2019-O-24 - LDC Article XVII ORDINANCE NO.2019-0-24
AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING ARTICLE XVII (DEVELOPMENTAMPACT FEES)
OF CHAPTER 21 (LAND DEVELOPMENT CODE); 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:
I. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted Chapter
21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On September 8, 2018, City Council adopted Ordinance # 2018-0-02 which amended
Chapter 21 (Land Development Code), Article XVII (Development/Impact Fees).
3. Adoption of this Ordinance will modify the above-referenced Articles of Chapter 21
(Land Development Code).
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING XVII (DEVELOPMENT/IMPACT FEES) OF
CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending
Article XVII (Development/Impact Fees) as set forth in Exhibit "A", which is attached hereto and
incorporated herein.
&rikeihrengp passages are deleted. I
Underlined passages are added.
2019-0-24
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hereby superseded by this ordinance to the extent of such conflict.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 by a court of competent jurisdiction, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to
any person, property,or circumstances by a court of competent jurisdiction, such holding shall not affect
its applicability to any other person,property, or circumstance.
PART D. 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 re-lettered to accomplished
such intention; provided, however,that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
During the November 18, 2019 Council Meeting, City Manager Irby requested that this Item
(Item #8b)be pulled and continued to the December 2,2019 Council Meeting.
After Motion to approve by Councilwoman Power, and second by Councilman Conroy, the vote
on the first reading of this ordinance held on December 2, 2019 was as follows:
,,eugh passages are deleted. 2
Underlined passages are added.
2019-0-24
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power R
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
After Motion to approve by (rC2 (i r-I'c'I"�^ , and second by
the vote on the second reading of this
ordinance held ono-��, 2020 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this��� day of 2020.
ATTEST: CITY COUNCIL OF THE
CITY ED W FLOR
��atl�
Robin L. Matusiek Mike T
City Clerk/Paralegal -Hoye
For the use and reliance only by the City of Edgewater,Florida. Approved by the City Council of the it of
Approved as to form and legality by: Edgewater at a meeting held on this Ld_day
Aaron R.Wolfe,Esquire of4} _,2020 under Agenda Item No.
City Attorney k�-
Doran,Sims,Wolfe, Ciocchetti&Yoan
�;;aogh passages are deleted. 3
Underlined passages are added.
2019.0-24
Exhibit"A"
ARTICLE XVII
DEVELOPMENUIMPACT FEES
rstemlie thmugh passages are deleted. 4
Underlined passages are added.
2019-0-24
ARTICLE XVII
DEVELOPMENTAMPACT FEES
SECTION 21-310-PEDESTRIAN SYSTEM(SIDEWALK)DEVELOPMENT FEES...........XVII-1
21-310.01 -Intent;Purpose;Basis..................................................................................................XVII-1
21-310.02-Definitions...................................................................................................................XVII-1
21-310.03 -Exemptions;Non-Exemptions; Waivers.....................................................................XVII-1
21-310.04-Pedestrian System Development Fee Schedule...........................................................XVII-2
SECTION 21-311 -TREE PRESERVATION/RELOCATION DEVELOPMENT FEES........XVII-2
21-311.01 -Intent; Purpose.............................................................................................................XVII-2
21-311.02-Tree Relocation Maintenance/Monitoring Requirements............................................XVII-2
21-311.03 -Tree Relocation Bond Requirements...........................................................................XVII-3
21-311.04- Payment in Lieu of Tree Replacement........................................................................XVII-3
21-311.05 -Tree Replacement Account..........................................................................................XVII-3
SECTION 21-320-RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES............XVII-4
21-320.01 -Intent; Purpose.............................................................................................................XVII-4
21-320.02-Payment required.........................................................................................................XVII-4
ssmeat 4fee XITI 44
21-320.04-03 - Basis for imposition................................................................................................XVII-4
21-320.43-04 -Adjustments............................................................................................................XVII-5
21-320.06-05 -Annual review.........................................................................................................XVII-5
21-320.07-06-Credits.....................................................................................................................XVII-5
21-320.08-07 -Vested rights...........................................................................................................XVII-6
21-320.49-08-Exemptions.............................................................................................................XVII-7
21-320.4AD-09- Separate account to be kept.................................................................................._XVII-7
21-320.4-1-10-Use of funds............................................................................................................XVII-7
21-320.4�11 -Penalties for offenses..............................................................................................XVII-8
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-11
21-321.09-Credits........................................................................................................................XVII-11
21-321.10-Exemptions................................................................................................................XVII-12
21-321.11 -Appeals......................................................................................................................XVII-12
21-321.12-Lien/Withholding of Permits for Non-Payment...................................................XVII-1342
21-321.13 -Violations; Relief.......................................................................................................XVII-13
SECTION 21-322-POLICE IMPACT FEES.............................................................................XVII-13
21-322.01 -Intent; Purpose...........................................................................................................XVII-13
21-322.02- Imposition of Fees.....................................................................................................XVII-13
21-322.03- Fees............................................................................................................................XVII-14
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-i
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-16
21-322.10- Exemptions................................................................................................................XVII-17
21-322.11 -Appeals......................................................................................................................XVII-18
21-322.12-Lien; Withholding of Permits for Non-Payment.......................................................XVII-18
21-322.13 - Violations; Relief.......................................................................................................XVII-18
SECTION 21-323-TRANSPORTATION/ROAD IMPACT FEES..........................................XVII-19
21-323.01 - Short Title;Statutory Authority;Applicability of Section........................................XVII-19
21-323.02-Purpose and intent......................................................................................................XVII-19
21-323.03 -Definitions and Rules of Construction...................................................... XVII-19
21-323.04 - Interpretation of Article; Enforcement; Penalty ........................................................XVII-24
21-323.05 -Imposition of Fee.......................................................................................................XVII-24
21-323.06- Independent calculation.............................................................................................XVII-27
21-323.07- Review of Fees..........................................................................................................XVII-28
21-323.08-Payment.....................................................................................................................XVII-28
21-323.09-Trust funds; Use of funds..........................................................................................XVII-29
21-323.10-Refunds......................................................................................................................XVII-30
21-323A 1 - Exemptions and credits..............................................................................................XVII-31
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-34
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 of the 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-3939
21-325.09-Transfer of Contributed Property;Bills of Sale.........................................................XVII-39
21-325.10-Off-Site Facilities;Refundable Advances.................................................................XVII-40
21-325.1 I -Water Capital Charge Adjustment;Escalation.............................. .......................XVII-4244
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-4342
21-326.03 -Agreements with Other Municipalities......................................................................XVII-43
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019.0-24 XVII-ii
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 ofCi XVIT-4544
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-4644
21-327.06- System Design; Independent Engineer;City's Engineer.......................................XVII-464-5
21-327.07-Inspection Fees..........................................................................................................XVII-46
21-327.08-Transfer of Contributed Property;Bills of Sale.....................................................XVII-4746
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-5049
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-iii
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.
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 and/or 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 11 of the Land Development Code and which classification is consistent with the
Comprehensive Plan.
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:
I. Established developments or other areas that may not have the necessary
pedestrian/sidewalk facilities needed, will not be exempt from development fees for new
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-1
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.
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 �-. troa-ordinance of the City Council.
b. Fee Adjustment:
City Staff shall amweNy-review all fees relating to this Section every two (21 years. All
adjustments shall be based on the percentage change as contained in the U.S. Bureau of
Labor Statistics Southeast Reeional CPI (Consumer Price Index - All Urban Consumer) e
and
shall be automatically adjusted on October 1 of eaeh-every other fiscal year.
SECTION 21-311 -TREE PRESERVATION/RELOCATION DEVELOPMENT FEES
21-311.01 -Intent; Purpose
The City desires to improve the appearance of the City; protect and improve property values by
protecting certain trees to aid in the stabilization of soil by the prevention of erosion and
sedimentation; reduce stormwater runoff and assist with the replenishment of groundwater
supplies.
Based on the requirements contained in Chapter 21 (Land Development Code), Article V (Site
Design Criteria), Sections 21-54 (Landscaping Requirements) and 21-55 (Tree Protection
Requirements), the City acknowledges that there are certain extenuating circumstances during
new construction and/or development.
21-311.02 -Tree Relocation Maintenance/Monitoring Requirements
Any person conducting tree relocation activities shall:
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-2
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 eesehNietrordinance 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.
b. The replacement contribution will be determined using a Replacement Tree Fee Schedule as
established by res&kAiaa-ordinance of the City Council.
21-311.05 -Tree Replacement Account
a. Establishment A City Tree Replacement Account is hereby established as a depository for
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-3
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 Palms shrubbery, ground cover, ornamentals and accent Plantings;;and
to cover any other ancillary costs including but not limited to: landscaping, irrigation,
sprinkler systems and other items or materials necessary and proper for the preservation,
maintenance, relocation or restoration of tree and landscaping 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-pf�
used f. rad
oinc
f fees
21-320."03- Basis for imposition
a_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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-4
b Recreational Parks and Open Space Impact Fee Formula.
The following formula shall be used to determine the impact fee per unit of development:
Impact Fee= Park Fee+Fee in Lieu
Park Fee= (Overall Estimated Cost/Population) ' (Functional Pormlation/Unit)
Fee in Lieu=Land Acquisition Cost/ERU
21-320.0504-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.
21-320.06-05-Axnxal-FReview of Fees
City staff shall review all fees relating to this Section every€ivetwo (32) years. All adjustments
shall be based on a review of parkland and recreational facility Level of Service (LOS) standards
located in the Comprehensive Plan population projections value of facility improvements, and
cost of parkland acquisition.
City Staff shall mHually Feview all fees Feketing ja this Feetien. All adj,91m ants shall be based
21-320.04-06- 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:
I. 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.
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-5
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 MAI 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. However, 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.
21-320.08-07-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:
1. Expenditures or obligations made or incurred in reliance upon an authorizing act are
reasonably equivalent to the fee required by Sections 21-320.03; 21-320.04 and 21-
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-6
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 Development Services Department within one year of the effective date of this
Article.
21-320.49-08-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.
21-320.44-09- 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.
21-320.1t 0 -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
bearing accounts. All income derived shall be deposited in the Recreational Parks and Open
Space Impact Fee Account. Applicants shall not receive credit for or be entitled to interest
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 X V II-7
from the investment of funds.
21-320.431 1 -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-prier
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
a. The amount of Fire Protection and EMS Impact Fees imposed under this Section shall be
as established by resehdierwrdinance of the City Council.
b Fire/EMS Impact Fee Formula.
The following formula shall be used to determine the impact fee per unit of development:
Impact Fee =Functional Population/Unit- Cost/Functional Population
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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-S
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 of land
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 review all fees relating to this Section every two (2) years. All
adjustments shall be based on the functional Population methodology, with a review of
current level of service and using the most recently available data from Institute of
Transportation Engineers (ITEI Volusia County Appraisers Office and value of capital
facility improvements.
a. Gity Staff 4hall RHA lally Faview all fees Felsaifig to this seetion. All adjugtMerug shall be
h. &-h FAVieW Shall ifialude an analysis of the level of sen,iee let each
impaet lee amount is based, the ame tit shall be adjusted bgs-9 upon the then eXistifig le-el
of seFyiee.
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
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-9
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 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
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
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
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-10
impact fee is paid and the funds clear.
21 32108 Rp,fund
0
0
) of the i et fee paid. NO intemqt will be Paid
m'q.Al,a,Hfl8n shall not be ehaFged the administfativg fee on the amount P�fiaid@d-
intemst at the FeW of six PeFeiiftq4%)_P�
21-321.0"8-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 Volusia County, of off-site improvements. Improvements eligible for a
credit are those improvements proposed that will benefit not only the dwellings on-site,
but also the general public. Improvements not eligible for a credit are those facilities that
are privately owned or that serve only the dwellings within the development.
2. The actual cost or estimated cost of improvements based on recent bid sheet information
of the City of 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 of land, 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 MAI 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)
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-II
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 of the credit shall be determined by the City Manager. However, 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.
21-321.40-09-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 of this Article as may be amended from
time to time.
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.
21-321.44-10-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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-i2
21-321.44-11 -Lien/Withholding of Permits for Non-Payment
a. If through 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 was sent by certified mail, shall be a lien against the
property on which the specific development from 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 Volusia. 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 and/or occupancy permits may be issued only upon full payment of
any previously owed impact fee, together with any interest owing and current impact fee, if
any.
21-321.4312 - 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.
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
in the manner and amount set forth in this Section.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-13
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
a. The amount of the Police Impact Fee imposed under this Section shall be as established
by reselu ien-ordinance of the City Council.
b Police Impact Fee Formula.
The following formula shall be used ono determine the impact fee per unit of
development:
Impact Fee=Functional Population/Unit• Cost/Functional Population
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 of land
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 review all fees relating to this Section every two (2) years. All
adjustments shall be based on the functional population methodology, with a review of
current level of service and using the most recently available data from Institute of
Transportation Engineers (ITE) Volusia County Appraisers Office and value of capital
facility imorovements.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-14
..t .. e f.. eAph ' . 6._ r('.L..
h. F--h FAView Shall inehide au analysis of the leWl
impffet fee sme"Ht is based, the amount shall be adjusted based upon the then esisting level
of se[V/G&
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 ail 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
lb� +s-u.j ufla" suth fees base been paid OF until N e City has .. md_tkie te land area
alternati- , &Aeff.m 3fdeF 5hRlI Hal be EFAHR-d Wall tile ifflVaEt fe�S ha-,� been paid.
k<a.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.
e4, 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.
da,Security in the form of a performance bond or escrow agreement shall be posted with and
made payable to the City in an amount approved by the City Manager equal to one hundred
ten percent (110%) of the full cost of such construction. If construction of the project is not
to be completed within one year of the acceptance of the offer by the City, the amount of
CITY OF EDGE W ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-15
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.
rd.No impact fee is required for the issuance of any building permit for residential use which
does not result in an additional living unit.
1-t_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.
wI 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.
+L.<,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 n, 8 Refund
,mtifl-d to a r.fi-nd of the impost fee paid as a e8ndition ff)F its iSSHaHee, less the four pofeem
a. if a building pennit -XpiFes and no eenSNFIX36814 !!as been eammeneed; the fee payeF shall be
entitled to a Fefund equal to ninety six Peneent) of the fee netaineA as an adminisnative fee by the City, theFO&FA; the
.. ..HeF eee ..
following si* (6) )-eani &OM the date the ifflPiket fee Was Paid shall, UPOR W4eafien-of`the
fee payer within ene hundned eighty (180) days of that date, be Fetinned In the fee Payer with
21-322.O"8 - 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-Ib
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 Volusia County, of off-site improvements. Improvements eligible for a
credit are those improvements proposed that will benefit not only the dwellings on-site,
but also the general public. Improvements not eligible for a credit are those facilities that
are privately owned or that serve only the dwellings within the development.
2. The actual cost or estimated cost of improvements based on recent bid sheet information
of the City of 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 of the
appraised land value of the parent parcel as determined by an MAI 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 of the credit shall be determined by the City Manager; provided, however, that
the determination may be appealed to the City Council, whose decision shall be final and
binding on the applicant.
c. Any credit issued pursuant to this Section may be transferred by the applicant to any
successor in interest in the property.
21-322.4"9-Exemptions
The following shall be exempt from payment of the Police Impact Fee:
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVI1-17
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 as may be amended from
time to time.
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.
21-322.44-10 - 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.
21-322.4-2-11 -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 was sent by certified mail, 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 Volusia. 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 and/or occupancy permits may be issued only upon full payment of
any previously owed impact fee, together with any interest owing and current impact fee, if
any.
21-322.43-12-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
CITY OF EDGEWATER LAND DEVELOPNIENT CODE
2019-0-24 XVII-18
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 -TRANSPORTATIONIROAD 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. §163.61 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 by 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 of the cost of needed improvements to the road network.
21-323.03 -Definitions and Rules of Construction
For the purposes of administration and enforcement of this Section, unless otherwise stated in
this Section,the following rules of construction shall apply to the text of this Section:
a. In case of any difference of meaning or implementation between the text of this Section
and any caption, illustration, summary table or illustrative table,the text shall control.
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-19
I. The word "shall' is always mandatory and not discretionary; the word "may" is
permissive.
2. Words used in the present tense shall include the future; and words in the singular
number shall include the plural, and the plural the singular, unless the context
clearly indicates the contrary.
3. The phrase "used for' includes "arranged for," "designed for," "maintained for'
or`occupied for."
4. The word "person' includes an individual, a corporation, a partnership, a
governmental entity or agency, an incorporated association or any other similar
entity.
5. The word "includes" shall not limit a term to the specific example but is intended
to extend its meaning to all other instances or circumstances of a like kind or
character.
6. Any road right-of-way used to define transportation impact fee zone boundaries
may be considered to be within any zone it bounds for purposes of using these
funds.
7. The land use types listed shall have the same meaning as contained in the Land
Development Code and City of Edgewater Code of Ordinances.
b. The following words, terms and phrases, when used in this Section, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a
different meaning.
Accessory use means any use or attached or detached structure clearly incidental, subordinate
and related to the principal use or structure and located on the same lot with such principal use or
structure.
Apartment means a rental dwelling unit that is located within the same building with at least two
(2) other dwelling units. Sites included in this land use are triplexes and all types of apartment
buildings. The apartments in this land use include both low-rise or "walk-up"dwellings and
high-rise.
Applicant means any person applying for or who has been granted a permit to proceed with a
project.
Average trip length means the average length in miles of external trips.
Building means any structure with an impervious roof built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind, which has enclosing walls for fifty percent
(50%) or more of its perimeter. The term "building" shall be construed as if followed by the
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-20
words`or part thereof."
Building area means the area included within surrounding exterior walls, or exterior walls and
fire walls.
Building permit means the documentation required by the municipal building code authorizing
construction or alteration of any building.
Capacity means the maximum number of vehicles for a given time period which a road can
safely and efficiently carry; usually expressed in terms of vehicles per day.
Capital improvement includes transportation planning, preliminary engineering, engineering
studies, design and construction plan preparation, land surveys, right-of-way acquisition,
engineering, permitting and construction of all the necessary features for any road construction
project including,but not limited to:
1. Construction of new through lanes.
2. Construction of new turn lanes.
3. Construction of new bridges.
4. Construction of new drainage facilities and utilities in conjunction with new
roadway construction.
5. Purchase and installation of traffic signalization (including new signalization and
upgrading signalization).
6. Construction of curbs, medians, shoulders, sidewalks and bike paths.
7. Relocating utilities to accommodate new roadway construction.
Certificate of occupancy means the official document or permit issued by the City evidencing the
completion of construction of a building in accordance with all applicable codes and its legal
entitlement to permanent occupancy and use.
Collecting agency means the local governmental authority having jurisdiction to authorize the
making of any material change of any structure, including the construction, enlargement,
alteration or repair of buildings, or the local governmental authority having jurisdiction to
authorize rezoning or special exceptions that make material changes in the use or appearance of
land without making material changes of any structures on the land.
Dwelling means one or more rooms in a building forming a separate and independent
housekeeping establishment, arranged, designed or intended to be used or occupied by one
family, and having no enclosed space or cooking or sanitary facilities in common with any other
dwelling unit with no ingress or egress through any other dwelling unit, and containing
permanent provisions for sleeping facilities, sanitary facilities and not more than one kitchen
facility.
Dwelling, manufactured means a dwelling fabricated in a manufacturing facility and bearing a
seal certifying it is constructed to standards as adopted under the authority of F.S. § 553.35 et
seq. And rules adopted by the Florida Department of Community Affairs under Chapter 9B-1 et
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-21
seq., Florida Administrative Code.
Dwelling, mobile home means a single-family dwelling fabricated in a manufacturing facility,
having a width of more than 8 Yz feet and a length of more than forty (40) feet, and bearing a seal
certifying it is constructed either to the Federal Manufactured Housing Construction and Safety
Standards Code or to obsolete ANSI 119.1 Mobile Home Design and Construction Standards.
Dwelling, single-family means a building containing only one dwelling. This term includes a
manufactured or mobile home dwelling.
Expansion. Expansion of the capacity of a road applies to all road and intersection capacity
enhancements and includes extensions, widening, intersection improvements, upgrading
signalization and improving pavement conditions.
External trip means and refers to any trip that has either its origin or destination at the
development site and that impacts the major road network.
Fee payer means any person or entity who pays a transportation/road impact fee or his/her
successor in interest with the right or entitlement to any refund of previously paid development
impact fees which is required by this Section and which has been expressly transferred or
assigned to the successor in interest. In the absence of an express transfer or assignment or
entitlement to any refund or previously paid development impact fees, the right or entitlement
shall be deemed"not to run with the land."
Frontage road and marginal-access road means a minor street which parallels and is adjacent to
an arterial, thoroughfare or state road, and which provides access to abutting properties and
protection from through traffic.
Hotel means a place of lodging that provides sleeping accommodations, restaurants, cocktail
lounges, meeting and banquet rooms or convention facilities, and other retail and service shops.
Some of the sites included in this land use category are actually large motels providing the
facilities of a hotel.
Land development activity generating mafc means the carrying out of any building activity or
the making of any material change in the use of appearance of any structure or land that attracts
or produces vehicular trips over and above that produced by the existing use of the land.
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.
Major sports facility means a stadium or racetrack for major sports events with a permanent
seating capacity of at least 5,000 spectators. Further, a major sports facility is characterized by
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 {10%)
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-22
occupancy)on an annual basis.
Mobile Home Park 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 generally offer free on-site parking and provide little or no meeting space.
Multiple family dwelling means a building containing three(3) or more dwellings intended to be
occupied primarily by permanent residents.
Off-site improvements 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 ofnew 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:
I. 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;
5. 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(f)(1), means total square
footage of a building area, excluding overhangs.
Thoroughfare system means any roadway that has been designated as either an arterial or
collector in the Transportation Element of the City's Comprehensive Plan.
Thoroughfare system plan means the thoroughfare plan as set out and included in 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.
Transportationlroad impact fee and fee means the fee required to be paid in accordance with this
Section.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019.0-24 XVII-23
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 13eFfflits n8t!a he issued te i3efseiis Fa ling to pay fee. 1,10 builditig rp�it Shall
be iSSUed 11 4118 M - HH� reFSORWho, while _e.. '_ed 6. this ca,..',
T_.._,..., i4at' ._.o,.ad litip et Fe,. has failed to pa .. eh fee
21-323.05-Imposition of Fee
a. Applicability of fee.
1. 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.
b.
include, but t be limited . the tAlBiNrifig� L i d'.. . l3fffflit, FtifiCet, Of e
business twi Feeeilit Bf No county or municipal certificate of occupancy,
business tax receipt 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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-24
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 (f)(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=(1/2)*(TGR)*(°/oNT)*(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
ATL =average trip length utilizing the thoroughfare network
CC=average road construction cost
LM = lane miles
WCL=weighted capacity per lane mile
f. Fse s.h.uaie The fells: ' c__ weed' 'e has�o rals«� �o been pi:ep"ed basedopen the erma:e.
Edge a F L. B&I 1 Consultants, l
4f. The Transportation/Road Impact Fee shall be determined in accordance with the
Transportation/Road Impact Fee Schedule established by .e....li Ilan ordinance of
the City Council.
24. 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-25
Schedule, at the time transportation/mad 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.
32. Credits for the present value of future 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.
43. 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. The square
footage identified as non-residential shall be charged for that use having the
highest traffic generation rate.
54. 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" (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.
65. In the case of an expansion of an existing use on the same lot or an adjoining 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).
76. 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.
97. If an affidavit is filed by the owner of real property 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-26
impact fee charges.
48. Road construction and right-of-way credits issued by the City can be transferred
between lots with identical land uses.
21-323.06 -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 (f)(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:
1. 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 study 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 project's impact on the thoroughfare system.
3. 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 study results indicate a lower fee, the charges will be adjusted
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 project site within six (6) months after
the enterprise is open for business. The traffic study time-frame and monitoring
points must be 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
CITY OF EDGE W ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-27
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.
21-323.07- Review of Fees
City staff shall review all fees relating to this Section every two (2) years All
adiustments shall be based on a review of transportation Level of Service (LOS) standards
located in the Comprehensive Plan population proiections, anticipated impacts to the
transportation system through Proposed development and value of transportation related capital
improvements.
r:t. StOg Sh011 a~ _ l _ _l fees Felating
o this Sect _ Allad' . shallhe LAsed
on t rm ta5e ..._I _ d , the GPI I ..^ensmner Rriee Ipde* All Urban
5_ _ _ ,e C
GORSHMOFS) OF
Alp I➢.,.. ...,..1.... A .. S D,._.._d) :,,Ae, a tab ishad _ .t.,a
��K. w��
21-323.08 -Payment
a. Time of payment; lien.
1. 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 impaet fee is met p
ect
migaet
tegethe
t with interest, ..yided ' Seet ,�_ 21 323.49(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 aIx business tax receipt.
2. All fees due under this Section shall become a lien at the time of the issuance of
buildingthe , abusiness
tax receipt, 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 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.
CITY OF EDGE WATER LAND DEVELOPWNT CODE
2019-0-24 XVII-28
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.
1. Interest at the rate set by law forjudgments 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 prejudgment interest
upon sums which are certain and due and payable at a specified time. Accordingly, 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.
3. 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.
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 of land 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.
1. Funds collected from Transportation/Road Impact Fees shall be used for the
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-29
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 projects 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. §
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.
5. 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.
21j211A--Refunds
if it is dote. in.d L. the Gity that fee assessmeRts eal .. ted P thk Se-t(..R L... ..
. .. m vew.u....e.. of Hot
been spent eF eneumbemd BF ended by the end of thy. .... ...d... .. ....n.. ..aA:..tel. CHawing
teR (l0) . .aFS 4 9141 the Elate the C..e %'ft.. FeBeik'.d .... "thy. A... .. ..��..�� A....hdeh the fees .eFe
.�.. \.v/ Jvv.o ..v.0 the vu.e u... rva v ,
paid
was _ eve_ beg____, ______ SUS__ ____ oum. be cu w.a w. .c.vuv is the .ue. rnvs.-nmWmcrm
I The then « petition the City Co .. feF the fo fi within one
(1) . 0..1 g thy. eRd Of the ..id ff .. a .'.a..l. 0.. .. e (9)
yeafs ffem the date on"ieh the fee was reeeived by the Git�,.
2. he submitted o the City�.ty and�m,,,a., ena„r
(a) A notarized Sjv,FH statement that the retitiefief 5 the current awfi@F afthp,
ptupeRy',
(b) A copy of the dated Feeeipt issued for payment of the fey.
(d) ' ` f the '' esent ad valorem to bill; and
(a) Sn�sh ath'er inf��e�r:,at;a L,.--.^.,,,e., ..-h —a5r he FeasenaLy„eeessiu�y tea,w.,ain
eurrent F-h'« Of thy.
3. 1Vithin sixty-(50) days frmthe date of_....eipt of_ petitian o__ refund,
thy. City
shallad. ise the « of the st,tus Af the C e .. red fee «C nd F 0.e
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-30
Inwpose of whether fees hAv, been
the 4rst
b Pma ,
meney Y
4. When the meney requested 69 still in the trust fund aeeeant and has not be@R speRt
of eaeumbeFed out af that aeeeum when wMdrawals have bee i made
ye"s fFem the date the fees weFe paid,th@ maney shall he Fetumed.
21-323.14-10-Exemptions and credits
a. Exemptions.
The following activities shall be exempted from payment of the Transportation/Road
Impact Fee:
1. All land development activities which have received a building permit prior to the
effective date of the ordinance, as may be amended from time to time, 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.
3. 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.
5. City owned and City operated buildings, structures or uses used solely for general
governmental purposes.
b. Credits.
1. 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
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-31
imposed pursuant to this Section in accordance with subsection (3) of this
subsection (b).
3. 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 of this
type which occur shall be filed with the Development Services 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 Development Services 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.
21-323.44-11 -Periodic review
a. This Section shall be reviewed by the City 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.
21-323.44-12-Administrative review; Procedures
a. A fee payer shall have the right of administrative review of any decision relating to:
1. A determination that a development activity is required to pay an impact fee
under this Section;
2. A determination of the amount of the impact fee; or
3. 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.
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-32
C. A written request for administrative review must be filed with the City Manager. The
request shall contain the following:
1. The name and address of the fee payer;
2. The telephone number at which the fee payer may be reached during daytime
hours;
3. 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;
5. 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.
21-323.44-13 - 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.
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 by 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:
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-33
I. The name of the party seeking the review and the address if a fee payer;
2. The legal description of the 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.
f. 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 establishes this extension policy for the purpose of creating a uniform
method of determining the capital charges to be bome 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
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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-34
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
1. 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.
2. 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.
3. In the event the City requires the installation of oversized lines or facilities designed to
provide service for other properties, then the City shall pay for the cost of such oversizing
by means of a direct cash payment by the City to the developer or a credit against water
capital charges otherwise to be paid by the developer. The limited size of the developer's
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
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 reselution ordinance 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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-35
The amount of credit shall not exceed the amount prepaid or the approved credit authorized
in the developer's agreement.
The v ateF eapital charge Shall be Paid ffieF Is the eliee!:1600 b) the City af the FDEP
c. Water Capital Charge formula,
The following formula shall be used to determine the capital charge per unit of development
Capital Charge=Total Capacity Cost * Equivalent Flow/ERU
d. The Total Capacity Cost is based upon a combination of existing available capacity and
future capacity costs. The Level of Service (LOS) per ERU is established in the City's
Comprehensive Plan The allocation for the Capital Charge shall be as follows
L Water
(a) 50% Treatment Capacitv Charge
(b) 50% Distribution Capacity Charge
may
. _ _ _
Peak lead
C_..:_.._.-.enta Se-. 'ees•e(L.._d..efleF ....C..__ed ♦ HS
¢il'....et ff )
deeFease in the total equivalent eesideatial unit value. The DiFestef mBy use this
may-ve-less then q—bi
established L... `ion of the City Co
ed . ,.L.._..a L. e .._ .. Abe a shall pay
fal abaFge instead of the am ..L.._ge egtablishad L.._.:_
eaY 6
2 Alm fflMi
appliORHt meJ YaJ SQP401 EhRrgO as established the T
L.-.'f a (1) .. data Je Usage
n' _ f.._ FmAmv. The Difeetaf may use this in&fmatiano d
eteFmiae a total ER!-;
value, wh:sh may be less then OF _(L _ that a stablishad L. the Git
Oe than J
of e..l.. I..i 6_ the appliSBHt MUSt ad. ',.
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.
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-O-24 XVII-36
b. The City shall maintain as-built information on its water facilities in the office of its
designated representatives for the purpose of providing reasonable information concerning
the location of its water facilities.
c. The City shall install all meters upon the request of prospective consumers, provided that all
fees and charges as described herein and the established meter installation fees have been
paid in accordance with the provisions of the extension policy.
d. In instances where the City undertakes the installation of water distribution lines at the cost
and expense 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 famish 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 famished 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 counsel or 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 X V II-37
corresponding with the installation of the proposed facilities. Such grant or conveyance shall be
in a form satisfactory to the City Attorney. All such easements or rights-of-way shall be in a
form acceptable to the City. Such conveyances when located on the property of the developer
shall be made without cost to the City. The City reserves the right to require such easement or
right-of-way to the point at which the meter is proposed to be installed or at the point of deliver
of service, being the point at which the facilities 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 P089114 an
ordinance 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 any one
location. However, 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-38
with the Meter Connection Fee Schedule as adopted by reseletien-ordinance of the City
Council. Meter connection fees are minimum fees and assume that the consumer's facility is
ready for a meter set. The Director may assess such other fee as necessary to recover the cost
of meter connection.
21-325.08-Inspection Fees
a. The City reserves the right to inspect the installation of all water distribution facilities
installed by a developer or developer's contractors, which facilities are proposed to be
transferred to the City for ownership, operation and control. Such inspection is designed to
assure the City that waterlines are installed in accordance with approved designs and are
further consistent with the criteria and specifications governing the kind and quality of such
installation. The City further reserves the right to be present at tests of component parts of
the water distribution system for the purpose of determining that the system, as constructed,
conforms to the City's criteria for 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-39
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
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 water facilities, the developer may request that the City enter into a refunding
agreement whereby the refundable advance is made by the developer to further
temporarily defray the cost of any off-site extension of water mains and pumping stations
necessary to connect the developer's property with the then terminus of the Edgewater
water system in compliance with the City Water System Master Plan. The City may
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-40
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;
(t) 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 benefited
properties; and
(i) The refunding agreement shall be recorded in the public records of Volusia 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 reimbursement
CITY OF EDGE WATER LAND DEVELOPMENT CODE
2019.0-24 X V II-41
obligation of the City has lapsed under the terms of the refund agreement.
21-325.11 -Water Capital Charge Adjustment; Escalation
The basis for the water capital charge schedule set forth by teselutien ordinance 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 govemmental entities with jurisdiction.
City staff shall review all fees relating to this Section every two (2) years All
adjustments shall be based on a review of potable water Level of Service (LOS) standards
located in the Comprehensive Plan population projections anticipated impacts to the utilities
system through proposed development and value of utilities related capital improvements
City Staff shall afinuehy Feview all fees Felating te this Seetion. All adjustments shall he based
an .he peF enrage „hang„ as eentained in the rmr EEensamef Prise index rl11 JI ben
b b
5'BaF Had Shall he autematisally adjusted an Ooteb@F 1 Of Well fi6881 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
21-325.11, 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
ordinance 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 Edgewater, 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 home 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-42
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.
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 Volusia 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 of the 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-43
determination of the point of reasonable availability for connection to the City sewer system
shall be determined in accordance with policies from time to time established by the City.
As set forth in this Section,the developer may incur additional charges and expenses in order
to obtain sewer service, which charges and expenses are not defrayed by its payment of
sewer capital charges. Nothing contained in this Section shall be construed to obligate the
City to extend sewer services to any lands within its sewer system territory.
b. The sewer capital charge shall be established by reseletien rdinance 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.
The Se%eF eapital Chafg@ shall be paid pfiff to the exeUUtia" b) t1je City of tile FPP.
c. Sewer Capital Charge formula
The following formula shall be used to determine the capital charge per unit of development
Capital Charge=Total Capacity Cost " Equivalent Flow/ERU
d The Total Capacity Cost is based upon a combination of existing available capacity and
future capacity costs. The Level of Service (LOS) per ERU is established in the City's
Comorehensive Plan. The allocation for the Capital Charge shall be as follows:.
I. Sewer
(a) 60%Treatment Capacity Charge
FLbo_40 %Collection Capacity Charpye
this intermation to Elele�ine a Fevised value, whieh may he less than ef gFeateF th" tha
established by
..ed seweF a tal J..L....-... in eithe- ease, the applieant shall
2.
and afteF one (1) year of epemfien, submit one (1) year's date on aetual usage to the
gFeateF than that established by the Gity, and whioh 00,11
be used to detefmine a ..od se;seFeapital .J..-Fge if the ..YY
YY
the� fiL.-
r Y J�a a SeweF eftpital
5 0.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019.0-24 XVII-44
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.
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 famished 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 of the 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 counsel or persons
qualified to draft and prepare such agreements. Said charge shall not exceed that amount
normally to be contemplated for such services.
CITYOFEDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-45
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
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 bome 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019.0-24 X V II-46
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 of consumer'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, 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 developer's property or to enter into a refunding
agreement or reimbursement agreement should a developer or others elect to undertake any
such extension of lines and facilities; provided, however, that whenever a developer or others
CITY OF EDGE W ATER LAND DEVELOPMENT CODE
2019-0-24 X V II-47
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 developer's 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.
c. As an alternative to the developer's payment of the entire cost of extension of such off-site
sewer lines and facilities, the developer may request that the City and other property owners
potentially 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; and
(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; and
(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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-48
served by the facilities installed by the developer; and
(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;and
(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; and
(f) The City shall not include any interest upon the refund of a developer's advance;and
(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;and
(h) The refunding agreement shall contain a sketch or legal description of the benefited
properties; and
(i) The refunding agreement shall be recorded in the public records of Volusia County,
Florida.
2. If the City enters into a refunding agreement as aforesaid, then a developer or property
owner who makes use of lines 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.
City staff shall review all fees relating to this Section every two (2) years All adjustments shall
be based on a review of sanitary sewer Level of Service (LOS) standards located in the
Comprehensive Plan Population Projections anticipated impacts to the utilities system through
Proposed development and value of utilities related capital improvements
Gitt' Staff shall aRRUftily FON-48W all fees ot9 this Seetion. All adjustments
CITY OF EDGEW ATER LAND DEVELOPMENT CODE
2019-0-24 XVII-49
on thepefeentage 'hangs—a the GIN (GansumeF Prise index ,AM 14139n
5--ffandshall be autamati--115, adjusted
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 resehNien
ordinance of the City Council.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2019-0-24 XVII-50