2001-O-01
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ORDINANCE NO. 2001-0-01
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA; AMENDING THE CODE OF
ORDINANCES BY MODIFYING CHAPTER 21 (LAND
DEVELOPMENT CODE), ARTICLE XVI (FIRE & HAZARD
PREVENTION) BY THE ADDITION OF SECTION 21-251
(FIRE IMP ACT FEES); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. A result of population growth and increasing development within the City of
Edgewater has adversely impacted the ability for the Fire-Rescue Department to maintain their
current level of services.
2. An effort to finance and offset costs of services needed to maintain the level of
service that currently exists within the City of Edgewater has been provided in the Fire/EMS Impact
Fee Study submitted for review which reflects the implementation of impact fees for new
construction.
3. During the Workshop held by City Council on February 12,2001, Council approved
the Fire/EMS Impact Fee Study.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMENDMENT OF CHAPTER 21 (LAND DEVELOPMENT
CODE), ARTICLE XVI (FIRE & HAZARD PREVENTION) TO
INCLUDE SECTION 21-251 (FIRE IMPACT FEES).
Chapter 21 (Land Development Code), Article XVI (Fire & Hazard Prevention), is hereby
StI tick tillOtl!;h passages are deleted.
Underlined passages are added.
2001-0-01
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amended as set forth in Exhibit "A" which is attached hereto and incorporated by reference.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
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.
EFFECTIVE DATE.
The effective date of this Ordinance shall be April I, 2001.
PART E.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on March 5, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown ABSENT
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stl uck till OUgll passages are deleted.
Underlined passages are added.
2001-0-01
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X
After Motion by C 4fk — --i' %- and Second by &./-,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
A
Councilwoman Harriet E. Rhodes
Councilwoman Judy LichterE11T
PASSED AND DULY ADOPTED this 19' day of March, 2001.
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
SnvekMrongh passages are deleted.
Underlined passages are added.
2001-O-a1
CITY COUNCIL OF THE
CITY�DGEWATER, FLORIDA
Donald A. Schmidt
Mayor
�I�ta n-,rl-J:.,..�x
RL. osick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2001 under
Agenda I[em o.
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EXHIBIT "A"
ARTICLE XVI
FIRE & HAZARD PREVENTION
SECTION 21-210 - GENERAL PROVISIONS
21-210.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-l
21- 210.02 - Adoption of Codes ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-l
21-210.03 - Amendments to Codes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-l
21-210.04 - Access to Buildings by Fire Apparatus ........................ XVI-l
21-210.05 - Fire Lane Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-2
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-6
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Article XVI
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SECTION 21-251 - FIRE IMPACT FEES
21- 251. 0 I - Intent Purpose: Basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-8
21- 251.02 - Imposition of Fees ........................................ XVI -8
21-251.03 - Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-8
21-251.04 - In-Kind Contributions: Refusal of Adiustment: Covenants. . . . . . . .. XVI-9
21-251.05 - Review of Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-9
21-251.06 - Trust Fund ............................................. XVI-IO
21-251.07 - Collection: Administrative Fees & Use of Funds ............... XVI-IO
21-251.08 - Refund ................................................ XVI-II
21-251.09 - Credits ................................................ XVI-12
21-251.10 - Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-13
21-251.11 - Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-13
21-251.12 - Lien: Withholding of Permits for Non-Payment ................ XVI-13
21-251.13 - Violations: Relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-14
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. NFP AI, Fire Prevention Code, 1997 Edition as hereinafter amended;
b. NFP A 101, Life Safety Code, 1997 Edition;
c. Those mandatory referenced publications as listed in Chapter 33, referenced publications of
NFP A 101, 1997 Edition;
d. Those mandatory referenced publications as listed in Chapter 43, recognized standards and
publications ofNFP AI, Fire Prevention Code, 1998 Edition.
21-210.03 - Amendments to Codes
The following are hereby amended to read as follows:
a. Section 1-7, Board of Appeals; NFP AI, 1997 Edition, 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 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
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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 shall be provided and maintained as approved by the Fire Chief or his/her designee.
21-210.05
Fire Lane Requirements
a. Fire lanes shall be twenty feet (20') in width.
b. Fire lanes shall be required for all buildings that are set back more than one hundred fifty feet
(150') from a public or private road or exceed thirty feet (3D') in height and are set back more
than fifty feet (50') from a public road.
c. Fire lanes shall also be required for access to building sprinkler/standpipe connections, fire
hydrants and major building entrance points.
d. Fire lanes may also be required when parking lot design, building or site design make access
to the building difficult for emergency vehicles.
e. Fire lane markings shall be as follows:
1. Signs shall be twelve inches (12") wide by eighteen inches (18") in height;
2. Signs shall be white with red letters and shall read "No Parking or Standing - Fire
Lane";
3. Signs shall be placed every one hundred feet (1 DO') and shall be double faced and
shall be seven feet (7') from the ground;
4. Stripes on the pavement shall be of safety yellow thermoplastic material and shall be
four inches (4 ") wide and shall be placed every one hundred feet (1 DO') and shall read
"No Parking or Standing - Fire Lane"; and
5. Curbs shall be painted in safety yellow for the length of the fire lane.
SECTION 21-220 - HAZARDOUS MATERIALS
21-220.01 - Cleanup and Abatement
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,
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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 (1) 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 fuIl
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/or open burning o/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 by products without being
a hazard or nuisance to the surrounding citizens or their property.
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b. The location, amount and nature of these 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 Chief based upon the considerations set forth herein and those safety
practices deemed necessary based on standard fire procedures.
21-230.03 - Burn permit required
A burning permit must be secured from the Fire Department prior to each burn and shall be
subject to such conditions as are imposed by the Fire Department. Any violation of the conditions
of the burn 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 from time to time 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 which 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,
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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 (I) 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.
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 oflooped 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 of this 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 (OPM) that
is needed to extinguish a fire involving a particular building, area or material.
a. The computation of the 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:
c.
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1. Six inches (6") and five hundred gallons per minute (500 GPM) for one and two
family residential (single family, detached and duplex),
2. 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),
3. 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
including townhouses, and
4. 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 NFP A 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 deliver 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 of the minimum fire flow
available for use.
21-250.04 - Fire hydrants
a. Approved fire hydrants shall be provided for buildings built after adoption of this ordinance
to meet the required fire flow requirements as determined by the Fire Chief or his/her
designee using current A WW A (American Water Works Association) and NFP A (National
Fire Protection Handbook) standards.
b. The Fire Chief shall designate the location and number of fire hydrants but in no case shall
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distance between fire hydrants installed after adoption of this ordinance exceed one thousand
feet (1,000').
c. Fire hydrants shall be located within five hundred feet (500') of the most remote area of the
building when measured along normal routes of Fire-Rescue Department access.
1. Exception. One (1) and two (2) family dwellings.
d. Where sprinkler an/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 Vi inches in diameter. Each hydrant shall have two 2 ~ inch male
thread hose connections and one 4 ~ inch male thread hose connection. All hose
connections shall be of American National Standard thread. The operating nut shall be I 1'2
inches point to point. For the purpose of standardization and parts inventory, only those
makes of hydrants approved by the Utilities and Fire Departments 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 ~ 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 hislher designee, the 4 ~
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.
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SECTION 21-251 - FIRE IMPACT FEES
21-251.01 - Intent: Purpose: Basis
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 fire protection for new
development.
~ This Section is based upon a study by the Edgewater Fire/Rescue Department of the
anticipated growth in the City of Edgewater and a proiection of the equipment and facilities
necessary to serve the anticipated growth.
d. The intent of the City Council is to periodically revise this Section to adiust the fee schedule
to reflect changes in growth patterns in the City of Edgewater and equipment and facilities
necessary to provide fire protection for new development.
21-251.02 - Imposition of Fees
a. Any person who seeks 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 a Fire Protection and
Emergency Medical Services (EMS) impact fee in the manner and amount set forth in this
Section.
b. No building permit for any land use types specified herein shall be issued by the City unless
the required impact fees have been paid. The amount of impact fees required are set forth
in the scheduled contained herein.
c. 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.
21-251.03 - Fees
The amount of impact fees imposed under this Section shall be determined by the following
schedule:
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CITY OF EDGEW A TER FIRE PROTECTION AND EMS COST SCHEDULE
Land Use Development CallslUnit Net Net
Unit Cost/Call CostlUnit
Single- Family/Mobile DwellinglUnit/ 0.200 $1,435.27 $287.05
Home/Hotel Room
Multi-Family Dwelling 0.087 $1,435.27 $124.87
R/V Park Pad Site 0.00 $1.435.27
Retail/Commercial 1.000 sq.ft. 0.146 $1,435.27 $209.55
Office/Institutional 1.000 sq.ft. 0.100 $1,435.27 $143.53
Industrial/Warehouse 1.000 sq.ft. 0.007 $1.435.27 $10.05
21-251.04 - In-Kind Contributions: Refusal of Adjustment: Covenants
a. Independent calculations for credits for in-kind contributions made after the effective date
of the ordinance from which this Section derives 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 by certified mail to the
fee payer.
c. The City 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 Section. The covenant shall hold the fee simple interest in the land and mortgage as
appropriate. The covenant shall recite this Section 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.
21-251.05 - Review of Fees
a. Under this Section, the schedule of each impact fee shall be reviewed at least once each
every other year to update cost. credits and generation rates. Where the review warrants
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change to impact fees. this Section shall be amended.
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 adjusted based upon the then-existing level
of service.
21-251.06 - 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 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
Fire/EMS impact fees will be spent. The funds shall remain restricted to the Fire/EMS 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 of the
Fire/EMS impact fees.
21-251.07 - Collection. Administrative Fees and Use of Funds
a. The fee payer shall pay the Fire/EMS impact fee to the City for deposit into the Fire/EMS
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 21-251.03. No building permit mav
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 Section. 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. City Council may accept the offer by a fee payer to
dedicate land and/or construct all or part of a Fire/EMS project. Such construction must be
in accordance with state. county and city 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.
c. If the City Council accepts such offer. the City Manager shall credit the cost of this
construction against the Fire/EMS impact fee otherwise due. The portion of the fee
represented by the facilities construction shall be deemed paid when the construction is
completed and accepted by the Citv or when the fee paver 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.
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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 proiect 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 year 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 Citv Council.
e. No impact fee is required for the issuance of any building permit for residential use which
does not result in an additional living unit.
f. All funds collected pursuant to this Section shall be promptly transferred for deposits into
the Fire/EMS 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%) of the 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, 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.
21-251.08 - Refund
a. If a building permit expires and no construction has been commenced, the fee paver shall be
entitled to a refund ofthe impact fee paid as a condition for its issuance, less the four percent
(4%) of the fee retained as an administrative fee bv the City, therefore, the fee payer shall be
entitled to a refund equal to ninety-six (96%) of the impact fee paid. No interest will be paid
to the fee payer 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 occupancy has occurred.
~ Anv 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
Rev. 03/200 I (PoliciesProcedures/LandDevelopmentCo(M)VI -11
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fee payer within one hundred eighty (180) days of that date, be returned to the fee payer with
interest at the rate of six percent (6%) per annum.
21-251.09 - Credits
a. An applicant shall be entitled to a credit against the fire 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:
.L. The actual cost, or estimated cost based on recent bid sheet information of the City
of Edgewater or Volusia 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 of the City of Edge water or Volusia County with respect to that portion
of on-site improvements which creates excess capacity for the general public.
.:L The contribution ofland, money, facilities, equipment or services by the applicant for
improvements to the City's Fire/Rescue Department which creates excess capacity
for the general public. Services must relate directly 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 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.
~ No credit shall exceed the amount of the fire impact fee assessed under Section 21-
251. 03 of this Article.
6. No credit shall be allowed for the over-sizing of water lines, widening of roads or
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other improvements with onlv an indirect benefit for fire 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.
f:. Anv credit issued pursuant to this section mav be transferred by the applicant to any
successor in interest in the property.
21-251.10 - Exemptions
The following shall be exempt from payment of the fire 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
unit.
c. The replacement of a building, mobile home, or structure that was in place on the effective
date of the ordinance from which this Article derives 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.
21-251.11 - 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.
21-251.12 - Lien: Withholding of Permits for Non-Payment
a. If through 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 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 of the 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,
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the amount of the impact fee is due and payable to the City of Edge water. If the lien remains
unpaid for more than thirty (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 payment
of any previously owed impact fee, together with any interest owing, and current impact fee,
if any.
21-251.13 - 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. 03/2001 (PoliciesProcedures/LandDevelopmentCod&:)VI -14
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Fire/EMS
Impact Fee Study
City of Edgewater
Prepared and Submitted by:
Tracey T. Barlow, Fire-Rescue Chief
Department of Fire-Rescue Services
City of Edgewater
February 12,2001
With assistance from:
Audrey Acufta
Emily Moulton
Arthur Gwozdz
Department of Human Factors and Systems
Embry-Riddle Aeronautical University
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City of Edgewater \ Fire-EMS Impact Fee
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Iptroduction
As a result of population growth and increasing non-residential development within the City of
Edgewater, the ability of the City's Fire-Rescue Department to maintain its current level of service
has been adversely impacted. The current level of service of the Fire-Rescue Department is a
Fire/EMS response time of four-minutes or less to 90% of all incident calls within the city limits.
The Fire-Rescue Department has developed a capital plan to adequately meet future demands for
the continued similar level of service. The capital plan will require the implementation of new
Fire/EMS Impact Fees and will be charged on all new development (residential and non-residential)
to pay for the capital facility cost they impose on the City. The impact fees collected must be spent
to provide a reasonable and rational benefit to the fee-paying development. The funds collected by
the imposition of impact fees must be connected to the proposed capital improvements by the
Florida Courts definition of "dual rational nexus of benefit" theory. The benefit that would be
expected from such impact fees would assure adequate and consistent levels of service from the
City of Edgewater's Fire-Rescue Department.
Population Growth
In 1990, the City of Edgewater's permanent population was 15,337 people. In 2000, the permanent
population was 18,865, an increase in population of 23% since 1990. Over the 10 year period
spanning from 1990 to 2000, the City of Edgewater has experienced an average growth in
population of approximately 2.3% per year. The growth trend was estimated at 2.3% for the
previous 10 years (1990-2000), current socioeconomic studies predict the growth trend to increase
to approximately 3.23 % for the next 10 years. The predicted increase in the growth trend is
consistent with anticipated economic growth within the County. Other growth factors include a
substantial amount of vacant land annexed into the City and anticipation of additional annexations
to the south and west by the City of Edgewater. If the predicted growth trend continues, by 2005
the permanent population of the City of Edgewater will be 22,865, by 2010, the permanent
population of the City of Edgewater will be 26,398, and by 2015, the permanent population of the
City of Edgewater will be 30,262. Permanent population projections for the City of Edgewater are
summarized in Table 1.
Table 1
POPULATION GROWTH, 1990 - 2015
Permanent City Population
Source: Population growth estimates from the City of Edgewater Comprehensive Plan Population Projections
(September 2000) prepared by Land Design Innovations, Inc.
Purpose of the Fire/EMS Impact Fee Study
The purpose of this study is as follows:
1. To estimate population growth for the city of Edgewater to the year 2015;
2. To estimate the cost and schedule of capital Fire/EMS facilities needed to provide the
adopted level of service for Fire/EMS;
City of Edgewater \ Fire-EMS Impact Fee
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3. To estimate necessary Qact fees that will be required to impleQnt and fund the Fire/EMS
capital facilities needed to maintain the level of service currently provided by the City of
Edgewater.
Legal Framework
Impact fees are "one time" charges that are assessed on new development (residential and non-
residential) to fund the capital facility costs they impose on the community. Unlike other types of
developer exactions, impact fees are based on a standard formula and a pre-determined fee
schedule. Impact fees require that each new residential or commercial project pay its pro-rata share
of the cost of new capital facilities and capital expenditures required to serve that development.
Impact fees must only be used for capital expenditures and must be spent within six years of
collection. Impact fees cannot be used to pay for non-capital items and recurring expenses such as
personnel salaries and operating/maintenance expenses.
Fire/EMS Service Unit
The unit cost of Fire/EMS services to serve new development is based upon the average cost per
Fire/EMS call for service and the expected number of calls per unit per year for various types of
land 'use. Fire/EMS calls for service include medical emergencies, fires, hazardous conditions and
false alarms.
As noted above, the unit cost of Fire/EMS service to serve different types of new development is
based upon the expected number of calls for service per unit per year. Dividing the number of
annual Fire/EMS calls received from each types of land use category by the existing amount of
development yields the service units required per development unit (dwelling unit, hotel room or
1,000 square feet of nonresidential building area). The annual number of calls for service per unit
for land use categories ranging from single-family dwellings to industrial square footage (in
thousands) is presented in Table 2.
Table 2
FIRE/EMS ANNUAL CALLS FOR SERVICE
Single Family/Mobile Home/ Dwelling 1320 6,595 .200
Hotel
Multi-Family Dwelling 74 852 .087
Retail/Commercial 1,000 sq. ft. 116 797 .146
Office/Institutional 1,000 sq. ft. 10 100 .100
Industrial/Warehouse 1,000 sq. ft. 6 863 .007
Total 1526
Source: Annual service calls include medical, fire alarm, fire and other calls, excluding those
on roadways and other calls not associated with a land use, for the period of September 0 I, 1999
through August 31, 2000; number of units provided by Volusia County Property Appraisers
office.
City of Edgewater \ Fire-EMS Impact Fee
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Cost per Service Unit
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The capital facilities that are used to support the provision of Fire/EMS services in the City of
Edgewater include fire stations, firefighting apparatus, vehicles, and other capital equipment
including communications equipment, breathing systems and specialized extrication equipment.
The total replacement cost of the existing fire stations and fire station sites is $913,724 as shown in
Table 3. The Fire Department's current inventory of Fire/EMS vehicles has a total capital
replacement cost of $1.138 million, as shown in Table 4.
Table 3
FIRE/EMS COST PER SERVICE UNIT
Station #55/HQ
Station #57
Total
$219,700
$532,100
3,376
5,860
$141,706
$20,218
$361,406
$552,318
$913,724
Source: Property appraisals produced by Valuation Resource Management, Inc.
Table 4
FIRE/EMS VEHICLE COST
Fire Engine 1250 GPM/750
Fire Engine 1000 GPM/IOOO
Special Operation Utility Truck
Brush Truck 6 Wheel Drive
Brush Truck 4 Wheel Drive
Utility/Support Truck 4 Wheel Drive
Administrative/Staff Vehicle 4 Wheel Dr.
Administrative/Staff Vehicle
Public Education/ Training Van
Total VehicIe Cost
2
1
1
1
1
1
1
2
1
$239,000
$239,000
$180,000
$75,000
$34,000
$32,000
$30,000
$24,000
$22,000
$478,000
$239,000
$180,000
$75,000
$34,000
$32,000-
$30,000
$48,000
$22,000
$1,138,000
Source: Cost of vehicle replacement value based on open bid opportunities and the Florida State
Sheriffs Association State Bid.
Based on the original acquisition cost obtained from the City's fixed asset listings, the total value of
the City's capital Fire/EMS equipment is $138,500. Adding the equipment cost to the fire station
value and vehicle replacement value results in a total Fire/EMS facility cost of $2.190 million.
Dividing the total Fire/EMS cost $2.190 million by the average number of annual Fire/EMS calls
(1,526), depicts a unit cost of$I,435.27 per fire/EMS call as shown in Table 5.
City of Edgewater \ Fire-EMS Impact Fee
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Table 5
FIRE/EMS COST PER SEVICE UNIT
o
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Fire Station Replacement Cost $913,724
Vehicles and Apparatus $1,138,000
Other Equipment $138,500
Total Facility and Equipment Cost $2,190,224
Annual Fire/Rescue Calls 1526
Cost per Fire/Rescue Call $ 1,435.27
Source: Fire station replacement cost from Table 3; Fire/EMS vehicle cost from Table 4; other
equipment with unit cost of more than $1,000 is original cost from City's fixed asset listings;
annual Fire/EMS calls from Table2.
Fire/EMS Impact Fee Schedule
The proposed Fire/EMS impact fees to be adopted by the City of Edgewater is calculated by
multiplying the percentage of calls per unit associated with various types of land uses by the cost
per Fire/EMS call. The proposed Fire/EMS impact fee calculations for various types of land uses
are presented in Table 6.
Table 6
FIRE/EMS MAXIMUM FEE SCHEDULE
Single-Family/Mobile Home/ Dwelling 0.200 $1,435.27 $287.05
Hotel
Multi-Family Dwelling 0.087 $1,435.27 $124.87
RV Park Pad Site 0.000 $1,435.27
RetaiVCommercial 1000 sq. ft. 0.146 $1,435.27 $209.55
= =:!II iIi=:iI a:
Office/Institutional 1000 sq. ft. 0.100 $1,435.27 $143.53
IndustriaVWarehouse 1000 sq. ft. 0.007 $1,435.27 $10.05
Source: Calls per unit from Table 2; cost per call from Table 5.
Other Factors
Other factors that must be considered when estimating the need to expand Fire/EMS services are:
1) the size of geographic area to be covered; and 2) response time. The current adopted level of
service for a response time for Fire/EMS incident is four minutes. When the Fire/EMS service area
to be covered and the number of incidents and calls increase such that the standard four-minute
response time cannot be met, capital improvements must be made to provide for growth and service
area expansion. In order to maintain the acceptable level of service of a four-minute response time,
expansion of Fire/EMS services must be planned.
City of Edgewater \ Fire-EMS Impact Fee
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Conclusion
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'D"uring the past year, the City of Edgewater has annexed over 500 acres into the city. Some of this
newly annexed area will be used for industrial development and some will be used for planned
residential community growth. In the current fiscal year, approximately 1000 acres are planned to
be annexed south of the City. The land use for this area is for planned residential community
growth. Other annexations are anticipated and further development of existing lots in Edgewater
(Florida Shores) is also anticipated. The lot-clearing ordinance for fire protection is causing many
lots to be sold to builders for future residential dwelling units. The expansion and widening of S.R.
442 is also anticipated to cause additional growth in the western portion of the City. The need for
expansion of Fire/EMS services in the next several years due to an increase in area to be covered,
population growth, and an increase in the number of Fire/EMS incidents/calls is anticipated.
Planning to finance and offset the cost of new services (partially for existing residents) needed to
maintain the level of service that currently exists within the community is recommended through
the implementation of Fire/EMS impact fees for new construction.
City of Edgewater \ Fire-EMS Impact Fee
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