2004-O-390
ORDINANCE NO. 2004-0-39
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AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) BY MODIFYING ARTICLE XVII
(DEVELOPMENTAMPACT FEES) FOR CONSISTENCY AND
ENACTING SECTION 21-323 (TRANSPORTATION/ROAD
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, in January 2004, City Council approved Ordinance #2003- 0-15 which enacted
Article XVII (Development/Impact Fees) of Chapter 21 (Land Development Code) and Resolution
#2004-R-01 which established specific fee amounts.
WHEREAS, Council determined not to enact the Transportation/Road Impact Fees until the
Transportation Impact Fee Study was completed.
WHEREAS, during the Workshop Session on September 27, 2004, Council
reviewed/discussed the Transportation Impact Fee Study and agreed to the recommendations of
B&H Consultants.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
MODIFYING ARTICLE XVII (DEVELOPMENT/IMPACT
FEES) FOR CONSISTENCY AND ENACTING SECTION 21-
323 (TRANSPORTATION/ROAD IMPACT FEES); OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Struek through passages are deleted.
Underlined passages are added.
2004-0-39
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Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended by modifying Article XVII (Development/Impact Fees) and enacting
Section 21-323 (Transportation/Road Impact Fees) as set forth in Exhibit" A" which
is attached hereto and incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
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 of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PARTE.
EFFECTIVE DATE.
This Ordinance shall become effective as of January 31,2005.
Stl tK,k du otlgh passages are deleted.
Underlined passages are added.
2004-0-39
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PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on November 1, 2004, 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
The second reading/public hearing of this ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6, 2004 City Council
meeting.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
second reading/public hearing of this ordinance held on December 6, 2004, 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
St! tick tluotlgh passages are deleted.
Underlined passages are added.
2004-0-39
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PASSED AND DULY ADOPTED this
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
9tracktlrcevgh passages are deleted.
Underlined passages are added.
2004-0.39
6th day Of December 2004
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: oC
Donald A. Schmidt
Mayor
Cagz � �YlTi in
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
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EXHIBIT "A"
ARTICLE XVII
DEVELOPMENTnMPACTFEES
SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES .......... XVII-l
Section 21-310.01 - Intent; Purpose; Basis .............................................................. XVII-l
Section 21-310.02 - Definitions ............................................................................... XVII-l
Section 21-310.03 - Exemptions; Non-Exemptions; Waivers. .............. .................. XVII-l
Section 21-310.04 - Pedestrian System Development Fee Schedule ....................... XVII-2
SECTION 21-311 - TREE PRESERV ATION/RELOCATION DEVELOPMENT FEXS"II-2
21- 311. 01 - Intent; Purpose ...................................................................................... XVII - 2
21-311.02 - Tree Relocation Maintenance/Monitoring Requirements .................... XVII-3
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-4
SECTION 21-320 - RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES .......... XVII-4
21- 320.01 - Intent; Purpose...................................................................................... XVII-4
21- 320.02 - Payment required .................................................................................. XVII-4
21- 320.03 - Assessment of fees ............................................................................... XVII-4
21-320.04 - Basis for imposition ............................................................................. XVII-5
21-320.05 - Adjustments .......................................................................................... XVII-5
21-320.06 - Annual review ...................................................................................... XVII-5
21- 320.07 - Credits ......... ......................................................................................... XVII-5
21- 320.08 - Vested rights ................. ........................................................................ XVII-6
21-320.09 - Exemptions ........................................................................................... XVII- 7
21- 320.1 0 - Separate account to be kept .................................................................. XVII-7
21-320.11 - Use of funds ......................................................................................... XVII - 7
21-320.12 - Penalties for offenses ............................................................................ XVII-8
Article XVII
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Rev. 10-04 (Land Development Code)
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SECTION 21-321- FIRE PROTECTION AND EMS IMPACT FEES ..................................... XVII-8
21- 321.01 - Intent; Purpose ...................................................................................... XVII-8
21- 321.02 - Imposition of Fees ................................................................................ XVII-8
21-321.03 - Fees .................................................................................................. ..... XVII-8
21-321.04 - In-Kind Contributions; Refusal of Adjustment; 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-II
21- 3 21. 09 - Credits .............................................................................................. .. XVII-II
21-321.10 - Exemptions ....... ............. ......... ..................... ....................................... XVII-12
21- 321.11 - Appeals ............................................................................................... XVII -12
21-321.12 - Lien! Withholding of Permits for Non-Payment ................................ XVII-13
21- 321.13 - Violations; Relief ............................................................................... XVII -13
SECTION 21-322 - POLICE IMPACT FEES ............................................................................ XVII-13
21- 3 22.01 - Intent; Purpose .................................................................................... XVII -13
21- 322.02 - Imposition of Fees ........................................................................ ...... XVII -14
21-322.03 - Fees............... ...................................................................................... XVII -14
21-322.04 - In-Kind Contributions; Refusal of Adjustment; Covenants ............... XVII-14
21- 322.05 - Review of Fees ................................................................................... XVII -14
21- 322.06 - Trust Fund .......................................................................................... XVII -15
21-322.07 - Collection, Administrative Fees and Use of Funds ............................ XVII-15
21-322.08 - Refund ................................................................................................ XVII-16
21- 322.09 - Credits ................................................................................................ XVII -17
21- 322.10 - Exemptions ......................................................................................... XVII -18
21- 322.11 - Appeals ............................................................................................... XVII -18
21- 322.12 - Lien; Withholding of Permits for Non-Payment ................................ XVII -18
21-322.13 - Violations; Relief ............................................................................... XVII-19
SECTION 21-323 - TRANSPORTATION/ROAD IMPACT FEES ......................................... XVII-19
21-323.01 - Short title: statutory authority: applicability of article ....................... XVII-19
21- 323.02 - Purpose and intent .............................................................................. XVII -19
21-323.03 - Definitions and rules of construction ................................................. XVII-20
21-323.04 - Interpretation of article: enforcement: penalty................................... XVII-24
21-323.05 - Imposition of fee ................................................................................ XVII -24
21- 323.05.01 - Independent calculation ............................................................ ..... XVII -27
21-323.06 - Review of fees .................................................................................... XVII -28
21-323.07 - Reserved ............................................................................................. XVII -28
21- 323.08 - Payment .............................................................................................. XVII _ 28
21-323.09 - Trust funds: use of funds .................................................................... XVII-29
21- 323.10 - Refunds ............................................................................................... XVII _ 30
21-323.11 - Exemptions and credits ...................................................................... XVII-31
Article XVII
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Rev. 10-04 (Land Development Code)
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21- 323.12 - Periodic review ................................................................................... XVII - 32
21-323.13 - Administrative review; procedures .................................................... XVII-32
21-323.14 - Final administrative review; hearings ................................................ XVII-33
SECTION 21-324 -WATER SYSTEM EXTENSION ................................................. XVII-34
21-324.01 - Intent; Purpose; Basis ......................................................................... XVII - 34
21- 324.02 - Availability ......................................................................................... XVII - 35
21-324.03 - On-Site Facilities ................................................................................ XVII-35
SECTION 21-325 - WATER CAPITAL CHARGES .................................................. XVII-35
21- 325.01 - Intent; Purpose; Basis ......................................................................... XVII - 35
21-325.02 - Obligations to City ............................................................................. XVII - 36
21-325.03 - Obligations of Developer ................................................................... XVII- 37
21-325.04 - Developer Agreements Required ...................... ........... ........ .............. XVII-37
21-325.05 - Easements and Right-of-Way............................................................. XVII-37
21-325.06 - System Design; Independent Engineers; City's Engineer .................. XVII-38
21-325.07 - Meter Installation and Connection Fees ............................................. XVII-38
21-325.08 - Inspection Fees ................................................................................... XVII - 39
21-325.09 - Transfer of Contributed Property; Bills of Sale ................................. XVII-39
21-325.10 - Off-Site Facilities; Refundable Advances .......................................... XVII-40
21-325.11 - Water Capital Charge Adjustment; Escalation ................................... XVII-42
21-325.12 - Water Capital Charges for Consumers Outside City Limits .............. XVII-42
21-325.13 - Availability of Copies of Policy ......................................................... XVII-42
SECTION 21-326 - SEWER SYSTEM EXTENSION ............................................................... XVII-42
21-326.01 - Intent; Purpose; Basis ......................................................................... XVII-42
21- 326.02 - Availability ......................................................................................... XVII -43
21-326.03 - Agreements With Other Municipalities ............................................. XVII-43
21-326.04 - On-Site Facilities ................................................................................ XVII -43
SECTION 21-327 - SEWER CAPITAL CHARGES ............................................................. XVII-43
21-327.01 - Intent; Purpose; Basis ......................................................................... XVII-43
21- 327 .02 - Obligations of City ............................................................................. XVII -44
21- 327 .03 - Obligations of Developer ................................................................... XVII -45
21-327.04 - Developer Agreements Required ....................................................... XVII-45
21-327.05 - Easements and Rights-of-Way........................................................... XVII-45
21-327.06 - System Design; Independent Engineer; City's Engineer .................... XVII-45
21- 327.07 - Inspection Fees ................................................................................... XVII -46
21-327.08 - Transfer of Contributed Property; Bills of Sale ................................. XVII-46
21-327.09 - Off-Site Facilities; Refundable Advances .......................................... XVII-47
21-327.10 - Sewer Capital Charge; Adjustment; Escalation ................................. XVII-49
21-327.11 - Sewer Capital Charges for Consumers Outside City Limits .............. XVII-49
Article XVII
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Rev. 10-04 (Land Development Code)
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SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES
21-310.01 - Intent; Purpose; Basis
a. Pedestrian systems are located within the public right-of-way and are a component of the
City's overall transportation system. This project approach is based on the premise that all
the elements of the public right-of-way provide a community-wide, public benefit, not just
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 adjacent property owner.
Section 21-310.02 - Definitions
a. New Building 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 all structures used for housing, warehousing, business, commercial or
industrial purposes whether temporary or permanent.
b. Storage Sheds - shall be considered an accessory use to the principle permitted use. Sheds
shall not be misconstrued with warehouses, mini-warehouses or separate buildings used for
commercial or industrial type storage units.
c. Roadway/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-Exemptions; Waivers
a. Exemptions:
1. new residential subdivisions providing sidewalks on both sides of all streets;
2. Storage sheds.
b. Non-Exemptions:
Rev. 10-04 (Land Development Code)
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1. Established developments or other areas that may not have the necessary
pedestrian/sidewalk facilities needed, will not be exempt from development fees for
new building construction.
c. Waivers:
1. 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.
3. 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 Adjustment:
All &e5 ~ill be revie~ed and adju5ted annuall~, ba5ed on local eOn5UInel e05t5 ofmatcIial
and labol. All adju5tment5 511.111 be e5tabli5hed by resolution applOved of the City Council.
City Staff shall annually review all fees relating to this Section. All adiustments shall be
based on the percentage change as contained in the CPI (Consumer Price Index - All Urban
Consumers) or ENR (Engineering News Record) index as established/reported in April of
each year and shall be automatically adiusted on October 1 of each fiscal year.
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 storm water 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. 10-04 (Land Development Code)
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21-311.02 - Tree Relocation Maintenance/Monitoring Requirements
Any 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 by 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 Requirements
a. Unless otherwise exempted by 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 Attorney'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 by an insurance company legally doing business
in the State of Florida, or other acceptable means as approved by the City Attorney's Office.
This bond shall be in addition to any other bond that may be required by any other
governmental entity.
b. Determination of the bond amount shall be computed pursuant to the Tree Relocation Fee
Schedule as established by resolution of the City Council.
c. 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 by the City.
e. Drawing on Bonds. If a tree is determined by 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 by 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.
Rev. 10-04 (Land Development Code)
XVII-3
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b. The replacement contribution will be determined using a Replacement Tree Fee Schedule
as established by resolution of the City Council.
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 any 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.
c. 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 Edgewater Comprehensive
Plan.
21-320.02 - Payment required
Any person who, after the effective date of this 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 any 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 of the
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
Rev. 10-04 (Land Development Code)
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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.
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 may, at his/her option, submit evidence to the City in support of an
alternative recreational parks and open space impact assessment. Based upon convincing and
competent evidence, the City may adjust the impact fee as appropriate for that particular property.
21-320.06 - Annual review
City Staff shall annually levkw all fcCsldating to this Section. Adjustments shall be based on the
CPI 01 DNR index and any adjustment (inGleasc/deGlease) shall be in an amount apploved by
lcsolution of the City Council.
City Staff shall annually review all fees relating to this Section. All adiustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adiusted on October 1 of each fiscal year.
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 of land, money or services by the applicant
or his predecessor in interest as a condition of any development agreement entered into with
the City prior to the effective date of this Article. 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
or County, 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 privately owned or that serve only the dwelling units within the development.
2. The actual cost or estimated cost of improvements based on recent bid sheet
information of the City or County with respect to that portion of on-site recreational
improvements which creates excess capacity for the general public.
Rev. 10-04 (Land Development Code)
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3. The contribution of land, money or services by the applicant for off-site
improvements to the City's recreational system and for improvements to on-site
recreational facilities which create excess capacity for the general public. 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 Technical Review Committee ("TRC") or based on
such other method as may be mutually agreed upon by the applicant and the TRC.
In the event that the TRC 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 appraisals.
4. Unless otherwise provided in a development agreement between the City and the
applicant or his/her predecessor in interest, no credit for contributions or donations
made prior to the effective date of this Article shall be granted unless the cost of the
improvements was paid for or the contributions were made within the two years prior
to the effective date of this Article.
5. 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.
c. 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 subject to the development agreement.
e. Notwithstanding the criteria specified herein, if any of the 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 rights
a. It is not the intent of this Article to abrogate, diminish or modify the rights of any person that
has vested rights pursuant to a valid governmental act of the 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:
Rev. 10-04 (Land Development Code)
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I. Expenditures or obligations made or incurred in reliance upon an authorizing act are
reasonably equivalent to the fee required by 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 of the 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.
21-320.09 - 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
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 of the 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.
c. Any funds on deposit not immediately necessary for expenditure shall be invested in interest
Rev. 10-04 (Land Development Code)
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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 by an injunction or other legal or equitable relief in Circuit Court against any person
violating this Article, or by both civil injunctive 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
anticipated costs of equipment and facilities necessary to provide fire protection for new
development.
21-321.02 - Imposition of Fees
a. Any person who, after the effective date of this Article, 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 the Fire Protection and Emergency Medical Services (EMS) Impact Fee prior
to the issuance of a building permit or any 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 by resolution of the City Council.
21-321.04 - In-Kind Contributions; Refusal of Adjustment; 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 by certified mail to the
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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 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.
21-321.05 - Review of Fees
a. City Staff shall annually leview all fGeSldating to this Section. Adjustments shall be based
on the CrI 01 ENR index and any adjustment (inGl(,asddeelease) shall be in an amount
apploved by l(,solution ofth(, City Council.
City Staff shall annually review all fees relating to this Section. All adiustments shall be
based on the percentage change as contained in the CPI (Consumer Price Index - All Urban
Consumers) or ENR (Engineering News Record) index as established/reported in April of
each year and shall be automatically adiusted on October 1 of each fiscal year.
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.
21-321.06 - Trust Fund
The Fire/EMS Impact Fee shall be deposited in a Fire/EMS Impact Fee Trust Fund. The
trust fund shall be invested 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 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.
21-321.07 - 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
Rev. 10-04 (Land Development Code)
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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 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, 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
payer 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 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.
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 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 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 City 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.
g. 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. If 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
Rev. 10-04 (Land Development Code)
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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 payer 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 by 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
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.
c. 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 of that date, be returned to the fee payer 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 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 of the City of Edgewater or Volusia County with respect to that portion
of on-site improvements which creates excess capacity for the general public.
3. The contribution of land, 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
Rev. 10-04 (Land Development Code)
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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 this Article.
5. No credit shall exceed the amount of the fire impact fee assessed under Section 21-
321.03 of this Article.
6. No credit shall be allowed for the over-sizing of water lines, widening of roads or
other improvements with only an indirect benefit for fire protection.
b. The amount ofthe 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
successor in interest in the property.
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 occupancy prior to the effective date ofthis 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 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
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Article may be appealed in accordance with those procedures set forth in this Code for appeals of
administrative decisions.
21-321.12 - Lienl Withholding 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) 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 andlor 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.
21-321.13 - 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 injunction or other
legal or equitable relief in the Circuit Court against any person violating this Article, or both civil
injunctive and criminal relief.
SECTION 21-322 - POLICE IMPACT FEES
21-322.01 - 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 new development pays a fair share of the
anticipated costs of equipment and facilities necessary to provide police protection for new
development.
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21-322.02 - Imposition of Fees
a. Any person who seeks, after its effective date of this 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 Impact 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 Impact Fee imposed under this Section shall be as established by
resolution of the City Council.
21-322.04 - In-Kind Contributions; Refusal of Adjustment; 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 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 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.
21-322.05 - Review of Fees
a. City Staff shall annually 1 e v ie w all fces 1 dating to tIlis Section. Adj ustments shall be based
on the CrI 01 ENR index and an, adjustment (inClcasddeClease) sllall be in an amount
approved by resolution of the City Council.
City Staff shall annually review all fees relating to this Section. All adiustments shall be
Rev. 10-04 (Land Development Code)
XVII-14
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based on the percentage change as contained in the CPI (Consumer Price Index - All Urban
Consumers) or ENR (Engineering News Record) index as established/reported in April of
each year and shall be automatically adiusted on October I of each fiscal year.
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.
21-322.06 - 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 of the 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, City Council may accept the offer by a fee payer to
dedicate land and/or construct all or part of a Law Enforcement project. Such construction
must be in accordance with state, county and city design standards applicable to the project.
The fee payer 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 Police impact fee otherwise due. The portion of the 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.
d. Security in the form of a performance bond or escrow agreement shall be posted with and
Rev. 10-04 (Land Development Code)
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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 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 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 City 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 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.
g. 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%) of the fee retained as an administrative fee by the City, therefore, the fee payer
shall be entitled to a refund equal to ninety-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.
c. 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. 10-04 (Land Development Code)
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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 of the City of Edgewater or Volusia County with respect to that portion
of on-site improvements which creates excess capacity for the general public.
3. 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.
5. No credit shall exceed the amount of the 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 ofthe 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.
Rev. 10-04 (Land Development Code)
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c. Any credit issued pursuant to this Section may be transferred by the applicant to any
successor in interest in the property.
21-322.10 - Exemptions
The following shall be exempt from payment 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
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.
21-322.11 - 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.
21-322.12 - 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 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 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 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 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
Rev. 10-04 (Land Development Code)
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of any previously owed impact fee, together with any interest owing, and current impact fee,
if any.
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 injunction or other
legal or equitable relief in the Circuit Court against any person violating this Article, or both civil
injunctive and criminal relief.
SECTION 21-323 - TRANSPORTATION/ROAD IMPACT FEES
21-323.01 - Short title; statutory authority; applicability of section
a. This section shall be known and may be cited as the City of Edgewater Road Impact Fee
Ordinance.
b. The planning for new and expanded roads needed to serve new growth and development that
generate additional traffic and the implementation of these needs through the comprehensive
planning process are the responsibility of the city under F.S. 9163.61 et seq., F.S. ch. 166,
and various special acts relating to the power of the city undertaking zoning, planning and
development activities, and is in the best interest of the health, safety and welfare of the
citizens of the city. This section is adopted pursuant to F.S. ch. 166, and the City Charter.
c. Applicability. This section shall apply throughout the City of Edgewater.
21-323.02 - Purpose and intent
a. The purpose of this section is to enable the city to allow growth and development to proceed
in compliance with the adopted comprehensive plan and to regulate growth and development
so as to require it to share in the burdens of growth bv paying its pro rata share for the
reasonably anticipated costs of needed roadway improvements.
b. This section is intended to implement and be consistent with the city's Comprehensive Plan.
c. It is not the purpose of this section to collect fees from growth and development in excess
of the cost of the reasonably anticipated improvements to the road network needed to serve
the new growth and development. It is specifically acknowledged that this article has
approached the problem of determining the road impact fee in a conservative and reasonable
manner. This section will only partially recoup the governmental expenditures associated
with growth. Existing development will be required to pay a fair share ofthe cost of needed
improvements to the road network.
Rev. 10-04 (Land Development Code)
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Lot means an area of land which abuts a street and which either complies with or is exempt from the
City Subdivision Regulations and is sufficient in size to meet the minimum area and width
requirements for its classification.
Ma;or sports facility means a stadium or racetrack for maior sports events with a permanent seating
capacity of at least 5.000 spectators. Further. a maior sports facility is characterized bv infrequent
use such that there are no more than thirty (30) days of use per year where the facility is at. or above.
ten percent (10%) occupancy. Actual fee for this land use category. provided it meets the definition.
is based on the rate of frequency of use (greater than ten percent {1 O%} occupancy) on an annual
basis.
Mobile home Dark means an area of land under one ownership where designated spaces for mobile
home dwellings are rented. The overall operation is managed on a full or part time basis and
provides various services and facilities for common use.
Motel means a place of lodging that provides sleeping accommodations and often a restaurant.
Motels are generally offer free on-site parking and provide little or no meeting space.
MultiDle-familv dwelling means a building containing three (3) or more dwellings intended to be
occupied primarily by permanent residents.
Off-site imDrovements means road improvements. other than those referenced in the definition of
site-related improvements. located outside of the boundaries of the parcel proposed for development.
which are required to serve the development's external trips.
Percent of new trips means the number of new trips generated by the land development activity.
Site-related improvements means capital improvements and right-of-way dedications for direct
access improvements to the development in question. Direct access improvements includes. but not
limited to. the following:
1.. Site driveways and roads:
2. Right and left turn lanes leading to those driveways and roads:
3. Traffic control measures for those driveways and roads:
4. Acceleration/deceleration lanes:
~ Frontage roads:
6. Median openings/closings: and
7. Roads necessary to provide direct access to the development.
Square foot. for the purpose of the fee schedule. subsection 3-323.05(0(1). means total square
footage of a building area. excluding overhangs.
Thoroughfare svstem means any roadway that has been designated as either an arterial or collector
in the Transportation Element of the city's Comprehensive Plan.
Rev. 10-04 (Land Development Code)
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Thoroughfare system plan means the thoroughfare plan as set out and included III the
Comprehensive Plan.
Traffic generation statement means a documentation of proposed trip generation rates submitted
prior to and as a part of a traffic impact analysis. This documentation shall include actual traffic
generation information from a representative sampling of existing similar developments.
Transportation/road impact fee and fee means the fee required to be paid in accordance with this
section.
Trip means a one-way movement of vehicular travel from an origin (one trip end) to a destination
(the other trip end).
21-323.04 - Interpretation of article: enforcement: penalty
a. Interpretation. The provisions of this section shall be liberally construed to effectively carry
out its purposes in the interest of public health, safety, welfare and convenience.
b. Methods of enforcement. The city shall withhold any certificate of occupancy of any final
inspection approval for construction applicable to this section until the required fee has been
paid.
c. Penalty. A violation of this section shall be punishable according to applicable municipal
codes.
d. Building permits not to be issued to persons failing to pay fee. No building permit shall be
issued by the municipality to any person who, while required by this section to pay a
transportation/road impact fee, has failed to pay such fee.
21-323.05 - Imposition of fee
a. Applicability of fee.
L. Any person who makes or causes the making of an improvement to land which will
generate additional traffic and which requires the issuance of a building permit. or
any person who changes the use of any building to one which will generate
additional traffic, shall be required to pay a transportation/road impact fee in the
manner and amount set forth in this section.
2. No person shall undertake construction of an improvement for which the fee imposed
by this section is applicable without having paid the proper transportation/road
impact fee imposed by this section. No person shall change the use or allow a
change in use of any building where the fee imposed by this section is applicable
without having paid the proper transportation/road impact fee imposed by this
section.
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b. Payment of fee required prior to issuance of any form of development permits which may
include. but not be limited to the following: building permit. certificate of occupancy.
occupational license or use permit. No county or municipal certificate of occupancy.
occupational license or use permit for which a complete application is submitted after
January 31. 2005. for any activity requiring payment of an impact fee pursuant to this section
shall be issued unless and until the transportation/road impact fee required by this section
has been paid. The obligation of a person to pay the fee imposed by this section shall not
be extinguished by the inadvertent failure of the city to collect the fee at the time required.
c. Methods of determination. The transportation/road impact fee for any development activity
generating traffic in the city shall be determined either by using the fee schedule set forth
in subsection (0(1) of this section. or by using the method set forth in section 21-323.05.
d. Presumption of maximum impact. Development is presumed to have the maximum impact
on the road network. The proposed development activity for which an application for a
building permit has been filed shall be presumed by the city engineer or his designee to
generate the maximum number of average daily vehicle trips. vehicle miles of travel and
lane miles of travel.
e. Transportation/road impact fee formula. The following formula shall be used to determine
the impact fee per unit of development:
Impact Fee = (l/2)*(TGR)*(%NT)*(DF)*(ATL)*(CC/LM)(WCL)
Where:
TGR = trip generation rate assigned to each land use
NT = new trips generated by the land use
DF = distribution factor of trips utilizing the thoroughfare network
A TL = average trip length utilizing the thoroughfare network
CC = average road construction cost
LM = lane miles
WCL = weighted capacity per lane mile
f. Fee schedule. The following fee schedule has been prepared based upon the formula
presented in subsection (e) of this section using in part the roadway impact fee update. dated
September 25.2003 prepared for Volusia County by TEl Engineers and Planners. and the
Transportation Impact Fee Study dated August 2004 prepared for the City of Edgewater by
B&H Consultants. Inc.
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L The transportation/road impact fee shall be determined in accordance with the
Transportation/Road Impact Fee Schedule established by resolution of the City
Council.
2. Credits for completed and accepted non-site-related improvements shall be
determined for each application. and shall be deducted from the transportation/road
impact fees listed in the transportation/road impact fee schedule. at the time
transportation/road impact fees are to be paid. The value of non-site-related
improvements for which credits may be allowed shall be determined by the director
of development services.
3. Credits for the present value offuture gas or motor fuel tax payments utilized to fund
capacity expansion of the thoroughfare road systems are included in the calculations
of the fee schedule set out in this section.
4, The fees charged for a building with more than one use shall be for that use having
the highest traffic generation rate except for church buildings with mixed uses or
buildings with residential and non-residential mixed uses. If the church building has
more than one use. the separate uses are to be identified and appropriately charged
according to the fee schedule. If a building has residential and non-residential uses.
the square footage of the building identified as residential will be charged based on
the number of dwelling units. and then. the square footage identified as non-
residential shall be charged for that use having the highest traffic generation rate.
~ If the type of development activity for which a building permit is applied is not
specified on the fee schedule set out in this section. the city shall use the fee
applicable to the most nearly comparable type of land use on the fee schedule. The
city shall be guided in the selection of a comparable type by the report titled
"Institute of Transportation Engineers. Trip Generation: An Information Report"
(sixth or any subsequent editions), If the city determines that there is no comparable
type of land use on the fee schedule set out in this section. then the fee shall be
determined by using traffic generation statistics contained in the report titled
"Institute of Transportation Engineers. Trip Generation: An Information Report"
(sixty-sixth or any subsequent edition). average trip length and percent of new trips
based upon the best data available to the city and by applying the formula set forth
in subsection (e) of this section.
6. In the case of an expansion of an existing use on the same lot or an adioining lot
(which may be intersected by an easement or right-of-way) requiring the issuance of
a building permit. the impact fee shall be based upon the net increase in the impact
fee for the new as compared to the previous use. The city shall be guided in this
determination by the report titled "Institute of Transportation Engineers. Trip
Generation: An Information Report" (sixth or any subsequent edition),
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7. The transportation/road impact fee on a shopping center shall be computed using one
retail-commercial rate for all stores except the out-parcels. which shall be calculated
using the rate for that land use from the transportation/road impact fee schedule.
8. If an affidavit is filed by the owner of real propertv with the county or municipality
certifying that a farm building on a farm is exempt from issuance of a building
permit under Florida law. then the building shall also be exempt from impact fee
charges.
9. Road construction and right-of-way credits issued by the city can be transferred
between lots with identical land uses.
21-323.05-1 - Independent calculation
a. Any person may determine their transportation/road impact fee by providing independent
traffic documentation that their impact on the thoroughfare system is less than the
transportation/road impact fee as determined under subsection (0(1) of section 21-323.05.
The documentation submitted shall show the basis upon which the transportation/road
impact fee has been calculated. which shall conform to the following factors:
L The trip generation rate. trip length and the percent of new trips shall be documented
together. In no event shall they be documented separately. All other variables in the
transportation/road impact fee formula cannot be altered. but shall be based upon
data current at the time this fee shall be due. Petitioners requesting to undertake an
independent calculation may substitute the trip generation rate and the percent of
new trips and trip length in the transportation/road impact fee formula with data
obtained from approved traffic surveys and actual traffic counts generated by
approved traffic studv sites.
2. The unit of measure used for trip generation in the independent calculation must be
identical to the one used in the transportation/road impact fee formula. in order to
measure accurately the proiect's impact on the thoroughfare system.
1,. If a single business or shopping center is studied. at least two (2) sites within the City
of Edgewater must be tested. The results of each site must be added together and
averaged to obtain an alternative trip generation rate. trip length and percent of new
trips. The results can be substituted in the transportation/road impact fee formula.
If the studv results indicate a lower fee. the charges will be adiusted accordingly.
4. If no suitable alternative site is available as determined by the city staff. the applicant
may pay the transportation/road impact fee. and employ a licensed engineer to
conduct a traffic study on the proiect site within six (6) months after the enterprise
is open for business. The traffic study time-frame and monitoring points must be
Rev. 10-04 (Land Development Code)
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approved by the city staff. Only the trip generation rate. trip length and the percent
of new trips can be used in the analysis. Once the results of each sampling point are
added together and averaged they may be substituted in the transportation/road
impact fee formula. The results will be used to determine an appropriate impact fee.
If the traffic study results indicate a lower fee and accepted by the city staff. the
difference will be refunded to the applicant. All refunds are subject to section 21-
323.10. This documentation shall be prepared and presented by licensed engineers.
Specific actions such as the number of manual or automated counts. number of
personal surveys. location of the sampling stations and the layout of the study sites
will be negotiated by the applicant and city staff.
21-323.06 - Review of Fees
City Staff shall annually review all fees relating to this Section. All adjustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adjusted on October 1 of each fiscal year.
21-323.07 - Reserved
21-323.08 - Payment
a. Time of payment lien.
L The person applying for the Issuance of a building permit shall pay the
transportation/road impact fee.
The obligation for payment of the impact fee shall run with the land. However. this
section shall not be construed to relieve an applicant of responsibility or liability for
payment of the impact fees imposed by this section.
In the event the impact fee is not paid prior to the issuance of a building permit for
the affected impact construction. the city may collect the impact fee. together with
interest as provided in section 21-323.08(d).
If no building permit is required upon a change of use of a building. the fee imposed
by this section shall be payable at such time as the person making such change shall
be required to apply for an occupational license.
2. All fees due under this section shall become a lien at the time of the issuance of the
building permit or in the case of a change of use on the issuance of an occupational
license. as the case may be. such fees shall be due. and shall remain a lien. coequal
with the lien of all state. district county and municipal taxes. superior in dignity to
all other liens. titles and claims. until paid. Such lien shall be upon the land on which
an improvement is made requiring the payment of fees and shall be for the amount
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of the fee required, as well as for all penalties and interest due under the provisions
of this section.
b. Method of payment. Payment of transportation/road impact fees shall be made to the City
of Edgewater.
c. Disposition of funds. All funds collected shall be promptly transferred for deposit into a
transportation/road impact fee trust fund and used solely for the purposes specified in this
section.
d. Interest and administrative: penalty.
.L. Interest at the rate set by law for iudgments shall be due on all fees due under this
section from the time such fee was due according to the terms of subsection (a) of
this section. The inclusion in this section of provisions concerning interest due shall
be deemed to be cumulative of the city's rights already existing as a matter of law
to preiudgment interest upon sums which are certain and due and payable at a
specified time. Accordinglv, the requirement for the payment of interest shall be
deemed to apply retroactively to all fees which have previously become due under
the terms of this section: and nothing in this section shall be construed in derogation
of such right otherwise existing at law.
2. There shall be due and payable to the city an administrative penalty of five percent
(5%) per month to a maximum of twenty- five percent (25%) of all fees unpaid at the
time they were due according to the terms of this section. Such administrative
penalty shall accrue monthly on the anniversary of the date when such fee should
have been paid. In the case of fees previously due under the terms of this section,
such penalty shall accrue at the rate of five percent (5%) per month to a maximum
of twenty-five percent (25%) with the first monthly penalty accruing one (1) month
following the effective date of the ordinance from which this subsection (e) is
derived.
The city attorney or a duly authorized representative may execute, serve upon the
owner by certified mail and record a notice of nonpayment in the official records of
the county, which shall contain the legal description of the property and the amount
of the impact fee liability. Said notice shall thereupon operate as a lien against such
property for the amount of the impact fee, together with interest. penalties, and the
costs and fees for collection, coequal with the lien of all state, county, district and
municipal taxes.
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21-323.09 - Trust funds: use of funds
a. Trust funds. There are hereby established a separate transportation/road impact fee trust
fund. Subsequent to the adoption of the ordinance from which this section is derived, should
any parcel or area ofland located within a zone be annexed into the city, the boundaries shall
be deemed amended as of the date of annexation so as to include the land annexed within
the zone of such municipality. Such amendment of zones shall be for the purposes of this
section only and shall not affect any prior payment of fees or expenditure of funds
attributable to the annexed property.
b. Use of funds: administrative fee.
.L Funds collected from transportation/road impact fees shall be used for the purpose
of capital improvements to and expansion of transportation/road facilities associated
with the thoroughfare system plan. Such improvements shall be of the type made
necessary by new development. Final determination of proiects to be funded using
transportation/road impact fee revenues shall be made by the city council.
2. No funds shall be used for periodic or routine maintenance as defined in F.S. 9
334.03.
3. Except as provided in subsection (5) of this subsection, funds shall be used
exclusively for capital improvements or expansion within the municipal boundaries.
Funds shall be deemed expended in the order in which they are collected.
4. The city shalL each fiscal year, prepare a preliminary capital improvement road
program to be funded from each transportation/road impact fee trust fund.
~ The city shall be entitled to retain an amount not to exceed five percent (5%) of all
impact fee funds it collects as an administrative fee to offset the actual administrative
costs associated with the collection of the funds and administering this section.
21-323.10 - Refunds
If it is determined by the city that fee assessments collected pursuant to this section have not been
spent or encumbered or expended by the end ofthe calendar quarter immediately following ten (10)
years from the date the fee was received, or if the development for which the fees were paid was
never begun, then such funds shall be eligible fo refund to the then-present owner in accordance
with the following procedures:
.L The then-present owner must petition the city council for the refund within one (1)
year following the end of the calendar quarter immediately following nine (9) years
from the date on which the fee was received by the city.
Rev. 10-04 (Land Development Code)
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2. The petition must be submitted to the city and must contain:
UD. A notarized sworn statement that the petitioner is the current owner of the
property:
Dll A copy of the dated receipt issued for payment of the fee:
W A certified copy of the latest recorded deed:
@ A copy of the most recent ad valorem tax bill: and
W Such other information which may be reasonably necessary to ascertain
current ownership of the property.
3. Within sixty (60) days from the date of receipt of a petition for refund, the city shall
advise the petitioner of the status of the fee requested for refund. For the purpose of
determining whether fees have been spent or encumbered, the first money placed in
a trust fund account shall be deemed to be the first money taken out of that account
when withdrawals have been made.
4. When the money requested is still in the trust fund account and has not been spent
or encumbered by the end of the calendar quarter immediately following ten (l0)
years from the date the fees were paid, the money shall be returned.
21-323.11 - Exemptions and credits
a. Exemptions. The following activities shall be exempted from payment of the
transportation/road impact fee:
L All land development activities which have received a building permit prior to the
effective date of the ordinance from which this section is derived, except as provided
for in other sections.
2. Alterations or expansions of an existing building where no additional units are
created, and where no additional vehicular trips will be produced over and above that
produced by the existing use.
1:. The construction of an accessory building: which will not produce additional
vehicular trips over and above that which is produced by the principal building or use
of the land.
4. The replacement of a building: with a new building, provided that no additional trips
will be produced over and above those produced by the original use of the land.
~ City owned and city operated buildings, structures or uses used solely for general
governmental purposes.
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b. Credits.
.L No credit shall be given for site related improvements, except as provided for in
subsection (2) of the subsection (b).
2. All roadway improvements and/or right-of-way dedications required under a city
development order or approval which are included within the roads contemplated in
section 21-323.09(b)(1), except for those improvements deemed site related, shall
be credited against transportation/road impact fees. In addition, any person who
constructs or contributes land, money or services for any road improvements
(whether site related or not) contemplated in section 21-323.09(b)(1), which are
included within the most recently adopted five (5) year work program shall be
entitled to credits against transportation/road impact fees imposed pursuant to this
section in accordance with subsection (3) of this subsection (b).
1. Credits shall apply to the person making the contribution. Such person shall have
the right to transfer all or a portion of the available credits. Any transfers ofthis type
which occur shall be filed with the Planning Department at the time of or prior to the
approval of a development order on a form provided by the city. The costs utilized
in computing credits shall be reasonable, but not to exceed the actual. costs of the
improvements constructed or contributed. The person seeking determination of the
credit shall present cost estimates and property appraisals prepared by qualified
professionals to be utilized by the public works department and the Planning
Department in determining the amount of credits. The city retains the right to
prepare its own cost estimate for its use in determining the credit allowed by this
subsection.
21-323.12 - Periodic review
a. This section shall be reviewed by the citv council no less than once every four (4) years.
b. The components of the transportation/road impact fee formula shall be reviewed by the city
council no less than once every four (4) years.
c. Failure of the city to undertake such a review shall result in the continued use and
application of the existing fee schedule and other data.
21-323.13 - Administrative review; procedures
a. A fee payer shall have the right of administrative review of any decision relating to:
.L A determination that a development activity is required to pay an impact fee under
this section:
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2. A determination of the amount of the impact fee: or
~ A determination regarding the amount or application of a credit to be applied against
the impact fee.
The administrative review shall be in the form of an administrative review de novo
of the decision.
b. Except as otherwise provided in this section, the administrative review must be requested
by the fee payer within forty-five (45) calendar days (including Sundays and legal holidays)
from the date of issuance of the impact fee statement or the date of the decision sought to
be reviewed, whichever shall last occur. Failure to request administrative review within the
time provided in this subsection will be deemed a waiver of that right.
c. A written request for administrative review must be filed with the City Manager. The
request shall contain the following:
.L The name and address of the fee payer:
2. The telephone number at which the fee payer may be reached during daytime hours:
~ The legal description of the property in question:
4. If issued, the date the building permit/impact fee statement was issued and the
building permit/impact fee statement number:
l:. If paid, the impact fee receipt number and date of payment
6. A brief description of the nature of the land development activity to be undertaken
pursuant to the building permit/impact fee statement and
7. A statement of the reasons why the fee payer is requesting the administrative review,
including any supporting information and site or construction plans, if appropriate.
d. Within fifteen (15) calendar days of receipt of a request for administrative review, the
decision of the City Manager shall be final and shall be binding upon the fee payer and the
city.
e. The determination of the City Manager may be reviewed by the city council in accordance
with section 21-323.14.
21-323.14 - Final administrative review: hearings
a. A fee payer who is aggrieved by a determination of the City Manager shall have the right
to request a review hearing before the city council.
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b. A review hearing shall be limited to a determination of whether the City manager correctly
applied this section to the facts and circumstances of the fee payer's case.
c. A review hearing shall be requested by the fee payer bv filing a written request for same
with the City Manager, within thirty (30) calendar days after the determination is made by
the director. Failure to request a hearing within the time provided shall be deemed a waiver
of such right.
d. The written request for review hearing to be filed with the City Manager shall contain the
following:
1, The name of the party seeking the review, and the address if a fee payer:
2. The legal description ofthe property in question:
3. If issued, the date the building permit/impact fee statement was issued and the
building permit/impact fee statement number:
4. If paid, the impact fee receipt number and date of payment: and
5. A brief description of the nature of the land development activity being undertaken
pursuant to the building permit/impact fee statement.
e. Upon receipt of a request for review hearing, the City Manager shall schedule a hearing
before the city council at a regular meeting or special meeting called for the purpose of
conducting the hearing. The city shall provide the fee payer with reasonable written notice
of the time and place of the hearing. A review hearing shall be held within forty-five (45)
days of the date the request for hearing was filed.
1. The review hearing shall be held by the city council and shall be conducted in a manner
designed to obtain all information and evidence relevant to the requested hearing. Formal
rules of civil procedure and evidence shall not be applicable: however, the hearing shall be
conducted in a fair and impartial manner with each party having an opportunity to be heard
and to present evidence.
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 defray or partially defray the cost of an on-site
water distribution system, the allocable share of an off-site water distribution system and the
Rev. 10-04 (Land Development Code)
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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 service area.
21-324.02 - Availability
The provisions of this extension policy are available to consumers and property owners throughout
the water service area of the 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 of the complete water system
located in the streets or easements adjoining 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 system.
c. 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 over-sizing
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
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 of the developer's installation of the 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
Rev. 10-04 (Land Development Code)
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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 paying 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 may 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 may 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
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 of the water capital charge.
21-325.02 - Obligations 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
Rev. 10-04 (Land Development Code)
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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 of the developer in lieu of the 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 - Obligations 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 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 Agreements 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 plumber's 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 water services; engineering errors and omissions; rules, regulations and procedures of the 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
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 Right-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 of the proposed facilities. Such grant or conveyance shall be in
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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 of the City join with the consumer's own installation.
21-325.06 - System Design; Independent Engineers; City's Engineer
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 of 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 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 any off-site facilities 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 be required
to pay 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 of the 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 by resolution of
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 upsizing 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
Rev. 10-04 (Land Development Code)
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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 exfiltration, 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 of the subject 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 system on the
developer's own property or on other property with respect to any required off-site facilities
shall, prior to interconnection with the City's existing facilities, convey such component
parts of the water distribution system free of patent and latent defects to the City by bill of
sale in a form satisfactory to the City Attorney, together with such evidence as may be
required by the City that the water distribution system 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 of the water meter or on the consumer's side of the 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.
c. 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
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utility facilities constructed by the developer and proposed to be transferred to the City.
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 of the 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 of this 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 property with the then terminus of the Edgewater water system in compliance
with the City Water System Master Plan.
c. 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 by 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 reject 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 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
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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 reject 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:
(a) The developer shall always be responsible for his hydraulic share of the cost
of such facilities, as determined by the City;
(b) 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;
( c) 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;
(d) 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 of the refund agreement will have
lapsed, and thereafter such refund agreement will be canceled;
(e) 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 hydraulic share of such improvements;
(f) The City shall not include any interest upon the refund of a developer's
advance;
(g) If the City advances any of the costs of such off-site facilities, the City shall
be reimbursed in full before any payment is made to the developer;
(h) The refunding agreement shall contain a sketch or legal description of the
benefitted properties; and
(I) 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 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 of the City has lapsed under the terms of the
refund agreement.
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21-325.11 - Water Capital Charge Adjustment; 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 dec.lalEs that the schedule ofwatcr capital
chargcs 5hall bc escalated bMcd upon increasc5 alising f10lll these fact0l5 M set forth and identified
in the Enginecring Ne tlV5 Record (ENR) Constl uction Cost Index a5 c5tabli5hcd on January 1 of each
year. The tlVatGr capital chalge5 5hall bc atrtomatically adjusted annually by the percentage change
in the ENR C01l5truction C05t Index as established on January 1 of each year.
City Staff shall annually review all fees relating to this Section. All adiustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adiusted on October 1 of each fiscal year.
21-325.12 - Water Capital Charges 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 of the 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 of the City Council.
21-325.13 - Availability of Copies of Policy
Copies of this extension policy shall be maintained at the Edgewater water system's offices and shall
be available to all prospective consumers upon request, either in person or by mail, addressed to the
City.
SECTION 21-326 - SEWER SYSTEM EXTENSION
21-326.01 - Intent; Purpose; Basis
The City of Edge water, hereinafter referred to as the "City", as the owner and operator of the 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
system and the allocable shares 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
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 prospective
consumers within the present or future service area.
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21-326.02 - Availability
The provisions of this 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 - Agreements 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 subject 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 adjoining 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.
c. 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.
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
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 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
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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 paying 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 of the 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. If the 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 - Obligations 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 system.
b. The City 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
of the developer in lieu of the developer's installation of such facilities, the City will provide
lines for sewer service to a developer's lot line ready for plumber's hookup and the
installation of meters.
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21-327.03 - Obligations 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
of the 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 Agreements 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 Rights-of-Way
As a prerequisite to the construction of any sewer 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 of the proposed facilities. All such easements or rights-of-way shall be in a form
acceptable to the City. Such grant or conveyance shall be in a form satisfactory to the City Attorney.
Such conveyances when located on the property of the developer shall be made without cost to the
City.
21-327.06 - System Design; Independent Engineer; City's Engineer
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
the Director and shall conform in all respects to the criteria of the City governing the
Rev. 10-04 (Land Development Code)
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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 City 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 City
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" 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 of the 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 system on the developer's own
property 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 of the sewer
system to the City free of patent and latent defects by bill of sale in a form satisfactory 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 ofconsumer's lines located on the consumer's side of the point
of service shall not be transferred to the City and shall remain the property of the developer,
Rev. 10-04 (Land Development Code)
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a subsequent owner-occupant or their successors and assigns. Such consumer lines shall
remain the maintenance responsibility of the developer or subsequent consumers.
c. 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 City.
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 of the 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 sewer system installed by a
developer until such time as the provisions of this section have been fully met by 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 necessary 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 developers 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 property for which the City does not have in place
the off-site sewer infrastructure lines and facilities necessary to connect such property 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 developers property with the City sewer system and its primary interceptor force
main in compliance with the City Sewer System Master Plan, subject to the provisions of
Section 21-326.04 and 21-326.09 regarding oversized lines and facilities.
Rev. 10-04 (Land Development Code)
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c. As an alternative to the developers 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 benefited by such extension enter into a funding or reimbursement agreement to
equitably allocate the cost of any such extension among the benefited properties, which
agreement shall be in addition to the contribution provisions set forth herein. The City may
accept or reject 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 reject 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:
(a) The developer shall always be responsible for his proportionate share of the
cost of such lines and facilities, as determined by the City;
(b) 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 primary interceptor
force main;
( c) 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 properties will be served by the facilities installed by the developer;
(d) 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 of the refund agreement will have
lapsed, and thereafter such refund agreement will be canceled;
(e) 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;
(f) The City shall not include any interest upon the refund of a developer's
advance;
(g) If the City advances any of the costs of such lines and facilities, the City shall
be reimbursed in full before any payment is made to the developer;
(h) The refunding agreement shall contain a sketch or legal description of the
Rev. 10-04 (Land Development Code)
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benefited properties; and
(i) 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 by 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 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 reimbursement
obligations of the City has lapsed under the terms of the refund agreement.
21-327.10 - Sewer Capital Charge; Adjustment; Escalation
The basis for sewer capital charge schedule set forth herein has been structured by the City with
regard to two (2) major but variable factors. First, the present level of construction costs of sewer
collection and treatment plant facilities; second, the treatment level 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 se t'Ver capital charges set forth hGIein shall bc cscalated
bascd upon increascs alising froll1 thcsc factors or as set forth and identified in the Engineering
Net'Vs RecOld (ENR) Constmction Cost Indcx 01 Crt The set'Vel capital charges shall be
mrton1atieally adjusted arultlally by the pGIcentage change in the ENR Constmctioll Cost Index as
established on January I of each yea1.
City Staff shall annually review all fees relating to this Section. All adiustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adiusted on October I of each fiscal year.
21-327.11 - Sewer Capital Charges for Consumers Outside City Limits
The sewer capital charges established herein, as from time to time adjusted 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 by the City for consumers inside the corporate limits
of the City plus a surcharge equal to that surcharge established by resolution of the City Council.
Rev. 10-04 (Land Development Code)
XVII-49