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87-O-4ORDINANCE NO. 87-0-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER AMENDING ARTICLE IV, SECTION 19- 47 BY INSTITUTING A WATER AND SEWER MAJOR USER PROGRAM PROVIDING FOR POLICY; PROCEDURE FOR CAP- ACITY; PAYMENT OF SEWER AND WATER FEES; FDER PER- MITS; ALLOCATION FACTORS; CAPACITY RECAPTURE; CHANGES OF FEES; CAPACITY LISTS; CITY APPLICANTS CAPACITY; SEPTIC TANK POLICY; EXTENSION POLICY; RESERVE CAPACITY FEE AND PREPAYMENT POLICY; CON- TAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING AND EFFECTIVE DATE. WHEREAS, the City of Edgewater wants to institute a Major Water and Sewer User Policy and Program to accomplish the follow- ing goals: 1. To plan for and better accommodate major wastewater users generating a minimum flow of 3,375 gpd and water users generating a minimum flow of 3,750 gpd. 2. To delineate major user procedures. 3. To provide a mechanism allowing service commitment for major capacity requests. 4. To establish a reserve capacity fee for unused services. 5. To delineate major user service policies. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. Article IV, Section 19-47 of the Code of Ordi- nances of the City of Edgewater is hereby amended by creating a new Section 19-47 in its entirety to read as follows: Section 19-47 - MAJOR USER UTILITIES -- POLICY; PROCEDURE FOR OBTAINING CAPACITY. (a) STATEMENT OF POLICY The policy provides for allocations based on specific requests in the form of requisite gallons per day of water or sewage capacity for new development, renovation, alterations, etc. The policy includes information on the application procedure, derivation of required capacity and specific program requirements. b) PROCEDURE FOR OBTAINING CAPACITY Applications for sewage or water capacity shall be submitted to the City of Edgewater's Utilities Department. Applications shall consist of appropriate forms and documentation as delineated in Section 4 and shall be available from the City. Applications will be given a preliminary screening when submitted, and any incomplete or incorrect applications will be returned to the applicant for necessary revisions. Accepted applications shall be entered on a categorical Pending Sewage or Water Capacity List. Applications will be classified by the following categories: SUBDIVISION SINGLE FAMILY - Applicants desiring to build multiple single family residences, LARGE MULTI -FAMILY - Applicants desiring to build multiple multi -family residential units. LARGE COMMERCIAL/INDUSTRIAL/INSTITUTIONAL - Applicants for commercial development whose requested capacity allocation is in excess of 3,375 gpd sewer or 3,750 gpd water. Placement on a list will serve to confirm receipt of a valid application and insure an equitable "First Come -First Served" processing of applications. Applicants will be notified by certified mail that capacity is available for allocation for their specific project and advised as to any additional information or documentation required to facilitate review of their application. Applicants will be required to provide such information or otherwise perfect a pending application within thirty (30) calendar days from notification by the Utilities Department. Failure to provide requested information within this time will result in removal of the application from the appropriate Pending Sewage Capacity or Pending Water Capacity List. Following review, processing and approval of the application by the Utilities Department, the Sewer and/or Water Fees will be calculated for the project. Payment of the Fees, as prescribed in this policy, will be required before the application is finally certified by the City. Payment of the Sewer and/or Water Fees shall constitute a reservation of capacity and will remain as such, subject to compete compliance with other provisions of the policy. -2- Ord. 87-0-4 To obtain sewage and/or water capacity allocations, the property for which capacity application is made must be appropriately zoned and platted to support the proposed development and shall comply with all appropriate aspects of the City Code. If at the time an application is submitted the property is not appropriatey zoned and platted, capacity may be reserved by payment of the presribed Sewer and/or Water Fees. The applicant will have twenty-four (24) months from the date of capacity reservation to achieve compliance with the zoning, platting and permitting requirements and to obtain requisite Building Permit (a), or be subject to the recapture provisions of this policy. In cases of applications for capacity allocations for non-residential developments, the applicant shall provide sufficient information to facilitate a reasonable estimate of capacity needs and determination of the Sewer and/or Water Fees. Capacity will be reserved based on this estimate and payment of the prescribed Fees; however, upon completion of final building plans, the plans shall be submitted for re-evaluation of capacity needs and re -computation of the Fees. Should the final plans reflect a capacity in excess of that previously reserved, additional capacity will be reserved, if available, and the applicant will be required to pay the differential Sewer and/or Water Fees. Should additional capacity be required and not be available, the applicant shall, at his option, modify his plans consistent with the previously reserved capacity or withdraw his application and secure a refund of any previously paid Fees. The applicant will have twenty-four (24) months from the date of capacity reservation to submit the final building plans and to obtain requisite Building Permit(s), or be subject to the recapture provisions of this policy. The property must be developed in accordance with all appropriate aspects of the City Code (e.g., Building Code, Planning and Zoning Code, etc.) in order to qualify for a certificate of occupancy. Reservation of capacity in no way guarantees that the subject property will automatically be approved by the City Building Department. SECTION 19-47.1 SAME -- PAYMENT OF SEWER FEES -3- Ord. 87-0-4 (a) As indicated in the preceding section of this policy, Sewer Fees will be determined in conjunction with each application. The Sewer Fees shall consist of all applicable connection and impact fees for the system connection. Payment of the Sewer Fees will be as follows: (1) At the time of application for sewage capacity, and following Sewer Fee determination, the applicant will be required to pay 100% of the Fees as a condition of capacity reservation. The applicant will have sixty (60) days from the date of notification by the Utilities Department to pay the Fees. Failure to make payment within this time frame will result in the removal of the application from the appropriate Pending Sewage Capacity List. SECTION 19-47.2 SAME -- PAYMENT OF WATER FEES (a) As indicated in Section 19.47(b) of this policy, Water Fees will be determined in conjunction with each application. The Water Fees shall consist of all applicable connection and impact fees for the system connection. Payment of the Water Fees will be as follows: (1) At the time of application for sewage capacity, and following Water Fee determination, the applicant will be required to pay 100% of the Fees as a condition of capacity reservation. The applicant will have sixty (60) calendar days from the date of notification by the Utilities Department to pay the Fees. Failure to make payment within this time frame will result in removal of the application from the appropriate Pending Water Capacity List. SECTION 19-47.3 SAME -- FDER PERMITS Applications for sewage or water capacity may require a permit from the Florida Department of Environmental Regulation (FDER) subsequent to processing of the application by the Utilities Department and reservation of capacity. If required, it shall be the responsibility of the applicant to obtain this permit from FDER and to provide any additional information or documentation required. The applicant will have three hundred sixty-five (365) -4- Ord. 87-0-4 C calendar days from the date of capacity reservation by the City to obtain the required FDER permit or be subject to the recapture provisions of this policy. Should the Department refuse to issue the permit, or modify the capacity allocation or number of developmental units, it will be incumbent upon the applicant to notify the Utilities Department to facilitate refunds or recalculations of the Sewer and/or Water Fees and requisite revisions to City record. Permits issued by the FDER have an expiration date of one year from the date of issuance. During the life of the permit, the applicant must construct the sewage or water collection/transmission system in accordance with the approved permitted plans. Should the permit expire and the construction of the sewage or water system not be completed, the City may, subject to FDER approval, agree to an extension of the permit, subject further to a satisfactory demonstration that construction of the system has been initiated and is being actively prosecuted. If construction of the system has not been initiated, or is not being actively prosecuted, the City may rescind its certification of the project, and the applicant will be subject to the capacity recapture provisions of this policy. SECTION 19.47-4 SAME -- ALLOCATION FACTORS AND LIMITATIONS Application for sewage capacity allocations will be a minimum of 3,375 gpd per and water capacity allocations will be a minimum of 3,750 gpd. Evaluations of the City of Edgewater's Utility System have resulted in Equivalent Residential Unit (ERU) flows of 250 gpd for water and 225 gpd for wastewater. In reserving and allocating capacity for applications submitted to the Utilities Department the ERU factor method or one of the methods outlined in Section 3.06 shall be used. The method selected shall be approved by the Utiities Department. SECTION 19-47.5 SAME -- CAPACITY RESERVATION OR ALLOCATION RECAPTURE (a) Having obtained a sewage and/or water capacity reservation or allocation, the reservation or allocation shall be used and applied only with respect to the property for which the line omitted 6 corrected 6/26/87. QoDa -5- Ord. 87-0-4 application for sewage and/or water capacity has been made and approved. The reservation or allocation shall inure to the property, subject to the provisions of this policy. The applicant is not otherwise permitted to sell, lease, sublet, assign, lend or transfer a capacity reservation or allocation, without the prior notification and approval of the Utilities Department to insure maximum benefit utilization of the available sewage and/or water capacity. The City reserves the right to recapture capacity, reservations or allocations, or parts thereof, for failure of the applicant to meet the condition of authorization, or to responsibly and timely prosecute the development of the project for which capacity was obtained. The City's sole responsibility in recapturing previously reserved or allocated capacity, or parts thereof, will be to refund the Sewer and/or Water Fees, or portions thereof, paid by the applicant for said capacity. (b) The City may institute the recapture of reserved or allocated sewage or water capacity under the following circumstances: (1) Failure to obtain an FDER permit, if required, within three hundred sixty-five (365) calendar days following capacity reservation, (2) Failure to obtain requisite Building Permit(s) and pay remainder of Sewer or Water Fees within two (2) years following capacity reservation, (3) Failure to obtain appropriate zoning and platting of the development within two (2) years of capacity reservation, (4) Failure to provide final building plans for commercial or other developments, for which capacity reservation was based on preliminary estimates, within two (2) years of capacity reservation, (5) Failure to obtain requisite City connection permit(s) following issuance of requisite building permit(s), (6) Failure to comply with FDER permit requirements within the life of the permit, unless the permit is extended, (7) violation of the prohibition against transfer of a capacity reservation or allocation, or failure to provide -6- Ord. 87-0-4 C requisite notification to the Utilities Department of any change in ownership of the property for which a reservation or allocation has been obtained, (8) Failure of those applicants who have previously obtained capacity allocations in the existing system to pay outstanding Sewer or Water Fees and complete actions leading to utilization of such capacity allocation within the time frames provided elsewhere in this policy, (9) Failure to comply with the requirements of this major user Service Policy, as from time to time amended. (c) The City shall give the applicant, or successor in interest according to City records, thirty (30) calendar days written notice of its intent to recapture reserved or allocated sewage or water capacity as provided above. The notice shall contain the basis for the intended recapture and state what corrective action is required to preserve the capacity reservation or allocation. During the thirty (30) day period, the applicant may take corrective action to come into compliance with the requirements of the policy. Any recapture of capacity, as provided in this policy is subject to review by the City Council. SECTION 19-47.6 SAME -- SEWER AND WATER FEES SUBJECT TO CHANGE Sewer and Water Fees may be changed at any time, subject to approval by the City Council and notification provisions prescribed by the City Code. Applicants who have secured capacity reservations or allocations under this policy will not be subject to such changes provided that they are in compliance with the provisions of this policy. Applications made subsequent to changes in the Sewer or Water Fees will be subject to such changes. Applicants who have obtained capacity under previous policies will be required to pay the Sewer or Water Fees within the time provided elsewhere in this policy, but because such capacity is allocated against existing wastewater or water treatment facilities, the Fees will be based on the policy and rates in effect immediately prior to adoption of this policy. SECTION 19-47.7 Same -- PENDING SEWAGE AND WATER CAPACITY LISTS As indicated previously in this policy, all applications for -7- Ord. 87-0-4 .O O service will be placed on a Pending Sewage or Water Capacity List if capacity is not available. SECTION 19-47.8 SAME -- CAPACITY FOR CITY APPLICANTS ONLY In light of the limitations on capacity available for allocation in the immediate future, all capacity available for allocations will be limited to applicants located within the City of Edgewater, or those that are in the process of annexation into the City. Applications for connections outside of the City limits will not be accepted, even if they would connect to sewers or water lines owned and maintained by the City, unless such connections are specifically provided for in a pre-existing linterlocal or service agreement. SECTION 19-47.9 SAME - SEPTIC TANK POLICY In addressing the sewer treatment capacity needs of the City, it is recognized that properly designed, constructed and maintained septic tank systems can be of significant benefit. Accordingly, although it is not the policy of the City, applicants for service will be advised that, should they desire, the City may process septic tank covenants to permit septic tank construction within the City, in lieu of connection to public sewer systems, subject to an appropriately documented request certified by a Professional Engineer, registered in the State of Florida. The City reserves the right to require, at any time, connection to the central sewer system when the facilities are within 200 LF of the subject property. SECTION 19-47.10 SAME -- SYSTEM EXTENSION POLICY (a) The City of Edgewater Code of Ordinances outlines the City's extension policy. For water service, if a request is made beyond the limits of the present distribution system, the water department may install a main to the property line, if the propery is located within one hundred (100) feet of the present mains. This extension policy shall not apply to property located outside the City limits. Where more than one hundred (100) feet of main is required, the water department shall make a determination as to whether or not to provide service based on economic, public health and system integrity consideration. In -8- Ord. 87-0-4 C the event the application is determined to be economically unfeasible, service may still be provided if the persons requesting such service will pay all costs in connection therewith. (b) For extensions of the water or sewer system outside of the City, the City Council shall have the power and authority to make said extension upon whatever terms and conditions the City Council shall determine, if it is determined by the City Council that said extension will promote the public health, safety and welfare and will be economically feasible for the City and citizens thereof. All costs of extending the City water or sewer system shall be done solely at the expense of said person requiring said extension and the plans of any water system to which the City water lines shall be extended shall be first approved by the City Engineers prior to making connection to the City Water system. SECTION 19-47.11 SAME -- RESERVE CAPACITY FEE (a) Each City of Edgewater water or sewer permit shall remain current five years from the date of capacity availability and shall run with the land for which the permit is issued. A Reserve Capacity Fee shall be paid annually for each ERU of capacity allocated to an applicant which remains unused after capacity has been made available. A Reserve Capacity Fee will be established pursuant to law by the City of Edgewater based on the cost to the City of maintaining unused sewage or water capacity for the amount of treatment set forth in said permit. Should a permit become non -current, the right to connection established by such permit shall terminate. Any non -current permit may be re-established as current only after application for current status is applied for and upon capacity for that type of permit becoming available to the applicant in the same manner as if the same were a new application. Such permit shall be re -certified as current subject to all of the conditions of a new permit. All fees paid pursuant thereto shall, upon issuance of a water or sewer permit therefore, be non-refundable. Prior to the City water or sewer permit becoming non -current, City permittee -9- Ord. 87-0-4 1 may apply for an extension of a City permit beyond the period provided herein if the permittee can demonstrate to the satisfaction of the Utilities Department that the project for which the permit is issued is progressing. Determination of the term progressing shall be made by the Utilities Department and shall not exempt permittees from payment of the Reserve Capacity Fee as described herein. All customers who hold city permits authorizing connection to any city treatment facilities shall begin paying the Reserve Capacity Fee twelve (12) months from the date of capacity allocation and shall pay said fee each year thereafter for each unconnected ERU. All unpaid Reserve Capacity Fees shall accrue, and no connection shall be allowed to any City treatment plant pursuant to any City permit until all such unpaid, accrued fees related to said permit have been paid in full by the permittee or his assigns. Except as provided in the preceding paragraph, the obligation to continue paying the annual Reserve Capacity Fee for a particular ERU of service capacity shall terminate upon connection of that particular ERU of capacity to a City treatment plant. (b) Reserve Capacity Fee shall be established and may be changed by duly adopted resolution of the City Council. SECTION 19-47.12 SAME -- PREPAYMENT OPTION Applicants desirous of reserving advance capacity in the City of Edgewater water or wastewater treatment facilities may purchase same at the prevailing Water or Wastewater Fee Charge, which will guarantee the availability of the purchased capacity and that it will not be subject to subsequent increases in the charge. In addition, purchases of capacity under this provision will not be subject to requirements of this policy for making application under the Pending Sewage or Water Capacity Listing. They will also be afforded flexibility in utilization of their purchased capacity within prescribed land holding for which the capacity is obtained. Approval of the City for parcel to parcel -10- Ord. 87-0-4 transfers, or between different types of planned development will not be required. Applicants will be required to process applications through the City to facilitate payment of other relevant charges and to initiate City approvals of required FDER permits. SECTION 2. All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 3. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. SECTION 4. This ordinance shall take effect immmediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Councilman Rotundo This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and approval as provided by law, at a regular meeting of said Council on the 2nd day of February , 1987. The second reading of this ordinance to be at a regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 2nd day of March , 1987. ROLL CALL VOTE ON ORDINANCE NO. 87-0-4 4 Mayor Councilma ``o e One ou Gilman- o de'Two %a.��-�- Counc i lmad-`�i o/n e17 hree C ncilman-Zone Four SECOND READING: Mayor -11- Ord. 87-0-4 C City Clerk / This ordinance rja and adopted on second reading at a regular meeting of the City Council of the City of Edgewater, Florida, and authenticated this 2nd day of March , 1987. Mayor Thisord; ce ared by: A orney -12- Ord. 87-0-9