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In adopting a sewer impact fee and adopting regulations related thereto, the City Commission hereby makes and expresses the following findings, purposes, and intent:
(A) It is the policy of the City Commission to assist in the control of growth within the city.
(B) As a part of a total planning effort, the city adopted a wastewater master plan.
(C) The main objectives of the wastewater master plan are to define and meet the wastewater needs and develop a systematic approach to providing centralized wastewater services to the entire city.
(D) The findings, conclusions, and results of the wastewater master plan are hereby incorporated into these findings and this subchapter.
(E) As growth and its attendant population increase continues in the city, the need for additional central sewerage services increases.
(F) In order to accommodate the need for additional central sewerage service within the city, the city must acquire additional sewerage treatment and effluent disposal capacity to meet these needs.
(G) Previously, the city has selected one of the four ownership options referred to in its wastewater master plan by entering into the Seminole County/City of Lake Mary, Florida Exclusive Wholesale Sewage Treatment and Disposal Agreement executed on July 28, l987.
(H) This agreement allows the city to purchase sewage treatment and effluent disposal capacity on a wholesale basis from Seminole County in order to ultimately provide wastewater service capacity to developers and any other future city customers.
(I) This agreement requires the city to pay certain impact fees to Seminole County in order to purchase sewage treatment and effluent disposal capacity, based upon the then prevailing wastewater connection fee rate charged by Seminole County for capital facilities necessary to provide sewage treatment and effluent disposal capacity.
(J) In addition to this capacity, the city must provide major sewage transmission facilities in order to collect and transmit raw sewage and transmit that sewage to the Seminole County wastewater system in order to utilize said purchased sewage treatment and effluent disposal capacity.
(K) The city authorized its wastewater engineers to prepare a report to establish a just, fair, and equitable impact fee, which report is hereby adopted and incorporated into this subchapter as if fully set forth herein.
(L) Pursuant to Article VIII, Section II(b), Florida Constitution; F.S. § 166.021; F.S. Chapter 180; and other provisions of state law, the City Commission is authorized to provide, regulate, purchase, construct, improve, extend, enlarge, and reconstruct a sewerage system, and if further authorized, to fix and collect rates, fees, and other charges for the service and facilities furnished by its sewerage system.
(M) It is the policy and object of the City Commission to ensure that rates, charges, and fees levied to pay for the cost of the sewerage system acquisitions, additions, and expansions are just and reasonable and cover the true costs of said acquisitions, additions, and expansions.
(N) It is just and reasonable that the cost of the new sewerage system facility should be borne by the new users only to the extent that new use requires new facilities so that new users shall pay their fair share based on the additional burden their use places on the city's sewerage system.
(O) The City Commission has scheduled and held a public hearing to allow public comment on the adoption of the sewer impact fees.
(Ord. 354, passed 12-17-87; Am. Ord. 638, passed 4-15-93; Am. Ord. 839, passed 6-5-97; Am. Ord. 1518, passed 11-6-14)
(A) The city hereby adopts and establishes a sewer impact fee equal to the product of the sum of: (1) the amount actually charged to the city by Seminole County for providing sewage treatment and effluent disposal capacity per gallon of wastewater (a.k.a. the wastewater connection fee), and (2) a city charge of $1.45 per gallon of wastewater as established by City Commission; multiplied by the volume of sewage estimated by the city to be generated by a given customer or project as defined in § 50.143. All fees and charges paid pursuant to this section shall be nonrefundable.
(B) No city permits shall be issued prior to the receipt of the sewer impact fee.
(C) Sewer service shall be allocated on a first come first serve basis based on the order of receipt of application. Sewer service capacity is non- transferable to other properties.
(Ord. 354, passed 12-17-87; Am. Ord. 638, passed 4-15-93; Am. Ord. 839, passed 6-5-97; Am. Ord. 1518, passed 11-6-14; Am. Ord. 1537, passed 2-18-16)
(A) For purposes of calculating and imposing the sewer impact fee provided for in § 50.142, the ERU factor (and corresponding volume of sewage measured in GPD) for any particular connection shall be calculated and imposed in the manner provided as follows:
Establishment
| Unit
| Factor
| Volume
|
Establishment
| Unit
| Factor
| Volume
| |
(1) | Residential: | |||
Single-family home (detached or attached) | Per unit | 1.000 | 300 | |
Multi-family (building containing three or more D.U.'s) (1 or 2 bedrooms) | Per unit | 0.833 | 250 | |
Multi-family (building containing three or more D.U.'s) (3 or more bedrooms) | Per unit | 1.000 | 300 | |
Mobile home (1 or 2 bedrooms) | Per unit | 0.833 | 250 | |
Mobile home (3 or more bedrooms) | Per unit | 1.000 | 300 | |
(2) | Commercial: | |||
Barber/beauty shop | Per chair | 0.333 | 100 | |
Bowling alley | Per lane | 0.333 | 100 | |
(3) | Food service w/seating: | |||
Restaurant/cafeteria | Per seat | 0.100 | 30 | |
Restaurant (24 hours) | Per seat | 0.167 | 50 | |
Restaurant ("fast food") | Per seat | 0.083 | 25 | |
Bar/cocktail lounge | Per seat | 0.100 | 30 | |
(4) | Hotel, motel (not including food service, banquet and meeting rooms, and laundries) | Per bed | 0.333 | 100 |
(5) | Laundry/self-service | Per machine | 1.333 | 400 |
(6) | Motel (see Hotel) | |||
(7) | Office building/shopping center/ convenience stores - not including food service w/seating | 1,000 sq. ft. gross | 0.33 | (100) |
(8) | Auto repair: | Per bay | 1.000 | 300 |
Per wash bay | 3.200 | 960 | ||
Per toilet room | 1.000 | 300 | ||
(9) | Theater | Per seat | 0.016 | 5 |
(10 ) | Dentist's office: | Per dentist | 0.833 | 250 |
Per wet chair | 0.333 | 100 | ||
(11 ) | Doctor's office | Per doctor | 0.833 | 250 |
(12 ) | Hospital | Per bed | 0.167 | 50 |
(13 ) | Schools, day type | Per student | 0.050 | 15 |
(14 ) | Schools, boarding | Per student | 0.25 | 75 |
(15 ) | Warehouse | 1,000 sq. ft. gross | 0.14 | 42 |
(16 ) | Self service storage | 1,000 sq. ft. gross | 0.067 | 20 |
(17 ) | Place of worship/assembly (excludes schools) | Per seat | 0.01 | 1 |
(18 ) | Nursing home, adult assisted living | Per bed | 0.286 | 85 |
(B) One ERU shall, for the purposes of this section, have an assigned value of 1.00. One ERU is hereby established and determined to be equal to a flow of 300 gallons per day (300 GPD), average annual basis. The "Total Equivalent Residential Unit Value" for an establishment shall be calculated by multiplying the ERU factor listed in division (A) above times the number of units.
(C) For all establishments not listed above, the total ERU value shall be determined by multiplying the number of fixture units, as published in the Florida Plumbing/Building Code, by 25, and then dividing that numerator by 300 GPD/ERU. For example:
Total = Number of fixture units x 25
ERU value 300
In no event shall the total ERU value used to calculate a sewer impact fee, when using this method, be less than 1.00, nor less than the volume determined to be required by Seminole County.
(D) If the Public Works Director determines that the actual sewage usage will be greater than the ERU usage assigned to such category as set forth above, then the Director may determine, based on actual usage, anticipated usage, peak load requirements, or any combination of the foregoing using accepted engineering standards, a different or greater total ERU value. Notice of any such determination shall be sent to the City Commission.
(Ord. 354, passed 12-17-87; Am. Ord. 638, passed 4-15-93; Am. Ord. 839, passed 6-5-97; Am. Ord. 1518, passed 11-6-14)
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