HomeMy WebLinkAboutO-2006-040 Water Impact Fees ORDINANCE NO. 2006-040
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES;
REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER
27' ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES,
CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A
NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM
IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION
AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING
FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE
CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF
IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A
DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND
COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS;
REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, THAT:
Section 1. Existing Article VII of Chapter 27 Repealed. Article VII, entitled "Water
and Sewer Impact Fees" of Chapter 27 (entitled "Water and Sewers") of the City Code of
Ordinances, consisting of Sections 27-201 to 27-207 inclusive, is repealed in its entirety.
Section 2. New Article VII of Chapter 27 Created. A new Article VII, to be entitled
"Water System and Sewer System Impact Fees," in Chapter 27 is created to read as follows:
ARTICLE VII. WATER AND SEWER SYSTEM IMPACT FEES
Section 27-201. Definitions.
When used in this Article, the following terms shall have the following meanings, unless
the context clearly indicates otherwise:
(a) "Alternative Water System Impact Fee" shall mean any alternative fee
calculated by an Applicant and approved by the City Commission pursuant to
this Article.
(b) "Alternative Water System Impact Fee Study" shall mean a study prepared by
an Applicant or Owner and submitted to the City pursuant to the Article.
(c) "Alternative Sewer System Impact Fee" shall mean any alternative fee
calculated by an Applicant and approved by the City Commission pursuant to
this Article.
(d) "Alternative Sewer System Impact Fee Study" shall mean a study prepared by
an Applicant or owner and submitted to the City pursuant this Article.
(e) "Applicant" shall mean the Person who applies for a Building Permit.
(f) "Building" shall mean any structure, either temporary or permanent, built for
the support, shelter or enclosure of Persons or property of any kind, or any
other improvement or structure which creates or increases the potential
demand on the water system, sewer system or both, operated by the City.
This term shall include any trailer, mobile home, or any vehicle serving the
function of a Building in any manner. This term shall not include a temporary
construction shed or trailer erected to assist in construction and maintained
during the term of a Building Permit.
(g) "Building Permit" shall mean an official document or certificate issued by the
City authorizing the construction of any Building. For purposes of this
Article, the term `Building Permit" shall also include any tie-down permit for
a structure or Building, such as a Mobile Home, that does not otherwise
require a Building Permit in order to be constructed.
(h) "Comprehensive Plan" shall mean the City's Comprehensive Plan.
(i) " Development" shall mean the carrying out of any building activity or the
making of any material change in the use or appearance of any structure or
land, which results in an additional impact or demand on the Regional Water
or Sewer System or both. This shall also include existing structures that are
connected to interim water or sewer systems or both which are subsequently
connected to the regional water or sewer systems or both. All Development
shall be subjected to the payment of impact fees under this Article or its
predecessor in function, upon the first occurrence of any of the following:
(1) Whenever any existing Building or structure, which has not
previously paid reserve capacity charges or impact fees under this Article
or its predecessor in function, connects to the Regional Water System; or
(2) Whenever any existing Building or structure or applicable
improvement which is connected to an interim Water system is connected,
either directly or indirectly, to the Regional Water System; or
2 ORDINANCE#2006-040
(3) Whenever any Person applies for a Building Permit to construct a
Building within the service area of the City's Regional Water System, the
Regional Sewer System or both, even though the subject land may receive
interim water service, interim sewer service or both from a source other
than the City; or
(4) Whenever a person applies for a Building Permit to alter an
existing Building, structure or applicable improvement already connected
to the Regional Water System, where such alteration increases the
potential demand on the Regional Water System.
(j) " Dwelling unit" (D.U.). A room or group of rooms designed, used exclusively
or occupied as separate living quarters by a single family.
(k) "Encumbered" shall mean monies committed by contract or purchase order in
a manner that obligates the City to expend the encumbered amount upon
delivery of goods, the rendering of services or the conveyance of real property
interests by a vendor, supplier, contractor or Owner.
(1) "Equivalent residential unit" (ERU): means the standard unit used to calculate
demand upon water or wastewater system capacity. When calculating the
Water System Impact Fee one ERU unit shall represent three hundred (300)
gallons per day (GPD) of water demand. When calculating the Sewer System
Impact Fee one ERU unit shall represent three hundred (300) gallons per day
(GPD) of wastewater demand.
(m)"Impact Fee" shall mean the fee imposed by the City pursuant to this Article.
The term "Impact Fee" shall be synonymous with the term "Reserve Capacity
Charge," "Connection Fee," "Reserve Capacity Fee" or similar terms as used
in this or prior laws relating to the subject matter addressed by this Article.
The term "Impact Fee" shall apply to water system Impact Fees, Sewer
System Impact Fees or both, as applicable.
(n) "Impact Fee Study" shall mean the study entitled "Water and Sewer Impact
Fee Study" prepared by Public Utility Management and Planning Services,
Inc, dated August 18, 2006, including the assumptions, conclusions, and
findings set forth in the study, which are based on the most recent and
localized data collected within the City.
(o) "Mobile Home" means a manufactured home, trailer, camper or recreational
vehicles. For the purpose of imposing Impact Fees a travel trailer lot or space
shall be classified as a mobile home.
(p) "Owner" shall mean the Person holding legal title to the real property for
Which Impact Fees are paid.
3 ORDINANCE#2006-040
(q) "Person" shall mean an individual, a corporation, a partnership, an
incorporated association, trust or any other entity.
(r) "Public Services Director" shall mean the Person appointed by the City
Manager to supervise the administration, operations and acquisitions of the
Regional Water System, the Regional Sewer System or both or the designee
of such Person.
(s) "Regional Water System" shall mean the water utility system directly or
indirectly connected to treatment facilities operated by the City. The Regional
Water System shall include the treatment, pumping, land, raw water and
appurtenant infrastructure, and those pipelines designated as being
transmission in nature, generally regarded to be 12 inches and larger in
diameter. Regional Water System infrastructure, which is infrastructure for
which Impact Fees may be spent, encumbered or both, shall specifically
exclude Subdivision Infrastructure.
(t) "Regional Sewer System" shall mean the wastewater or sewer utility system
directly or indirectly connected to treatment facilities operated by the City.
The Regional Sewer System shall include any treatment facilities, pumping
facilities installed by the City to serve more than an individual development or
subdivision, land appurtenant infrastructure, and those interceptor, collector
and pressure pipelines designated as being transmission in nature, generally
regarded to be 12 inches and larger in diameter. Regional Sewer System
infrastructure, which is infrastructure for which Impact Fees may be spent,
encumbered or both, shall specifically exclude Subdivision Infrastructure.
(u) "Subdivision Infrastructure" shall mean the water and sewer infrastructure
that provides service directly to a Building. Such infrastructure is typically
installed by a developer for a new subdivision or development or by the City,
often through assessments. Infrastructure that would be deemed to be
"Subdivision Infrastructure" includes such water distribution and sewer
collection facilities that, for the purpose of this definition, include, by way of
example and not limitation, required, needed or appurtenant valves, fire
hydrants, meters, service lines, clean-outs, pressurized pipelines less than 12
inches in diameter, gravity lines, pump stations, force mains and
interconnecting transmission facilities typically installed and dedicated by a
developer or other private party or similar improvements installed as a result
of the creation of a municipal assessment, service tax or benefit unit or similar
specially funded project in a defined area determined to need the installation,
retrofit, or connection to a central water and central sewer system meeting
City standards. For the City, Subdivision Infrastructure will generally include
gravity collector sewer lines less than 15 inches in diameter, pressure sewer
lines less than 8 inches in diameter, and water distribution pipelines less than
12 inches in diameter and related appurtenant facilities.
4 ORDINANCE#2006-040
Section 27-202. Rules for Construction.
For the purposes of administration and enforcement of this Article, unless
otherwise stated in this Article, the following rules of construction shall apply:
(a). In case of any difference of meaning or implication between the text of this
Article and any caption, illustration, appendix, summary table or illustrative table,
the text shall control.
(b). The word "shall" is always mandatory and not discretionary and the word
"may" is always permissive.
(c). Words used in the present tense shall include the future; words used in the
singular shall include the plural and the plural the singular, unless the context
clearly indicates the contrary; use of the masculine gender shall include the
feminine gender.
(d). The phrase "used for" includes "arranged for," "designed for," "maintained
for," or "occupied for."
(e). Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions, or events connected by a
conjunction, the regulation shall be interpreted as follows:
1. "And" indicates that all the connected terms are included,
2. "Or" indicates that the connected terms, conditions, provisions or
events may apply singly or in any combination.
3. "Either...or" indicates that the connected items, conditions,
provisions, or events shall apply singly but not in combination.
(f). The word "includes" shall not limit a term to the specific example but is
intended to extend its meaning to all other instances or circumstances of similar
kind or character.
(g). The terms "growth," "growth-necessitated improvements," "future growth"
and the like shall refer and be construed as referring to Development either
occurring or connecting, either directly or indirectly, to the Regional Water
System, the Regional Sewer System or both subsequent to the effective date of
this Article.
Section 27-203. Findings.
It is ascertained, determined and declared by the City Commission that:
5 ORDINANCE#2006-040
(a). The Florida Legislature has adopted growth management legislation which
requires local governments to plan and provide for capital infrastructure facilities
such as water and sewer systems.
(b). The City Commission has undertaken the commitments to plan for and
provide water and sewer systems under the Laws of the State of Florida, including
but not limited to Chapter 163, Florida Statutes and Article VIII of the
Constitution of the State of Florida.
(c). This article requires that where interim water and/or wastewater facilities
may be used prior to the Regional Water System or Regional Sewer System being
available, Owners of lands connected to interim Water or Sewer facilities are to
disconnect from such facilities and connect to the Regional Water System, the
Regional Sewer System or both whenever the Regional Water System, the
Regional Sewer System or both become available.
(d). Future utility service demand caused by any new Development should
contribute its fair share to the cost of improvements and additions to the Regional
Water System, the Regional Sewer System or both.
(e). Implementation of an Impact Fee to require any Development to
contribute its fair share of the cost of improvements and additions to the Regional
Water System, Regional Sewer System or both is an integral and vital element of
the regulatory plan of growth management incorporated into the Comprehensive
Plan. As such, the City Commission has caused an Impact Fee Study in support of
this article to be completed and submitted to the City.
(f). Capital planning is an evolving process and the level of service identified in
the Comprehensive Plan for the Regional Water System, the Regional Sewer
System or both constitutes a projection of anticipated need for treatment and
transmission facilities, based upon present knowledge and judgment. Therefore, in
recognition of changing growth patterns, and the dynamic nature of population
growth, it is the intent of the City Commission that the underlying plans and costs
for the Regional Water System, the Regional Sewer System or both and any
related Impact Fees imposed in connection with such systems, be reviewed and
adjusted periodically, pursuant to this Article, to insure that the Impact Fees are
equitably and lawfully imposed.
(g). The imposition of the Water System Impact Fee, Sewer System Impact Fee
or both is intended to provide a source of revenue to fund the construction and
improvement of the Regional Water System, the Regional Sewer System or both,
either necessitated by growth as those systems are delineated in the capital
improvement element of the Comprehensive Plan or other plan adopted by the
City as noted in this Article.
6 ORDINANCE 42006-040
® (h). The Regional Water System, the Regional Sewer System or both are
intended to ultimately provide services for all properties within the service area of
the City. The presence of the Regional Water System, the Regional Sewer
System or both enhances and benefits the health, safety and general welfare of all
properties within the City service area. The City Commission specifically finds
that the development of a Regional Water System and a Regional Sewer System
enhances and benefits the health, safety and general welfare of the residents and
landowners within the City service area.
(i). This Article shall not be construed to permit the collection of Water System
Impact Fees, Sewer System Impact Fees or both from Developments in excess of
the amount reasonably anticipated to offset the demand on the Regional Water
System, the Regional Sewer System or both generated by the future growth
connecting to the Regional Water System, the Regional Sewer System or both
subsequent to the effective date of this Article.
0). All improvements and additions to the Regional Water System, the Regional
Sewer System or both needed to eliminate any deficiency between the existing
Regional Water System, the Regional Sewer System or both and the level of
service as adopted in the Comprehensive Plan, shall be funded by revenues other
than Impact Fees. Any revenue derived from the Water System Impact Fees,
Sewer System Impact Fees or both shall be utilized only for the acquisition of
improvements and additions to the Regional Water System, the Regional Sewer
System or both which are necessitated by future growth connecting to the
Regional Water System, the Regional Sewer System or both subsequent to the
effective date of this Article.
(k). It is declared to be the policy of the City Commission that the major
transmission and treatment improvements and additions to the Regional Water
System, the Regional Sewer System or both, required to accommodate future
connections or demand by Development, shall be funded by revenue derived from
the Water System Impact Fees, the Sewer System Impact Fees or both.
Therefore, no credit shall be given for any tax revenue sources which may have
been utilized in prior years for the funding of improvements to such Regional
Water System, the Regional Sewer System or both.
(1). It has been and continues to be the policy of the City Commission that
certain water distribution and sewer collection facilities, deemed to be
Subdivision Infrastructure, are not to be funded by revenues derived from reserve
capacity charges, Water System Impact Fees or Sewer System Impact Fees.
Accordingly, the calculation of Impact Fees imposed in this Article does not
include or account for the cost or expense of such Subdivision Infrastructure.
Section 27-204. Readoption and Ratification of Master Plans.
7 ORDINANCE 92006-040
® The City Commission readopts and incorporates, by this reference, the master
plans listed below, particularly the assumptions, conclusions and findings in such studies
as to the determination of anticipated costs of the additions to the Regional Water and
Sewer Systems required to accommodate growth contemplated in the Comprehensive
Plan. The City Commission further.incorporates by reference the Comprehensive Plan as
amended, as it relates to improvements and additions to the Regional Water System, and
the Regional Sewer System:
® Water, Wastewater and Stormwater Facilities Plan adopted by Resolution 2002-
120 of the City Commission.
o PRMG rate study dated August 19, 2004.
8 ORDINANCE#2006-040
Section 27-205. Imposition.
(a) All Development occurring within the City Water and Sewer Service Areas
shall pay Water System Impact Fees and Sewer System Impact Fees in
accordance with the schedule of fees below.
Meter Size ERUs Water Sewer
Impact Fee Impact Fee
5/8" 1 $ 1,557 $ 725
1" 2.5 $ 3,893 $ 1,813
1-1/2" 5 $ 7,785 $ 3,625
2" 8 $ 12,456 $ 5,800
3" 16 $ 24,912 $ 11,600
4" 25 $ 38,925 $ 18,125
6" 50 $ 77,850 $ 36,250
(b) The Water System Impact Fees and Sewer System Impact Fees shall be
paid in addition to all other fees, charges and assessments due for the issuance of
any Building Permit and are intended to provide funds only for growth-
necessitated improvements and additions to the Regional Water System and
• Regional Sewer System.
Section 27-206. Payment.
(a) Except as otherwise provided in this Article, prior to the issuance of a
Building Permit where applicable, all Applicants or Owners, as the case may be,
shall pay the Water Impact Fees and Sewer System Impact Fees.
(b) The obligation for payment of the Water System Impact Fees, the Sewer
System Impact Fees or both and the benefits derived from them shall run with the
land that is served.
(c)° In the event that a valid Building Permit for which Water System Impact
Fees, Sewer System Impact Fees or both have been paid expires prior to the
initiation of the construction for which it was issued, the Applicant may within
ninety (90) days of the expiration of the Building Permit apply for a refund of the
Water System Impact Fees, Sewer System Impact Fees or both.
1. The application for refund shall be filed with the City Manager or
designee, on a form approved by the City Manager or designee and
contain the following:
9 ORDINANCE#2006-040
a. A sworn statement representing that the information contained
on the application for refund is true and correct;
b. The name and address of the applicant;
c. The location of the property, which was the subject of the
Building Permit;
d. The date the Water System Impact Fees, the Sewer System
Impact Fees or both were paid;
e. A copy of the receipt of payment for the Water System Impact
Fees, the Sewer System Impact Fees or both or such other record
that evidences payment of such Fees; and
f. The date the Building Permit was issued and the date of
expiration.
2. After verifying that the Building Permit has expired and that the
construction has not commenced under the subject Building Permit, the
City Manager or designee shall cause a refund of the Water System Impact
Fees, the Sewer System Impact Fees or both to be made.
3. A Building Permit which is subsequently issued on the same
property which was previously the subject of a refund shall pay the then
applicable Water System Impact Fees, Sewer System Impact Fees or both
as required by this Article.
Section 27-206. Use of Monies.
(a) The City Commission confirms the establishment of a separate reserve
account for the Water System Impact Fees and for the Sewer System Impact Fees,
which shall be maintained separate and apart from all other accounts of the City.
All such Water System Impact Fees and .Sewer System Impact Fees shall be
deposited into the reserve accounts immediately upon receipt. The City shall
keep an accounting and reporting of all impact fee collections and expenditures
made pursuant this section. Each and every expenditure of funds from these
accounts shall be authorized by motion of the City Commission.
(b) The monies deposited into the Water System Impact Fee reserve account
shall be used solely for the purposes of providing growth-necessitated capital
improvements and additions to the Regional Water System. The monies
deposited into the Sewer System Impact Fee reserve account shall be used solely
for the purposes of providing growth-necessitated capital improvements and
additions to the Regional Sewer System. The monies deposited into both of these
accounts shall be used for, but not limited to:
10 ORDINANCE#2006-040
® 1. Design or construction plan preparation; and
2. Capital construction costs.
(c) Funds on deposit in the Water System Impact Fee and Sewer System Impact
Fee reserve accounts shall not be used for any expenditure that would be
classified as a maintenance or repair expense.
(d) The monies deposited into the Water System Impact Fee and Sewer System
Impact Fee reserve accounts shall be used solely to provide improvements and
additions to the Regional Water System, Regional Sewer System (as applicable)
required by growth, generated by Development, and including, but not limited to,
expected growth addressed in the master plans listed in this Article.
(e) Any funds on deposit which are not immediately necessary for expenditure
shall be invested by the City. All income derived from such investments shall be
deposited in the applicable Water System Impact Fee, and Sewer System Impact
Fee reserve accounts and used for growth related capital expenditures for the
relative Water System or Sewer System.
Section 27-207. Alternative Fee Calculation.
® (a) In the event an Applicant or Owner believes that the impact to the
Regional Water System, the Regional Sewer System or both, necessitated by the
Owner's Development justifies a fee that is less than the fee established in this
Article, such Applicant or Owner may submit a calculation of an Alternative
Water System, Sewer System (or both) Impact Fee to the Office of the City
Manager pursuant to the provisions of this Section.
(b) In the case of new construction, any right to submit an Alternative Water
System Impact Fee calculation, Alternative Sewer System Impact Fee calculation
or both shall be deemed to have been waived and expired, and such calculation
shall not be considered by the City Commission, if not properly and timely made
prior to the issuance of a Building Permit.
(c) In the case of existing Buildings, structures or applicable improvements
which are required to connect to the Regional Water System, Regional Sewer
System or both, any right to submit an Alternative Water System Impact Fee
calculation, Alternative Sewer System Impact Fee calculation or both shall be
deemed to have been waived and expired, and such calculation shall not be
considered by the City Commission, if within thirty (30) calendar days from the
effective date of service of a "Notice of Impact Fee Statement" under this Article,
the Owner does not notify the Office of the City Manager in writing of the
Owner's intention to submit an Alternative Water System Impact Fee calculation,
• Alternative Sewer System Impact Fee calculation or both such calculations. Any
11 ORDINANCE 42006-040
. Owner who, under such circumstances, properly notifies the Office of the City
Manager of an intention to submit an Alternative Water System Impact Fee
calculation, Alternative Sewer System Impact Fee calculation or both shall submit
the applicable calculation within one hundred twenty (120) days of service of a
"Notice of Impact Fee Statement" under this Article, or any right to submit an
Alternative Water System Impact Fee calculation, Alternative Sewer System
Impact Fee calculation or both shall be deemed to have been waived and expired
and such calculation shall not be considered by the City Commission.
(d) Upon timely submission of an Alternative Water System Impact Fee
calculation, Alternative Sewer System Impact Fee calculation or both, the basis
therefore and receipt of the Alternative Water System Impact Fee calculation,
Alternative Sewer System Impact Fee calculation or both, the City Manager shall
schedule a hearing before the City Commission at a regularly scheduled meeting
or a special meeting called for the purpose of reviewing the Alternative Water
System Impact Fee calculation, the Alternative Sewer System Impact Fee
calculation or both and shall provide the petitioner written notice of the time and
place of the hearing. Such hearing shall be held within thirty (30) days of the date
the Alternative Water System Impact Fee calculation, Alternative Sewer System
Impact Fee calculation or both were submitted.
(e) The Alternative Water System Impact Fee calculation, the Alternative
Sewer System Impact Fee calculation or both shall be based on data, information
• or assumptions contained in this Article, the master plans referenced in this
Article, as amended from time to time, or an Alternative Water System Impact
Fee Study, an Alternative Sewer System Impact Fee study or both based upon an
independent source. Any such independent source must include a local study
supported by data adequate for the conclusions contained in such study,
performed according to a generally accepted methodology and based upon
generally accepted standard sources of information relating to facilities planning,
cost analysis and demographics. The independent source must provide competent
substantial evidence that the Alternative Water System Impact Fee, Alternative
Sewer System Impact Fee or both represent an equitable pro rata share of the cost
of capital improvements and additions to the Regional Water System, Regional
Sewer System or both necessitated by the subject Development.
(f) If during a prior Alternative Fee Calculation process an acceptable
Alternative Water System Impact Fee Study, Alternative Sewer System Impact
Fee Study or both substantially consistent with the criteria required by this Article
have been accepted by the City Commission, and if any such study is determined
by the City Commission to be then current and applicable, the impact of such
previously approved Development shall be presumed to be as described in the
prior study. In such circumstances, an Alternative Water System Impact Fee, the
Alternative Sewer System Impact Fee or both shall be established reflecting the
impact described in the prior study. There shall be a rebuttable presumption that
•
12 ORDINANCE#2006-040
such an impact study based upon an independent source conducted and accepted
by the City Commission more than two years earlier is invalid.
(g) If the City Commission determines that the data, information and
assumptions utilized by the Applicant to calculate the Alternative Water System
Impact Fee, the Alternative Sewer System Impact Fee or both complies with the
requirements of this Article and that the Alternative Water System Impact Fee,
the Alternative Sewer System Impact Fee or both were calculated by the use of a
generally accepted methodology, then the Alternative Water System Impact Fee,
the Alternative Sewer System Impact Fee or both shall be paid in lieu of the fee
set forth in this Article.
(h) If the City Commission determines that the data, information and
assumptions utilized by the Applicant to calculate the Alternative Water System
Impact Fee, the Alternative Sewer System Impact Fee or both do not comply with
the requirements of this Article or that the Alternative Water System Impact Fee,
the Alternative Sewer System Impact Fee or both were not calculated by the use
of a generally accepted methodology, then the City shall provide to the Applicant
by certified mail, return receipt requested, written notification of the rejection of
the Alternative Water System Impact Fee, the Alternative Sewer System Impact
Fee or both and the reason or reasons for the rejection.
(i) At the sole discretion of the City Commission, the alternative impact fee
review hearing may be adjourned or continued for up to sixty (60) days to cause
further study or scrutiny of any proposed Alternative Water System Impact Fee,
Alternative Sewer System Impact Fee or both or study of either or bath of them
by either City staff or outside consultants. The final decision of the City
Commission shall be in writing and issued within twenty (20) calendar days of the
review hearing.
0) Any Applicant or Owner who or which has submitted a proposed
Alternative Water System Impact Fee, Alternative Sewer System Impact Fee or
both pursuant to this Article and desires the immediate issuance of a Building
Permit shall pay the required fees prior to or at the time of submittal of the
proposed alternative fees. Such payment shall be deemed paid under "protest" and
shall not be construed as a waiver of any right of review. Any'difference between
the amount paid and the amount due, as determined by the City Commission,
shall be refunded to the Applicant or Owner or paid to the City, as applicable.
Section 27-208. Exemptions.
(a) The following shall be exempted from payment of Impact Fees:
1. Alteration or expansion of an existing Building where no additional
demand on either the Regional Water System, Regional Sewer System or
both or any interim treatment system is or will be created.
13 ORDINANCE#2006-040
2. The construction of accessory Buildings which will not create an
additional demand or either the Regional Water System, Regional Sewer
System or both or any interim treatment system.
3. The replacement of an existing Building which has previously paid
Impact Fee to the City where no additional demand is or will be created on
either the Regional Water System, Regional Sewer System or both or any
interim treatment system.
4. Buildings, structures, or improvements, either existing or which have
been issued a Building Permit for which construction is proceeding in
good faith, previously served by a utility service provider other than the
City, provided that at the time the City formally resolves to acquire the
utility, the City Commission, in good faith, expressly declares its intention
to operate the utility as a component of the Regional Water System,
Regional Sewer System or both and not immediately dismantle and
disconnect from the acquired utility's treatment facilities.
5. Absent an express written agreement or site specific land development
regulation to the contrary, Buildings, structures, or improvements, either
existing or which have been issued a Building Permit for which
construction is proceeding in good faith, previously served by another
regional provider where the City or any other regional provider has
reconfigured service, service areas or both.
14 ORDINANCE#2006-040
Section 27-209. Changes of Size and Use.
(a) Impact fees shall be imposed and calculated for the alteration, expansion
or replacement of Development which will result in an additional demand on
either or both the Regional Water System, Regional Sewer Service System or any
interim treatment system. Whenever any Person applies for a Building Permit to
alter, expand or replace a Building, structure or applicable improvement of
Development land, even though the subject lands may receive interim service
from a source other than the City, if such lands are within the Regional Water and
Regional Sewer Areas defined in this Article, the Impact Fees imposed shall be
calculated on the entirety of the lands subject to the Building Permit. Where the
alteration, expansion or replacement occurs on lands for which Water System
Impact Fees, Sewer System Impact Fees or both have already been paid, the
Impact Fees imposed shall be only upon the additional demand created by the
alteration, expansion or replacement.
(b) No refund or credit shall be afforded to an Owner or Applicant in the
event a diminution of use occurs after the Water System Impact Fees, Sewer
System Impact Fees or both already paid have been expended or encumbered.
For the purposes of this Article, fees collected shall be deemed to be spent or
encumbered on the basis of the first fee received by the City shall be the first fee
paid by the City.
Section 27-210. Alternative Collection Method.
In the event the Impact Fees are not paid prior to the issuance of a Building
Permit or otherwise within ninety (90) days of the subject lands becoming characterized
as Development, the City shall proceed to collect the Impact Fees as follows:
(a) The City shall serve, by certified mail, return receipt requested, a Notice
of Impact Fee Statement upon the Owner at the address appearing on the most
recent records maintained by the Broward County Property Appraiser's Office. If
the Building is under construction, the City shall also serve, by certified mail,
return receipt requested, a Notice of Impact Fee Statement upon the Applicant at
the address set forth in the application for Building Permit and make a diligent
effort to also attach a copy of the Notice of Impact Fee Statement to the Building
Permit posted at the applicable construction site. Service shall be deemed
effective on the date the return receipt indicates the notice was received by either
the Applicant or the Owner, or if the Building is under construction, the date the
notice was attached to the Building Permit, whichever occurs first. The Notice of
Impact Fee Statement shall contain a reasonably identifiable legal description of
the property and shall advise the Applicant and Owner:
1. Of the amount due and the general purpose for which the Impact
Fee was imposed;
15 ORDINANCE#2006-040
2. That a hearing pursuant to this Article may be requested within
thirty (30) calendar days from the effective date of service of the Notice of
Impact Fee Statement, by making application to the Office of the City
Manager;
3. In the case of existing Buildings, structures or applicable
improvements which are required to connect to the Regional Water
System, the Regional Sewer System or both, the Owner may notify the
Office of the City Manager of an intention to submit an Alternative Water
Impact Fee calculation, Alternative Sewer Impact Fee calculation or both
pursuant to this Article within thirty (30) calendar days from the effective
dates of service of the Notice of Impact Fee Statement and thereafter
provide an Alternative Water Impact Fee calculation, Alternative Sewer
Impact Fee calculation or both within one hundred and twenty (120)
calendar days from the effective date of service of the Notice of Impact
Fee Statement.
4. The Impact Fee shall be delinquent if not paid and received by the
City within thirty (30) calendar days of the effective date of service of the
Notice of Impact Fee Statement if a hearing is not requested pursuant to
Article.
5. Upon becoming delinquent, the Impact Fee shall be subject to the
imposition of interest at the highest rate allowed by law on the unpaid
amount until paid.
6. In the event any System Impact Fees becomes delinquent, a Notice
of Claim of Lien against the property will be recorded by the City in the
Official Records of Broward County.
(b) Impact Fees shall be delinquent if, within thirty (30) calendar days from
the effective date of service of the Notice of Impact Fee Statement, no Impact
Fees have been paid or received by the City, or if the Owner has not properly
complied with the provisions of this Article, or if a review hearing has not been
timely requested pursuant to this Article. In the event a hearing is requested
pursuant to Article, the unpaid Impact Fees shall become delinquent if not paid
within thirty (30) days from the date the City Commission determines the amount
of Impact Fees due upon the conclusion of such a hearing. All time periods
contained within this Article shall be calculated on a calendar day basis, including
Sundays and legal holidays, but excluding the date of receipt of the Notice of
Impact Fee Statement or the date of the City Commission's decision in the event
of an appeal. In the event the due date falls on a Sunday or legal holiday, the last
due date prior to becoming delinquent shall be the next business day. Upon
becoming delinquent, the Impact Fees shall bear interest as provided above on a
calendar day basis, until paid.
16 ORDINANCE#2006-040
(c) Should the Impact Fee become delinquent as set forth above, the City shall
serve, by certified mail, return receipt requested, a notice of lien upon the
Applicant, if the Building is under construction at the address indicated in the
application for the Building Permit, and upon the delinquent Owner, as the case
may be, notifying either or both of them, as applicable that failure to pay the
Impact Fees caused the City to file the notice of claim of lien.
(d) Upon mailing a notice of claim of lien, the City Manager shall file the
notice of claim of lien in the Official Records of Broward County. The notice of
claim of lien shall contain the Owner's name, the legal description of the
property, the amount of the delinquent Impact Fees and the date of their
imposition. Thereafter, without further direction of the City Commission, the
City Attorney shall proceed to collect, foreclose or otherwise enforce the lien
pursuant to the provisions of this Article.
(e) The City Manager shall file a notice of satisfaction of claim of lien in the
Official Records of Broward County upon receipt of full payment of a delinquent
Impact Fee, interest due, and any recording expenses. The notice of satisfaction
of claim of lien shall reflect the appropriate recording information shown on the
previously recorded notice of lien.
(f) After expiration of one year from the date of recording of the notice of
claim of lien as provided above, a suit may be filed to foreclose the lien. Such
foreclosure proceedings shall be instituted, conducted and enforced in conformity
with the procedures for the foreclosure of unpaid municipal fees.
(g) The lien for delinquent Impact Fees shall be superior and paramount to the
interest on such parcel or property of any Owner, lessee, tenant, mortgagee or
other Person except the lien of City taxes and shall be on a parity with the lien of
any such City taxes until paid as provided in this Article.
(h) The collection and enforcement procedures set forth in this Article shall be
cumulative with, supplemental to and in addition to, any applicable procedures
provided in any other ordinances or administrative rules in the Florida
Administrative Code. Failure of the City to follow the procedure set forth in this
Article shall not constitute a waiver of its rights to proceed under any ordinance or
administrative regulations of the City or administrative rules of the Florida
Administrative Code or any applicable law of the State of Florida.
Section 27-210.1. Developer Contribution Credit.
(a) The City may enter into a contribution agreement with a Developer which
grants a credit for Impact Fees imposed by this Article in exchange for certain
donations of land, or for the construction or installation of certain Regional Water
System, Regional Sewer System (or both) buildings, facilities or improvements
17 ORDINANCE#2006-040
and additions to them, made to the Regional Water System, Regional Sewer
System or both, as applicable.
(b) The amount of developer contribution credit to be applied shall be
determined according to the following standards of valuation:
1. The value of donated land shall be based upon a written appraisal
of fair market value by a qualified and professional appraiser acceptable to
the City based upon comparable sales of similar property between
unrelated parties in a bargaining transaction.
2. The cost of eligible anticipated construction to the Regional Water
System, Regional Sewer System or both shall be based upon professional
opinions of the total project probable cost certified by a professional
architect or engineer approved by the City.
3. In the case of contributions of construction or installation of
improvements, the value of the Developer's proposed contribution shall be
adjusted upon completion of the construction to reflect the actual costs of
construction or installation of improvements contributed by the Developer.
However, in no event shall any upward adjustment exceed twenty percent
(20%) of the initial estimate of cost for contributions to the Regional
Water System, Regional Sewer System or both identified in a contribution
agreement between the Owner and the City. Upon adjustment of the value
of the Developer's contribution, the contribution credit shall be likewise
adjusted accordingly. Until the contribution credit is finally adjusted upon
completion of construction, no more than seventy five percent (75%) of
the initial estimate of costs for the contributions to the Regional Water
System, the Regional Sewer System or both identified in the contribution
agreement shall be actually applied or used in the calculation of the
available credit against the applicable Impact Fees.
4. No credit whatsoever for lands, easements, construction or
infrastructure otherwise required to be built or transferred to the City by
law, ordinance or any other rule or regulation shall be considered or
included in the value of any developer's contribution.
(c) All construction cost estimates shall be based upon, and all construction
plans, specifications and conveyances shall be in conformity with the utility
construction standards and procedures of the City. All plans and specifications
shall be approved by the Public Services Director prior to commencement of
construction.
(d) Prior to issuance of a Building Permit the Applicant shall submit to the
Public Services Director a proposed plan and estimate of costs for contributions to
18 ORDINANCE#2006-040
the Regional Water System, the Regional Sewer System or both. The proposed
plan and estimates shall include:
1. A designation and description of the Development for which the
proposed plan is being submitted;
2. A legal description of any land proposed to be donated and a
written appraisal prepared as set forth above;
3. Initial professional opinions of probable construction costs for the
proposed construction provided by a professional architect or engineer
approved by City;
4. A proposed schedule for completion of the proposed plan prepared
by a professional architect or engineer approved by City; and
5. A five thousand dollar ($5,000.00) processing, review and audit
fee payable to the City.
(e) Upon favorable review of the proposed plan, the City Manager shall
schedule a presentation before the City Commission at a regularly scheduled
meeting or a special meeting called for the purpose of reviewing the proposed
plan and shall provide the Applicant or Owner written notice of the time and place
of the presentation.
(f) The City Commission shall authorize the City Attorney to prepare a
contribution agreement with the Owner only if:
1. Such proposed plan is in conformity with the contemplated
improvements and additions to the Regional Water System, the Regional
Sewer System or both; and
2. Such proposed plan, viewed in conjunction with other existing or
proposed plans, will not adversely impact the cash flow or liquidity of the
Water System or Sewer System Impact Fee reserve accounts (or both of
them) in such a way as to frustrate or interfere with other planned or
ongoing growth-necessitated capital improvements and additions to the
Regional Water System, the Regional Sewer System or both; and
3. Such proposed plan, viewed in conjunction with other existing or
proposed plans, will not create a detrimental imbalance between the
treatment and transmission capabilities of the Regional Water System, the
Regional Sewer System or both; and
4. The proposed plan is consistent with the public interest; and
19 ORDINANCE 42006-040
5. The proposed time schedule for completion of the plan .is
consistent with the most recently adopted five-year capital improvement
program for the Regional Water System, the Regional Sewer System or
both.
(g) The processing, review and audit fee shall be returned to the Applicant if
either the Public Services Director or the City Commission determines the
proposed plan is not acceptable. The processing, review and audit fee shall
become non-refundable once the City Commission authorizes the City Attorney to
prepare a contribution agreement.
(h) Any contribution agreement shall at a minimum include and provide for:
1. Identification of the parties including a representation from each
Owner that each is the sole (or a) record owner of the real property
described in the contribution agreement. If requested by the City
Attorney, the Applicant or Owner shall provide to the City Attorney, at no
cost to the City, an attorney's opinion letter identifying each record owner
and any lienholders having a lien or encumbrance on the real property
which is the subject of this agreement. Such opinion shall specifically
describe each of the recorded instruments under which each record owner
holds title, each lien or encumbrance, cite appropriate recording
information and incorporate by reference copies of all such referenced
instruments.
2. A finding that the contributions contemplated by the agreement are
consistent with the Comprehensive Plan.
3. A legal description of the Development lands subject to the
agreement.
4. The duration of the agreement, which shall not be for a period in
excess of five years from the date of substantial completion of the
approved plan of construction or from the date of donation, but in no event
shall the duration exceed seven years, exclusive of any moratoria, from the
date of recording in the Official Records of Broward County.
5. A description of the contribution to the Regional Water System,
the Regional Sewer System or both to be made pursuant to the agreement.
6. An acknowledgment that contributions contemplated under the
agreement shall be construed and characterized as work done and property
rights acquired by the utility or other Persons engaged in the distribution
or transmission of potable water or collection of wastewater for the
purpose of constructing or installing on or in established rights-of-way,
mains, pipes, cables, utility infrastructure or the like.
20 ORDINANCE#2006-040
7. An acknowledgment that the contribution agreement shall not be
construed or characterized as a development agreement under Sections
163.3220-163.3243, Florida Statutes (the "Florida Local Government
Development Agreement Act").
8. Adoption of the approved time schedule for completion of the
plan.
9. Determination of the amount of credit based upon the standard
valuation as identified above.
10. A requirement that the Owner keep or provide for retention
adequate records and supporting documentation which concern or reflect
the total project cost of construction or installation of the improvements to
be contributed. This information shall be available to the City, or its duly
authorized agent or representative, for audit, inspection or copying, for a
minimum of five years from the termination of the contribution
agreement.
11. A requirement that the credit for impact fees identified in the
contribution agreement shall run with the subject Development lands and
shall be reduced by the entire amount of the Impact Fee due on the first
Building Permit issued for the Development and each successive Building
Permit until the project is either completed or the credits are exhausted or
no longer available.
12. That the burdens of the contribution agreement shall be binding
upon, and the benefits of the agreement shall inure to, all successors in
interest to the parties to the contribution agreement.
13. An acknowledgment that the failure of the contribution agreement
to address any permit, condition, term or restriction shall not relieve either
the Applicant or Owner, or their successors, of the necessity of complying
with any law, ordinance, rule or regulation governing permitting
requirements, conditions, terms or restrictions.
14. Compliance with the risk management guidelines which may be
established by the City's Risk Management Department from time to time,
including but not limited to, insurance and indemnification acceptable to
the City.
15. Annual review and audit of performance under the contribution
agreement to determine whether or not there has been demonstrated good
faith compliance with the terms of the contribution agreement and to
report the credit applied toward payment of Water System Impact Fees,
21 ORDINANCE#2006-040
Sewer System Impact Fees or both and the balance available and unused
credit. If the City Commission finds, on the basis of competent substantial
evidence, that there has been a failure to comply with the terms of the
contribution agreement, the agreement may be revoked or modified by the
City.
16. Modification or revocation of the contribution agreement as is
necessary to comply with relevant state or federal laws, if state or federal
laws are enacted after the execution of the contribution agreement which
are applicable to and preclude the parties' compliance with the terms of
the contribution agreement.
17. Amendment or cancellation by mutual consent of the parties to the
contribution agreement or by their successors in interest.
18. Recording the contribution agreement in the Official Records of
Broward County within fourteen (14) days after the parties enter into the
contribution agreement.
19. The ability to file an action for injunctive relief in any court of
competent jurisdiction to enforce the terms of the contribution agreement,
such remedy being cumulative with any and all other remedies available to
ithe parties for enforcement of the agreement.
20. In the event the amount of the developer contribution, pursuant to
an approved plan of construction, exceeds the total amount of Impact Fees
possibly due from the Applicant based upon the contemplated
improvements to the Regional Water System, the Regional Sewer System
or both as proposed by the Applicant, the contribution agreement shall
provide for future reimbursements to the Applicant or Owner of the excess
of such contribution credit from future receipts by the City of Water
System Impact Fees, the Sewer System Impact Fees or both. Any such
agreement shall not be for a period in excess of seven years from the date
of its recording and it shall provide that any remaining reimbursement
balance at the end of such seven year period shall be discontinued and
void.
(j) In the event the amount of a developer contribution, pursuant to an
approved plan of construction or donation of land, exceeds the total amount of
Impact Fee credits used on the benefiting Development land identified in a
contribution agreement, the contribution agreement may provide for the
reimbursement of up to one-half (1/2) the excess or remaining balance of such
contribution credit, provided that funds are available and collected from future
receipts by the City from Water System Impact Fees, Sewer System Impact Fees
or both collected during the fiscal year immediately following the fifth
anniversary after the date of substantial completion of the plan of construction or
22 ORDINANCE#2006-040
the date of donation, or the seventh anniversary, exclusive of any moratoria, from
the date of recording the contribution agreement, whichever shall first occur.
Should the source of funds for reimbursement as described in this provision not
be available within the time frames described in this provision, the remaining
balance of any Impact Fee credits shall be discontinued and void.
(k) Any Applicant or Owner who submits a proposed plan pursuant to this
Article and desires the immediate issuance of a Building Permit shall pay prior to
or at the time the proposed plan is submitted to the City the applicable Water
System Impact Fees, Sewer System Impact Fees or both required under this
Article. Such payment shall be deemed paid under "protest" and shall not be
construed as a waiver of any review rights. Any difference between the amount
paid and the amount due, as determined by the City Commission, shall be
refunded to the Applicant or Owner.
Section 27-210.2 Review Hearings.
(a) An Applicant or Owner who is required to pay an Impact Fee pursuant to
this Article, shall have the right to request a review hearing.
(b) Such hearing shall be limited to the review of the application of the Impact
Fee to the Owner or Applicant.
(c) Except as otherwise provided in the this Article, such hearing shall be
requested by the Applicant or Owner within thirty (30) days, including Sundays
and legal holidays, of the date of first receipt of the following, whichever is
applicable:
1. Receipt of a Notice of Impact Fee Statement.
2. The denial of an Impact Fee Exemption or Authorization for
Reimbursement.
Failure to request a hearing within the time provided shall be deemed a waiver of such
right.
(d) The request for hearing shall be filed with the Office of the City Manager
and shall contain the following:
1. The name and address of the Applicant and Owner;
2. The legal description of the property in question;
3. If issued, the date of the Building Permit;
23 ORDINANCE#2006-040
4. A brief description of the nature of the improvements on the
property or the connection being undertaken pursuant to a Building
Permit;
5. If paid, the date the Impact Fee was.paid; and,
6. A statement of the reasons why the Applicant or Owner is
requesting the hearing.
(e) Upon receipt of such request, the City Manager shall schedule a hearing
before the City Commission at a regularly scheduled meeting or a special meeting
called for the purpose of conducting the hearing and shall provide the Applicant
or Owner with written notice of the time and place of the hearing. The hearing
shall be held within thirty (30) days of the date the request for hearing was filed.
(f) Such hearing shall be before the City Commission and shall be conducted
in a manner designed to obtain all information and evidence relevant to the
request for the hearing. Formal rules of civil procedure and evidence shall not be
applicable; however, the hearing shall be conducted in a fair and impartial manner
with each party having an opportunity to be heard and to present information and
evidence.
(g) Any Applicant or Owner who requests a hearing pursuant to these
• provisions and desires the immediate issuance of a Building Permit shall pay prior
to or at the time the request for hearing is filed the applicable Impact Fee pursuant
to this Article. Such payment shall be deemed paid under "protest" and shall not
be construed as a waiver of any review rights.
(h) If the City Commission determines that the data, information and
assumptions utilized by the Applicant to calculate the Alternative Water System
Impact Fee, the Alternative Sewer System Impact Fee or both do not comply with
the requirements of this Article or is otherwise not equitable or that the
Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee
or both were not calculated by the use of a generally accepted methodology, then
the City shall provide to the Applicant by certified mail, return receipt requested,
written notification of the rejection of the Alternative Water System Impact Fee,
the Alternative Sewer System Impact Fee or both and the reason or reasons for
noncompliance.
(i) At the sole discretion of the City Commission, the alternative impact fee
review hearing may be adjourned or continued for up to sixty (60) days to cause
further study or scrutiny of any proposed Alternative Water System Impact Fee,
Alternative Sewer System Impact Fee or both or study of either or both of them
by either City staff or outside consultants. The final decision of the City
Commission shall be in writing and issued within twenty (20) calendar days of the
review hearing.
24 ORDINANCE#2006-040
• Section 27-210.3. Review Requirements.
This Article and the master plans shall be reviewed by the City Commission every
two years in connection with the City's compliance with its Comprehensive Plan as
required by Section 163.3177, Florida Statutes and those plans identified in this Article.
The bi-annual review shall consider new estimates of population per household, costs
related to the acquisition of land, buildings, capital plant and equipment necessitated by
growth and adjustments to the assumptions, conclusions and findings set forth in the
master plans adopted by this Article. The purpose of this review is to ensure that the
Impact Fees do not exceed the reasonably anticipated costs associated with the
improvements necessary to offset the demand generated by new construction or use of
the Regional Water System, the Regional Sewer System or both. In the event the review
alters or changes the assumptions, conclusions, and findings of the master plans adopted
by reference in this Article, revises or changes the Regional Water System, the Regional
Sewer System or both or alters or changes the amount of Impact Fees, the master plans
adopted by reference in this Article shall be amended and updated to reflect new and
demonstrable assumptions, conclusions and findings and shall be amended to adopt by
reference such updated studies.
Section 3. The City Commission adopts and incorporates by reference into this
Ordinance the study entitled "Water and Sewer Impact Fee Study" prepared by Public Utility
• Management and Planning Services, Inc, dated August 18, 2006, including the assumptions,
conclusions, and findings set forth in the report. A copy of the report is attached to this
Ordinance as Appendix A. Neither this section nor the report shall be codified in the City Code.
Section 4. All ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 5. If any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 6. The provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Dania Beach, Florida, the sections of the Ordinance may be
•
25 ORDINANCE#2006-040
renumbered or relettered to accomplish such intentions, and the word "Ordinance" shall be
•
changed to "Section," "Article" or other appropriate word.
Section 7. This Ordinance shall take effect 90 days after adoption.
PASSED on first reading on November 14, 2006.
PASSED AND ADOPTED on second reading on November 28, 2006.
PATRICIA FLURY l
MAYOR-COMMISSIONER
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED VORM AND CORRECTNESS:
THOMXS J SBRO
CITY ATT RNEY
26 ORDINANCE#2006-040
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS GIVEN that on November 28, 2006, at 7:00 p.m. or as soon thereafter as the matter may be
heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the
Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida,
to consider the proposed adoption of the following Ordinances:
ORDINANCE NO. 2006-038
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND
LANDSCAPING IRRIGATION"; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.2006-039
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF
ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT
TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF
QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR
AN EFFECTIVE DATE.
ORDINANCE NO.2006-040
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII,
"WATER AND SEWER IMPACT FEES" OF CHAPTER 27("WATER AND SEWERS") OF THE CITY
CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE;
ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM
IMPACT FEES'; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS,
PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF
PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS;
PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE;
PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND
COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL
REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania
Beach Boulevard, Dania Beach, Florida,and may be inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any
person who decides to appeal any decision made with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
In accordance with the American with Disabilities Act, persons needing assistance to participate in any of
the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004, (954)924-3623 at least 48 hours prior to the meeting.
r /s/Louise Stilson
Run in Sun Sentinel:November 17,2006 City Clerk