HomeMy WebLinkAbout818-02 Establish Water Facility Connection Fees 11tilillll'll illilll1ll1111' ` i1 11111111111111Illlillil
ORDINANCE NO.: 818-02 2002196865
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS, FLORIDA, ESTABLISHING
WATER FACILITY CAPACITY FEES TO BE
IMPOSED ON NEW CONNECTIONS TO WATER
FACILITIES TO PROVIDE WATER FACILITIES
ADEQUATE TO ACCOMMODATE THE DEMAND
FOR SUCH FACILITIES GENERATED BY NEW
CONNECTIONS AND TO ASSESS THE COSTS OF
SUCH FACILITIES PRORATA AGAINST NEW
CONNECTIONS; RECITING FINDINGS AND INTENT;
RECITING THE AUTHORITY OF THE CITY OF
ZEPHYRHILLS TO ENACT WATER FACILITIES
CAPACITY FEES; DEFINING THE TERMS USED IN
THE WATER FACILITIES CAPACITY FEE r
ORDINANCE; REQUIRING THAT A PAYMENT OFj 0
WATER FACILITIES CAPACITY FEES BY NEW ,DT:' ,
CONNECTIONS AND DESIGNATING THE TIME OF g°�
_PAYMENT; SPECIFYING THE APPLICABILITY OF i, L
THE WATER FACILITIES CAPACITY FEE
ORDINANCE ; AUTHORIZING THE ,q so
ESTABLISHMENT OF A WATER FACILITIES i 2
CAPACITY FEE DISTRICT; PROVIDING FOR THE
CALCULATION OF THE WATER FACILITIES I m
CAPACITY FEES; REGULATING THE COLLECTION ; ;;
AND EXPENSE OF FUNDS COLLECTED; CREATING
TRUST FUNDS FOR MONIES COLLECTED;
PROVIDING FOR REFUNDS AND CREDITS;
PROVIDING FOR BIANNUAL REVIEW; PROVIDING
FOR APPEALS AND ADMINISTRATIVE PETITIONS;
PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE
CITY OF ZEPHYRHILLS; PROVIDING FOR NO
REPEAL OF PRIOR ORDINANCES BUT THAT THE
TERMS IN THIS ORDINANCE SHALL PREVAIL
OVER THOSE CONFLICTING TERMS IN PRIOR
ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE. i JFD PITT !AN FASC:O CO�JN Y CLERK.
12/18;" 2 04:31pm �. or 14
alr ak. 51'73 'cl 98
WHEREAS, the City Council of the City of Zephyrhills enacted Ordinance No.: 395,which
require that new development pay for the increases caused by such, in the distribution of water to
serve the development; and
WHEREAS, the City's terminology for the Impact Fees in said Ordinance was connection
fees; and
WHEREAS, the City has ordered a study by George F. Young, Inc., concerning the water
and sewer connections, and same was completed and delivered to the City in April of 2002; and
WHEREAS, the City Council of the City of Zephyrhills has reviewed the study, conducted
a public hearing and thereafter approved the study,together with the recommendations therein; and
WHEREAS, the City intends to follow the proposed recommendations and change the
Record and Return to:
City Clerk's Office
5335 8th Street al"` j
Zephyrhills, FL 33540
5173 Pc 6
QR EA . . .
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terminology of the City fee from Connection Fee to Water Facility Capacity Fees; designate the
amount to be paid, or a formula to be utilized in determining the amount owed by the new
development, and provide for a time in which payment must be made; and
WHEREAS, the City also intends to provide for appeals and studies for parties who believe
that they are adversely,effected by this Ordinance; and
WHEREAS,the City,by enactment of this Ordinance, specifically does not repeal Ordinance
No.:395, but intends to retain it for all of those persons who have paid their connection fees
thereunder, or any of those who are approved for permits from the Site Plan Review or Building
Department, prior to the enactment of this Ordinance. The Ordinance shall only operate
prospectively and not retroactively. Any language,terms or amounts in this Ordinance, which are
inconsistent with the prior Ordinance shall prevail over Ordinance No.: 395.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS,AS FOLLOWS:
SECTION 1. Short Title. This Ordinance shall be cited as the City of Zephyrhills Water
Facility Capacity Fee Ordinance.
SECTION 2. Findings. The City Council of the City of Zephyrhills, hereinafter
referred to as "Council", hereby finds and declares that:
a. The City of Zephyrhills, Florida has experienced rapid growth during the 1980s
and 1990s, which have strained the ability of the City of Zephyrhills to provide water
facilities to meet the demands created by new connections to the water system.
b. The City of Zephyrhills' Comprehensive Plan, as adopted by Ordinance No.: 506 in
1989, and as revised and updated from time-to-time, and further census and population
studies,to date; indicate that this growth will continue at a substantial rate through out the
upcoming decades and will place significant demand on the City to provide water facilities
to support new connections.
c. The City of Zephyrhills' Utility System, hereinafter referred to as "Utility",
operated by the Utilities Department,hereinafter referred to as the "Department", includes
water supply, treatment, transmission and distribution facilities, hereinafter collectively
referred to as "Water System", which operate as a single unified system to areas served
through out the City, and portions of the unincorporated county pursuant to an interlocal
agreement with Pasco County,dated February 9, 1988,and amended from time to time. The
Water System provides services and/or benefits to City residents and those within the City's
utility service area,by providing retail water to retail customers of the City, or through the
provisions of whole sale water to whole sale customers through private franchise water
systems. Funds collected pursuant to the City of Zephyrhills' Water Facility Capacity
Ordinance shall be expended only on water system facilities within the City's utility service
area, as established by Interlocal Agreement with Pasco County,Florida, dated February 9,
1988, and amended from time-to-time, or amended by its terms.
The facilities constructed within the City's utility service area have a"rational nexus",
and provide benefit to those properties on Water Facility Capacity Fees are imposed,
pursuant to this Ordinance.
d. It is the intent of this Ordinance, that by the establishment of Water Facility
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Capacity Fees,new connections in the City's service area will pay a PRORATA share of the
water facilities required to serve such new connections.
e. It is the intent of this Ordinance that the water facilities financed through the
capacity fees established hereby,be based,when applicable,upon the City's Comprehensive
Plan, and be consistent therewith.
f. Council has considered the matters of financing water system facilities, which
provide capacity to serve new connections. The Council hereby finds and declares that a
capacity fee imposed upon new connections can finance water facilities, the need for
which is reasonably related to new connections, furthers the public health, safety and
welfare of the residents served by the City within the City's utility service district. Therefore,
the Council deems it advisable to adopt the City of Zephyrhills' Water Facility Capacity Fee
Ordinance as hereinafter set forth. The Council,sitting as the City of Zephyrhills'Lands and
Development Regulation Commission has reviewed this Ordinance and found that it is
consistent with the City of Zephyrhills' Comprehensive Plan.
g. A need for a Capacity Fee for water distribution has been demonstrated by a study
conducted by George F. Young,Inc.,titled"Water and Sewer Connection Fees Study, dated
April 2002", which has been approved by Council after public hearing and incorporated
herein.
SECTION 3. Intent.
a. The City of Zephyrhills Water Facility Capacity Fee Ordinance is intended to
impose a fee payable prior to the approval of an application for service and/or a building
permit application by the Department, in an amount based upon water facility demand
attributable to the new connections and the cost of providing the water facilities and
capacity needed to serve such new connections. This Ordinance shall not be construed to
authorize the imposition of fees for water facility capacity attributed to existing connections.
This Ordinance is not intended to effect the use of the property, the density of the
development,the design of the site or building or any other attribute of development,which
is regulated by the City of Zephyrhills' Land Development Regulations, and which is
required to be in compliance with the City of Zephyrhills' Comprehensive Plan. It is only
intended to provide for such new connections to share in the burdens of growth by paying
a PRORATA share of the costs of water facilities and capacity needed to accommodate the
water facility demands created by new connections.
b. The City of Zephyrhills' Water Facility Capacity Fee is based on the calculation
methodology incorporated in the George E. Young, Inc., report titled "Water and Sewer
Connection Fee Study, dated April of 2002", and delivered to the Council, heard at public
hearing and unanimously approved by that body. The findings, methodology and entire
report have been incorporated by reference into this Ordinance.
SECTION 4. Authority.
a. In the creation of the Water Facility Capacity Fees, the Council is exercising the
powers granted to it pursuant to the City of Zephyrhills Charter and local authority,including
police powers,pursuant to the Florida Constitution and Chapter 166 of the Florida Statutes,
as they now exist. The aforementioned provisions authorize and require the City of
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Zephyrhills to provide and finance water facilities,to provide for the health and safety and
general welfare of the residents of the City of Zephyrhills and the residents of the utility
service area of the City of Zephyrhills; to coordinate the provision of adequate water
facilities with land development; and to implement its Comprehensive Plan. The local
government Comprehensive Planning on Land Development, Regulation Act, Section
162.3202(3) encourages "the use of innovative land development regulations", including
"Impact Fees". The provisions of this Ordinance shall not be construed to limit the scope
of the power necessary to accomplish these purposes.
b. Implementation of Comprehensive Plan. The Council is hereby authorized to
implement the Comprehensive Plan pursuant to Chapter 162, Florida Statutes, as amended.
The Florida Statutes require that local comprehensive plans include plan elements,correlated
to principals and guidelines for future land use, which indicate the manner by which public
facilities requirements will be met. The Comprehensive Plan, as herein defined includes a
Public Facilities Element and a Capital Improvements Element.
SECTION 5. Definitions. As used in this Ordinance the following words and terms have
the following meanings, unless another is clearly indicated:
(a) "Applicant" shall mean the property owner, or duly designated agent of the
property owner, of the land on which an application for service and/or building permit is
required and a Water Facility Capacity Fee is due pursuant to this Ordinance.
(b) "Application for Service"shall mean the processing of a request for water services
to the Department. An application for service must be submitted to the Department when
applying for a new connection or any modification of the use of an existing condition
which creates additional demands on the water system.
(c) "Building Permit" shall mean the permit required for new construction and
additions pursuant to Section 553.73 of the Florida Statutes. The term "'Building Permit",
as used in this Ordinance shall be deemed to include a "mobile home installation permit"
issued pursuant to the City Building Code.
(d) "Capacity Fee" shall mean a monetary extraction imposed on a pro rata basis in
accordance with the demand for off-site water facilities as defined in this Ordinance,
created by the development of principal use.
(e) "Capital Improvement Program" (CIP) shall mean the five (5) year schedule
adopted by the Council annually.
(f) "Collecting Agency" shall mean the official in the Department, as defined in this
Ordinance, authorizing to approve applications for service and/or building permits.
(g) "Commercial Uses" shall mean those business, institutions, offices, and/or
professional activities which provide products and services to individuals,business or groups
and which include those uses specified in the ITE Trip Generation Manual under Land
Use Code Section 300,400, 500, 600, 700, 800 and 900.
(h) "Comprehensive Plan" shall mean those portions of the Comprehensive Plan
adopted by the City Council of the City of Zephyrhills, pursuant to Ordinance No.: 506,
and as amended from time-to-time as required by Chapter 163, Part II, Florida Statutes.
(i) "Connection" shall mean and refer to the process of a Principal Use tapping into
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and/or being served by the City of Zephyrhills' Water System either directly or indirectly
through the sale of wholesale water to a private franchise water system. Connection shall
not include the transfer of water service from one occupant of a Principal Use to another
occupant of the same Principal Use nor a change of use, unless the change in occupancy
or use increases the demand on off-site Water System Facilities.
(j) "City" shall mean the City of Zephyrhills, a geographical area and a political
subdivision of the State of Florida.
(k) "Council" shall mean the City Council of the City of Zephyrhills, Pasco County,
Florida.
(1) "Demand" shall mean the increment of Water Facilities that a Principal Use will
consumed(measured in equivalent dwelling units or EDUs, as defined in this Ordinance),
and the cost associated with providing the Water Facilities necessary to accommodate that
increment.
(m) "Department"shall mean the City of Zephyrhills Utility Service Department, or its
legally designated representative.
(n) "Dwelling Unit" shall mean a room or rooms connected together constituting a
separate, independent housekeeping entity for owner occupancy or rental or lease on a
daily, weekly, monthly, or longer basis and physically separated from any other rooms or
dwellings units which may be at the same structure and containing sleeping and sanitary
facilities and one (1)kitchen. The term "dwelling unit" as used in this Ordinance, shall be
deemed to include mobile home dwellings.
(o) "Equivalent Dwelling Unit or EDU"shall mean a measurement of water equal t o
250 gallons per day (gpd) design flow amount. One EDU represents the amount of
capacity required in the design of the Water System to provide water service to a single
family dwelling unit. The EDU value may be periodically adjusted to reflect changes in
design flow amount for a single family dwelling unit.
(p) "Governing Body"shall mean and refer to the City Council of the City of Zephyrhills,
Florida.
(q) "Industrial Uses"shall mean those activities which are predominantly engaged in
the assembly, finishing,processing,packaging and/or storage of products in which include
those uses specified in the ITE Trip Generation Manual under the Land Use Code, Section
100 and 200.
(r) "Interlocal Agreements shall mean the agreements between the City of Zephyrhills
and Pasco County, Florida, dated February 9, 1988, and amended, in which Pasco County
agreed to allow the City of Zephyrhills to service Pasco County residents in the
unincorporated areas surrounding the City of Zephyrhills, through the City's Water Facility
Distribution System.
(s) "ITE" shall refer to International Transportation Engineers and their manual
as it now exists or may be amended from time to time.
(t) "Mobile Home" shall mean a detached single-family dwelling unit with all of the
following characteristics: (a) designed for long-term occupancy, and containing sleeping
accommodation, a flush-toilet, a tub or shower bath, kitchen facilities, with plumbing and
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electrical connections provided for attachment to outside systems; (b) designed for
transportation after fabrication on streets or highways on its own wheels; (c) arriving at
the site where it is to be occupied as a dwelling complete, including major appliances and
furniture, and ready for occupancy except for minor and incidental unpacking and
assembly operations, locations on jacks or other temporary or permanent foundations,
connection to utilities and the like. A travel trailer is not to be considered as a mobile home
unless it is served by a separate water meter.
(u)r "Multi-Family Dwelling Units"shall mean a structure containing two (2) or more
dwelling units.
(v) "Off-Site Facilities" shall mean and include the Water Facility Projects as defined
in this Ordinance that are included in the Capital Improvement Plan "CIP" or in the Water
Improvement Program "WIP" and are included in the applicable Water Facility Capacity
Fees calculation. Transmission or distribution lines of less than or equal to eight-inches
(8") in diameter are not off-site facilities and are not included in the Water Facility
Capacity Fee calculation.
(w) "On-Site Facilities"shall mean those water facilities which,under City Ordinances,
Resolutions and Department regulations, a developer or land owner is required to
provide at no cost to the City.
(x) "Principal Use"shall mean the carrying out of any building activity or the making
of any material change in the use of a structure or land that requires the submittal of an
application for service and/or the issuance of a building permit and which generates a
demand for Water Facilities over and above the existing use of the structure or land.
Principal use, as defined in this Ordinance,shall also include the process of converting from
a private well system and connection to the Water System. When an application for service
or for a building permit contains multiple uses, which place different amounts of demand
on the Water System, the equivalent dwelling units of demand shall be aggregate demand
of all uses.
(y) "Project Costs"shall mean amounts spent or authorized to be spent in connection
with the acquisition,planning, legal,fiscal, economic, engineering, administrative services,
financing, construction, inspection, equipping and development of a Water Facility or
Project.
(z) "Residential Use"shall mean a dwelling unit or dwelling units.
(aa) "Single-Family Dwelling Unit"shall mean a structure containing only one dwelling
unit.
(bb) "Utilities Director" shall mean the Executive Director of the City of Zephyrhills'
Utility Department, or authorized designee.
(cc) "Utility Service Area"shall mean the geographic area(s) served by the Water System.
Utility Service Area,for purposes of this Ordinance,shall include those areas served as retail
or wholesale customers of the Water System. It shall be consistent with the geographic area
in the Interlocal Agreement with Pasco County, dated February 9, 1988, as amended or
maybe amended by its terms.
(dd) "Water Facilities Project" shall mean and include the costs of or current value
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associated with the acquisition, design, construction or development of, and connection to,
facilities used in the supply, treatment, reuse, transmission or distribution of water in the
Water System.
(ee) "Water Facility Capacity Fee Report"shall mean the applicable report as referenced
in Section 2(g) and 3(b) of this Ordinance.
(ff) "Water Improvement Program"shall mean the program involving the development
of the unified Water System for the City of Zephyrhills,through the development of related
projects and improvements,which may include the development of a primary well field and
the construction of a water treatment facility,transmission and distribution lines, and reject
water disposal facilities for the provision of potable and reuse water to customers of the
Water System.
SECTION 6. Imposition of Capacity Fee.
(a) No application for service and/or building permit shall be approved by the
Department for a Principal Use in the System-Wide Service Area, as hereinafter defined,
unless the applicant therefore has paid the applicable Capacity Fees imposed by this
Ordinance or the application for service and/or building permit is subject to and has complied
with a valid agreement with the City regarding impact fees or Capacity Fees or the
equivalent. If said Agreement is to pay Capacity Fees over a period of time, the balance
shall constitute a lien same as for ad valorem taxes on the benefitted property. Any
application for service and/or building permit approved by the Department for a Principal
Use in the Utility Service Area without payment by the applicant and collection by the
Department of the applicable Capacity Fee in compliance with this Ordinance shall be null
and void.
(b) The approval and issuance of applications for service and/or building permits for a
Principal Use in the Utility Service Area shall comply with all applicable sections of
the Zephyrhills' Land Development Code, and City Ordinances.
(c) This Ordinance shall be applicable to all customers serviced by the Zephyrhills'
Utility Department for Sewer and Water, and those customers in the unincorporated
area of Pasco County and serviced by the City of Zephyrhills pursuant to the aforementioned
Interlocal Agreement with Pasco County, Florida. However, those portions of this
Ordinance concerning zoning and building regulations shall not apply to County residents.
County residents shall pay an additional surcharge of 25% over and above City residents on all
Capacity Fees.
SECTION 7. Applicability.
(a) This Ordinance shall not be applicable to applications for service or building permits
otherwise necessary for: (1) room additions, remodeling, rehabilitation or other
improvements to an existing structure, provided there is no increase in demand for Water
Facility; (2) rebuilding of a damaged or destroyed structure, whether voluntary or
involuntary, provided there is no increase in demand for Water Facilities; (3) a change
in occupancy without any increase in the demand for Water Facilities; or (4) public
schools,pursuant to Section 235.26(1), Florida Statutes.
(b) Where this Ordinance becomes applicable due to an increase in demand for Water
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173 PG 992
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Facilities,the amount of the Water Facility Capacity Fee due shall be based solely upon the
increase in the demand for Water Facilities.
SECTION 8. Calculation of Capacity Fee. The Department shall calculate the Capacity
Fee due by:
(a) determining the Equivalent Dwelling Units of demand which will be generated by
the proposed Principal Use as shown on the application for service and/or building permit
applications pursuant to the Equivalent Dwelling Unit Table in the applicable fee resolution
in effect at the time of application for service, or in accordance with the determination on
a petition or appeal submitted pursuant to Section 14, as amended; and
(b) multiplying the Equivalent Dwelling Units of demand by the applicable Capacity Fee
in effect at the time of application for service.
SECTION 9. Administration of Capacity Fees.
(a) Collection of Capacity Fee. Capacity Fees calculated and imposed pursuant to this
Ordinance shall be collected by the Depaitinent, or its designated collection agency,prior
to approving of any application for service and/or building permit in the District as
applicable.
(b) Transfer of Funds to Finance Department. Water Facility Capacity Fees shall be
transferred from the collecting agency to the City's Finance Department for placement in the
Water Facilities Project Trust Fund account, which has been established pursuant to
subsection(c) below.
(c) Trust Fund Established.
(1) There is hereby established a separate Water Facility Capacity Fee Trust
Fund account for the Utility Service Area.
(2) Funds withdrawn from the trust fund account must be used solely in
accordance with the provisions of this subsection or with subsection (d) of
Section;9. The disbursement of such funds shall be in accordance with the Capital
Improvement Program of the City of Zephyrhills, provided, however, that the
disbursement of such funds for a Water Facilities Project,not presently in accord with
the applicable Capital Improvement Element, or the Water Improvement Program
may occur if the Governing Body adopts findings and facts supported by competent
evidence and data as follows:
i. the need for the Water Facilities Project, in whole or in part, due to
'demands attributable to new connections;
ii. the consistency of the Water Facilities Project with the City of
Zephyrhills' Comprehensive Plan;
iii. the consistency of the Water Facilities Project with the purpose and
intent of this Ordinance, as amended; and
iv. the history of the Water Facilities Project, including, but not limited
!to, whether the need for the Water Facilities Project has been identified in
prior Capital Improvement Elements,Capital Improvement Programs,Annual
Budgets or the Water Improvement Program.
(3) 'Any funds not immediately necessary for expenditure shall be invested in
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interest-bearing accounts. All interest earned shall be retained in the Trust Fund
Account.
(d) Use of Funds Collected.
(1) The funds collected by reason of the City of Zephyrhills' Water Facility
Capacity Fees Ordinance, shall be used exclusively for the purpose of undertaking
Water Facilities Projects or for financing directly, or as a pledge against bonds,
revenue certificates and other obligations of indebtedness, the project costs of the
Water Facilities Projects.
SECTION 10. Refunds.
(a) Upon application of the current property owner,the City shall refund the portions of
the Capacity Fee of any Capacity Fee, which have been on deposit for more than five (5)
years, and which remain unexpended, unless the City makes findings: (1) to identify the
specific Water Facilities Projects listed in the first two years of the current Capital
Improvements Program,for which the Capacity Fee will be expended, and the year in which
the Water Facilities Projects will be constructed, and(2) to demonstrate a "rational nexus"
between the Capacity Fee and the Water Facilities Projects needed to serve the applicable
Principal Use.
(1) The current owner of the property must petition the City for the refund within
one(1)year following the five(5)year period or extension thereof granted pursuant
to subsection(a) of this section. The time for filing a refund petition shall run from
the date on which the connection or Capacity Fee was paid.
(2) The petition must contain the following information:
(i) a notarized sworn statement that the petitioner is the current owner of
the property;
(ii) a copy of the dated receipt issued for payment of the connection or
Capacity Fee;
(iii) a certified copy of the latest recorded deed for the property; and
(iv) a copy of the most recent ad valorem tax bill for the property.
(b) Within one(1)month from the date of receipt of a petition for refund,the City shall
advise the petitioner of the status of the refund request. If the petition for refund meets all
of the requirements of this Section, the City shall issue the refund within three (3) months
from the date of receipt of the petition for refund.
(c) Refunds shall be paid with interest at the rate of 1 1/2%per annum.
(d) Refunds requested pursuant to the cancellation or abandonment of a building permit
must be submitted within six(6) months of the date of cancellation or abandonment of the
building permit. Refund requests under this subsection are not required to submit petitions
pursuant to subsection (a) of this section; however, adequate proof of entitlement to the
refund must be provided to the Department.
SECTION 11. Credits.
(a) Any applicant subject to a Capacity Fee,pursuant to this Ordinance, who (1) elects
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to undertake all or a portion of an Off-Site Facilities Project, (2) at the request of the
Department, constructs On-Site Facilities with capacity in excess of that required to serve
the development covered by the application for service and/or building permit and does not
receive payment pursuant to an over sizing agreement, or (3) escrows money with the
Department for an Off-Site Facilities Project, as defined in this Ordinance, shall be eligible
for a credit for such contribution against the Capacity Fee otherwise due. The Applicant
must,prior to the Applicant's construction or escrow, submit a petition for credit to the City
Manager for a determination of credit eligibility.
(b) The amount of the credit shall be based upon certified cost estimates submitted by
the applicant and approved by the Utilities Director. In no event shall the credit exceed the
amount of the otherwise applicable Capacity Fee component.
(c) Within ten (10) days after receipt of a petition for credit, the City Manager shall
forward the petition and supporting documentation to the Utilities Director for review and
recommendation. The City Manager shall approve, deny or approve with conditions, the
petition and establish the amount of credit within sixty (60) days following the filing of a
petition.
(d) If a petition is approved for credit by the City Manager, the applicant and the
governing body shall enter into a Credit Agreement which shall include,but is not limited
to,the following: (1)the timing of the action to be taken by the applicant and the obligations
and responsibilities of the applicant, including, but not limited to the land acquisition and
construction standards and requirements to be complied with, (2) the obligations and
responsibilities of the Governing Body including,but not limited to inspection of the project,
and (3) the amount of the credit or mechanism to be used to determine the amount of the
amount. If the credit is less than the Capacity Fee otherwise due,the applicant shall pay the
Capacity Fee less the credit at the time of approval of the application for service and/or
building permit by the Department. Where the Applicant for credit is not, or will not be,the
property owner or agent of the property owner requesting a Certificate of Occupancy, such
applicant shall lagree to provide recorded notice to subsequent owners of the property
regarding the credit, the availability of any credit to such purchasers and shall agree to
indemnify the City for any and all costs and liabilities arising from any claims related to the
Capacity Fee credit. If any credit available at time of issuance of a Certificate of Occupancy
is less than the Capacity Fee due, the applicant shall pay the Capacity Fee less the credit at
the time of the Certificate of Occupancy issuance.
SECTION 12. Biennial Review.
(a) Biennially,the Utilities Director shall prepare a report to the Council on the subject
of Water Facilities Capacity Fees,which report shall incorporate:
(1) recommendations on amendments, if appropriate, to this Ordinance, as
amended;
(2) proposed changes to the CapacityFee calculation methodology;
(3) proposed changes to the Capacity Fee calculation variable;
(4) proposed changes to Capacity Fee rates or schedules.
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(b) The Utilities Director, in preparing the biennial report, shall obtain,when available,
and review the following information:
(1) a statement from the Finance Division summarizing Capacity Fees collected
and disbursed during the preceding two years for Water Facility Projects;
(2) a statement from the Utility Department summarizing the Utility Service Area Water
Facility Projects initiated and completed during the preceding two (2) years by the
City;
(3) a statement from the Customer Services Division summarizing the applications
for service approved, by type of Principal Use, during the preceding two (2)
years;
(4) a statement from the Utility Department that the Water Facility Projects undertaken
with Capacity Fee funds are consistent with the adopted CIP, Water Improvement
Program and Comprehensive Plan.
(c) Based on the biennial report and such other facts as the Council deems relevant and
appropriate, the Council may amend this Ordinance.
(d) Nothing herein precludes the Council or limits its discretion to amend this Ordinance
at such other times as may be deemed necessary.
SECTION 13. Petitions and Appeals.
(a) For development for which an Equivalent Dwelling Unit category is not listed in the
applicable fee resolution in effect at the time of application for service,the City shall utilize
the most similar Equivalent Dwelling Unit category listed in terms of water demand
characteristics as defined in this Ordinance. The Utilities Department is authorized to make
the determination of the appropriate Equivalent Dwelling Unit category, based upon the
predominant water demand characteristics of the proposed Principal Use.
(b) The applicant, by filing a petition in accordance with Section 14(c), or the City
Utilities Department may elect to undertake and perform a special Unit Demand Study for
such Principal Use, which study shall result in the identification of an appropriate
Equivalent Dwelling Unit value for such Principal Use. If the Study is limited in its
applicability solely to the facts of a given Principal Use, due to unique and long-term water
demand characteristics of the specific Principal Use, the Study shall be performed by the
applicant and submitted to the City Utilities Department for review and approval or
disapproval. If the Study is generally applicable to an Equivalent Dwelling Unit category
type,the Study may be performed either by the applicant, subject to review and approval or
disapproval by the City Utilities Department, or by the City Utilities Department at its
discretion. The resultant Equivalent Dwelling Unit category may be adopted by
resolution and thereafter shall be applicable to all Principal Uses with such category.
(c)
(1) Any applicant,prior to or in conjunction with the submission of an application
or service and/or building permit,may petition the City Manager for a determination
that the Equivalent Dwelling Unit demand category or capacity value per Equivalent
Dwelling Unit demand or demand utilized in the Equivalent Dwelling Unit Table is
inappropriate for the proposed Principal Use.
(2) If the applicant submits a petition,the data or information said to demonstrate
i}R 6K 5 1 73 FG 995
i
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that one or more of the values used in the applicable Equivalent Dwelling Unit Table
is inappropriate for the proposed Principal Use shall be based upon the one of the
following and must establish a more appropriate value for the proposed Principal
Use;
(i) twenty-four (24) months of water consumption data from three (3)
developments of like type and size calibrated for or otherwise determined to be
applicable to the City of Zephyrhills, as determined by the Department; or
(ii) based upon a study carried out by a professional engineer registered in
the State of Florida using the American Water Works Association Manual MM-
22 or as amended, "Sizing Water Service Lines &Meters;" or
(iii) the Department may approve alternate acceptable methodology where
appropriate, as determined by the Department.
(3) A petition shall include all of the following: identification of the disputed
value(s),,a detailed statement asserting the basis for the dispute,the data relied on by
the petitioner, and a detailed statement completed by a professional engineer
registered in the State of Florida supporting the use of the revised value(s)proposed
by the petitioner in accordance with the standards set forth in this section.
(4) Within ten (10) days after receipt of a petition, the City Manager shall
forward the petition and supporting documentation to the City Utilities Department
for review and recommendation. Following receipt of the Utilities Department's
recommendations the City Manager shall,within sixty(60) days following the filing
of a complete petition,render a decision to: approve the petition if it is demonstrated
that one or more of the variables identified in Section 14(c)(1) as used in the
Equivalent Dwelling Unit Table is inappropriate based upon the standards
incorporated in this section; or deny the petition. The sixty (60) day time period
will be suspended upon transmittal by the Utilities Department of a written request
for additional data or information, until all requested data or information has been
received. Upon agreement by the City Administrator and the applicant, the time
limits established under this section may be waived. The filing of a petition shall
stay action by the City on an application for service and/or building permit or other
City action related to the development activity,unless bond or other sufficient surety
is filed or the total Capacity Fee is paid.
(5) If the City Manager approves the petition,the Capacity Fee for the proposed
demand category shall be recalculated using the revised value(s) proposed by the
petitioner using the methodology of the Department.
(d) After determination of: (1)the amount of the Capacity Fee,which occurs at the time
of application for service and/or building permit is defined in this Ordinance, or at the time
of issuance of a determination on a petition under Section 14(c)(5) of this Ordinance,
whichever occurs later in time; (2) the amount of the credit, which occurs at the time of
issuance of a determination on a petition under Section 14(c)(5) of this Ordinance; or (3)
the amount of the refund due,which occurs at the time of issuance of a determination on a
petition under ;Section 14 c 5 of this Ordinance, an applicant for an application for
( )( ) PP PP
•
BK 5173 RG 997
13 of 14
service and/or building permit or a property owner may appeal such determination to the
Council. The applicant must file a Notice of Appeal with the City Clerk within thirty(30)
days following the determination of the amount of the Capacity Fee,the amount of the credit,
or the amount of the refund due. If the Notice of Appeal is accompanied by a bond or other
sufficient surety as determined by the Council, in an amount equal to the Capacity Fee and
surcharge as calculated herein,the Department shall issue a work request to provide service
and/or approve the building permit. The filing of an appeal shall stay the provision of
service and/or issuance of the building permit unless such bond or other surety has been
filed.
SECTION 14. Effect of the Capacity Fee on Zoning and Subdivision.Regulations.
This Ordinance shall not affect, in any manner, the permissible use of the property, density
of development, design and improvement standards and requirements, or any other aspect of the
development of land or provision of public improvements subject to the land development
regulations or other regulations of the City, which shall be operative and remain in full force and
effect without limitation with respect to all such development.
SECTION 15. Capacity Fee as Additional or Supplemental Requirement. The
payment of Capacity Fees is additional and supplemental to, and not in substitution of, any other
requirements imposed by the City on the development of a Principal-Use, the approval of a building
permit or the approval of an application for service. In no event shall a property owner be obligated
to pay Water Capacity Fees in an amount exceeding the amount calculated pursuant to Section 9 of
this Ordinance;provided,however, that a property owner may be required to pay,pursuant to City
ordinances, regulations or policies, for other public facilities in addition to the Capacity Fee for
Water Facilities Projects as specified herein.
SECTION 16. Liberal Construction. The provisions of this Ordinance shall be
liberally construed to effectively carry out its purposes in the interest of public health, safety,
welfare and convenience.
SECTION 17. Severability. Should any sentence, clause, part of provision of this
Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the Ordinance as a whole, or any part thereof other than the part declared to be
invalid.
SECTION 18. Inclusion in the Code. The sections of this Ordinance may be
renumbered or relettered to accomplish the purpose of including it into the Code of Ordinances of
the City of Zephyrhills. The word "Ordinance" may be changed to Section, Article, or other
appropriate words.
SECTION 19. Not Repealing Prior Ordinances. The Council recognizes that
Ordinance No.: 395 was enacted by City Council in 1986,providing for what is now referred to as
"Capacity Fees" as Connection Fees and adopting fees to be charged for water or sewer connection
fees pursuant to Resolution No.: 312, Table "A". This Ordinance is not intended to repeal
Ordinance No.: 395,but rather the terms of this Ordinance shall prevail over any conflicting terms
from the prior Ordinance No.: 395. The provisions of this Ordinance shall operate prospectively
and not retroactively. Resolution No.: 31,Table "A" shall be repealed upon the effective date of this
Ordinance and accompanying Resolution.
OR BK 5173 PG 998
14 os' 14
SECTION 20. ; Effective Date. This Ordinance shall take effect on February 1,A.D.
2003.
The foregoing Ordinance No. g 1 •0), was read and passed on its first reading in open
and regular meeting by the City Council of the City of Zephyrhills, Florida, on this -day of
. ,
J i- / ' ! , A.D.,2002.
Gti 1 (.f kJ
/ Li ...
' , . ' CL E C. BRACKNELL
• '1 Pr sident of City Council
•
Attest: ;.;i :,' _ .; t
City'�Ierle,.LINDA D. BJOAN
The foregoing..Ordinance No. 11 1 V-0 was read and passed on its second reading in open
and regular meeting by the City Council of the City of Zephyrhills,Florida, on this 9- day of
--PAM L , A.D., 2002.
O4 7f !/>
` ...
Jed/ a
f ''CL E C. BRACKNELL
President of City Council
Attest: 4 � =
0
CityC14*k,`UINDA D. BOAN
L'ilORDINANCE. � Il
�N •_.fit 1 OD
The foregoing, Ordinance No. _ Sl god, was approved by me this 9____ day of
b'P ! , A.D., 2002'.
,,If'� Ai / >
W. CLI ✓ cIUFFIJ+ Mayor