818-02 Establish Water Facility Connection Fees

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• 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.