O80-10ORDINANCE NO. 80 -/~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 30B
OF THE CODIFIED ORDINANCES OF THE CITY OF
BOYNTON BEACH (UTILITY SYSTEMS) BY PROVIDING
FOR EXTENSIONS, REPLACEMENTS OR ADDITIONS
TO' EXISTING CITY UTILITY SYSTEMS; PROVIDING
DEFINITIONS; PROVIDING FOR THE SCOPE OF THIS
ORDINANCE; PROV%DING~FOR FEASIBILITY STUDIES,
PROPOSAL AND APPROVAL, DESIGN, FINANCING, AND
STANDARDS FOR DESIGN AND CONSTRUCTION FOR
EXTENSIONS, REPLACEMENTS OR ADDITIONS TO EXISTING
CITY UTILITY SYSTEMS; PROVIDING WATERAND SEWER
CONNECTION CHARGES; PROVIDING WATER AND SEWER
CAPITAL FACILITIES CHARGES'; PROVIDING ADDITIONAL
CHARGES FOR CHANGES IN SIZE OR CLASSIFICATION
OF USAGE; PROVIDING A REPEALER CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30B of the Codified Ordinances
of the City of Boynton Beach, Florida, concerning Utility Systems,
be amended to read as follows:
ARTICLE I. In General
Sec. 30B-1. Extensions, replacements or additions to existing
utility systems; requirements.
In connection with the installation and construction of any
extension, replacement or addition to the existing municipal utility
systems, including, but not limited to sewer and water, whether
such extension, replacement or addition be within or outside the
territorial limits of the municipality, or whether such extension,
replacement or addition is to be publicly or privately owned and
maintained, it shall be mandatory that prior to issuance of any
building permit for the system itself or structures to be located
within any proposed building project, as more particularly described
hereinafter, or other authorization to proceed to be granted, in
connection with such project or projects, that the plans and specifications
for such extension, replacement or additian be approved by the office
of the City Manager, the municipal utilities director, the City's
engineers, and the chief of the municipal fire department.
In addition, subsequent to the foregoing municipal officer
approving such plans and specifications for proposed additions,
replacements or extensions to the municipal utility system, same
shall be approved by the Palm Beach County Health Department and
the State of Florida Department of Environmental regulation prior
to issuance of construction permits.
Where such extension, replacement or addition is to be
constructed and/or financed by private developers, rather than
municipal forces, or their supervised agents, or contractors,
such private developers shall cOordinate all installations with
the municipal public utilities department, in order to insure
supervision of such installation by a duly authorized supervisor
or supervisors designated by said officials, at all stages of
construction, in order that such installation is made in full
compliance with approved plans and specifications.
It shall be a further and additional requirement that prior
to issuance of any project building permit or installation permit for
any project involving extension, replacement or addition to any
municipal utility system, the total cost of supervision by the
city be paid by the developer and that a sum sufficient to cover
such cost as estimated by the municipal public utilities director
be deposited with the city by the private developer prior to issuance
of said permits.
Prior to final acceptance of any project described hereinabove,
the city shall be furnished with an affidavit of developer that all
bills for labor, services and materials incurred by the developer in
connection with subject installation project, have been paid in full.
Any proposed building project or development to be located
within the municipal limits of the City of Boynton Beach, Florida,
involving commercial and industrial units or more than two (2)
residential units shall be considered to involve the general public
welfare and interest and as such, no building permit will be
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issued therefor by the municipal building department unless and
until plans and specifications for additions to the-municipal
utility systems, as hereinabove described, indicating the manner in
which said project shall be servic&d utility-wise have been approved
by the municipal o,fficers above indicated and it shall be mandatory
that any changes or alterations in said proposed plans and specifications
designated by said officials be effected prior to issuance of
subject permits.
In connection with review of any proposed plans or
specifications above described by the designated municipal officials
the following shall be determi~ned;
(a) ~ That the size, locations and design of the
pipes, pumps, lift stations or piping intended to
serve the area shall be sufficient to insure
adequate flow and pressure, based upon the size,
height, and density of the subject development. In
addition, it shallbe affirmatively determined that
the off-site utilities are sized to comply with the
Master Comprehensive Utilities Plan of the City;
provided, however, that if said compliance requires
any oversizing of the pipes or piping necessary to
serve the subject developmen't, the developer (or
developers) by joint written agreement with the City)
shall finance the needed areas' off-site utilities
to a capacity necessary to serve the property of
the developer (or developers) in accord with the
Master Plan and'; any oversizing of said off-site
utilities constructed in accord with the Master Plan
shall be initially financed by the developer (or
developers) unless, in response to the developer's
request, the City Council agrees to fund the over-
sizing costs in an amount equal to the oversizing
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costs plus 15% administrative cost to be paid by
the developer (or developers); additionally provided
that the owner may pay the costs of such oversizing with
such costs to be accounted as a credit against the
owner's capital facilities charge pursuant to Section
30B-4(G) hereof. In addition, the proposed system
shall provide adequate fire prevention needs and
adequate safeguards in the proposed system to provide
emergency service in the event of accidental breakage
and loss of pressu~re within said system as determined
by the City.
(b) That the proposed water system shall contain
sufficient provision for fire hydrants with relation
to distance between said hydrants and proximity to
structures within the proposed development. Further,
that said hydrants be located at points within the
proposed development to enable ready and direct access
by mechanical apparatus of the municipal fire department
or if within the County, the appropriate fire district.
(c) That the size, type, number and method of
installation of any water meter or meters proposed to
be installed or added to the municipal water utility
system in connection with any building project as
hereinabove described, shall be determined and approved
prior to installation thereof by the municipal public
utilities director. In addition, all required water
meters serving the proposed development shall be
placed at locations which will enable municipal
personnel to efficiently service and read meters and
developer shall grant permission and legal authority
to the Ci'ty for the purpose of City personnel having
access to said meters.
(d) It is not the intent of this Ordinance
to guarantee, for an-extended period of time, adequate
capacity to serve the developer's (or developers')
property, however, thewritten agreement to be
executed with the City will state the time period
of the guarantee. The Capital Facility Charge will
remain as it is at the time of the execution of this
agreement during the time period of the guarantee
and will thereafter be as the Ordinance is from time
to time amended.
(e) The Capital Facility Charge credits will
be separately accounted for in either the water portion
or the sewer portion of the City's Utility Fund, and will
not be interchangable used toward the other's obligation.
Sec. 30B-2. Definitions.
The following definitions of words and phrases shall
apply in interpreting this ordinance:
(a) "Water Main" shall mean and refer to the water
main owned, operated and maintained by the City.
(b) "Syste~'. shall mean the sanitary sewerage
collection system and all facilities incident thereto,
and all water_mains and distribution lines and appurtenances
incident thereto within a development.
(c) "Off-site" shall mean the area up to the point
or points of joining of the "facilities" to the "system".
(d) "Facilities" shall mean the existing sewer
and water systems of the City.
Article II. Expansion of Sewerage and
Water Systems Generally
Sec. 30B-3. Scope.
The City has accepted the responsibility to provide
water and sewerage services within its "area" as a regional service
agency as designated by the Palm Beach County Area Planning Board;
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roughly from the Atlantic Ocean and west to the E-3 canal, and from
Hypoluxo Road on the north, south to the north city limits of
Delray or as specifically delineated by the Area Planning Board.
Sec. 30B-4. General Provisions and Procedures
A. FEASIBILITY STUDY
When a developer and/or property owner requests.in writing
utilities service from the city, a feasibility study, the cost
of which shall be borne entirely.by the developer and/or property
owner, for the extension of utilities shall be conducted by the
Said feasibility study shall include an analysis and
City's engineers.
estimate of:
(a)
(c)
Projected operation costs;
Projected maintenance costs;
Projected revenue, related to this project.
The City Council shall authorize such feasibility study when the
developer and/or property owner shall escrow with the City monies
sufficient, in the discretion of the City, to conduct said feasibility
study.
B.
1.
PROPOSAL AND APPROVAL
Ail projects submitted by the developer after a
feasibility study andJor property owner proposing any improvement
extension or expansion of any system shall be approved by the
City Manger, Utility Director and the City's engineers. Any proposal
will be in writing, describing in detail the purpose, scope and
an analysis of the feasibility of the project.
Detailed plans and specifications may also be
requested.
3.
The city manager, in conjunction with the city's
engineers, shall, within thirty (30) days, approve plans or deny
any proposals, if:
(a) The proposal fails~ to comply with a requirement
of the city code or authorized regulations, or
(b) The proposal will result in an economic
operating loss to the city, or
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(c) The proposal does not comply with the city's
Master Comprehensive Utilities Plan.
4. Any denial may be appealed to the city council.
5. If No City Water. A sewerage system proposal to
extend sewer service to any area not served, and not to be con-
currently served by the city's water system, may be initiated
only after approval by the city council.
6. If no City Sewerage System. A water system proposal
to extend water service to any area not served, and not to be
concurrently served by the city's sewerage system, may be initiated
only after approval by the city council.
C. DESIGN
1. The city's engineers will design both the water treatment
plant, raw water supply facilities and the sewage treatment plant and
disposal facilities.
2. The city's engineers will design all off-site water and
sewage facilities which shall be constructed by the city.
3. The on-site sewage collection system and water distri-
bution system shall be designed by the developer and/or property
owner (both as found, i.e. in a development or a subdivision).
4. In all cases, all designs for on-site facilities will
comply with city code requirements contained herein and will be
approved by the city and the city's engineers prior to construction
and be inspected by the city or their representative, all at the
expense of the developer and/or property owner.
D. FINANCING
1. Design by City. In all cases, developers and/or property
owners will extend monies to the city to cover the cost of initiating
and designing all or any portions of the transmission, coliection and
treatment facilities. This will be fifteen (15) percent of the total
estimated cosn of any project as determined by the city's engineers.
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2. Construction by City. In all cases, developers and/or
property owners will pay the estimated cost of any project, such
monies to be payed to the city upon execution of an agreement
between owners and/or developers and the city to provide service
and beginning of a construction project, plus agree in writing
to pay on demand, any additional expenses actually incurred by
the city in. construction.
E. DESIGN STANDARDS
All plans and specifications relating to sewerage and
water systems extension projects shall comply with established
subdivision and building regulations and shall have affixed to them
the seal of a registered professional engineer. With respect to
facilities, the property owner and/or developer authorized
to undertake the project shall file with the city manager a
reproducible set of plans showing the completed work, as built,
together with an affidavit of periodic and final inspections by
registered professional engineer, certifying that the work as
~ted complies with established city standards, and shall
final p~oject approval from the city manager.
F. CONSTRUCTION STANDARDS
Ail extensions of the city's sewerage and water systems
;hall comply with "Appendix B" of the city code and/or the following
:
1. Location. Ail sanitary sewers, sewerage, pumping
water mains and related appurtenances to be conveyed to the
shall be located only in public rights-of-way, on city owned
~roperty or in easements acceptable to the city. Where the property is
development, sewerage and water system extensions shall not be
installed until:
(a) The finished g~ades of the rights-of-way or easements
have been established and approved by the city, and
(b) The rights-of-way or easements have been constructed
to at least design subgrade.
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2. Installation Standards and Inspection. Ail installations
shall be made in a manner and of such materials as are in accordance
with standards and requirements established by the city, and all
plans, specifications, premises, or construction sites shall be
subject to inspection and approva
at any time during or after comp]
acceptance by the city. No insta
owner and/or developer shall be
until there is delivered to the
protects the city's interests aga
liens which might be asserted aga
law; the form and conditions of
city attorney.
1 by the city manager or his designee
etion of construction prior to
llation or construction by a property
ccepted by the city as finally approved
ity an affidavit which adequately
inst mechanics' liens or other
inst the property under applicable
he affidavit to be approved by the
sewer or water line shal te inmte at the owner's property line and
shall be installed and connected to the building plumbing by the
property owner at his expense.
4. Connection to city facilities. Actual interconnection
of an extension with the existing city sewerage or water system shall
be prevented, by omitting a conne '.ting section or by placing a
temporary bulkhead in the connect
project has been fully inspected
for extension of service have bee~
5. Ownership. Ail psi
extension project located in a pul
property or a public easement sha.
acceptance by the city, become th~
filing of an application for appr~
by a property owner and/or develo
to such transfer of ownership. T
lng lines, until the extension
~nd approved and all other conditions
met.
tions of a sewerage or water~'My§t'~m
~lic right-of-way, city-owned
.1, upon installation and
property of the city, and the
~al of construction of such a project
~er shall be deemed to be consent
Le property owner shall execute and
deliver to the city such deeds or other evidences of ownership as the
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City may require; provided, however, that no consideration shall be
authorized to be given by the city to such property owner for the execution
and delivery to the city of such deeds or other evidences of ownership
unless such consideration is first approved by the City Council.
C. WATER AND SEWER, CAPITAL FACILITIES CHARGES AND
CONNECTION CHARGES
1. Imposed. When property receives waner and/or
sewage service from systems owned or controlled by the city, the owner
of such property shall pay unto the city a water and/or sewage
Capital Facilities Charge as follows:
(a) Water: $250,00 per equivalent dwelling unit.
Equivalent dwelling unit is defined as a unit of construction
having the same water usage as a one bedroom single family
home, and the number of equivalent dwelling units,
for the purpose of this caluclation, contained within
the property shall be determined in accordance with the
schedule attached hereto and by reference made a part
hereof.
(b) Sewage: $275.00 per equivalent dwelling unit.
Equivalent dwelling unit is defined as a unit of construction
generating the same amount of sewage as a one bedroom
single family home, and the number of equivalent dwelling
units, for the purpose of this calculation, contained within
the property shall be determined in accordance with the
schedule attached hereto and by reference made a part
hereof.
Said Capital Facilities Charge is designed to cover the cost
of existing or additional raw water production facilities, water
treatment facilities and water distribution facilities together with
sewage transmission facilities either existing or additions and
zmprovements thereto which will be utilized by the city to provide
water and sewer service to said property. Said Capital Facilities
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Charge shall be paid or in part credited if appropriate upon the
issuance of the first building permit issued on the owner's
property and shall be computed based upon the rate in effect upon
that date.
If oversizing funding has been carried out by a developer
(or developers) that funding will have a Capital Facility Charge
credited in an amount no greater than the oversizing charge
portion of the cost of original construction. Oversizing costs
shall be defined to be the relative carrying capacity of the
oversized lines as constructed versus the carrying capacity of the
minimum sized lines that would have been required to serve the
development (or developments) participating in the funding as
follows:
A.* B. C.
Developer(s) Capital
Facility Charge
Credit as a Percent
of Costs
(Col. A x Col. B Costs)
Oversized Line
Constructed as
Required by the
Master Plan.
Minimum Sized Lines
Required to Serve
Participating
Developer (s)
~5.556% 20 16
25.641 20 12
71.429 16 14
47.619 16 12
28.571 16 10
62.500 12 10
34.483 12 8
15.873 12 6
*From "equation of pipe chart attached as Exhibit A."
If in providing water or sewer service to an owner or
developer, the City utilizes a part or parts of already installed
City facilities that have been oversized pursuant to Section 30B-l(a),
the responsibilities of each developer receiving such service
subsequent to the trunk line construction agreement for connecting
to a system that has been previously oversized, will be to pay the
proportional share (this developer(s) equivalent dwelling units
as a percent of total equivalent dwelling units to be served
by the oversize pipe) of the total cost (engineering, construction,
etc) of the system plus the following:
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1. An adjustment equal to the engineering consumer price
index increase, if any, since the contract date of the
construction of the oversizing.
2.An adjustment that represents the interest (assumed
to be 9%) that the City would have earned if the related
capital facility charge credits were not given to the
developer or developers who funded the oversizing.
3. An adjustment that represents an administrative charge
to the City for handling the oversizing negotiations
and procedures; the amount to be 15%.
4. Equivalent dwelling units Capital Facilities Charge then
in effect for water and sewer services in accord with
this Ordinance as amended.
Note: Example - Assume three developers representing 4,000 equivalent
dwelling units require a 12 inch line to serve them, and the three
developers jointly agree with the City to fund a 16 inch line
which will serve t2,000 equivalent dwelling units. The three
developers will pay the entire cost of the installation of the
line, but would receive credits against Capital Facility Charges
for 52.318% of the cost of the line divided among the three
developers according to their individual share of the 4,000 units.
Developers tying-in to the system at a later date would pay a
cost per unit equal to 1/12,000 of the construction costs plus
items 1, 2, 3, and 4 above.
2. Use of funds. Ail revenues derived from the charges
imposed by this section, in excess of the sums required for actual
reimbursement of costs for connection, shall be placed in a separate
capital improvement fund to be known and designated as Capital
Improvement Account of the Water and Sewer utilities fund, and
shall be used only for the construction, acquisition, addition,
extension, renewal and replacement of water and sewage systems of the
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City, as appropriated from time to time by the Council. If funds
are not available in this fund either through revenue from Capital
Facility Charges or balance from Bond Issue, for the City to approve
a project to extend water and sewer systems, the developer may
advance fees to the utility trust fund.
3. Water Connection Charge. When property receives
water service from the city facilities, the owner of such property
shall pay unto the city a water connection charge, based upon the
size of the service line and meters, for the cost of making the
tap into the city system, installation of the service lateral and
meters, together with the cost of the meters themselves. Said
water connection charge shall be provided by resolution of the City
Council, as same shall from time to time be amended.
4. Sewer Connection Charge. When property receives
sewage service from the city facilities and the owner of such
property requests that the city install the service lateral and make
the actual tap into the city system, the owner shall pay unto
the city the total cost of all labor performed and material supplied
prior to the city performing such services.
H. ADDITIONAL CHARGE.
If the use of any property served by 'the-city's sewage and water
systems changes after the effective date of this article (i) so
as to change its classification for the purpose of computation of
the charge or (ii) so as to increase the number of equivalent units
over the number of such units at either the time of payment of the
last charge or the effective date of this article, whichever is
later, then the connection charge and the capital improvement fee
resulting from the change in p~
at the time of the change in p~
any charge was ever imposed or
into the system. The increase¢
'operty use shall be due and payable
'operty use, regardless of whether
~aid at the time of initial connection
charge imposed by this subsection shall
be included on and payable as a part of the property owner's next
utility service bill.
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ATTEST:
Section 2. Former Chapter 30B of the Codified Ordinances
of the City of Boynton Beach, Florida, is expressly repealed,
together with all Ordinances or parts of Ordinances in conflict
herewith.
Section 3. That should any section or provision of this
Ordinance, or any portion thereof, be declared by a Court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of th~s Ordinance.
Section 4. This Ordinance shall become effective
immediately upon its passage.
FIRST READING this /~ day of ~~ , 19 ~
SECOND, FINAL READING and PASSAGE this /~ day of ~
CITY OF BOYNTON BEACH, ~LORIDA
-
' ~ce Mayor ~/
City Clerk orp. Seal)
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nf flow Ih~ vnlmne d~livered by I~'o pip~ of diffcrenl ~izes i~ proporl.ionnl
lo lh~ ~ unre~ o[ their dinm~t~' llm~ one 4-inch pipe will deliver the s~me
volume ~l~ four 2.tach p~lm, Wilh 1t~ ~me h~nd, howe~er, t.he velocity is
Equation of Pipe
']nch~
2
4
7
8
10
Il
1§
17
~8
20
dinmeler r~lio I~ IIs'r 2.65 power. Thi~
~mnll~r~iged pipe required I~ ~qual one
vqunl~ 2.9 four-inch;
12.2 8.6 fi.3
1~.4 I 12..qj 11.4
PALM BEACH COUNTY HEALTH DEPT.
"GUIDELINES"
ESTIMATED SEWAGE FLOWS
lqay 30, 1979
SINGLE FAMILY HOMES
SEWAGE FLOW
GALLONS/DAY
a) One bedroom - 1 dwelling unit
b) Two bedroom
c) Three bedroom
d) Four bedroom
e) Five bedroom
f) Additional bedroom - each
APARTMENT HOUSE
2S0
35O
45O
SOO
550
$0
a) One bedroom'
b) Two bedroom
c) Three bedroom
MOBILE HOME:PARK, per unit
Independent
Dependent
2OO
30O
40O
2S0
100
MOTELS OR HOTELS, with 1 bedroom units,
per unit 100
LAUNDRIES (COIN' OPERATED) per machine 400
OFFICE BUILDINGS, per employee 20
SCHOOLS, per pupil
Day, cafeteria and showers 20
Day, cafeteria or lunch room IS
Boarding 7S
SERVICE STATIONS
First Bay 1000
Each additional Bay SO0
CHURCHES, per sanctuary seat 5,7
RESTAURANTS (including toilets)
a) 24 hr,, per seat S0
b) Not 24 hr., seat 35
c) Bars and cocktail lounges per seat 35
d) Drive-in, per car space SO
e) Vending machine restaurants,
per seat 70
f) Tavern (very little food service)
per seat 20
HOSPITALS, per bed 200
NURSING AND REST HOMES, per person 100
C~xIPS
a) Day (no meals), per person 20
b) Luxury, private bath, per person 100
c) Labor, per person 7S
d) Youth and recreation, per person SO
VACATION COTTAGES, per person SO
INSTITUTIONS, per resident .100
THEATERS
Indoor, per person 3
Outdoor, per car S
TRAVEL TRAILER, per unit 75
STORES 400
FACTORIES, per person per shift 1S
PICNIC PARKS (with floor toilets)
per person 10
AIRPORT, per passenger 3
BARBER SHOP~ per chair 85
BEAUTY SHOP, per booth 100
B~fLING ALLEY (per lane) 200
EQUIVALENT
DWELLING
UNITS
1.0
1.4
1.8
2.0
2.2
0.8
t.2
1,6
1,0
0.4
0.4
1.6
4.0
2.0
1.6
WATER [JSAGE
GALLONS/DAY
312
437
S62
625
687
62
250
37S
SOO
312
125
12S
SOO
2S
25
19
93
12S0
625
62
44
44
62
88
25
250
12S
25
125
62
62
12S
4
7
93
SO0
19
lS
4
107
125
250
EQUIVALENT
DWELLING
UNITS
1.0
1.4
1.8
2.0
2.2
0.8
1.2
'1,6
1.0
0.4
0.4
1.6
4.0
2.0
1.6
CHILD CARE CENTERS
CHILD CARE CENTERS (with food)
SHOPPINGCENTERS
a) Per sq. foot floor space
(No food service or laundry)
STRUCTURES NOT LISTED ABOVE
Daily flow must be estimated by a
Registered Professional Engineer
in accordance with published rules
of the State of Florida, Department
of Environmental Regulation.
20
35
0.!
25
44