Loading...
HomeMy WebLinkAboutOrdinance No. 06-1991ORDINANCE NO. 6-91 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING CHAPTER 535, SEWER IMPACT ASSESSMENT; INCREASING SEWER IMPACT PEES TO BE PAID BY CUSTOMERS OF THE CAPE CANAVERAL WASTE WATER TREATMENT SYSTEM UPON CONNECTION TO SAID SYSTEM; REVISING THE BASIS FOR DETERMINATION OF IMPACT FEES FOR COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has received a recommendation that sewer impact fees be increased; and WHEREAS, the recommended increase is in consideration of projected costs of expansion and upgrading of the wastewater treatment system to meet increased demands for service; and WHEREAS, the City Council has considered the recommended increase and hereby finds and determines that the protection of the health, safety and welfare of the City of Cape Canaveral and its citizens will best be served by adoption of the recommended increase. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 535 of the Code of the City of Cape Canaveral is hereby amended to read as follows: Sec. 535.01 Sewer Impact Assessment Established. There shall be paid an assessment to defray the cost and expense of collection, transmission, treatment and disposal of sewage and for necessary equipment, repairs, replacement and additions and for any new sewer plant expansion for the City of Cape Canaveral, Florida. Such assessment shall be for the sewer system on all new construction and all structures initially connecting to the City sewer system in the City as follows: RESIDENTIAL: Each single family dwelling unit $2,032 Each residential unit of a multiple family unit, duplex, triplex and/or apartment unit 2,032 Each condominium unit 2,032 Each mobile home space 2,032 COMMERCIAL: Barber and beauty shops (per chair) $508 Bowling alleys (per lane) 508 Churches (per seat) 1270 Dentist offices (per dentist) Doctor offices (per doctor) 1270 Food service operations 254 a. Restaurant (per seat) b. 24 -hour restaurant (per seat) 381 c. Bar and cocktail lounge (per seat) 152 d. Drive -in restaurant (per car space) 254 Hospitals (per bed) 1270 ORDINANCE NO. 6-91 PAGE 1 OF 4 Hotels, motels (per room) 762 Laundry facilities (per washing machine) 2032 Nursing, rest homes (per person) 508 Office building (per worker) 102 Schools (per student) 127 Service stations (per water closet and per urinal) 1270 Shopping centers - without food or laundry (per square foot of floor space) 0.50 Stores - without food service (per sq. foot of floor space) 0.50 Theaters, indoor (per seat) 25 Travel trailer park - w/o water & sewer hookup (per space) 381 Travel trailer park - w/water & sewer hookup (per space) 508 A laundromat shall be any facility which houses washers and is available for use by the general public or for common use by three or more living units. It is the intent of this Ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. INDUSTRIAL: Impact fees for industrial or other commercial facilities not listed above shall be based upon either the use of the fixture unit count or the number of workers in an office building, whichever is greater. The fixture unit count shall be that defined in the most recent plumbing fixture value table published by the Standard Plumbing Code (see Appendix A). Said table shall be reviewed annually. Each eighteen (18) fixture units, or faction therof, equals one (1) equivalent single - family dwelling unit. Equivalent and fractional - equivalents shall be multiplied by $2,032.00 to determine the applicable impact fee. The impact associated with the number of workers in an office building shall be that listed under the commercial facilities of this ordinance. The number of workers shall be multiplied by $102.00 in order to determine the applicable impact fee. Sec. 535.02 Payment of Assessments. The assessments as set forth herein shall be payable prior to issuance of a sewer permit and/or building permit, except as provided in Subsections (A) and/or (B) below. In the event the assessment should not be collected prior to connection to the City sewer system and said assessment is not paid in full by the thirtieth day following that for which a billing has been rendered, then an amount equal to-five percent (5%) of such assessment due shall be added thereto as a late charge. Upon failure of any user to pay for said assessment within sixty (60) days from being billed, the City shall shut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the Qty on account of the services shall have been paid in full. If such sewer service is shut off as aforesaid, then before such service shall be restored, the user thereof shall pay a reinstatement fee in the amount of $75.00 in addition to any other assessments and charges due. In addition, and as an alternative means of collecting such assessment, late charges and penalties, the City shall have a lien on such lot or parcel of land for which the sewer connection has been made, for which such lien shall be of equal dignity with the lien -of state and county and municipal taxes. Such lien may be foreclosed by the City in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. A. For those Establishments which the City determines generate more than 10,000 gallons per day of wastewater into the system, the City shall calculate the Impact Fee based on the quantity of discharge actually introduced into the sewer collection system. At the City's option, a flow meter to monitor the quantity of discharge shall be installed at the user's expense. The following method shall be used to determine the impact fee: 1. An impact fee deposit of $12,700 shall be paid by the user. 2. The total volume of effluent in gallons shall be recorded for the initial period of six (6) consecutive months following installation of the aforesaid sewer line; and 3. The six months total volume shall be divided by the number of days in said six month period to compute a daily average discharge through the sewer line; and ORDINANCE NO. 6-91 PAGE 2 OF 4 4. The daily average discharge in gallons shall be divided by four hundred (400) to establish the number of units to be assessed at the cost of $2,032.00 per unit (example: if the average daily discharge is 800 gallons, the sewer impact assessment shall be $4,064.00). 5. In the event the sewer impact assessment for the first six months as calculated above exceeds the $12,700 dollar initial deposit made, the user shall pay the difference within fifteen days after written notification to user of the required adjustment. However, in the event the assessment as calculated above does not exceed the initial deposit, the City of Cape Canaveral agrees to reimburse the difference to the user no later than thirty days after the first six month monitoring period. 6. For each succeeding six month period the volume of effluent outflow shall be measured. To the extent that average daily effluent outflow in any subsequent six month period exceeds that of the initial six month period, an additional impact fee for the excess shall be levied as calculated and as provided for in Paragraph (3) and (4) above. Any additional fee so calculated shall be paid to the City within fifteen days of written notification to user. 7. For the initial six month period only, if the average daily effluent outflow is less than initially projected, the City shall refund the unused portion of the impact fee as set forth above. For subsequent six month monitoring periods, there shall be no refunds of impact fees, regardless of effluent outflow volumes. B. Sewer Impact Fees imposed by the City may, by approval of the City Council, be collected over a period of not more than one (1) year, provided that twenty-five percent (25%) of the fee is paid as a deposit, with the remainder of the Fee to be financed. The user shall execute and deliver a promissory note in favor of the City of Cape Canaveral to evidence said debt. This note shall bear interest at a variable rate of three percent (3%) per annum simple interest in excess of the base rate. The base rate is the prime rate in effect at the Barnett Bank of Jacksonville, N.A. The variable rate of interest on this note will be adjusted quarterly on the payment date as the base rate changes, provided however, that in no event shall the rate of interest exceed the maximum allowed by jaw. Upon signature of promissory note a temporary certificate of occupancy for construction will be issued. At the end of one (1) year, or at the time the impact fee is paid in full, whichever occurs first, the Owner will be issued the permanent certificate of occupancy for the structure. Sec. 535.03 Issuance of Certificate of License. No Certificate of Occupancy or City License shall be issued until the assessment as herein set forth has been paid in full. Sec. 535.04 Sewer Connection Assessment Fee Use Established. All funds generated by Sewer Connection Assessment Fees shall be used for projects related to sewer plant expansion and sewer plant collection and transmission line expansion and shall not be used as operating Revenue for the Sewer Plant. These funds shall be kept in accounts which are segregated from the general Sewer Plant fund. Sec. 535.05 Modifying Impact Fees. Any structure or use of structure which is modified such that the sewer impact assessment is greater than the amount the initial impact fee was computed for, the Owner shall be assessed additional impact fees in accordance with Section 535.01 and Section 535.02 (B). Any change of use which increases the original impact fee for which the building was constructed, the Owner will be assessed additional impact fees in accordance with Section 535.01 and Section 535.02 (B). Any change of similar use which increases the number of units (per seat, per worker, per sq. ft of floor space, etc.) within the establishment, the Owner will be assessed impact fees only on the additional number of, units proposed to be constructed, in accordance with Section 535.01 and Section 535.02 (B). Sec. 535.06 Cost of Living Increase for Impact Fees Established Any user of the services of the sewer system shall pay a sewer impact fee as established by the City Council The schedule of fees is subject to revision annually as may be necessary to keep the cost sommensurate with changes in the cost of living as reflected by the Consumer Price Index, or ORDINANCE NO. 6-91 PAGE 3 OF 4 due to any regulatory or environmental factors which increase the costs of sewage collection, transmission and treatment. All revisions shall be done by Resolution and shall become effective as of May 1 of each year, commencing with May 1,1992. The basis of such rate increase shall be the "Consumer Price Index" U.S. City Average "all items" (82 -84 =100), hereinafter called the Index, published by the Bureau of Labor Statistics of the United States Department of Labor. The Index number for the month of February, 1991 shall be the "Base Index Number" and the corresponding index number for the month of February in each succeeding year shall be the current index number. Beginning May 1,1992 and each year thereafter, the sewer impact fee shall be determined by dividing the Current Index Number (CIN) by the Base Index Number (BIN), in accordance with the following formula, dropping all digits after one hundredth: New sewer impact fee charge = (CIN), x the current sewer impact fee (BIN) Sec. 535.07 Port Canaveral Customers Impact fees for Port Canaveral customers are due and payable upon receipt of a Florida Department of Environmental Regulation permit application to construct wastewater treansmission/collection mains. No permit application will be approved until all fees are paid in full. Any structure change of use or change of similar use shall be subject to the criteria outlined in Section 535.05. * * * SECTION 2. Savings Clause. If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 3. Conflict. All ordinances and parts of ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 7th day of May , 1991. First Reading; April 16, 1991 Posted: April 18, 1991 Advertised: April 23, 1991 Second Reading: May 7, 1991 NAME YES NO1 KEDZIERSKI x PORTER x RANDELS SALAMONE X THURM X ORDINANCE NO. 6-91 PAGE 4 OF 4 APPENDIX A TABLE 1 FIXTURE UNITS PER FIXTURE OR GROUP Fixture Type Bathroom group consisting of water closet, lavatory, and bathtub or shower 6 Bathtubs (with or without overhead shower) or whirlpool attachments 2 1 1/2 Bidet 3 Nominal l 1/2 Combination sink and tray 3 1 1/2 Combination sink and tray with food Separate disposal unit 4 traps 1 1/2 Dental unit or cuspidor 1 1 1/4 Dental lavatory 1 1 1/4 Drinking fountain 1/2 1 Dishwashing machine2 domestic 2 1 1/2 Floor drains 1 2 Kitchen sink, domestic 2 1 1/2 Kitchen sink, domestic with waste grinder 3 1 1/Z Lavatory4 1 Small P.O. 1 1/4 Lavatory4 2 Large P.O. 1 1/2 Lavatory, barber, beauty parlor 2 1 1/2 Lavatory, surgeon's 2 1 1a Laundry tray (1 or 2 compartments) 2 1 1/2 Shower stall, domestic 2 2 Showers (group) per head2 3 Sinks Surgeon's 3 1 1/2 Flushing rim (with valve) 8 3 Service (trap standard) 3 3 Service (P trap) 2 2 Pot, scullery, etc .2 4 1 112 Urinal, pedestal, siphon jet, blowout 8 Note 6 Urinal, wall lip 4 Note 6 Urinal, washout 4 Note 6 Washing machines (commercial)3 Washing machine (residential) 3 2 Wash sink2 (circular or multiple) each set of faucets 2 Nominal l 1/2 Water closet flushometer tank, public or private 4 Note 6 Water closet, private installation 4 Note 6 Water closet, public installation 6 Note 6 Fixture -Unit Value Minimum Size As Load Factors of Trap (fin) 1 1 A showerhead over a bathtub or whirlpool bathtub attachments does not increase the fixture value. 2 See Table 2 for methods of computing unit value of fixtures not listed in Table 1. 3 See Table 2. 4 Lavatories with 1 1/4 or 1 1/2 -inch trap have the same load value; larger P.O. plugs have greater flow rate. 5 Size of floor drain shall be determined by the area of the floor to be drained. The drainage fixture unit value need not be greater than 1 unless the drain receives indirect discharge from plumbing fixtures, air conditioner or refrigeration equipment. 6 Trap size shall be consistent with fixture type as defined in industry standards. Fixtures Not Listed, Fixtures not listed in Table 1 shall be estimated in accordance with Table 2. TABLE 2 FIXTURES NOT LISTED 1 Fixture Drain or Trap Size an) Fixture -Unit Value 1 1/4 and smaller 1 1 1/2 2 2 3 21/2 4 3 5 4 6