\IPACT FEES
21- 251. 0 1 IntGl1t, rUIpO~C, DMi~ ............................................................................ XVI- 7
21-251.02 - Inlpositiol1 of PCGS ...................................... ........................................... X\TI-7
21-251.0J - Pec~ .... .................................................................................................... X\TI-8
21-251.04 - In-Kind Conttibutions, Rdu~a1 of Adjust1nmt, COvenants .................. XVI-8
21-251. 05 - Re v iew of P GG~ ...................................................................................... XVI-I)
21- 251. OG - Tr t1.st fund ............................................................................................. XvTI-I)
21-251.07 - Co1kGtion, Adnlinistrative Pees and Use offul1ds ............................... XVI-9
21-251.08 - Refund ................................................................................................. X\TI-10
21 251.01) Cr edits . ............. ......... .......... ...... .................... ...................................... X\TI-11
21-251.10 - EXGmptiol1s ........... ..... .............................. ............................................ X\TI-12
21-251.11 - AppGa1~ ......................... ..... .................................................................. )(\TI-12
21-251.12 - LiGl'l1/~.vithho1din~ OfrCIlllit~ f()l N()n-raymcnt .................................. XVI-12
21-251.lJ - Violations, Relief ................................................................................ XVI-lJ
Article XVI
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ARTICLE XVI
FIRE & HAZARD PREVENTION
SECTION 21-210 - GENERAL PROVISIONS
21-210.01 - Purpose
The purpose of this Article is to promote, protect and improve the health, safety and welfare of the
citizens of the City by adoption of nationally recognized codes and standards as well as following
accepted industry (hazardous materials, water distribution, etc.) guidelines.
21-210.02 - Adoption of Codes
The following standards are hereby adopted and incorporated by reference as the fire and life safety
standards of the City:
a. Florida Fire Prevention Code.
21-210.03 - Amendments to Codes
The following are hereby amended to read as follows:
a. Section 1-8, Board of Appeals; Florida Fires Prevention Code, is repealed and replaced with
Article VIII (Administration), Section 21-87 (Construction Regulation Board) of the City
of Edgewater Land Development Code.
21-210.04 - Access to Buildings by Fire Apparatus
a. All buildings (except one and two family dwellings) constructed, expanded, relocated or
substantially changed after adoption of this Article, shall be accessible to Fire-Rescue
Department apparatus by way of access roadways with all-weather driving surfaces of not
less than twenty feet (20') of unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads of fire apparatus and having a minimum vertical
clearance of thirteen feet six inches (13'6").
b. The required width of access roadways shall not be obstructed in any manner, including the
parking of vehicles.
c. The Fire Chief or his/her designee shall have the authority to require an increase in the
minimum access widths where they are inadequate for fire or rescue operations.
d. Where security gates are installed, they shall be maintained and a means for emergency
operation and entry shall be provided and maintained as approved by the Fire Chief or
his/her designee.
SECTION 21-220 - HAZARDOUS MATERIALS
21-220.01 - Cleanup and Abatement
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a. The Fire-Rescue Department is hereby authorized to take such steps deemed necessary to
cleanup, remove or abate the effects of any hazardous substances discharged upon or into
public or private property or facilities located within the corporate limits of the City.
b. Any person who, without legal justification, discharged, participates or assists in the
discharge or authorizes the discharge of any hazardous substance that requires cleanup,
removal or abatement by the Fire-Rescue Department or its contractors shall be liable to the
City for the costs incurred by the City in the cleanup, removal or abatement of such
discharge. In the event that more than one (I) person has made a discharge, participated in
the discharge or authorized the discharge of a hazardous substance, each person shall be
jointly and severably liable for costs incurred in the cleanup, removal or abatement of such
discharge.
c. The Fire-Rescue Department shall keep a detailed record of any costs incurred in the
cleanup, removal or abatement of discharge of any hazardous substance.
21-220.02
Cost Recovery, Penalties, other Remedies
a. Any person responsible for discharging, participating or assisting in the discharge or
authorizing the discharge of a hazardous substance shall reimburse the City for the full
amount of all costs associated with the cleanup, removal or abatement of any such discharge
within a period of thirty (30) days after receipt of an itemized invoice for such costs from
the City.
b. The remedy provided for in this section shall be supplemental and in addition to all other
available remedies at law and equity.
c. Funds recovered pursuant to this section shall be allocated to the city departments that
incurred costs in the cleanup, removal or abatement of the discharge of a hazardous
substance. It is the intent of this Article that levels of response equipment, inventories and
City funds be replenished to levels which existed prior the City's response to a discharge of
hazardous substances.
SECTION 21-230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC.
21-230.01 - Burning or burying garbage, other refuse
No garbage, trash, brush, natural cover or other refuse shall be burned except as provided
in this Article, and no garbage shall be buried within the City.
21-230.02 - Burning of trash and ground cover
Conditions for open burning of trash and natural cover. Open burning of trash, brush, and
natural cover (as a result of land clearing) may be permitted by the fire department when it is
determined that:
a. The weather conditions will allow the escape of smoke and fire byproducts without being
a hazard or nuisance to the surrounding citizens or their property.
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b. The location, amount and nature of materials, when burning, present no health or safety
hazards to the surrounding citizens or their property.
c. The time of day that materials may be burned and when they must be extinguished will be
established by the Fire Chiefbased upon the considerations set forth herein and those safety
practices deemed necessary based on standard fire procedures.
21-230.03 - Burn permit required
A bum permit must be secured from the Fire Department prior to each bum and shall be
subject to such conditions as are imposed by the Fire Department. Any violation ofthe conditions
of the bum permit or of any provision of this Article shall be cause for revocation of the permit and
may be considered for prosecution as a code violation, misdemeanor or as a basis for denial of
subsequent applications where such violations have been determined by the Fire Chief or his
designee to have constituted a public hazard. A fee will be assessed to cover the costs of issuance
of each permit. Said fee will be established by resolution of the City Council.
SECTION 21-240 - WATER DISTRIBUTION
21-240.01 - Water distribution systems
Water Distribution System Piping shall include all piping, which is part of the water distribution
system and supplies water to a fire hydrant.
a. Minimum Size. Except as provided herein, all new water mains supplying water to fire
hydrants shall be at least six inches (6") in inside diameter. The minimum size for water
mains will vary according to the intended use of the property as set forth in Section 21-250
(Fire Flow Regulations). When water mains are installed along right-of-ways that have
differing abutting land uses, the diameter along the entire run shall be based on the largest
main size required hereby.
b. Looping. Except as provided herein, all water mains serving fire hydrants shall be looped.
Water mains shall be designed so that in the event the water supply is interrupted at one (1)
end of the loop; the flow of water to the hydrant shall not be entirely eliminated.
c. Provisions for Non-Looped Water Mains. Recognizing the fact that there will be
applications where looped water mains are impractical, the following applications are
exempt:
1. Dead-end water mains supplied by a looped water main of equal or larger size may
be extended the following distances: up to two hundred fifty feet (250') for six inch
(6") water mains, and up to five hundred feet (500') for eight inch (8") or larger water
mains. This application is permitted without any upsizing of the water main,
providing the required fire flow is available. Physical arrangements may include
unusual street layouts such as a cul-de-sac, or cases where a hydrant is required on
one (1) side of a street and the water main is on the other. The preferred diameter
for dead-end mains is eight inches (8") if sufficient feed is available.
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2. Dead-end (non-looped) water mains may be permitted in new subdivisions and land
development sites where there are no water mains present or of sufficient size to
complete a loop. This would be applicable to areas being serviced by a single larger
(eight inch or larger) diameter water main.
3. When non-looped water mains not already covered in subparagraph (2) are permitted
in place of looped water mains, the minimum size shall be increased by not less than
two inches (2") in diameter and still meet the minimum fire flow requirements as
determined by this Article.
SECTION 21-250 - FIRE FLOW REGULATIONS & HYDRANTS
21-250.01 - Intent
The intent of this Section is to assure an adequate supply of water for fire suppression by
establishing minimum water main sizes and minimum water flow rates to control and extinguish
fires that may occur within the City of Edgewater. This Section is applicable to the City water
distribution system's future additions, and the replacement of any existing noncomplying segments
of the system through normal system upgrading.
21-250.02 - Applicability
This Section will not apply to one (1) and two (2) family dwellings being built outside of an
approved subdivision or land development project. The intent ofthis Section is to exempt new and
existing one (1) and two (2) family dwellings located within sections of the City which were
developed without a water system meeting the minimum requirements of this Article.
21-250.03 - Required fire (water) flow
The required fire flow is the quantity of water measured in gallons per minute (GPM) that
is needed to extinguish a fire iIlvolving a particular building, area or material.
a. The computation ofthe required fire flow depends upon the size (gross square footage), type
of construction, occupancy, separation between buildings and/or combustible materials, and
the potential heat release of the materials being evaluated using a form developed by the
Insurance Services Organization (ISO). Fire wall separations within a building may not be
used as a means of reducing the gross square footage.
b. The minimum size for water mains supporting fire hydrants and the minimum flow rates for
the various land use groups shall be as follows:
a. Six inches (6") and five hundred gallons per minute (500 GPM) for one and two
family residential (single family, detached and duplex),
b. Eight inches (8") and one thousand gallons per minute (1,000 GPM) for multi - family
residential (less than three (3) stories or twelve (12) units or less per building,
including townhouses),
c. Eight inches (8") and one thousand gallons per minute (1,000 GPM) for commercial
areas less than ten thousand (10,000) square feet and three (3) stories or less and
multi-family residential three (3) stories or over twelve (12) units per building
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including townhouses, and
d. Twelve inches (12") and twenty-five hundred gallons per minute (2,500 GPM)for
commercial areas over ten thousand (10,000) square feet.
c. Each building other than one (1) and two (2) family dwellings to be constructed, enlarged
or having a change in occupancy shall be evaluated for fire flow needs as set forth in this
section.
d. If water is not available in sufficient quantity to meet the required fire flow, the following
alternatives are available to comply with this Article:
1. Reduce the required fire flow fifty percent (50%) by installing an approved
automatic fire sprinkler; or
2. Reduce the required fire flow twenty-five percent (25%) by installing an approved
smoke detection and alarm system that transmits an alarm to a central receiving
station in accordance with NFPA 72; or
3. Reduce the required fire flow ten percent (10%) by installing an approved local
smoke detection and alarm system in accordance with NFP A 72; or
4. Utilize a construction type for the structure that will reduce the required fire flow
enough to meet the quantity of water available.
e. All private water delivery systems and water storage systems being utilized to meet
minimum fire flow requirements must meet the applicable standards adopted by the City.
f. No salt or brackish water will be eligible for consideration as part ofthe minimum fire flow
available for use.
21-250.04 - Fire hydrants
a. Approved fire hydrants shall be provided for buildings built after adoption ofthis Article to
meet the required fire flow requirements as determined by the Fire Chief or his/her designee
using current AWWA (American Water Works Association) and NFPA (National Fire
Protection Handbook) standards.
b. The Fire Chief shall designate the location and number of fire hydrants but in no case shall
the distance between fire hydrants installed after adoption of this Article exceed one
thousand feet (1,000').
c. With the exception of one (1) and two (2) family dwellings, fire hydrants shall be located
within five hundred feet (500') ofthe most remote area ofthe building when measured along
normal routes of Fire-Rescue Department access.
d. Where sprinkler and/or standpipe systems are provided, a fire hydrant shall be located at
least fifty feet (50') away from the structure.
e. All fire hydrants shall be of breakaway design. The minimum size for the barrel of all new
hydrants shall be at least 5 Y4 inches in diameter. Each hydrant shall have two 2 'li inch male
thread hose connections and one 4 Yz inch male thread hose connection. All hose
connections shall be of American National Standard thread. The operating nut shall be 1 Yz
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inches point to point. For the purpose of standardization and parts inventory, only those
makes of hydrants approved by the Utilities Department and Fire/Rescue Department shall
be installed to comply with this Article.
f. The center of the lowest outlet shall be not less than sixteen inches (16") above the
surrounding grade. The operating nut shall not exceed 4 12 feet above the surrounding grade.
g. Hydrants shall not be located closer than three feet (3') or more than thirty feet (30') from
a traveled street or roadway. No fence, tree, post, shrub or other object which could block
the hydrant from normal view or obstruct the hydrant's use shall be located within four feet
(4') of said hydrant. Unless otherwise requested by the Fire Chief or his/her designee, the
4 12 inch large volume connection shall be situated so it faces the nearest roadway. No
hydrant shall be installed where pedestrian or vehicular traffic would interfere with the use
of the hydrant.
h. All fire hydrants located on dedicated public right-of-ways or designed to serve multiple
ownerships shall be conveyed by approved instrument to the City. Once the City has
accepted ownership, the responsibility for maintenance and operation shall be the City's.
All hydrants not dedicated to the City shall be maintained in accordance with NFP A 25 at
the owner's expense.
SECTION 21-251- FIRE IMPACT FEES
21-251.01 - Intent, PUlpose, Basis
a. This Section is intcnded to implement and be consistent with the City of Edgewlrtel's
COlnpl ehensi v e Plan.
b. The pmpose of this Section is to cnstlIe thlrt the new dCvelopment p~s a fail ShMC of the
anticipated costs of equipnlent and fltCilities necessary to plovide file Plotection fol new
de v eloprncnt.
e. This Section is based ttpon a study by the Edgcwlrtel:rile/Reseue DepM1mcnt of the
Mltieiplrted gtovvth in the City ofEdgewlrtel and a plojcGtion of the equipmcnt and facilities
nceeSSM)' to sel ve the Mlticiplrted gto~th.
d. The intent ofthe City Council is to pCliodically levise this Section to adjust the fee schedule
to lefleGt dlMlges in glOWth plrttems in the Cit, ofEdgewlrtCI and equipment and facilitics
nCeCSSM) to plovide fin plotection rol new development.
21-251.02 - Inlposition of Fees
a. Any pClson who scch to dCvelop IMld by applying rol t11c iSStlMICC of a building pClmit fol
onc of the land usc typcs specified hClcin shall bc IcquilCd to p~ a :rile Plotection and
Emclgcne:y Medical Sel vices (EMS) impact fee in the tnmmel and amonnt set forth in this
Section.
b. No building pClmit for an:y land usc types specified he-Ie-in shall bc issued by the City unless
the requiled impltCt fce-s have- been paid. Thc anlount ofimpaet fees lequiled Me set forth
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in the ~ched 1
u c contained he .
I CIn
WheD . chanAo of .
~~~UMICG of a bu. . u~c, IGdcvdo mG
Imp.ct fuc {ol t':-::A PClmit, HlePjmp~t o~ modifie>!;o,l of lItl ..
" n" ., e.. shall b <XiStU"A
21-251.63 _ F<< oornplltcd to lIK pIG ;0 e b.,ed npOD the De~e leqoucs the
s · ns use ilK10.,e iu the
c.
ThG Mno t .
~chcdule un of Impc!Ct fcc~ .
. IIllpOS d
c tlndeI thi .
~ Section ~hall b d
c ctGImined by tl f,
'l:C ollowing
21-25164 . ~
. -In-Ki d ~
n ContI ibutions
a ' Refns.1 of Ad'
. :,~pe,'deDt ealeulal;ol".' InstllleDt, Cooenanb
IG oIdInancG fi 01 CIcdIt~ roI. .
~t} Man.gel pli~~: ::~~:~c~:1~:sc~:~s:::= ;:C' t effeeti.e date
1G Cil , D. an 'f'P
. y ,{anAgcr' . 10.cd by th
mdependent calc s .<!JOD in adinstin e
Ke payel ulatlon .noli be . .A. ollefusinA to .d'
. In "Hlmg and m Imt the im act
u~t bc ttan~mittcd ~ fG~ pUI~Uant to an
y Gcrtlficd mail to th<:.
Single-I' .1
II MnI v/Mobilc
omG/IIotd
MuIti-I'anlil
v
D vv dlinl!i'Unit/
Room
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D W Cllill~
Pad Site
1.000 ~a.ft.
1.000 ~a.ft.
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R/"P
"V alk
Rctid!E
II OmnlelGial
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h1du~tIiah"H
H Mdl0U~C
b.
$1.4J5.27
$1.4J5.27
$1.4J5.27
$1.4J5.27
$1.4J5.27
$1.4J5.27
$124.87
$209.55
$14J.5J
$10.05
The City ~ I
v anagcI sl H
~<<Ol ded on the sttl, jcc~ ,eqWIG that a eo CD
a .IDg .!csw ill1p"'-tt pI op<.rty w~, Go the 1nd ant lltnl1ing ,,;th the I '
~:~d be put 00 a ""e ba~7~:atnpon which the ;;,~~e;d cs!culatiM is ::~< eA eeuted and
this ~e:"l o. aI by H,e City ~gJ.eatel irnplf(.t Hlllft tha~ ; is based, as apPlieab~~' ~ bOO ofland
10D. Tho e ' 01 stICh othe oposcd "ith ' 1G plopelt
apPlOpli.tG. The o.,""ant 6hal1 hold th .1 IG.,ons Dee<.."" to such nse notl<'Inilin'
eA~eutioll. It sha~os~~n;:'/'alll<eite th~ ;::,rnplc intaeat ill th~n::~ compliance ..it~
tm el "hieh it may be 0;' 1 the lCS!1ietions Ol ~n MId the f"ls and IG 1 lItM mOltgAge .,
Ie cs"d. 1 1G plllporty ..,d the tllSOM tmdodying it,
Clln~ and cond. f
1 lon~
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21-251.95 - Ruiew of Fees
a. UndeI this Section, thc schednIcd of each impact fee shall bG Ievic~cd .n IcMt once each
eveI) othGI ycar to npd.ne cost, eledits and gClleI.nion I.nCS. VI11ele the Ievievv ~anants
change to impact fees, this Section shall be Mllended.
b. Each IeviG~ shall indnde an analysis of the Icvel of selviee fin each impa.:t fee. If the
a vel age Ie v el of seI v iee is not consistent ~ ith thc le v d of SGI v ice npon ~ hich the I cspeeti v e
impact fee MTIOnnt is bMed, HiG anlonnt shall bG adjnsted bMed npon the HlGn-Gxisting level
of seI v ieG.
21-251.96 - TInst Fnnd
Thc Fin/EMS impact feG shall be deposited in a Pire/EMS impact fee trtlst fund. The titlst
fnnd shall be invested by the City in intclest bCMing somees and all income delived shall aeCltle to
thc t! tlst fnnd. The funds shall be nsed only foI capital implo v ements costs foI ~ hich thG impact fCG
~M levied Mld which ~onld add capacity needed to seIve nevv dGvelopment. The City ManageI
shall identify in the Citfs anrmal bndget HiG design.ned capital imploveIllents MI ~hieh thc
Pite/EMS impact fces vvill be spcnt. The fnnds shall Ienlain IcstIicted to the Pile/EMS tltlSt fnnd
atld the I eqniIenlents ofthis Section. The City MMlageI shall ensnle th.n these design.ned funds Me
expended and aceonnted roI in aceoldanee with the prOvisions of this Section. ThG City shall
maintain stich I ecoI ds and docnmentation neeeSSM) to allo w the cffeeti v e MIdit of the tlse of the
Pile/EMS impact fees.
21-251.97 - Collection, Administuthe Fees and Use of Funds
a. The fee plryCl shall plry the FiwTIMS impact fee to the City Mr deposit into the Pile/EMS
impact fce tItlst fnnd pliO! to the issnanee of a bnilding pelmit which may be nqniled fOl
dev dopment listed in thG schednIc contained in Section 21-251.03. No bnilding pelluit mlry
be issned tl11til sneh feGS ha v e bccn paid 01 nntil the City hM accepted title to IMld Mea
meeting the standMds set out in this Section. POI land nses not lcqniling a bnilding pClmit,
Ml altem.ni ve development Older shall not be granted nntil the impact fees have been paid.
b. In lien of all 01 pMi: ofthe impact fees, City Cotl11eil mlry accept the off.:r by a fee payer to
dedieMc land and/or constrtlet all or pMi: of a Pire/EMS project. Sneh constrtlction mnst bc
in aeeordMlce vv ith state, connty and city design standMds applicable to HK pi oj eet. The fee
payel shall submit a projcet deseliption in stlfficient detail to allovv the plepal.nion of an
engineeI ing and eonstI tletion cost estim.ne.
e. If the City Conneil accepts sneh off':l, the City Manager shall eledit the eost of this
constItletion agaitlst the Pile/EMS impact fee otheivvise dne. The portion of the fce
I CPI esentcd by the facilities col1st! netion shall be deemed paid ~ hen the coast! tlctioI1 is
completed Mld accepted by the City 01 ~hen the fce plryel posts seemity M Plovidcd in
subscction (d) of this Section fOI the costs of sneh eonstr netion. The portion of the fce
Ieplescnted by land dedie.nioIl shall be decmed paid ~hen Hle title to thc land dedie.ncd fol
th.n ptlIpose hM been accepted by the City.
--
...,
d.
Seemity in the fOlm of a perfolmanee bond or e~elO~ ag~eeMent ~hall be po~ted ~ith 411d
made payable to the City in an anlount llpproved by the CIty M411ag~1 equal to ol'l~ hUI?dred
ten pel cent (110%) ofthe full eo~t ohtlch eon~tItletion. If eon~tItletlon o.fthe project l~ not
to bG completed vv ithin onG YG41 oHilG aeeept411CG of the offcl by thG CIty, thG 41?-ount of
~cCtlIity ~hall be incIeasGd by ten pGleent (10%) eomponnded, for .eaeh YG41 o~the hiG of~hG
~cemity. ThG ~cemity ~hall be IGvie~ed 411d appIoved by thG CIty Mana.gGI ~ offieG pnoI
to aeeGptanCG of the ~GGmity by City ComGil.
No impaGt feG i~ IGqniIed fO! thG i~~tlancG of 41lY building pGImit fOI Ie~idGntial tl~G ~hiGh
dOG~ not Ie~tllt in 411 additional living tlnit.
All fund~ eolleGtGd pm~tl411t to thi~ Section ~hall be pIomptly tIan~feIIed ~l depo~it~ into
the file/EMS tItl~t ftlnd. Inlpact feG Gollection~ ~hall be tl~Gd GXeltl~l~ely fOI land
aeqtli~ition, ellpital impIOvG1llent~, ptllehase~ 01 Gx~an~ion. I elated to the p~I.K p~pO~G fuI
~ hieh ~tlch fCG~ ~ eI G eollceted, ~ ith the exceptIon of Impact fee a<h~lll1l~t~ atlv e eo~t~
ptll~tlant to pmagIllph (g) bdovv. ftlnd~ ~hall be Gxpended in the ordeI In ~hlGh they me
collected.
ThG City ~hall bc entitled to retain up to fom pel cent (4%) ofth~ impact fee~ GolleGtGd as an
admini~t1:ati v e feG to oiMet thG eo~t~ of a.d1nini~tGIing thi~ SectIon.
Any impaGt fCG~ that mG paid by check, <haft 01 othGI negotiable in~t1ttl1lGnt~ do no~ elem,
the building pernlit 01 development ordeI authoIizing the develop~ent for vvhrc!l thG r~lpact
fee as paid ~hall be ~tl~pended and the City ~hall ~ent the llppropnate ~tl~pen~lon notIce to
the &'G payeI by eertifkd mail. If the irnpact ree, togetheI ~ ith ~ ~hmge~ fOI f~d~ not
eleming mG not paid ~ithin tGn (10) bu~ine~~ dcry~ follo~Ing marlmg of the notrce, th~
btlildin~ peImit or dGvdopment ordcr ~hall be of no ftrrtheI fOIee and df<:et foI p~po~e~ 0
thi~ artide and a ~top ~oIk ordGl ~hall be i~~tled and remain in dfCGt tlntIl ~tleh trMG as thG
impact fee i~ paid 41ld the ftlnd~ elem.
G.
f.
g.
h.
21-251.08 - Refund
If a btlilding peImit GxpiIG~ and 110 eon~tItletion has be~~ eomM~nc.ed, thG feG pcryGI ~hall
a. be Gntitkd to a Ieftlnd of the impact fee paid M a GondrtIon fur. rt~ r~~tlanCG, k~~ thc fom
pGIeGnt (4%) ofthG feG retained M an a.d1nini~tlativG fee by ~hG CIty, theI~furG, t~G fGG pcry~~
~hall bG Gntitkd to ardnnd eqtlal to ninGty-~ix (96%) ofthG rmpaet fGG pard. No r~t~IG~~ ~l
b 'd to the fee pcryGl on Iefund~ due to non-commGneenlent. Rdtlnd~ Ie~tl tmg tom
C~t;~ mi~Gaktllation ~hall not bG Ghmged thG adnlini~tlative fee on the an10nnt Idnnded.
No I dtlnd ~hall be gi v Gll foI a eh41lge in land tlSG or ~tItletm G after oCGupanGj' has OeCtlII Gd.
An ftll'ld~ not expended 01 enennmGrGd by the Gnd of th~ eakndm qtl41teI .in11~lediatelj'
roIio"ing.", (6) YOM' ftom lbo dtttG the imp""l fro wMpaJd .baH, tIJlon .wboalton oflh~
fGG pcryGl ~ ithin one htlndred Gighty (180) dcry~ ofthat date, be Ieturned to the fCG payGl vv It 1
intGIe~t at thG IatG of ~ix pGIeent (G%) per lm11tlm.
b.
G.
21-251.09 - Cledits
An applie411t ~hall be Gntitled to a Gredit agaill~t the file impact fce~ as~G~~ed ptlr~tlMtt to thi~
a.
b,
e,
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...."
Section in an am0t111t equa:! to the cost ofimprovements ~hieh ~~~one exe~ss e.!paeity fur, the
gencral pttblie or contributions to the city Oflltlld, mo~e!, faerhtw~, eqmpment or ser vices
by the .!pplieMtl or his pr edeeessor in inter e~t M a condrtIon of any d~ v do~nl~nt a.gr eenlCnt
entered into ~ith the City. Such credit shall be bMed on the follo~lng elltcna.
The actual eo~t, or estimoned cost bMed on recent bid ~hcct infurmonion ofth~ ~ity
ofDdge~ltter or Yolu~ia COt11lry, of off ~itc improv,ements. Improvements dr~rble
for a credit Me those improvcments propo~ed t1urt ~rll benefit not only th~ d~dhngs
on-site, bnt al~o the general pttblie. Improvenlcnt~ not digible f01 a, credIt :ne, tho~e
facilities thon Me privondy o~ned or thon ~eIve only the dwelhngs ~rthln the
de v elopment.
1.
2.
The actual cost or estil110ned cost of improvcments bMed on recent bid sh,eet
informonion ofthe City ofDdge~oncr or Volusia Connt)' ~ith respect to thon ,portron
of on-site irnpro v ements ~hieh creones excess e.!padty fOI the general pttblrc.
The eontribntion Oflltlld, money, facilities, eqnipmCIlt 01 seIvie~s by the .!pplieant
fot imprOvements to the City's Firc/ResCtle Dep~ment \l\>hleh er~~es excess
e.!pacit, for the gencral pttblie. Ser vices must rda~e dlIec.tl~ to the prOvrSlon ofland,
facilities or equipment. The credit for IMld eontnbnted wIll be ba~ed on a pro rona
shMe of the .!pPlaised land value of the PMent pltleel M deteI1luned ,by an MAl
.!ppraiser ~deeted and paid fur b:y the applicant and apprOved by the Crty ~IM1agGr
or bMed on ~uch other method M may be nmtually agreed upon by th~ .!ppheant and
the City Man~eI. :En the event thon the City di~agrees ~ith th~ .!ppra.r~cd value, the
Cit, ma)i ~deet MId p~ for another .!pprai~er, and the credIt shall be M1 amount
eqnal to the average ofthc t~o (2) .!ppraisak
Unless other~ise prOvided in an development agrcement. bet,vvcen the Cit! and the
applieltllt or his predecessor in intere~t, no ercdit fur eontubutlons or dononron made
prior to the effective done of this Artiele shall be granted ~nl~ss the cost of the
imprOvements ~eIC paid fur 01 the eontribntions ~ere made ~rthlll the mo (2) years
prior to this Artide.
No credit shall exceed the an10unt of the fin impact fce M~essed under Section 21-
251.0J of this Article.
J.
4,
5.
No credit shall be allowed for the over-sizing of ~oner lines, ~i?enin~ of roads or
other inlprovements ~ith only an indirect benefit for fire protectron.
The amonnt of the credit shall be determined by the City Manager, ~r?vided, ho~ever, th~
the detcrminonion m~ be .!ppealed to the City Conndl, ~hose deem on shall be finalltl1
bindin~ on the .!pplieant.
Any credit issucd pmsuant to this section may be transfGl1ed by thc applicant to any
sneeessor in interGst in the ploperty.
G.
21-251.10 - Exemptions
The follo~ing shall be exempt from payment of the fire impact fee.
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....""
a. Those. re.sidential 01 nOll1e.~idential dwellings whiGh have be.en isstled a btlilding pe.lmit 01
ce.ltifkMe. of ocetlpancy prior to the. dfceti v e dMe o[this Artiele..
b. Additions to 01 e.xpansions of single-fmnily d w dlings thM do not CI e.Me ml additional Ii v ing
tmit:-
e.. The. IGplaceme.Ilt of a btlilding, mobile. home, 01 stItle.ttlIe thM WM in place. on the d~ee~i ve.
dMe of the. oldinmlee. flom which this Altide. delivcs 01 the Ieplace.ment of a btlIldIng,
mobile. home. or Stl tl(,tm e thM w M co ash nGtcd sttbscqtlent ther eto mId for w hic.h tll(' COIl e.c.t
impaGt fee. had bce.n paid 01 Othe.I wise. plovid(,d fOI, with a new btlilding, mobile home, or
stmGttlle. o[the. smll(, tlse, prOvided thM no additional impact fee vvill be. plodtlced ova and
abo v e. that pr odtleed by the original tlse. o[the. land.
21-251.11 - Appeals
AllY dee.ision made by the. City Managa 01 his designe.e. in thG eomse. of administering this
MidG mlt)' be. appealed in accordMlce with those. ploeGdme.s set forth in this Code. for appeals of
administI Mi v e. d(,cisions.
21-251.12 - Lien/ "l/ithholding of Fellnits EoI Non-Fayment
a.
Iftlnotlgh enOl, omission, 01 intGltl thM the impact fe(, imposed tln~el this Alti~le. is not paid
in ftlll the anlOtlnt mlpaid, toge.thel vvith stMtltory intae.st aceItlIng from durt)' (JO) dlt)'s
rollovv'ing the date. writtw Ilvtice by e.e.ltified nutil, retmn re~cipt Icqtle.s~ed is smt to tllG
thGn-plGSent owner, shall bG a lie.n against the propelty on wlue.h thG ~pe.e.lfie de.~clopmGnt
fro111 which thc impact fce is dne. Notice o[the. lien shall be rccord~d In th(, o,ffie.lal rccolds
ofthG Cle.lk ofthG Ciretlit Cotlrt, in and for the. Cotmt)' ofVoltlsla. The he~ shall,hav,c
priority 0 v er alllicns, nIortgagcs, and enemnbranecs, e.xeGpt. ta~Gs. If t~e ~o,hee of hGIll~
110t rccolded wifuin tlne.e. (J) yems following thc datG the. btllldlng paIlllt IS lsstlcd for tl~e.
dGvclopme.nt fOI which the impact fce. is owed, the lien shall be of no for,ee and effee.t. IfHus
shall oeem the amOtlnt ofHIG impact feG is dtle and p~abk to the. Crty ofEdgGWMCI. If
the lien le~1ains nnpaid for mOle than thirty (JO) d~s following recording, it m~ bc
foreclosed in the. mannCl prOvided by law for folcclostlIes ofmortgage.s on leal property,
If the inlpa(,t &e. I cmains tlnpaid, no furtheI bnilding pe.n:nits of a:n', type shal~ be. ~ssncd, on
the. plopat, fOI which the. impact fee Iemains nnpald. DmldIng pelllllts, mdtldmg
eeltifieMGS of OeetlpmlC,y mld/Ol oeGtlpaney pe.lnlits may be iss~cd only tlpon ~ll paynlGIlt
of any pI e. v ionsl, 0 w ed impact fGe., togetheI w itll any intcI e.st 0 w mg, and etln ent mlpact fcc,
~
b,
21-251.13 - Violations, Relief
Knovvingly fmnishing false. inrormMion to the. City Managcr ?n ~lY mcrtter, rdMi,ng to the
administrMion of this Altide shall eonstittlte a v iolMion thercof. '/1oIMron o~ t~l1S ~rtlde shall
constittlte. a misdenle.anor enforceable in accordance. with the City Code. or by an llljtlne.tIon or Ot~I~I
le.galol e.qtlitable. Ididin thG Circtlit Com1 against.my persvn violating this Article., 01 both CIvIl
injtlne.tive and eliminal rdief.