HomeMy WebLinkAboutO-2011-035 Creating new Chapter 27 Water & Sewer ORDINANCE NO. 2011-035
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
REPEALING CHAPTER 27 OF THE CITY CODE OF ORDINANCES
ENTITLED "WATER AND SEWERS" IN ITS ENTIRETY, AND CREATING
A NEW CHAPTER 27 ENTITLED "WATER AND SEWERS" IN ORDER TO
EFFECT A COMPREHENSIVE REVISION OF CHAPTER 27 OF THE CODE
OF ORDINANCES; 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, FLORIDA:
Section 1. That Chapter 27 of the Code of Ordinances of the City of Dania Beach
entitled"Water and Sewers" is repealed in its entirety.
Section 2. That a new Chapter 27 of the Code of Ordinances of the City of Dania
Beach, Florida entitled"Water and Sewers" is created to read as follows:
ARTICLE I. WATER AND SEWER UTILITIES
Sec. 27-1. Scope.
The following rules and regulations for the manufacture, sale and distribution of water by the
City, including rates to be charged to Consumers by the City as from time to time established by
action of the City Commission shall be observed by the City and by Consumers of water supplies
by the City wherever located.
(a) Every owner of a lot or parcel of property in the City upon which a residential,
commercial, or industrial use shall be established, and which abuts any street or public
way which contains a treated water system line, or is within two hundred fifty (250) feet
of a treated water supply line, shall cause such use to be connected to such treated water
line within ninety (90) days of the date of availability of such treated water line. This
Section shall not prohibit use of wells for lawn sprinkling and plant irrigation purposes.
The use of private well water for drinking, toilets, wash basins, bathtubs, showers, sinks,
fire sprinkler systems or other fire protection purposes is prohibited.
(b) Where in the judgment of the City a possibility exists that untreated water from
nonpotable systems could penetrate or enter the treated water system, the user shall
physically separate such systems to the satisfaction of the City. No flat rate or other
unmetered service shall be allowed. All water delivered to consumers shall be metered,
and charges rendered in accordance with registered consumption.
It is unlawful for any Consumer of a residential unit to knowingly supply water to
another unit(s) in which water is not available for any reason. In the event the City sees
evidence of this occurring, the party supplying the water will be billed on an additional
unit(s) basis. The Consumers of both the providing and recipient properties will be
subject to the maximum fine as set forth in Section 1-8 of the City Code, which fine shall
be added to and become a part of the utilities bill for that residential unit.
(c) No water service shall be furnished to any person by a public or private utility unless the
person agrees to accept all of the provisions contained in this article. The acceptance of
water service shall be in itself the acceptance of compliance with the provisions in this
article.
See. 27-2. Definitions.
For the purposes of this Chapter, the following words and terms shall have the following
meanings:
City means the City of Dania Beach, a municipal corporation of the State of Florida.
City engineer means the engineer designated to represent the City in all engineering matters or
his/her authorized representative.
City utilities consulting engineer means the engineering firm selected by the City to represent the
City in all utility matters.
Consumer means any person, firm, association, corporation, governmental agency or similar
organization or entity supplied with the availability of water service, sewer service or both, by
City, which term shall also include developers, large users, Owners, tenants or occupants of
property, or any of the foregoing.
Consumer installation means all pipes, fixtures, meters, and appurtenances of any kind and
nature used in connection with or forming a part of an installation for utilizing water or sewer
services for any purpose, located on the Consumer's side of "point of delivery", whether such
installation is owned outright by a Consumer or by contract, lease or otherwise.
Department means the Public Services Department of the City, the Finance Department of the
City or both, as the context requires.
Developer means any person, corporation, or other legally recognized entity who or which
engages in the business of making improvements to or upon real property located within or
outside the City as Owner or legally constituted agent for the Owner of such real property.
Easement means right of ingress, egress, dedications, rights-of-way, conveyances or other
property interests necessary or incidental to the installation, extension, repair, maintenance
construction or reconstruction of City's utility system or any components of it, over or upon a
consumer's property.
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Guarantee of payment deposit means the agreement entered into between the City and a
Consumer prior to furnishing water service; such agreement is intended to guarantee the payment
of any or all indebtedness for water service and water usage, or otherwise which may become
due to the City for usage on the premises.
Main shall refer to any pipe, conduit or other facility installed to convey water or sewer service
from individual laterals or to other mains.
Owner means any person, firm, corporation, association, entity or occupant having an interest,
whether legal or equitable, sole or partial in any premises which is or is about to be supplied with
water service, sewer service or both by the City. The definition of Owner specifically excludes
any entities or persons whose interest in the premises is that of tenant as that term is used in
Chapter 83, Florida Statutes.
Point of delivery means the point where the City pipes are connected with the pipes of the
Consumer. Unless otherwise indicated, point of delivery for water service shall be at the
discharge side of the water meter. Unless otherwise indicated, point of delivery for sewer service
shall be at the upstream connection of the clean-out which is placed at or about the public right-
of-way or utility easement. In the absence of a clean-out, the point of delivery is at the sewer
lateral connection to the sewer main of the City.
Potable water means water produced which meets or exceeds standards published within the
Safe Drinking Water Act, or its amendments, with respect to potable water for public
consumption.
Property means the land or improvements upon land of which the Consumer is owner or over
which Consumer has control either by contract or possessory interest sufficient to authorize
Consumer to make application for service, or adjacent right-of-way which services the land or
site being developed. City shall require proof of such interest prior to the furnishing of service by
copy of instrument of conveyance, contractor or appropriate verified statement contained in the
application for service.
Service means the provision of water service, sewer service or both.
Utilities Director means the Public Services Director who is the appointed head of the utilities
department of the City or his/her authorized representative.
Sec. 27-3. Findings and purpose.
The City Commission for the City of Dania Beach ascertains, decrees and declares that:
(a) It is necessary to develop a safe and reliable water and sewer utility system in accordance
with the latest technical and professional standards within the City in order to protect the
health, safety and welfare of the City and those who are served now and in the future by
the City.
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(b) The purpose of this Article is to establish and present the standards for utility rates for the
water and wastewater systems within the area served by the City. The purpose of the
Article is also to ensure that reliable and economical utility services will be provided to
all users of the City's water and sewer system in a fair and equitable manner. This
Article should be used in conjunction with, and as supplement to, the City's Water and
Sewer Extension Policy and other ordinances and regulations in effect now or in the
future as they may be amended from time to time and applies to all developments or
lands within the City's service area.
(c) The City utility system was created to develop safe, reliable and financially self-
supporting potable water and sanitary sewerage systems which will meet the water and
sewerage needs of a developing area served by the City,to ensure that existing and future
utility systems are constructed, operated and managed at the least possible cost to the
users and with no direct or indirect financial aid from the general fund of the City, to
develop systems requiring the most reliable operating and maintenance costs, and to
develop a system that is compatible with the City's growth. The objective of this Article
is to facilitate the development of the water and sewer system to meet the financial needs
and mandates required of the City and to provide water and sewer services to the
residents of the City service area in a manner such that all Consumers benefit from the
provision of utility service to meet their needs and that all fees, charges and procedures
required of Consumers reflect the actual cost to provide service in accordance with good
utility practice and law.
Sec. 27-4. Procedures on change of ownership or occupancy of premises.
(a) In the event of any change in ownership or occupancy of any premises connected to the
water system, sewer system or both, the Finance Department shall be immediately
notified in writing, giving the name and address of the new Consumer. Such new
Consumer shall provide, the Finance Department with a government issued form of
identification document (United States corporate/partnership IRS identification number,
State Driver's License Number, passport number or personal social security number),
post a deposit for service in his/her name, and the deposit in effect with the previous
Consumer shall be finaled. No existing account shall be final until such written notice of
termination is given to the Finance Department by the Consumer of record.
(b) In the event a Consumer fails to notify the Finance Department upon change of
ownership or occupancy of served premises as provided in paragraph (a) above, such
Consumer shall continue to be liable to the City for all charges accrued and occurring for
Service until such time that evidence of change in occupancy or ownership is submitted
to the Finance Department, which shall, of its own volition, final the account. This clause
shall not prohibit nor preclude the Finance Department from also demanding from the
new Owner the payment of all or any charges or rates accrued by a former Owner which
at the time of demand by registered mail remain unpaid or unsecured, without regard to
whether the charges accrued prior or subsequent to change in occupancy or ownership.
Upon failure of the new Owner to comply with such demand within seventy two (72)
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hours after written notice, the City shall have the right to discontinue supplying water to
such premises.
(c) When an Owner sells property, leaving a current or delinquent water bill, sewer bill, or
both, against the property, the City may, at its option, refuse service to that property or to
any other property that the same Owner intends to use in the future, regardless of whether
or not other accounts of the same Owner are in good standing, or refuse to open an
account in the new Owner's name.
(d) In cases where a tenant informs the City that the tenant no longer resides at a property
supplied by water services, or if the City determines that a property receiving such
services is vacant, the City may open a new account in the Owner's name and charge the
Owner as set forth in this Article.
Sec. 27-5. Commencement of charges.
(a) When application is made for Service, the Service, with related charges shall begin on the
day of completion of the service connection by the Department.
(b) From time to time, the City Commission may, by resolution, adopt and impose a base
minimum charge for the availability of the water and sewer systems. This base minimum
charge is due to the City regardless of the amount of use by the Consumer at the property.
Sec. 27-6. Authority and grounds for discontinuance of service; imposition of penalties for
violations.
All Service shall be subject to cancellation by the City for any one or more of the following
reasons:
(a) For misrepresentation or concealment in the application as to the premises or fixtures to
be furnished with Service or the use to be made of such Service.
(b) For waste or excessive use of water, excessive loading of the sewer facilities, or both,
through improper or imperfect pipes, fixtures, or appliances, excessive infiltration and
inflow of ground or rainwater, or for any other reason.
(c) For refusal or neglect to make any advance payment, if such is required by the City, or
for refusal or neglect to comply with requirements of the City as to meter or service
location, maintenance, alterations or renewal or other requirements relating to the Service
of the City.
(d) Continued delinquency in payment for any services enumerated on a City utility bill, by
whomever incurred, for or on account of premises served. An account is deemed
delinquent if payment is not received within twenty (20) days of the date of the invoice.
If payment is delinquent and in arrears for a period of more than thirty five (35) days,
City shall issue a final delinquency letter to the customer's service address alerting them
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to the delinquent balance due and a delinquency notice charge as established b
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Resolution to the customer account. If payment is delinquent and in arrears for a period
of forty (40) days or more, the City may, at its sole discretion, pull or lock the meter and
h r b event, h Consumer shall a all fees and
discontinue service to property. In such e e the Co s
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charges required to reconnect water service as set forth in this Article.
(e) For use of a Service to benefit any other premises.
(f) For refusal to comply with requirements of the Department concerning backflow
prevention, cross connections, safety checks, or similar requirements.
(g) For any interference or tampering whether by act of commission or omission, with the
meter measuring the water supply, or with seals of any meter, or with any meter box or
vault, or with service pipes, or valves of any seals, or with any appliance of the City or
with any appliance of the Consumer, which was or is required by the City for controlling
or regulating the water supply service; or for making or causing to be made any
connection with any main service pipe or other pipe, appliance or appurtenances used for
or in connection with the Department in such manner as to supply water from such
connection to any faucet or other outlet without such water passing through a meter or
other measuring device used by the City for measuring and registering the quantity so
passing through or for making or causing to be made without the written consent of the
Department any connection with any main, pipe, service pipe, or other instrument or
appliance in such a manner to take untreated used or wasted water; or for making or
causing to be made any connection with any premises or buildings other than the
premises or buildings intended in the application for service to be served by such water
connection, or with intent to defraud the City, and for the purpose of this regulation any
interference or tampering with any appliances used in connection with or for controlling
or regulating the water supply service to any premises shall be construed and taken to be
the act of the Consumer using water service at the premises.
(h) Where there has been a change in ownership of the premises, but no application from the
new Owner has been made and approved by the Finance Department.
(i) Where the City has been or is being defrauded in any way.
(j) For violation of any of the rules or requirements by the City as now existing or as they
shall be made in the future.
(k) All bills and accounts for Service shall be subject to a penalty if delinquent for a period
of twenty (20) days after the initial mailing of a bill or statement by the City for Services
rendered during the previous period. The amount of the penalty shall be as set forth in
the resolution of the City Commission setting rates. All delinquent Services may cause
the water service to be shut off and the water will not be turned on until the amount of the
delinquent account has been paid. The City may lock or pull all meters of Consumer
accounts that are delinquent for forty-five (45) days or more. If the Consumer is a tenant,
the account shall be finaled, the deposit on file will be applied to final the account, and
ORDINANCE#2011-035
the account will revert back to the property Owner of record. If the account is held in the
name of the Owner, the meter will be pulled and the outstanding bill will be applied as a
lien against the property. A fee as set by resolution of the City Commission will be
assessed to reinstall or unlock the meter and a new deposit (based on the current rate at
the time of the new deposit) will be required. Monthly base billing will continue to
accrue.
(1) Application shall be made to the City for the addition of any living units connected to the
water service lines if the units have not been included on previous applications. For
violations of this Section the water service may be disconnected.
(c) Any violations of subsections (a) through (1) above shall be subject to penalties as
provided for in Section 1-8 of the City Code which fine shall be added to and become a
part of the utilities bill for that unit.
Sec. 27- 7. Billing of accounts.
(a) Water accounts. The City is authorized to add the monthly charges for sewer service,
backflow charges, special trash pick-up, and fire inspection fees, if applicable, to the
monthly or bimonthly water bills which are rendered by the City to the users of water
service at the same premises. More particularly, the City is authorized to add the charge
for sanitary sewer services to any premises to the monthly or bimonthly water bill
submitted to the user of water service at such premises, and this right shall exist even
though the applicant for the initial sanitary sewer services or for the initial permit to
connect to the sanitary sewer system may be different from the person who is billed
monthly or bimonthly for water services extended to such premises. Such sewer charges
will begin at the end of the ninety-day period as referred to in Section 27-44(b) of this
Chapter whether connection has been made or not.
(b) Separate bills. The provisions in Subsection (a) above concerning the inclusion of
sanitary sewer service charges in the monthly or bimonthly water bill submitted for water
service to any premises shall be optional on the part of the City, and the City shall always
have the right to render separate bills to separate persons if any conditions exist which
warrant separate bills.
(c) Discontinuing water service for any delinquency. City shall indicate all delinquent
balances separately on subsequent service billings. If the amount charged by the City for
Services shall not be paid within forty (40) days from the mailing of any bill for such
Services, the City shall be authorized to discontinue supplying water to such premises
and shall be authorized to disconnect the same from the water system of the City.
(d) Flushing and sampling. A credit shall be given in an amount as established by resolution
of the City Commission upon recommendation of the Utilities Director or designee for
flushing or sampling a Consumer's service line (the part of the Consumer's line located
after the meter).
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Sec. 27-8. Water meters.
All meters shall be controlled and inventoried by the Finance Department which shall furnish all
meters for installation by the Public Services Department only upon receipt of a duly authorized
City Work Order indicating receipt of an application of Owner or his/her agent and the payment
of prescribed charges, and all meters furnished and installed shall be and remain subject to
absolute and exclusive control of the City. No meters shall be removed, relocated or replaced
without an authorized Work Order from the Finance Department.
Sec. 27-9. Backflow preventers.
(a) An approved backflow prevention assembly as stated in the Florida Administrative Code
62-555.360 and the BOCA Uniform Plumbing Code, appropriate to the degree of hazard,
shall be installed on each service connection to a Consumer's water system at or near the
property line or immediately inside the building being served, but in all cases before the
first branch line leading off the service line, wherever the following conditions exist:
(1) For premises using an auxiliary water supply that is not or may not be of safe
bacteriological or chemical quality and that is not acceptable as an additional
source as determined by the Utilities Director or designee.
(2) For premises on which any industrial fluids or any other objectionable substances
are handled in such a fashion as to create an actual or potential hazard to the
utility system. This shall include the handling of process waters and waters
originating from the utility system that have been subject to deterioration in
quality.
(3) For premises having internal cross connections that cannot be permanently
corrected and controlled, or intricate plumbing and piping arrangements or
where entry to all portions of the premises is not readily accessible for inspection
purposes, making it impracticable or impossible to ascertain whether or not
dangerous cross connections exist.
(4) For premises in which backpressure may be generated in the Consumer's system.
(b) The type of backflow prevention assembly or means required under subsection (a) above
shall be determined by the degree of hazard that exists as follows:
(1) For premises where there is an auxiliary water supply the utility system shall be
protected by an approved air gap separation or a reduced pressure principle
assembly.
(2) For premises where there is backpressure, or the presence of water or other
substance that would be objectionable, but not hazardous to health if introduced
into the utility system, the utility system shall be protected by a double check
valve assembly.
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(3) For premises where there is any material dangerous to health that is handled in
such a fashion as to create an actual or potential hazard to the utility system, the
utility system shall be protected by an air gap separation or a reduced pressure
principle assembly.
(4) For premises where there are cross connections that are not controlled, either
actual or potential, the utility system shall be protected by an air gap separation or
a reduced pressure principle assembly.
(5) For premises where, because of security requirements or other prohibitions or
restrictions, it is impossible or impractical to make a complete in-plant cross
connection survey, the utility system shall be protected against backflow from the
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premises by either an air gap separation or a reduced pressure principle assembly.
(6) For premises where, in the opinion of the Utilities Director or designee an undue
health threat is posed because of the presence of extremely toxic substances, the
Utilities Director or designee shall require an air gap at the service connection to
protect the utility system.
(7) For premises where an irrigation system is connected directly to the utility system
through an irrigation meter, the utility system shall be protected as follows:
i. On an open head sprinkler irrigation system and where such system is not
in use more than twelve (12) consecutive hours an atmospheric vacuum
breaker shall be required.
ii. On an irrigation system not subject to backpressure a pressure vacuum
breaker assembly shall be required.
iii. On an irrigation system subject to backpressure a double check valve shall
be required.
iv. On an irrigation system with chemical additives or agents a reduced
pressure principle assembly shall be required.
(8) For premises with a fire service connection, the type of any backflow prevention
assembly required shall be subject to the approval of the Utilities Director or
designee.
(c) The Utilities Director or designee shall be responsible for the protection of the utility
system from contamination or pollution due to the backflow of contaminants or pollutants
through water service connection. When backflow prevention is required at the
Consumer's water service connection or within such Consumer's system, as provided in
this Section, the Utilities Director or designee shall give notice in writing to such
Consumer to install such approved backflow prevention assembly or means.
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(d) Testing Backflow Preventers
(1) The Owner shall have tested and continually maintain the approved backflow
prevention assembly or means required by this Section.
(2) The Owner's system shall be open for inspection at all reasonable times to
authorized representatives of the Utilities Director or designee to determine
whether cross connections or other threats to the utility system exist.
(3) It shall be the duty of the Owner at any premises where a required backflow
prevention assembly other than an atmospheric vacuum breaker is installed, to
have certified inspections and operational tests made at least once every three
years. In those instances where the Utilities Director or designee deems the hazard
to be great enough, certified inspections may be required at more frequent
intervals. A fee as established by resolution of the City Commission will be
assessed for annual certification compliance.
(4) All installations, inspections and tests shall be at the sole expense of the Owner
and shall be performed by a licensed plumber under permit who is also a certified
backflow prevention technician. It shall be the duty of the Utilities Director or
designee to see that these tests are made in a timely manner. If any backflow
prevention assembly requires repair, overhaul, or replacement, such work shall be
done within ten (10) working days of the notice to the Owner of the need for such
work and all such work shall be done by a licensed plumber under permit who is
also a certified backflow prevention technician at the sole expense of the
Consumer. A copy of the record of all such tests or other work specified in this
Section shall be reported to the City immediately upon receipt by the Consumer
of the record.
Sec. 27-10. Meters-location.
(a) In every instance of metered water service, the Owner shall provide and maintain a
location for the meter which is acceptable to the Department. When a meter has been
placed, its position shall not be disturbed or changed except by the Department, at the
cost of the Owner, and in the event that any Owner makes any change in the Owner's
premises, which in the discretion of the Department requires any change in location of
the meter or meter box, such change shall be made by the Department at the cost and
expense of the Owner.
(b) If the Owner of any lot or parcel of land within the City's service area shall fail or refuse
to connect with and use the facilities of the water or sewer system of the City after
notification, as provided in this Article, then the Department shall be authorized to make
such connections, entering on or upon any such lot or parcel of land for the purpose of
making such connection. The City shall be entitled to recover the cost of making such
connection together with reasonable penalties and interest and attorney's fees, by suit in
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any court of competent jurisdiction. In addition, and as an alternative means of collecting
the costs of making such connections, the City shall have a lien on such lot or parcel of
land for such cost, which lien shall be equal in dignity with the lien of State and City
taxes. Such lien may be foreclosed by the City in the same manner provided by the laws
of the State of Florida for the foreclosure of a mortgage upon real estate.
c Any Owner whose water meter is inaccessible to the meter reader because of a fence or
other obstruction will be notified by the Finance Department and allowed sixty (60) days
to cause the meter to be made accessible. If the meter is not made accessible within sixty
(60) days from time of written notice mailed by the City, a flat charge established by
resolution of the City Commission per month will be added to the utility bill until such
time as the meter has been made accessible. It is the Owner's obligation to notify the
City once the meter has been made accessible.
Sec. 27-11. Meters-Repairs.
Repairs, renewals and replacements of water meters, meter boxes, with all connections and
appliances shall be made exclusively by the Public Services Department, as indicated by the
judgment of the Department Director. Where damage has occurred to these appurtenances, the
City shall bill Owner and all persons responsible for the damage.
Sec. 27-12. Meters-Reading.
Meters may be read either monthly or bi-monthly and monthly bills shall be rendered on the
basis of such readings provided the meter is in good order since the previous reading. If the
meter is read bi-monthly or has been damaged or otherwise is not in good order as determined by
the Department, billings may be rendered on estimated consumption which will be based on the
average consumption of the immediate past four(4) monthly billings
Sec. 27-13. Meters-Testing and changing.
(a) The quantity of water recorded by the meter shall be conclusive on both the Owner and
the City except when the meter has been found to be defective, or ceases to register.
(b) Should the Consumer question the accuracy of the meter on his/her service, the
Consumer may request that the meter be tested. The Department shall remove the meter
and test it. If the test shows that the meter is not over-registering more than two (2)
percent, a charge will be assessed as established by resolution of the City Commission on
the following month's bill.
The City reserves the right to remove and test any meter at any time and if such meter is
found to be inaccurate, to substitute another meter of the same size in its place. Further,
the City reserves the right to make any correction in the bill rendered based on the last
reading of such meter in accordance with the result of such test.
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(c) In the event the Consumer requests that a meter be reread, the first such reread shall be at
no cost to the Consumer; thereafter, a charge will be assessed as established by resolution
of the City Commission on the next bill rendered if the reading proves to be correct. If the
rereading proves to be incorrect, the proper adjustment will be made by the Finance
Department on the next bill rendered at no charge to the Consumer.
(d) In case the meter has been found to be defective or has ceased to register, the amount of
the water to be billed shall be prorated upon the previous corresponding period from the
date of the last reading prior to the time the meter became defective or failed to register,
to the time such meter is repaired or replaced.
(e) The Consumer at every premises shall pay a fee established by resolution of the City
Commission for each and every time it is necessary for the Department to provide
Service after working hours where it is not the fault of the City.
(f) The City reserves the right to routinely replace existing meters at any time for any reason
as a part of routine, ongoing meter change-out program or for any other purpose.
Sec. 27-14. Breaking of meter seals.
(a) The Consumer at every premises shall pay to the City the sum of the actual cost of repair
or replacement, plus twenty (20) percent of repair or replacement costs or an amount
established by resolution of the City Commission whichever is greater for each and every
time the seal on any meter or its coupling on or for such premises is found broken or
removed. The City reserves the right to put on such seals in or for any premises at any
time, and upon the second occurrence of such offense, the City, may, at its option, shut
off the supply and discontinue its service, and may further refuse to again turn on the
same and resume its service to such premises, so long as the Consumer at the premises at
the time of the breaking or removal of such seal shall continue to be the Consumer at the
premises.
(b) Every time the seal on any meter or its coupling is found to have been damaged, broken
or removed, the amount of the water to be billed shall be prorated upon the previous
corresponding period from the date of the last reading prior to the time the meter become
defective or failed to register, to the time such meter is repaired or replaced.
Sec. 27-15. Meters-damage or destruction.
(a) It shall be unlawful and a violation of the City Code for any person, firm or entity to
enclose, cover up, conceal, deface, destroy or damage any water meter connected to the
water lines of the City of Dania Beach Municipal Water System.
(b) In the event the City sees fit to turn off the water supply to a meter due to nonpayment of
a bill or tampering with a meter, it shall be unlawful to tamper with the meter. In the
event the water supply has been turned on or reinstated by someone other than the
Department, the meter will be pulled and a charge of the actual cost plus twenty (20)
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percent, or an amount as established by resolution of the City Commission, whichever is
greater, will be assessed and paid prior to reinstallation of the meter.
(c) A presumption (not conclusive) shall exist that any of the acts which are unlawful under
the provisions of subsections (a) and (b) as to a particular water meter were done by the
person, firm or entity in whose name the account is carried on the records of the City
concerning water service furnished through the particular meter.
Section 27-16. Temporary meters.
Temporary meters may be made available to developers and other customers provided certain
criteria are met. These criteria are as follows:
(a) Consumer shall pay all charges incurred for the installation and removal and
monthly user charges made on the temporary meter.
(b) All pipes, valves, meters, etc., up to and including the meter and backflow
prevention device shall be property of the City.
(c) All meters shall be considered non-potable and shall be used only for the purpose
of supplying construction water to meet the City's operational requirements for new
water line construction for line filling, full bore flush, chlorination, post chlorination
flush and bacteriological tests.
(d) An approved and appropriate backflow prevention device must be installed at the
cost of the Consumer, and shall be inspected and periodically tested by the City and the
cost charged to the Consumer.
(e) No water shall be allowed to run or be wasted.
(f) A deposit, in an amount as established by resolution of the City Commission shall
be required at the time of application.
(g) Setting of meters and turn-ons/turn-offs shall be made by the City personnel, or
their designees, only.
Failure to comply with the above criteria shall be grounds for refusal to grant a temporary
meter or termination of service for a temporary meter. Temporary meters shall be
installed for no more than six (6) months. If temporary meter is required for more than
six (6) months Finance Department must be contacted to request an extension. No
impact fees shall be due for temporary meters. All billing shall be accomplished in
conformance with this Article, as amended from time to time.
Sec. 27-17. Duty of Consumer as to leaks or waste; no refunds.
13 ORDINANCE#2011-035
(a) It shall be the duty of every Consumer to at all times exercise due diligence to prevent the
waste of water, and to this end the Consumer shall immediately stop all leaks on the
premises, and shall notify the City promptly of any leak discovered other than upon the
premises.
(b) Any willful waste or neglect to promptly stop water leaks by any Consumer shall be
sufficient cause to authorize the City to discontinue its service and shut off the water
supply from and to the premises in question, without notice.
(c) Whenever the water supply to any premises has been shut off because of leaks or waste,
the water supply shall not be turned on again until all causes for shut-off have been
remedied or removed and satisfactory assurance is given to the City that the condition
causing the shut-off will not occur again and a sum established by resolution of the City
Commission has been paid to the City to cover the cost of turning on the water supply.
(d) All requests for abatement, deduction, or refund on actual or alleged excessive metered
water service bills, accounts or charges, for or on account of water used, lost or wasted
through leaks, carelessness, neglect or otherwise, in an amount less than $1,500.00 shall
be made to the City Manager or designee, who shall make a final determination as to
whether any abatement, deduction or refund is appropriate. All requests for abatement,
deduction or refund in an amount of $1,500.00.00 or more shall be made to the City
Commission, which shall consider recommendations of the City Administration and
make a final determination as to whether any abatement, deduction or refund is
appropriate.
Sec. 27-18. Abatement or deduction in meter readings.
No abatement or deduction on metered service charges shall be made or allowed, unless under
extenuating circumstances as approved by the City Manager or designee, or except for errors in
meter readings on which such charges are based, due to inaccuracies in the registration of any
meter, or in the event of error on the part of the City in the making of a charge or in the amount
of it. Any and all applications or requests for refunds or adjustments of water charges must be
made no later than sixty (60) days from and after September 30th of each fiscal year, with such
refund or adjustment limited to charges made and paid during that fiscal year.
Sec. 27-19. Abatement or deduction in accounts for other than water service.
No abatement or deduction on any bill, account or charge rendered or made by the City will be
allowed, unless any and all applications or requests are filed no later than sixty (60) days from
and after September 30th of each fiscal year, with such refund or adjustment limited to charges
made and paid during that fiscal year.
Sec. 27-20. Turning on and shutting off of service connections.
(a) Use of curb cock by Consumer. The curb cock on any and all service connections shall
not be in any way used by the Consumer for turning on or shutting off the water supply.
14 ORDINANCE#2011-035
All such turning on or shutting off of the water supply by the Consumer shall be made
with a separate stopcock, located or to be located on the house or premises side of the
service meter. All turning on or shutting off of the water supply at and with the curb cock
shall be done exclusively by the Department, except that in cases of extreme emergency
the Consumer may temporarily shut off the water supply and contact the City
immediately to notify them about the shut off; any damage to the City water system
caused by such shut-off shall be determined and charged as a service cost to the
Consumer.
(b) Charge for shutting off and turning on. There shall be no separate charge made for
shutting off the water supply to any premises, but in every instance when the processing
of such shutoff was originally scheduled for nonpayment of any delinquent account or
any other violation of any rule of the City, a processing fee as established by resolution of
the City Commission will be imposed. If the reconnection occurs during non-business
hours, then the reconnection is considered an emergency service, and a fee for such
emergency service shall be imposed as set forth by resolution of the City Commission.
(c) Requests for shut-off. All requests by the Consumer for shutting off or turning on of the
water supply shall be made to the Finance Department in writing on forms prepared for
that purpose.
(d) Accidents, breakdown, etc. In case of accidents, breakdown, shortage of water supply or
any causes beyond its control, because of any act or omission on the part of the City or its
agents, or in case of making repairs, renewals, or replacements, the City reserves the right
to shut off the water supply from any one or any number of premises without notice, and
shall in no manner be held responsible for any consequences of such shut-off.
(e) Notice of shutoff. The Department will give notice in the manner deemed in its discretion
to be most effective of any shut-off of the water supply wherever and whenever the
giving of such notice is practicable, but nothing in this Article shall be construed to
require the giving of such notice under any circumstances.
(f) Shut-off not cause for rebate or refund. The shutting off by the City of the water supply
and the discontinuance of service to any premise or premises for any cause shall not
entitle the Consumer to any rebate or deduction in the water service charges, nor to any
refund of any such charges paid in advance during or for the time of such shut-off unless
such period of shut-off continues and extends for more than one month from time of shut-
off.
(g) Leaks and waste. Whenever the water supply to any premises has been shut off because
of leaks or waste, the procedures set forth in Section 27-17 shall be followed.
Sec. 27-21. Connections to service mains.
(a) Service pipe to property line. The Public Services Department shall be responsible for
installing the service pipe to the property line of the Owner of platted lots who or which
15 ORDINANCE#2011-035
has paid the appropriate fee for water service. The Department shall not run service
connections into lots or parts of lots that have been divided or if no provision for
easements or alleys have been made for water supply lines.
(b) Installation of larger service pipes. In case the service supplying a house or building is
found not to be large enough due to additions to the building or an increase or change in
the number of fixtures,the Public Services Department will be responsible for making the
larger tap and install the larger service upon the payment of the tapping charge and
appropriate deposit for the size of the new service. No credit will be given for the service
already in place that is found to be insufficient in size.
(c) Valve. The Owner shall be required to place a valve on the service between the building
and the meter box so the supply may be turned off by the Owner in case of a break or
repairs being made in the building.
(d) Size of service connection prescribed. The meter sizing and type shall be based on Chart
I, as shown below, included in this Chapter.
This Chart I is derived from the National Association of Plumbing, Heating and
Cooling Contractors Water Supply Calculator, as derived from the National Bureau of
Standards BMS 66 and 79, as amended.
Meter sizes shall be based on the actual number of fixture units as derived on
calculation, on an 8 gallon per second flow rate.
No meter shall be permitted to have in excess of the number of fixture units
shown on Chart I below, nor be allowed to exceed the peak flow volume as established
by American Water Works Association Manual M-22, most recent edition.
CHART
METER SIZE CHART
WATER METER METER MAXIMUM PEAK MAXIMUM
SIZE TYPE FIXTURE UNITS VOLUME-AWWA
5/8-3/4 Displacement 25 20 GPM
1 Displacement 45 50
1.5 Displacement 100 100
2 Compound 225 160
3 Compound 500 320
4 Compound 750 500
6 Compound 1000
8 Com ound 1600
10 Turbine 2900
12 Turbine 4300
16 ORDINANCE#2011-035
Any meter found to be undersized based upon this Chart I shall, as directed by the City,
be upsized to the appropriate meter size. All costs, charges and additional fees related to
replacement of the meter shall be paid by the Owner in conformance with this ordinance
and applicable resolutions.
The Public Services Department in every instance reserves the right, at its option, to
designate and prescribe the size of a service connection, either upon original installation
of a new connection or upon any renewal or replacement of any old connection and in
any case, where a size of service other than that applied for by the Owner, or previously
existing, is so designated and prescribed by the Public Services Department, and the
Owner is bound by that determination.
(e) Other requirements relating to service. The Public Services Department reserves the
right, at its option, to require any Owner to install on Owner's service connection a tank,
check valve or valves, approved backflow prevention devices, cock or gate valve,
pressure regulator or other appliances, apparatus or equipment of such type and design as
is approved by the Public Services Department and thereafter to require any change,
alteration, substitution or addition of and to any such tank, etc., and failure upon the part
of the Owner to comply with such requirements of the Public Services Department within
thirty (30) days of written notice may authorize the Finance Department at its option in
writing and without further notice,to cancel and discontinue the service.
Sec. 27-22. Charges for service connections and tapping.
(a) Upon application of a Consumer for water service to a premises by tapping an existing
adjacent main or sub-main, charges as established by resolution of the City Commission
shall be made to cover costs of tapping and installation of required service to the property
line of the lot to be supplied from such main or sub-main, and furnishing of meter of
required size to be located according to Section 27-10 of this article.
Charges for sizes larger than two (2) inches will be based upon the cost to the City of the
meter plus installation costs plus an additional twenty (20) percent, or as established by
resolution of the City Commission, whichever is greater.
(b) Where no immediate adjacent main exists, the cost of an extension of a main so that the
applicant may have service installed will be in addition to tap and service charges. The
applicant will be expected to pay all charges, fees and expenses incident to service to
his/her use as deemed necessary or proper by the City, including costs of engineering,
permitting and construction as incurred by the City.
Sec. 27-23. Sale of water outside City authorized corporate limits.
(a) The City is authorized to sell water outside its corporate limits.
(b) Schedule of charges for sales and services for customers outside City limits will be
twenty-five (25)percent greater than in-City charges.
17 ORDINANCE#2011-035
Sec. 27-24. Deposits to secure payment.
(a) With respect to premises within the City where there is a water meter, or where a water
meter will be installed at the time of application for water service, each applicant for
water service shall a a deposit according to the schedule as establ
ished b resolution of
PY p g Y
the City Commission at the time that application is made for the furnishing of water
service to the premises and such deposit shall serve to guarantee the payment of all water
and sanitary sewer service furnished to the premises by the City, under the terms of this
Article. Failure to apply for water service or to pay the required deposit, or both, may
result in the discontinuation of water service.
(b) A schedule of deposits to secure payment shall be established by resolution of the City
Commission.
(1) The City may, in its judgment, in cases of repeated delinquency in payment of
rendered bills by a Consumer, require an additional deposit to be posted by the
Consumer, such deposit to be a sum equivalent to the total of the past three (3)
highest billings rendered in the preceding year or fraction of the year. The City
may, in those cases where in the judgment of the City an applicant or prospective
user will depart from normal usage, require the deposit to be in the amount of
three (3) times the monthly estimated consumption of the prospective user, and
such estimate shall be made by the City.
(2) Contractors and other persons will be supplied with water for temporary use, and
will be required to pay the regular guarantee of payment deposit, pay regular
charges according to meter size, pay for removal of meter and service if required,
and pay for water metered at the prescribed rate. Contractors will pay for water
metered at the designated construction site for each meter installed at the
construction site. Water for temporary use will not be permitted to be taken from
fire hydrants except by the Department, and then only through a fire hydrant
meter approved by the Department. A charge as established by resolution of the
City Commission must be paid by the applicant for the installation and removal of
hydrant meters, and in addition, the applicant shall pay the meter deposit as set
forth in this Section.
(3) After a Consumer has established a satisfactory payment record and has had
continuous service for a period of at least twenty-three (23) consecutive months
by the Consumer's last billing cycle in September of each year, the payment of
the deposit as required under this Section shall be refunded, provided that the
Consumer has not, in the preceding twelve (12) months:
(i) made more than one (1) late payment of the utility bill (after the bill has
become past due); or
(ii) paid with a check refused by a bank; or
(iii) had service disconnected; or
18 ORDINANCE#2011-035
(iv) tampered with the meter; or
(v) used service in a fraudulent or unauthorized manner.
(c) Upon meeting all of the criteria established under subsection (b)3 above, the Consumer
shall be reimbursed the full deposit amount plus interest earned as a direct credit to the
applicable account. Deposits will accrue interest at the average annual rate earned by the
City on its pooled investments. The interest will be applied to the Consumer utility
account for which the deposit is held, at the close of the fiscal year for each account
which has been open for a year.
(d) When a request for an account to be closed is made, a final reading of the meter will be
taken to determine the final amount due on the account for water used. This amount will
be deducted from the deposit posted and a refund check, in the event the bill is less than
the deposit, will be mailed to the Consumer. No refunds for less than five dollars ($5.00)
will be issued, nor will any balance less than five dollars ($5.00) be collected by the City.
In the event the final amount due exceeds the amount of deposit, a final bill will be
mailed to the Consumer for payment.
(e) Owners of more than one (1) unit supplied by one (1) meter will be required to post the
deposit. Tenant deposits will not be accepted by the City for such service.
Sec. 27-25. Rates, charges for consumption of water and payment due date.
(a) Rates and charges for consumption of water will be set from time to time by resolution of
the City Commission.
(b) All water bills are due when rendered and are delinquent twenty (20) days after the initial
rendition of the bill.
(c) Utility tax charged. A utility tax of ten(10)percent will be added to each water charge.
Sec. 27-26. Lien for nonpayment.
(a) When Service is furnished to the premises, and the account is maintained in the name of
the Owner of the premises, the charge for Service shall be and constitute a lien against
the premises and shall become effective and binding as such lien from the date upon
which the account becomes due,unpaid and in arrears.
(b) The lien as set out in this Section shall be on a parity with liens acquired by virtue of the
City Charter and Florida State Statutes.
(c) The remedy provided in this Section shall be cumulative and shall not be construed to
waive the right of the City to require payment of any bill in arrears before renewing water
service to the premises.
Sec. 27-27. Pressure, supply not guaranteed.
19 ORDINANCE#2011-035
The Department will exercise due diligence in providing adequate water supply, but will not
make any guarantee as to certain pressure and flow rates in mains or sub-mains, and shall not be
under any circumstances held liable for loss or damage to the Consumer for deficiency or failure
in supply of water, no matter how occasioned.
Sec. 27-28. Private fire service protection.
(a) A monthly charge for private fire service protection will be imposed in accord
with a resolution established by the City Commission.
(b) It shall be the responsibility of the property owner to sign an agreement provided
by the City for private fire service. Such agreement shall provide for the following:
(1) Useforfire purposes only. A private fire services connection is to be used
for fire purposes only and is to have no connection whatsoever with any taps that
may be used for other than fire purposes, and because of the danger of pollution,
shall have no connection with any other source of supply except when a tank or
fire pump is installed as secondary supply. There shall be a double check valve
installed in each City connection to prevent the water from these secondary
supplies running back into the City mains.
(2) Tests. The Consumer shall not draw any water through this connection for
any purpose except the extinguishment of fires, or periodic tests of the fire
system, which tests shall be made in the presence of a representative of the
Department.
(3) Equipment inspection. Any authorized representative of the Department
shall have free access to the building at any reasonable time for the purpose of
inspecting any of the equipment.
(4) Violations. Any Consumer who violates any of the regulations in
paragraphs 2(a) and (b) above shall be charged double the normal charge for
water as shown by the readings of the bypass meter. The Department shall
disconnect the pipe or pipes, or stop the flow of water through the pipes and
charge the Consumer for any and all costs accrued.
(5) Repairs. The Department reserves the right to shut off the supply at any
time in case of accident, or to make alterations, extensions, connections or repairs
and when possible, the Department agrees to give due and ample notice of such
shut-off.
(6) Pressure not guaranteed. The Department shall not make any guarantee
as to a certain pressure in the pipe or in the main supplying the same, and shall not
be, under any circumstances, held liable for loss or damage to the Consumer for a
deficiency or failure in the supply of water, whether occasioned by shutting off
20 ORDINANCE#2011-035
water in case of accident, alterations, or extensions, connections or repairs, or for
any other cause.
Sec. 27-29. Fire Hydrants.
(a) Permission to use water for purposes other than firefighting. Permits for the sale or use
of water from fire hydrants or plugs for fire protection shall not be granted by the
Department except in cases where such use is deemed by the Department to be urgent
and other means of obtaining water are not available, but all permits so granted shall be
revocable at the pleasure or discretion of the Department in every instance and without
regard or reference to any terms or provisions in such permits to the contrary
notwithstanding.
(b) City use. City will have use of water for appropriate utility purposes such as hydrant
flushing and cleaning of sewer mains.
Sec. 27-30. General; Penalties.
(a) Consumer of premises responsible for all acts. Each and every Consumer will be held
fully responsible and liable by and to the City for all that is done or omitted on, in or
about any premises by any agent or tenant or other persons not in the employ of the
Department, who may gain access to the premises and violates any of the provisions of
this article. The tenant in or upon any premises of any Owner shall at all times and for all
purposes connected with or arising from the water supply service to and for such
premises except the making of the original application for water supply service pipe and
contract, be taken and construed to be the properly constituted agent of the Owner.
(b) Service of notice under this Chapter. Any notices, as prescribed in this Article, shall be
deemed to have been properly served if left upon the premises of the Consumer or if
mailed to Consumer, directed to, or left at his/her address as shown on records of the
City. All notices of a general character, affecting or likely to affect more than one (1)
Owner, if required by these provisions to be given, shall be deemed to have been
properly given or served if advertised at least once in one of the newspapers in common
circulation in the City.
(c) Furnishing services to destitute persons; oath. Any Consumer in impoverished or
destitute circumstances shall file with the City an oath in substantially the following
form:
STATE OF FLORIDA )
COUNTY OF BROWARD )
The undersigned on oath deposes and says that affiant is a Consumer of
water services, sewer services or both ("Services") of the City of Dania Beach, Florida; that
affiant is in destitute circumstances and has no money with which to pay the City of Dania Beach
21 ORDINANCE#2011-035
for water consumed or to be consumed or for sewer service, or both; and that affiant makes this
affidavit for the purpose of requesting the City of Dania Beach to extend credit for utility bills.
AFFIANT
Signature
PRINT Name:
Subscribed and sworn to before me on , 20
Notary Public
My Commission Expires:
The City Manager or designee shall make investigation into the facts set forth in such affidavit,
and if the City Manager or designee shall ascertain such facts to be true and that the applicant is
in impoverished and destitute circumstances, the City Manager or designee shall, in his/her
discretion, be empowered to grant the applicant credit for bills for Services for such period of
time that the conditions set forth in such affidavit shall exist or the facts shall warrant, not to
exceed three billing periods or up to $2,500.00, whichever is lower, within a twelve (12) month
period.
(d) Penalty. Any person found guilty of violation(s) of any of the provisions of this Article or
who shall fail to observe any of the above provisions, or who shall take and use water of
the City without paying in accordance with the provisions of this Article, or who shall
connect one's premises with any water main or water pipes of the City without the
permission of the Department, shall be punished as provided by Section 1-8 of the City
Code of Ordinances.
Sec. 27-31. Utility user to accept provisions of this Article.
No Service shall be furnished to any person by a public or private utility unless the person agrees
to accept all the provisions contained in this article. The acceptance of such Service shall be in
itself the acceptance of compliance with the provisions in this article.
Sec. 27-32. Declaration of policy.
The City owns, operates and maintains water treatment and distribution and sewage collection
and transmission systems which serve residents within and outside of the City. New development
may require the extension of mains to provide service. In some instances,the City in anticipation
of expansion of its systems due to growth and development has already provided mains for
22 ORDINANCE#2011-035
service. The cost of providing extensions, modifications, and expansions of facilities is to be
borne by property Owners.
Sec. 27-33. Water and sewer service agreement required.
Prior to water and sewer plan approval by the City engineer and Utilities Director or designee
and execution of water and sewer main extension applications to county agencies by the City, the
builder or Developer shall be required to execute a "water and sewer service agreement". This
agreement shall run with the land and be binding on the Developer, its successors, assigns and
any other subsequent Owner of the land, setting forth such reasonable provisions governing
Developer and City responsibilities pertaining to the installation of service facilities; the
interconnection of plumber's lines with the facilities of the City; the manner and method of
payment of contributions, fees and charges; capacity reservation fee provisions; standards of
construction or specifications; regulations, policies, practices and procedures of the City;
prohibitions against improper use of City facilities; and other matters normally associated with
and contained in water and sewer service agreements. Water and sewer service agreements shall
only apply to specific parcels of property and are not assignable or transferable in any manner to
any other parcel of property. The form to be used for all water and sewer agreements shall be
approved by resolution of the City Commission.
Sec. 27-34. Water and sewer extension policy.
The City has adopted a water and sewer extension policy by resolution 2007-027. This policy
shall be known and may be cited as the "City of Dania Beach Water and Sewer Extension
Policy". The purpose of this policy is to establish and present the minimum utility requirements
and standards for development of water transmission and distribution and wastewater collection
and transmission facilities within the area served by the City and to establish a set of procedures
and policies regarding the extension of water distribution and sewer collection lines into
previously unserved areas of the City's service area, and into areas currently served but that are
not served adequately for existing or proposed development.
Sec. 27-35. Inspection.
(a) During construction and at the time when periodic inspections and testing are required,
the City engineer, or authorized representative, together with the Developer's engineer,
will be present to observe and jointly witness tests for determination of conformance to
approved plans and specifications. At the completion of any on-site sanitary sewerage
system, and prior to any connection to the City's off-site system, the Developer shall
provide a television inspection of the entire on-site gravity system, under the direction of
the City's engineer and City's Utility Director, to ensure compliance with specifications.
The television inspection can be waived if recommended by the City engineer, or
authorized representative. The City engineer's recommendation shall be used strictly on
satisfactory visual inspection, positive test results, or both. The Developer shall also re-
televise such system one (1) year after the last certificate of occupancy is issued for the
development. However, if there is no evidence of infiltration and the system is cleared by
Tamping, television inspection will not be required. All defects encountered during the
inspections, regardless of cause shall be repaired by Developer at no cost to City. Final
23 ORDINANCE#2011-035
release of Developer's responsibilities will not be made until the utilities re-inspection is
accomplished.
(b) To ensure that adequate funds will be available for the required tests and possible repairs,
the Developer shall post a bond or submit a letter of credit from a local bank in the
amount of ten (10) percent of the certified construction cost of such on-site sewer system
for a period of one (1) year following the date of issuance of the last certificate of
occupancy.
(c) In the event any public roads are excavated by the Developer in connecting the on-site
system with the off-site system, the Developer must accept responsibility, and hold
harmless the City for a period of three (3) years regarding all repairs and maintenance of
the pavement restoration, in accordance with the standards set forth by the various
jurisdictional, municipal and public agencies.
(d) The work to be performed by the Developer pursuant to the provisions set forth in this
Article, shall be in accordance with all requirements of the regulatory agencies having
jurisdiction of the subject matter of this agreement. Additional requirements shall be
specified within the City of Dania Beach Water and Sewer Extension Policy.
Sec. 27-36. Transfer of contributed property; bills of sale.
(a) Each Developer who or which has constructed portions of the water distribution and
sewerage collection system on the Developer's own property prior to interconnection with
City's existing facilities, shall convey such component parts of water distribution and
sewerage collection system to the City by a bill of sale in a form satisfactory to the City
attorney, together with such evidence as may be required by the City so that the water
distribution and sewerage collection system proposed to be transferred to the City is free
of all liens and encumbrances.
(b) The City shall not be required to accept title to any component part of the water
distribution or sewerage collection system as constructed by the Developer until the City
engineer and Utilities Director or designee have approved the construction of such lines,
accepted the tests to determine that such construction is in accordance with the criteria
established by the City and the City Commission has evidenced its acceptance in writing
of such lines for the City's ownership, operation and maintenance.
(c) The Developer shall maintain accurate cost records establishing the construction costs of
all utility facilities constructed by Developer and proposed to be transferred to City. Such
cost information shall be furnished to City concurrently with the bill of sale and such cost
information shall be a prerequisite for the acceptance by the City of the portion of the
water distribution and sewerage collection system constructed by the Developer.
(d) The City may refuse connection and deny the commencement of service to any
Consumer seeking to be connected to portions of the water distribution and sewerage
24 ORDINANCE#2011-035
collection system installed by the Developer until such time as the provisions of this
paragraph have been fully met by the Developer or Developer's successor or assigns.
Sec. 27-37. Utility engineering plan review and inspection fees.
The cost of engineering plan review and inspection of the required improvements shall be paid
by the Developer in accordance with resolutions as may be adopted from time to time by the City
Commission. Plan review fees shall be paid prior to execution of state or local applications for
approval of the project. Inspection fees shall be paid prior to the issuance, by the City engineer,
of the utilities construction permit.
ARTICLE II. WATER SHORTAGE REGULATIONS
Sec. 27-38. Definitions.
For the purpose of this article, the following terms, phrases, words, and their derivations, shall
have the meanings given below. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the
singular include the plural. The word "shall" is always mandatory and not merely directory.
City means the City of Dania Beach, Florida.
District means the South Florida Water Management District.
Person means any person, firm, partnership, association, corporation, company, entity or
organization of any kind.
Water resource means any and all water on or beneath the surface of the ground, including
natural or artificial water courses, lakes, ponds or diffused surface water, and water percolating,
standing, or flowing beneath the surface of the ground.
Water shortage means a period of time specified by the District when sufficient water is not
available to meet present or anticipated needs of persons using the water resource, or when
conditions are such as to require temporary reduction in total water usage within a particular area
to protect the water resource from serious harm. A water shortage usually occurs due to drought.
Water shortage emergency means that situation determined by the District when the powers
which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code or
applicable regulation, are not sufficient to protect the public health, safety, or welfare, or the
health of animals, fish or aquatic life, or public water supply, or commercial, industrial,
agricultural, recreational or other reasonable uses.
Water shortage plan means the District's plan describing the procedures the District will utilize
in declaring a water shortage, describing the procedures for declaring and implementing a water
shortage emergency and establishing water use restrictions, describing enforcement procedures,
25 ORDINANCE#2011-035
and establishing specific water use restrictions and a classification system, as more particularly
described in Chapter 40E-21, Florida Administrative Code, as amended from time to time.
Sec. 27-39. Applicability; intent and purpose.
The provisions of this article shall apply to all persons using the water resource within the
geographical areas subject to the "water shortage" or "water shortage emergency," as determined
by the District, whether from public or privately owned water utility systems, private wells or
private connections with surface water bodies. This article shall not apply to persons using
treated wastewater treatment plant effluent. It is the intent and purpose of this article to protect
the water resources of the City from the harmful effects of over utilization during periods of
water shortage and allocate available water supplies by assisting the District in the
implementation of its water shortage plan.
Sec. 27-40. Declaration of water shortage; water shortage emergency.
The declaration of a water shortage or water shortage emergency within all or any part of the
City by the governing board or the executive director of the District shall operate to invoke the
provisions of this article. Upon such declaration, all water use restrictions or other measures
adopted by the District applicable to the City, or any portion of it, shall be subject to enforcement
action pursuant to this article. Any violation of the provisions of Chapter 40E-21, Florida
Administrative Code, or any order issued pursuant to it, or other applicable regulations, shall be a
violation of this article.
Sec. 27-41. Amendments to water shortage plan.
Chapter 40E-21, Florida Administrative Code, as it may be amended from time to time, is
incorporated into this article by reference as a part of the City Code of Ordinances.
Sec. 27-42. Enforcement; Penalties
Every police officer having jurisdiction in the area governed by this Article shall, in connection
with all other duties imposed by law, diligently enforce the provisions of this Article. In addition,
the City Manager or designee may also delegate enforcement responsibility for this Article to
other agencies and departments of the City. Any violation of the provisions of this Article is
punishable as prescribed by a resolution adopted by the City Commission.
Sec. 27-43. Permanent restrictions for lawn and landscaping irrigation.
(a) Restrictions. Irrigation of new and existing lawns and landscaping (jointly referred to as
"landscaping" in this Section) is restricted to the hours of 9:00 p.m. to 9:00 a.m., seven
(7) days per week.
(b) Exclusions.
26 ORDINANCE#2011-035
(1) Irrigation of new and established landscaping with reclaimed wastewater shall not
be restricted. Low-volume irrigation of new and established landscaping shall not
be restricted. Hand watering using a self-canceling nozzle shall not be restricted.
(2) Irrigation of established landscaping for purposes of watering-in insecticides,
fungicides and herbicides, where watering-in is required by the manufacturer or
by federal, state or local laws, shall not be restricted.
(3) The operation of irrigation systems for cleaning and maintenance purposes shall
be limited to the minimum necessary to maintain efficient operation of the system
and each irrigation system zone may be tested not more than once each week;
however, if such cleaning and maintenance is required more than once per week,
then the property owner is required to show proof or provide evidence of that
need to the Department.
(4) Disposal wells for water-to-air heat pumps are encouraged; however, existing
installations which discharge water to irrigation systems are exempt from the
restrictions of this Section.
(c) Exceptions.
(1) Any users requesting relief from the provisions of this Section shall file an
application for exception on a form prescribed by the Department but must
conform to landscaping irrigation restrictions until the Utilities Director or
designee grants a temporary exception or until the City Manager or designee
grants the exception.
(2) Criteria for issuance. No application for an exception shall be granted unless the
applicant demonstrates that a strict adherence to the Code requirements will result
in an undue hardship and that the exception will not otherwise be harmful to the
water resources of the City and, in addition, affirmatively demonstrates that one
or more of the following circumstances exists:
a. the exception is essential to protect health or safety; or
b. compliance with the particular rule or order from which the
exception is sought will require measures which cannot be
accomplished.
(3) Limiting conditions. Exceptions granted shall be subject to the following
conditions, unless waived or modified by the City Manager or designee:
a. The exception granted shall be the minimum necessary to alleviate
the circumstances for which the exception was granted under
subsection(c) above.
27 ORDINANCE#2011-035
b. All exceptions shall expire upon the issuance of a water shortage
emergency or declaration by the District or any other entity or
agency with jurisdiction to regulate and shall resume in full force
after the rescinding of the emergency or declaration by the District
or by such regulatory entity or agency.
C. Exceptions granted under subsection (c) above may prescribe a
timetable for compliance with the restrictions from which the
exception was sought.
d. The City Manager or designee may revoke or modify an exception
when it is determined that the continued utilization of the
exception is inconsistent with the objectives of the City s water
conservation program.
e. All exceptions are personal to the applicant and expire upon
transfer of ownership of the property.
(4) Applications for exception. The application shall contain the following:
a. the applicant's name, address, telephone number and location of
the property for which relief is requested;
b. the specific rule, order, or restriction from which the applicant is
requesting relief,
C. a detailed statement of the facts which the applicant believes
demonstrates that the request qualifies for an exception;
d. a description of the relief desired;
e. the period of time for which the exception is sought including the
reasons and facts in support of the application;
f. the damage or harm resulting or which may result to the applicant
from strict compliance with the irrigation restrictions;
g. if the exception is sought under subsection (c) above, information
identifying the restrictions which currently can be met, a
description of the measures which would be necessary to meet all
restrictions and the date when these measures could be completed;
h. for applications for an exception from restrictions on irrigation, a
general description of the irrigation system, including pump or
water system output and irrigated area; and
28 ORDINANCE#2011-035
i. any other information the applicant believes is material.
(d) Procedures.
(1) The Public Services Director or designee shall review the application. The
Director shall set forth in writing the grounds or basis for approval or denial of the
exception. Upon the Public Service's Director's written recommendation for
P p
approval, a co of the recommendation shall be forwarded to the applicant with a
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temporary exception granted for fourteen (14) days. Upon the Public Services
Director's recommendation of denial, the Director shall inform the applicant that
the application is denied and shall set forth the applicant's right to a hearing on
such denial. The applicant may request a hearing on such denial in accordance
with subsection(d)(3)below.
(2) The Public Services Director shall present the application to the City Manager or
designee to grant, deny or modify the exception. City Manager action denying
applications for exceptions shall be by written order and copies shall be furnished
to the applicant. An applicant whose exception has been granted by the City
Manager shall be furnished an appropriate notice of a landscaping irrigation
restriction exception which shall include the terms of exception and shall be
prominently displayed at the applicant's place of use.
(3) Any person desiring to dispute a denial by the City Manager or designee shall
request in writing to the Public Services Director within twenty (20) days of
receiving the City Manager's denial that a hearing be held on the disputed matter.
Upon such written request, the Public Services Director shall convene a hearing
within fifteen (15) days of receiving such request for hearing before the hearing
panel. The City's hearing panel (the "panel") shall consist of the City engineer or
consultant engineer, the City Attorney and the Director of Community
Development, or their respective designees. The Director shall first present his or
her side of the dispute. The applicant will then follow with a presentation of his
or her case. The hearing panel shall hear and consider all testimony offered and
shall, at the conclusion of the testimony, issue its order. Hearings shall be open to
the public and hearings shall be conducted informally in accordance with ordinary
parliamentary procedures, and with all efforts to ensure that due process is
afforded. Any person desiring to appeal the decision of the hearing panel may
request an appeal before the City Commission in writing to the City Manager
within ten (10) days of the hearing panel's denial of the application for exception.
An appeal request to the City Commission shall be scheduled at the next available
City Commission meeting date.
(e) Conflicting restrictions. In the event the District imposes restrictions on landscape
irrigation for new or established landscaping which are more restrictive than those
imposed by this Section or the restrictions imposed pursuant to Section 27-40, the more
restrictive regulations shall prevail.
29 ORDINANCE#2011-035
ARTICLE III. SANITARY SEWER SYSTEM
See. 27-44. Scope.
(a) The following rules and regulations for the collection, treatment and discharge of sanitary
sewerage and other wastewater within the City service area, including fees and rates to be
charged all users by the City as from time to time established by the City Commission,
shall be observed by the City and by the users of the sewer system supplied by the City
wherever located.
(b) Connection in ninety days. Every Owner of a lot or parcel of property in the City which
is within one thousand feet (1,000 ft.) of an existing sewer line upon which lot or parcel
of property a building shall have been constructed for residential, commercial, or
industrial use, must cause such building to be connected with the sanitary sewer system
within ninety (90) days of the date that such service is available. Such Owner shall pay a
sewer connection charge in accordance with Section 27-47.
Sec. 27-45. Initial connection application; permits.
(a) The Owner or Owners or their agents who propose to make an initial connection to the
sewer system shall make application at the office of the Building Official of the City.
(b) The application shall request a permit to connect to the sanitary sewer system.
Sec. 27-46. Permit, inspection fee.
(a) Any property Owner making application to have property served by the sanitary sewer
system where the property is capable of being served by such system shall cause sewer or
plumbing lines to be connected from the house, building or other improvements on such
property to the sanitary sewer system by obtaining a permit from the City. The cost of the
permit shall be established by resolution adopted by the City Commission and shall
include one inspection. If the sewer connection is not approved at the first inspection, the
City will charge a fee as established by resolution of the City Commission, for each
additional inspection required.
(b) Any person obtaining a permit must install and maintain a lateral line across the property
from the house, building or other improvement being served to the nearest sanitary sewer
line adjacent to the property being served, conforming with the minimum requirements of
the Florida Building Code.
Sec. 27-47. Schedule for sewer connection charges.
A sewer connection charge will be made for each connection to the City sanitary sewer system,
and such charge is due and payable at the time of making application for permits based on the
fees established by resolution of the City Commission.
30 ORDINANCE#2011-035
Sec. 27-48. Rates and charges for sewer service.
(a) General. Rates and charges for sanitary sewerage disposal service will be set from time
to time by resolution of the City Commission.
(b) Due dates of sewer bills. All sewer bills are due when rendered and are delinquent twenty
(20) days after the initial rendition of the bill.
(c) Sprinkler meters; no charge. When a separate water meter is installed for the sole
purpose of irrigation of lawns or gardens, and no sewer connection exists, no sewer
charge shall be imposed for such use.
(d) Adjustments in special cases. The City Manager or designee shall have the right to make
adjustments in special cases where it has been determined that large quantities of water
supplied did not flow into the sewer system, such as the filling of a swimming pool or
other similar isolated occurrence, but no adjustment shall be made for ordinary
circumstances such as use of water for lawn sprinkling where no separate sprinkler meter
exists. In no event shall the basic minimum monthly charge be reduced or eliminated. All
adjustments exceeding $2,500.00 shall require written approval of the City Manager.
(e) Abatements or deductions in meter readings. No abatements or deductions on sewer
service shall be made or allowed except for errors in water meter readings on which such
charges are based, or inaccuracies in the registration of any water meter, or in the event of
an error on the part of the City in the making of a charge. Any and all applications or
requests for refunds or adjustments of sewer charges must be made not later than sixty
(60) days from and after September 30th of each fiscal year, with such refunds or
adjustments limited to charges made and paid during that fiscal year.
(f) Rates for sewer service outside City. Rates charged to users outside the corporate City
limits shall be one hundred twenty-five (125) percent of rates charged within the City for
like use.
Sec. 27-49. Responsibility of owner or tenant.
(a) Responsibility and liability of Owner. Each and every Owner will be held fully
responsible and liable by and to the City for all that is done or omitted on or about any
premises by any agent or tenant or other person not in the employ of the City, who acts
upon such premises to cause damage to the sanitary sewer system of the City.
(b) Tenant considered Owner. The tenant in or upon any premises of any Owner shall at all
times and for all purposes connected with or arising from the City's furnishing of sanitary
sewer services to and for such premises, except the making of the original application for
a permit to connect the premises to the sanitary sewer system of the City, be taken and
construed to be the properly constituted agent of the Owner.
31 ORDINANCE#2011-035
(c) Service of notice. Any notices, as prescribed in this Article, shall be deemed to have been
properly served if left upon the premises of the Owner, mailed directly to the Owner or
left at his/her address as shown on the records of the City. All notices of a general
character, affecting or likely to affect more than one Owner, if required by this Article or
any other ordinance to be given, shall be deemed to have been properly given or served if
advertised at least once in one of the newspapers in common circulation in the City.
(d) Initial rates and amendments to rates. Each and every addition or modification,
alteration or amendment to and of any of the rates of the City for sanitary services shall
become binding upon every Owner.
Sec. 27-50. Determination of sewer assessment charges by resolution of City Commission.
The City Commission may determine, by resolution, the amount to be paid as a charge by any
Owners who apply to the City for permission to connect properties to the sanitary sewer system
of the City when such properties have not been previously assessed for the purpose of paying for
any part of the cost of the sanitary sewer system. Such resolution may authorize the City to enter
into agreement with such Owners concerning the method of payment of the amounts so assessed.
Sec. 27-51. Inspection.
(a) All connections to the City sewer system shall not be tied into the City system until such
connections shall have been inspected and approved in writing by a qualified inspector
authorized and certified by the Board of Rules and Appeals of Broward County, Florida,
to perform such inspections.
(b) Such inspection shall be for material and workmanship with particular emphasis to be
given to the elimination of infiltration or exfiltration. Complete connection, in open ditch,
must be inspected and approved at one time, and no portion of the connection may be
covered or filled until such inspection is complete.
(c) Scope of connections shall be three (3) feet from the building outer wall to the sewer
main or sub-main.
(d) It shall be unlawful and an offense under the City code for any person, firm or entity to
cut into, damage, deface or destroy any sewer pipe connected to the City sewerage
system, or to connect into any sewer pipe without first complying with all rules for such
connection as set forth in this Article, or to conceal any such connection made without
obtaining City approval as outlined in this Article, and all such offenses shall be subject
to the penalties established in this Article.
(c) A presumption shall exist that any offense committed under subsection (d) above shall
have been committed by the Owner or agents of the property served by the affected sewer
pipe or service and the Owner or agent shall be liable for all costs of damage and
restoration caused by such offense.
32 ORDINANCE#2011-035
Sec. 27-52. Correction of unsatisfactory or deficient sanitary sewerage facilities.
(a) The City, upon evidence of any improper operation or condition of sanitary sewerage
facilities, shall immediately notify the Owner in writing of such conditions and the
necessary corrective action must be performed within fifteen (15) days of notice. Failure
to perform required corrections as instructed within the prescribed period shall be in
violation of this Article and subject to all applicable penalties.
(b) In case unsatisfactory conditions or deficiencies constitute, in the opinion of the City, an
immediate peril to health and safety of the residents of the City, the City may require
corrections within a shorter period than fifteen (15) days, which corrections shall be
performed within the required time, or in case of serious conditions, the City may order
discontinuance of sewer service immediately and seal or plug such service at the main.
Sec. 27-53. Plans, approval.
(a) A stamp of approval will be placed by the City on all satisfactory plans, and a permit
issued upon payment of all fees and charges.
(b) No work of any kind or nature shall be commenced prior to submission of plans and
specifications and issuance of permit.
Sec. 27-54. Permits.
No building or premises shall be connected with any sewer without a permit first being obtained.
Permits so obtained shall be kept on-hand during the progress of the work to which they relate
and shall be exhibited whenever required.
Sec. 27-55. Excluded wastes.
(a) High temperature wastes. The temperature of liquid wastes discharging into sanitary
sewers shall not exceed one hundred forty (140) degrees Fahrenheit.
(b) Acid and base wastes. Acidic and basic wastes from laboratories, hospitals, mortuaries,
industries and similar processing shall be neutralized to pH 7 before being discharged
into any sewer. In the case of specialized industrial wastes, an analysis of the quantity
and quality shall be made prior to the issuance of any permit for its discharge into any
City sewer, and such permit will be issued only if the inclusion of such specialized
industrial wastes will not interfere with the normal purification process at the sewer
treatment plant.
(c) Discharge into sewer prohibited. The following waste shall not be permitted to be
discharged into any City sanitary sewer, but may be otherwise so discharged if permitted
by federal, state or county applicable laws or regulations to drain into any underground
drain or storm sewer if available:
33 ORDINANCE#2011-035
(1) exhaust,blowoff or drain from any steam boiler.
(2) drains from any wash rack or wash pavement where automobiles, trucks, boats or
other articles are washed; provided, however, that such wastes are first drained
into an intercepting catch basin or grease trap.
(3) drains or overflows from any water supply tank.
(4) exhaust from any hydraulic lift or elevator or any hydraulic machinery of any
description.
(5) circulating water from any air conditioner, refrigeration unit, condenser coil or
similar mechanism.
(6) rain and storm water from roofs, patios, courtyards or other paved or unpaved
areas.
(7) overflows and drains from swimming pools and surrounding areas.
(8) drains from showers used specifically for beach and swimming pool rinse.
(d) Discharge into sanitary sewer and storm sewer prohibited. The following wastes shall
not be permitted to discharge into any City sanitary sewer or into any City storm
sewer:
(1) fuel oil, kerosene, gasoline, benzene or other similar explosive or flammable
liquids.
(2) lubricating oils, spent crank case oil or other oil and grease products from the
automotive industry.
(3) quenching oil, etching oil or other similar products used in heat treatment of
metals, tool making and metal finishing.
(4) mineral or vegetable distillates, synthetic compounds, coolants used in vehicles
and pigments from paint manufacture or uses.
(5) liquid or semi-solid asphalt, asphalt cutback and asphalt emulsions, or other
petroleum products used in road construction, roofing and water-proofing.
(6) insecticides, herbicides and other highly toxic wastes.
(7) any wastes prohibited by the regulations of federal, state, county or any other
applicable laws or regulations.
34 ORDINANCE#2011-035
ARTICLE IV. WATER AND SEWER SYSTEM IMPACT FEES.
See. 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 means any alternative fee calculated by an Applicant
and approved by the City Commission pursuant to this article.
(b) Alternative water system impact fee study means a study prepared by an Applicant or
Owner and submitted to the City pursuant to this article.
(c) Alternative sewer system impact fee means any alternative fee calculated by an Applicant
and approved by the City Commission pursuant to this article.
(d) Alternative sewer system impact fee study means a study prepared by an Applicant or
Owner and submitted to the City pursuant this article.
(e) Applicant means the person who applies for a building permit.
(f) Building means 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 means an official document or certificate issued by the City authorizing
the construction of any building or structure. 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 means the City's comprehensive plan.
(i) Development means 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 system 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:
35 ORDINANCE#2011-035
(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
(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.) means a room or group of rooms designed, used exclusively or
occupied as separate living quarters by a single family.
(k) Encumbered means 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 (1) ERU unit shall represent one thousand (1,000) gallons per month (GPM) of
water demand. When calculating the sewer system impact fee, one (1) ERU unit shall
represent one thousand (1,000) gallons per month(GPM)of wastewater demand.
(m) Impact fee means 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 means 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.
36 ORDINANCE#2011-035
(p) Owner means the person holding legal title to the real property for which impact fees are
paid.
(q) Person means an individual, a corporation, a partnership, an incorporated association,
trust or any other entity.
(r) Public Services Director means 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 means 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 twelve (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 means 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 and 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 twelve (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 means 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 twelve (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 fifteen (15) inches in diameter,
pressure sewer lines less than eight (8) inches in diameter, and water distribution
pipelines less than twelve (12) inches in diameter and related appurtenant facilities.
Sec. 27-202. Rules for construction.
37 ORDINANCE#2011-035
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 (2) or
more items, conditions, provisions, or events 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.
Sec. 27-203. Findings.
It is ascertained, determined and declared by the City Commission that:
(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.
38 ORDINANCE#2011-035
(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 Florida
Statutes, Chapter 163, and Article VI1I of the Constitution of the State of Florida.
(c) This Article requires that where interim water 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 shall 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.
(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.
39 ORDINANCE#2011-035
(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.
(j) 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.
Sec. 27-204. Re-adoption and ratification of master plans.
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.
• PRMG rate study dated August 19, 2004 and Wildan rate study dated December
21, 2010.
40 ORDINANCE#2011-035
Sec. 27-205. Imposition.
(c) 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
set by resolution of the City Commission.
(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.
Sec. 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 it shall contain the following:
i. a sworn statement representing that the information contained on the
application for refund is true and correct;
ii. the name and address of the Applicant;
iii. the location of the property, which was the subject of the building permit;
iv. the date the water system impact fees, the sewer system impact fees or
both were paid;
V. 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
vi. the date the building permit was issued and the date of expiration.
41 ORDINANCE#2011-035
(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.
Sec. 27-207. 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 to this Section. Every expenditure of
funds from these accounts shall be authorized by approval 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:
(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.
42 ORDINANCE#2011-035
Sec. 27-208. 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 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 for it 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
43 ORDINANCE#2011-035
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 such an impact study based upon an independent source conducted and
accepted by the City Commission more than two (2) 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 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.
(j) 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
44 ORDINANCE#2011-035
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
i under "protest" and shall not be construed as a waiver of an right of review. An
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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.
Sec. 27-209. Exemptions.
The following shall be exempted from payment of impact fees:
(a) 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.
(b) The construction of accessory buildings which will not create an additional demand on
either the regional water system, regional sewer system or both or any interim treatment
system.
(c) The replacement of an existing building which has previously paid impact fees to the City
where no additional demand is or will be created on either of the regional water system,
regional sewer system, or both, or any interim treatment system.
(d) 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.
(e) 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.
Sec. 27-210. 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 for development of 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
45 ORDINANCE#2011-035
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.
Sec. 27-211 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;
(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 date 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.
46 ORDINANCE#2011-035
(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 this 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 an system impact fees become delinquent, a notice of claim of lien
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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 this 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.
(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 (1) 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
47 ORDINANCE#2011-035
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.
Sec. 27-211.1 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 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 (20) percent 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 (75) percent
48 ORDINANCE#2011-035
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 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;
49 ORDINANCE#2011-035
(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;
(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;
(4) the proposed plan is consistent with the public interest; and
(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 nonrefundable 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 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
(5) 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 (7) years, exclusive of any moratoria, from the date of recording in
the official records of Broward County.
50 ORDINANCE#2011-035
(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.
(7) An acknowledgment that the contribution agreement shall not be construed or
characterized as a development agreement under F.S. §§ 163.3220 through
163.3243 (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 (5) 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 risk management guidelines which may be established by the
City's Risk Management Division from time to time, including but not limited to,
insurance and indemnification acceptable to the City.
51 ORDINANCE#2011-035
(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, 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 of 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 the 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 (7) 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.
(i) 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 the date
of donation, or the seventh anniversary, exclusive of any moratoria, from the date of
52 ORDINANCE#2011-035
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.
(j) 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.
Sec. 27-211.2 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
Applicant or Owner.
c Except as otherwise provided in the this Article such hearing shall be requested the
( ) p p � g q by
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;
(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,
53 ORDINANCE#2011-035
(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.
See. 27-211.3 Review requirements.
This Article and the master plans shall be reviewed by the City Commission every two (2) years
in connection with the City's compliance with its comprehensive plan as required by F.S. §
163.3177 and those plans identified in this Article. The biannual 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
54 ORDINANCE#2011-035
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. That all ordinances or arts of ordinances and all resolutions or arts of
P P
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 4. That 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 5. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on November 8, 2011.
PASSED AND ADOPTED on second reading on November 22, 2011.
ATTEST:
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LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO F RM AND CORRECTNESS: P�'S F1RSro��y
THOMA J. A SBRO
CITY ATTOR14EY
55 ORDINANCE#2011-035