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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 1 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. 4 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 5