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Any proposed building project or development to be located within the city 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 issued therefor by the 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 serviced utility-wise have been approved by the municipal officers 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.
(Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
In connection with review of any proposed plans or specifications above described by the designated municipal officials, the following shall be determined:
(a) That the size, location 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 shall be 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 development, 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 oversizing costs in an amount equal to the oversizing costs plus fifteen (15) percent 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 pressure within said system as determined by the city.
(b) That the proposed water system contains sufficient provision for fire hydrants with relation to distance between said hydrants and proximity to structures within the proposed development. Further, that said hydrants will 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) 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 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 said meters and developer shall grant permission and legal authority to the city for the purpose of city personnel having access to said meters.
(d) It is not the intent of this chapter to guarantee, for an extended period of time, adequate capacity to serve the developer's (or developers') property, however, the written 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 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 interchangeably used toward the other's obligation.
(Code 1958, § 30B-1; Ord. No. 80-10, § 1, 4-1-80)
Secs. 26-17—26-26. Reserved.
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.
(Code 1958, § 30B-3; Ord. No. 80-10, § 1, 4-1-80)
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 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 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.
(Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
(a) All projects submitted by the developer after a feasibility study and/or property 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.
(b) Detailed plans and specifications may also be requested.
(c) The city manager, in conjunction with the city's engineers, shall, within thirty (30) days, approve plans, or deny any proposals if:
(1) The proposal fails to comply with a requirement of the city code or authorized regulations, or
(2) The proposal will result in an economic operating loss to the city, or
(3) The proposal does not comply with the city's master comprehensive utilities plan.
(d) Any denial may be appealed to the city council.
(e) If no city water: A sewerage system proposal to extend sewer service to any area not served, and not to be concurrently served by the city's water system, may be initiated only after approval by the city council.
(f) 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.
(Code 1958, § 30B-4; Ord. No. 80-10, § 1, 4-1-80)
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