O91-59 ORDINANCE NO. 091-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 26, WATER, SEWERS AND CITY UTILITIES,
SECTION 26-34, CAPITAL FACILITIES CHARGE AND
CONNECTION CHARGES; ADDING A NEW SUBSECTION
ESTABLISHING CAPACITY RESERVATION FEES; AND
Ai~ENDING CHAPTER 19, PLANNING AND DEVELOPMENT
GENERALLY, SECTION 19-89 EXEMPTIONS, TO
COINCIDE WITH THE PROPOSED CAPACITY
RESERVATION FEE; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 9J-5 of the Florida Administrative Code
requires the City to provide firm reservation of capacity to
developers at concurrency review which could be several years
before actual construction; and
WHEREAS, the existing capital facilities charge imposed by
City are not received until the developer is ready to pull a
building permit for the project; and
WHEREAS, the capacity reservation fees will provide monies
which are needed to defray the costs for expansion of the
system and all revenues derived therefrom shall be placed in the
capital improvement fund described in Section 26-34(B) of the
City Code; and
WHEREAS, on July 16, 1991, the City Commission of the City
of Boynton Beach, Florida approved the concept of a reservation
fee for any person or property owner requesting a reservation of
water and/or sewage treatment capacity;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
That Chapter 26, Water, Sewers and City
Utilities, Section
Connection Charges is
E., as follows:
E. CAPACITY
26.34 Capital Facilities Charge and
hereby amended by adding a new subsection
RESERVATION FEES. Any person or property
owner requesting a firm reservation of water and/or sewage
treatment capacity shall pay the city a reservation fee for
said capacity. The reservation fee is intended to equal
the costs for financing the necessary capacity and
administering this program, and all revenues therefrom
shall be placed in the capital improvement fund described
in Section 26-34 of the City Code. As such the reservation
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fee is hereby established as denoted in the following
table, for each year that capacity is to be reserved.
~ype of Dwelling
~esidential
~ingle Family -
~partment -
Conversion Factor
No. of Equivalent
Residential Units
(ERU's)
Per meter 1.0
Per meter:
~/8" x 3/4" 1.0
~" 2.9
!" 9.8
~on-residential
Per meter
i/8" x 3/4" 1.4
· " 5.7
· -1/2" 8.7
:" 15.2
I" 37.4
,;., 59.5
232.1
Annual
Reservation
Fee
$138.60
138.60
401.94
1,358.28
194 04
790 02
1,205 82
2,106 72
5,183 64
8,246 70
32,169 06
In cases where the required
~vailable in sufficient detail to apply
Projected flow or demand for the project,
· professional engineer registered
~hall be required. One ERU shall
~llons per day of flow or demand.
information is not
the above, a
certified by a
in the State of Florida,
then be equivalent to 386
The reservation fee shall be due and payable at any of
he following instances, whichever occurs first:
At time of concurrency review and certification;
for written confirmation of capacity
the Utilities Director's
of Health and Rehabilitative
of Environmental Regulation
(1)
or
(2) Upon request
reservation; or
(3) Upon request for
signature on Department
Services or Department
permit applications for water and/or sewer main
extensions; or
(4) Upon issuance of a development order by the City;
or
(5)Upon renewal of an existing development order by the
City.
~eservation fees shall serve
· ~eriod not to exceed one year.
tot paid all applicable capital
to reserve capacity for a
If the property owner has
facilities charges prior to
~xpiration of the reservation fees, then the fees must be
~enewed at the rate in effect at that time. Reservation
Fees are not refundable for any portion of the year during
~hich construction occurs.
The property owner, may,
~equired capital facilities
at his discretion, pre-pay all
charges in lieu of paying
~eservation fees.
~eserved indefinitely without need for annual renewal.
Section 2. That Chapter 19 Section 19-89(c), is
lereby amended by deleting the words and figures in
~truck-through type as follows:
Section 19-89. Exemptions.
(c) Exemption rules which are specific to
~ypes of public facilities: The following rules
to exempt development orders and permits, with
~articular types of public facilities:
(1) Potable Water Facilities.
ay The exemption rules set forth in this section
shall also apply where a determination of exemption is
required of or requested from the city for development
projects located outside the corporate limits of the
City of Boynton beach but are not located within the
city's water service area. The type of development
order of permit issued by the City of Boynton Beach
which is most similar to the type of development order
or permit issued by the other local government shall be
used in such cases to determine the exemption category
and status.
bT --Exemption -of-a-development -order-or-permit -from
concurrency-requirements-sha~-red,eve-the-obligation
of -the -app~ant-for-development -order -or -permit -to
apply-for -reservation -o~-capacity -or -pa~ -a -~ee -for
samey--but--shakk--not--be--construed--to --supersede
In such instances, firm capacity would be
particular
shall apply
respect to
regu~at~ns--enaeted--or--adm~n~stere~--by--Pa&m--Beach
~ounty -or -the -State-of-F~or~a~ -or -requirements -for
perm~tt~ng-By-e~the~-the-state-o~-~ounty~
2. Sanitary sewer facilities.
a~ The exemption rules set forth in this section
shall also apply where a determination of exemption is
required of or requested from the city for projects
located outside the corporate limits of the City of
Boynton Beach, but are located within the city's sewer
service area. The type of development order or permit
issued by the City of Boynton Beach which is most
similar to the type of development order or permit
issued by the other local government shall be used in
such cases to determine the exemption category and
status.
BT .... ~xempt~on-of-a-deve~opment-or~er-or-perm~t-from
concurrency-requirements-sha~-re~eve-the
of-app~at~n-~o~-~eve~opment-o~de~-o~-perm~t-to-a~y
fo~-~eservat~n-o~-capae~ty-o~-pay-a-~ee-for-sameT-but
sha~-not-Be-e~nstrue~-to-superse~e-regu~at~ons-ena~ted
o~-a~m~n~stere~-by-Pakm-Beach-~ounty-o~-the-State-of
~or~daT-o~-regu~rements-for-pe~mktt~ng-by-e~the~-the
state-or-~ounty~
Section 3. That all ordinances or parts of ordinances
n conflict herewith be and the same are hereby repealed.
Section 4. Should any section or provision of this
)rdinance or portion hereof, any paragraph, sentence, or
~ord be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
~his ordinance.
Section 5. Authority is hereby granted to codify said
)rdinance.
Section 6. This ordinance shall become effective
mmediately upon passage.
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FIRST READING this ~ day of /~/~'/~'~7' ,
[991.
SECOND, FINAL READING and PASSAGE this ~ day of
/~'~/~'~' , 1991.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor ~
~o~ r
Co~ [ssioner
~TTEST:
~it~ clerk
Commissioner
(Corporate Seal)
2APACITY,RES
~MT/-7/.29/91
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