O79-18ORDINANCE NO. 79- ~8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, A_b.~NDING CHAPTER 30B
OF THE CODIFIED ORDINANCES OF THE CITY OF
BOYNTON BEACH (UTILITY SYSTEMS) BY PROVIDING
FOR EXTENSIONS, P~PLACEMENTS OR ADDITIONS
TO EXISTING CITY UTILITY SYSTEMS; PROVIDING
DEFINITIONS.; PROVIDING FOR THE SCOPE OF THIS
ORDINANCE; PROVIDING 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 WATER AND SEWER
CONNECTION CHARGES; PROVIDING WATER AND SE~R
CAPITAL FACILITIES CHARGES; PROVIDING ADDITIONAL
CHARGES FOR CHANGES IN SIZE OR CI~SSIFICATION
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 Ordinance~
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 authorizatio
to proceed to be granted, in connection with such project or
projects, that the plans and specifications for such extension,
replacement or addition 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 office~s
approving such plans and specifications for proposed additions,
replacements or extensions to the municiPal utility systems, 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, re-
placement or addition is to be constructed and/or financed by
private developers, rather than municipal forces, or their super-
vised agents, or contractors, such private developers shall co-
ordinate 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 require-
ment that prior to issuance of any project building permit or
installation permit for any project involving extension, replace-
ment 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 pri-
vate developer prior to issuance of said permits.
Prior to final acceptance of any project described here-
inabove, the city shall be furnished with an affidavit of develop~
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 locat~
within the municipal limits of the City of Boynton Beach, Florida
involving commercial 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 issued therefor
by the municipal build±ng department unless and until plans and
specifications for additions to the municipal utility systems,
as hereinabove described, indicating the manner in which said pro
ject shall be serviced utility-wise have been approved by the
municipal officers above indicated and it shall be mandatory that
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any changes or alterations in said proposed plans and specifica-
tions designated by said officials be effected prior to issuance
of subject permits.
In connection with review of any proposed plans or spec-
ifications above described by the designated municipal officials,
the following shall be determined:
(a) That the size, locations and design of the pipes
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 addi
tion, it shall be affirmatively determined that the off-
site utilities are sized to comply with the Master Compr~
hensive Utilities Plan of the city; provided, however, ti
if said compliance requires any oversizing of the pipes
or piping necessary to serve the subject development, th
the City shall bear the burden of any additional costs r~
sulting from such oversizing, subject to the provisions
section 30B-4(B)(3)~(b) of this Chapter and the approval
the City Council to such expenditures; additionally
provided that the owner may pay the costs of such over-
sizing with such costs to be accounted as a credit again
the owner's capital facilities charge pursuant to Se,
30B-4(G) hereof. In addition, the proposed system shall
provide adequate fire prevention needs and that adequate
safeguards be contained within said proposed system
to provide emergency service in the event of accidental
breakage and loss of pressure within said system.
(b) That the proposed water system contain sufficienl
provision for fire hydrants with relation to distance be.
tween said hydrants and proximity to structures within
proposed development. Further, that said hydrants be lo
cated at points within the proposed development to enabl
ready~and~'di~ctu~ccess~by,~mehhani~cat....Appara~us..~of-~the.~!'
municipal fire department or if within the County, the
appropriate fire district.
(c) The size, type, number and method of instal
of any water meter or meters proposed to be installed or
added to the municipal water utility system in connectio~
with any building project as hereinabove described, shal
be determined and approved prior to installation thereof
by the municipal public utilities director. In addition,
all required water meters serving the proposed develop-
ment 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 city for the purpose of city personnel having
access to said meters.
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) "System" shall mean the sanitary sewerage collec-
tion system and all facilities incident thereto, and all
water mains and distribution lines and appurtenances inci-
dent 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. 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; 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.
Section 30B-4. General Provisions.
A. FEASIBILITY STUDY
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When a developer and/or property owner requests utilil
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 city's
engineers. Said feasibility study shall include an analysis and
estimate of:
(a) Projected operation costs;
(b) Projected maintenance costs;
(c) Projected revenue, related to this project.
The city shall authorize such feasibility study when the develope
and/or property owner shall escrow with the city monies suffici~
in the discretion of the city, to conduct said feasibility studyl
B. PROPOSAL AND APPROVAL
1. All projects submitted by the developer and/or pro-
perty owner proposing any improvement, extension or expansion
of any system shall be approved by the city manager, 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.
2. Detailed plans and specifications may also be re-
quested.
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 operat-
ing loss to the city, or
(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. Required 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 on]
after approval by the city council.
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6. Required 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, m~ay be
initiated only after approval by the city council.
C. DESIGN
1. The city's engineers will design both the water treat-
ment plant, raw water supply facilities and the sewage treat-
ment 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 con-
struction 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 prop-
erty owners will extend monies to the city to cover the cost of
initiating and designing all or any portions of the transmission,
collection and treatment facilities. This will be fifteen (15)
percent of the total estimated cost of any project as determined
by the city's engineers.
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
Ail plans and specifications relating to sewerage and water
systems extension projects shall comply with established subdivi-
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sion and building regulations and shall have affixed to them the
seal of a registered professional engineer. With respect to on-
site 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
a registered professional engineer, certifying that the work
as constructed complies with established city standards, and
shall obtain final project approval from the city manager.
F. CONSTRUCTION STANDARDS
Ail extensions of the city's sewerage and water systems
shall comply with "Appendix B" of the city code and/or the
following standards:
1. Location. Ail sanitary sewers, sewerage pumping
stations, water mains and related appurtenances to be conveyed
to the city, shall be located only in public rights-of-way,
on city owned property or in easements acceptable to the city.
Where the property is under development, sewerage and water
system extensions shall not be installed until:
(a) The finished grades 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 constructe~
to at least design subgr~de.
2. Installation Standards and Inspection. Ail installa-
tions 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 approval by the city
manager or his designee at any time during or after completion
of construction prior to acceptance by the city. No installation
or construction by a property owner and/or developer shall be
accepted by the city as finally approved until there is delivered
to the city an affidavit which adequately protects the city's
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interests against mechanics' liens or other liens which might
be asserted against the property under applicable law; the
form and conditions of the affidavit to be approved by the city
attorney.
3. Building sewer or water line. Every "building" sewer
or water line shall terminate 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 connecting section or by plac-
ing a temporary bulkhead in the connecting lines, until the
extension project has been fully inspected and approved and all
other conditions for extension of service have been met.
5. Ownership. Ail portions of a sewerage or water system
extension project located in a public right-of-way, city-owned
property or a public easement shall, upon installation and
acceptance by the city, become the property of the city, and the
filing of an application for approval of construction of such a
project by a property owner and/or developer shall be deemed
to be consent to such transfer of ownership. The property owner
shall execute and deliver to the city such deeds or other
evidences of ownership as the 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.
G. WATER AND SEWER, CAPITAL FACILITIES CHARGES AND CON-
NECTION CHARGES
1. Imposed. When property receives water 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:
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(a) Water: $250.00 per equivalent dwelling unit.
Equivalent dwelling unit is defined as a unit of constru~
tion having the same water usage 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.
(b) Sewage: $275.00 per equivalent dwelling unit.
Equivalent dwelling unit is defined as a unit of constru~
tion generating the same amount of sewage as a one bed-
room 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 improvements thereto which will be utiliZed by the city to
provide water and sewer service to said property. Said capital
facilities charge shall be paid upon the issuance of the first
building permit issued on the owner's property and shall be com-
puted based upon the rate in effect upon that date. Additionally
if, in providing water and/or sewer service to the owner, the cit~
utilizes a part or parts .of the city facilities that have been
oversized, pursuant to Section 30B-l(a), subsequent to the effec-
tive date of the current appropriate capital facilities charge,
the owner shall pay unto the city his pro-rata share, based on
usage, of such newly constructed facilities.
2. Use of funds. All 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
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fund, and shall be used only for the construction, acquisition,
addition, extension, renewal and replacement of water and sewage
systems of the city, as appropriated from time to time by the
council. If funds are not available in this fund 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. g~en property receives
water service from the city facilities, the owner of such propert
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 unt~
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 eithe
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 property
use shall be due and payable at the time of the change in pro-
perty use, regardless of whether any charge was ever imposed or
paid at the time of initial connection into the system. The
increased charge imposed by this subsection shall be included on
and payable as a part of the property owner's nexn utility ser-
vice bill.
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Section 2. Former Chapner 30B of the Codified Ordinances
of the City of Bovnton 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 this Ordinance.
Section 4. This Ordinance shall become effective
immediately upon its passage.
FIRST READING this 5th day of June , 1979.
SECOND, FINAL READING and PASSAGE this 19th day of June
1979.
ATTEST:
ity Clerk ~ (Corp.
Seal)
CITY OF BOYNTON BEACH, FLORIDA
M&yor ~ ,
Vice Mayor
~~.J~nci 1 ~~~ ~be~
~ouncrl ~emb er/
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PALM BEACH COUNTY HEALTH DEPT.
"GUIDELINES"
ESTImaTED SEWAGE FLOWS
May 30, 1979
SEWAGE FLOW
GALLONS/DAY
SINGLE FAMILY HOMES
a) One bedroom - 1 dwelling unit
b) Two bedroom
c) Three bedroom
d) Four bedroom
e) Five bedroom
f) Additional bedroom - each
EQUIVALENT
DWELLING
UNITS
APARTMENT HOUSE
WATER USAGE EQUIVALENT
GALLONS/DAY DWELLING
UNITS
250 1.0 312 1.0
350 1.4 437 1.4
450 1.8 562 1.8
500 2.0 625 2.0
550 2.2 687 2.2
S0 62
a) One bedroom 200
b) Two bedroom 300
c) Three bedroom 400
0.8 250 0.8
1.2 375 1.2
1.6 500 1.6
MOBILE HOME PARK, per unit
Independent 250 1.0 312 1.0
Dependent 100 0.4 125 0.4
0.4
1.6
4.0
2.0
1.6
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 15
Boarding 75
SERVICE STATIONS
First Bay 1000
Each additional Bay S00
CHURCHES, per sanctuary seat 5-7
RESTAURANTS (including toilets)
a) 24 hr., per seat 50
b) Not 24 hr., seat 35
c) Bars and cocktail lounges per seat 35
d) Drive-in, per car space 50
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
CAMPS
a) Day (no meals), per person 20
b) Luxury, private bath, per person 100
c) Labor, per person 75
d) Youth and recreation, per person SO
VACATION COTTAGES, perperson SO
INSTITUTIONS, per resident 100
THEATERS
Indoor, per person 3
Outdoor, per car 5
TRAVEL TRAILER, per unit 75
STORES 400
FACTORIES, per person per shift 15
PICNIC PARKS [with floor toilets)
per person 10
AIRPORT, per passenger 3
BARBER SHOP, per chair 85
BEAUTY SHOP, per booth 100
BOWLING ALLEY (per lane) 200
125 0.4
500 1.6
25
25
19
93
1250
625
4.0
2.0
62
'44
44
62
88
25
250
125
25
125
93
62
62
125
4
7
93
500 1.6
19
13
4
107
125
250
CHILD CARE CENTERS
CHILD CARE CENTERS (with food)
SHOPPING CENTERS
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.
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20
35
0.1
25
44