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Ordinance 86-762this Ordinance its most —.—bl. application, consistent with state and 1-- law and other City t.g.1.1i.... Th. following 1 words and ph-- —11 have In. follow .... I— —..s the context t­i—t — —it - a. Commission ., 'City" means the City C—i-1. of —­d, Florida, a political subdivision of It. State. b. Collect von Eacvlvci es means the lines, pip—, and pp.,--, ­i,— used t. —11— —­ from the building sewer and --y it t. the --i-i— facilities. c. City —1. resolut eons and —di.-- means all ---. and ordinances, -- currently in effect or t. b, adopted in the —.— by the Commission or I- ,hi,h establish and fix —, f— and charges for the —­d Wastewater System. d. 'Effluent disposal Eac.i l.ities" means chose wastewater ...... ly - detain, --it, store, and di-— of ---t previously --d at treatment facilities. - -G— mean g.11— p., d.y on .. .—.1 average I,—. f. —­— W.—W.— System" — III facilities and it--- in —1 and pt,.ttl property ­d, operated, —­d or 1—t—Ild by the City now and in the future and used t. P—id. .—I or wastewater .—i— co existing and future —t-1s within the service area of the City. g. Se g or wastewater means a combination o£ the water -carried —t— from —id—, business buildings, industrial. —b--ts and other —t—l. of the —­d Wastewater Sy—, together with such ground, surface and -.1. —t.t. as ..y be present. h. — --- ­—Y" or wastewater --i" capacity" means the 1--t of sewage, ---d in GPO, which can be collected, transmitted, --d and disposed of. C-1 those li—t, pi,, force mains, P—P, .—t. and ­,-- ­i­- used co se . from the col l.e ct.von facilitto the headworks - ies .f the treatment facilities as defined and determined by the City. j. "Treatment facilrtr es —., I—. facilities I— I treat and filter ­g, p for to --It disposal. ----t facilities d. any portions If the collect ton facilities, transmrssron facilities, or effluent dj­­ k. Wastewater facilities" means all wastewater collection, ---­ treatment, and of di.psal facilities, including all i—­—, li—, pip., --, pumps, f.— I—, and appurtenant equipment necessary t. provide sewer ."i— capacity or wastewater service..P..ity. 2. D—I.P.— Ass vstance — for Sewer. Th. CI—i— does h.—Y adopt and establish, P—.— to ­.— —, . --­— A.—t.— — If fill —1— ($5. W per GPD of sewer aerviee —p—ty. B. Determination If S.— —i— C.P.—Y. a. F., ­p— If ---i­ and imposing the d—.1­.t assistance — provided for i. Section 2 —­ the ..., service capacity for any P—til-- connection —11 be ---d and i-d i. the I-- provided as follows. Establishment -it GPD Res iaential Single —ily H— I., Unit 300 Duplex �31 _ lIbldbllll�l_ .3 dI M—i:,F—.ilY (1 2 b-III—) .I,, i i ly M bile home o (3 Unit 250 Commercial Auditorium S— lo Barber/Beauty Shop Oprt St a. 90 wling y100 Retail Food —i— "It 31 Seat 20 Oth— jnMt-t%'—di, —d I—i—) Room 150 I ndusevial Building (not incl ua ing food service) 1 loyee 11 5 Process Water CaseobyeCase Sasis dry Self -Service "MIN, a411 u Slopping C 100 SF 10 e Station Bay 300 Add Per W Say 3000 Frontons, Hall Parks 303 k (ovevnigh[) I. ,a 10 rehous esr I. S IOC t Office r Dentist 250 00 Of £i ce 250 ospit al Beat g Per Be 125 (1125o lud'ng $e[ooaes cejr tnaenc 20 aoara sonooi Per student >5 b. For all est ablisivoents not Sisted above, the sewer service capacity shall be determined by multiplying the number If fixture units, as published in the Southern Plumbing Code, by 25 GPD per Fixture unit. c. The Development Assistance Fee shall be determined by using the —lowing formula: Total Sewer Ger— Capacity x $5.00=Development In no event sM1all the Total Sewer Service Capacity us edeto 1 calculate a Development Assistance Fee for any separate tablishment be less than 300 GPD. a. If an applicant for sewer capacity within y If the categories set forth in Subsection 3(a) above can demonstrate, I. the City Engineer, that actual sewage usage wi11 be less than eighty percent (80%) of the Sewer Service Capacity assigned to such establishment as set forth above, then the City Engineer may determine, basod on actual u ge, anticipated usage, peak Soad requirements, or any combination of the foregoing, using ac pted engineering standards, that a different or lesser Sever Service Capacity Value applies. If the City Engineer determines .� that the actual se g u g will be greater than the Sewer Service C.p..ily as. igh.d to an establishment, then the City g eer applies. 4. Connection Charge. a. Residential. Each residential ..it will be charged a sewer connection fee of five hundred fifty dollars ($550.00). b. Nonresidential. Each nonresidential ..it will be ch g a sewer connect.ron fee of seven bundled fifty dollars ($750.00). 5. Development Assistance Fee and Connection - --Applicability. The Development Assistance Fee as set forth in Section 2 hereof and the Connection Charge as se[ torch in Section 4 hereof shall be paid by those new customers who connect to the L gw od Wastewater System, except as follows: a. Those customers who connect to interim, temporary "package" facilities or septic tanks for wh r ch, as determined by the City, there is no exist , pl.. or --pl to disconnect the interim faci.l.ities and transmit. such £lows to treatment facilities owned, operated, or participated in by the City sha11 be exempt from the Development Assistance Fee and the Connection Charge. b. Those customers who connect to interim wastewater facilities or interim septic tanks for whicfi, as determined by the City, there is an existing plan or concept to disconnect such interim facilities and connect the customers thereof to aria wide treatment facilities owned, op ated, bt p iticipated in by the City, sha11 pay all appl.i.cable Development Assistance - and Connection Charges. If, after payment is received, the City should determine that the interim faci.tit.iee wall not be disconnected and the customers thereof will not be connected to area -wide treatment facilities, then upon making such determination, the payment sha11 be released and returned to the customer. c. The City may ezempt any customer from the payment of any portion of the Deve p nt Assistance Fee to the extent that. the City accepts a Contribution in Aid of Construction havi g a value of not less than the portion of the Development Assistance Fee being exempted. 1 6. Payment of Development Assistance Fees and Connection Charges. Beginning on the effective date of this Ordinance, all Deve p nt Assistance Fees and Connection Charges sha11 be paid prior to the issuance of a building permit for a —.It— or structures to be served by — Longwood Wastewater System, or such other time as may be specifically provided by City resolution, 1. Capital Improvements Funds; Establishment; Expenditure Guidelines; Application and Pledging. a. The Development Assistance Fees collected pursuant to 1 this Ordinance sha 11 be deposited into a fund called tM1e "Longwood Wastewater System Capital Improvement Fund". The fees deposited rn the above -mentioned fund shall be used only for the construction and acquisic ion of additions and extensions to the Longwood Wastewater System and all c p sots thereof, including collection facilities, transmission facil It ies, treatment facilities, effluent disposal facilities, land, easements, planning and engineering, in order to provide additional wastewater service capacity to those new customers who connect to the Longwood Wastewater System. b. The Commission may by ordinance provide for the application of some or ali of the Development Assistance Fees 1 and Connection Charges to the payment or security for the ply nt If debt service incurred in whole or rn part for the purposes set out zn Subsection ](a) hereof, provided that the amount of Development Assr sf ance Fees applied to th p ym nt of such debt service sha11 not exceed the amount of monies actually expended for such purpose with inc Brest at the race charged. Such application or pledge may be made directly in the proceedings authorizinq such debt or in an agreement with a lender to assure such sender of addili onai security thereof. 8. Responsibility for Collection and Transmission -- In dditi— to the Development A-i.11— I.— and Connection Charges, the ---t —11 hilh— --id, or pay all —pi— t.— (including I.bd --) of, the required ..pi— improvements for both the collection of — —9.within the boundaries of the P—P—ty owned by the --- to —h the City intends to provide --tll service capacity, and 11h transmission of —.d. from those b—d—hs t. the City'. transmission maor ins --ti— lib— pr.i.or t. connection t. treatment Th. City —11 .1— the --- to --t t. the ---­ — or collection lines at the ---t feasible point as d.t.l.ihld by the City. 1. —, Permits. The Commission hereby establishes Sewer P—it connection to the —9—d --- System. Sewer connect ions t. the L-9—d Wastewater Sy.— may b. C.d. only pursuant 11 a —11—t and valid Sewer Permit issued by the City, and payment of all ..., dh—­.t .—t— fees and connection charges applicable at the time of issuance of . building permit i. ---- with City '.- resolutions bd ordinances. The City may i—Ibdb such pi--h, —­ and conditions in any such Sewer Permit as it may dd—bi— reasonable and necessary from time t. time. 10. Sewer Permit F.— and Charges. Sewer Permits may b. issued only after acceptance by the City of a ­—b application and upon p­— of all —t f— and charges applicable at the ti.e of issuance of such permit, including Connection Ch—g— and DbI.I.P.—I Assistance F— i. accordance with City rate resolutions and —di--.. P­— of sewer — and bh—q- -11 b. —h or certified check dl—b on a --t I,— located in Seminole or Orange County, Florida. U­ i—.— of a Sewer Permit, all. fees and —19. Pdad b.1—ht b.I.— —11 b. ---I—blb and the -—it. for which all — and charges are paid as provided herein —11 Chn with the I,Cd for wbich 11. S-- Permit Application. All persons It entities —ki.g application for . 1-1 —it shall I—il said application i. writing. The Iily ..y ­i— all information in said application thIt it d— reasonable and --Y, and .,y reject applications it d--i—t are i­—.. Any application ft, I Sewer Permit shall —,in the 1­1 description If the 1—d I—Iti—i.g he service area for —h a --t ",.i, i. to b. issued. Th. 1­1 consideration or fins Deen -—Id. An applicafor service tion co a —91. family Sot may b, submitted ­ submission If an application for . building permit for said — 12. Allocation If Capacity. When 1— —i— capacity is determined t. be available said capacity .—I be 111—Id P.—It t. —t,tt applications in It— If I.1, If application — . S-1 Permit. pp cants —11 be offered said allocation If capacity. Applicants — — pi— If ­,.— of preliminary subdivision pl., final subdivision pl.., site plan or building permit application within 180 d.y. If the d.- If If— of allocation and —11 submit ­-1 or proof If payment of all development assistance fees and connection charges ithin tbitty d.y, If the d— of said app—,— or the d— If offer of allocation, whichever shall 1—t -- —It Permits —11 be issued upon receipt 11 said payment. Sewer Permit applications —1 ­i— should the pp cant —1 to meet the above —ili— and 1h. If— If capacity —11 be withdrawn. — 1—tf- of -- Service I assignment, It --y— of a —ittWI allocated . service - -P—ty t. any .1-1 P.-Y for use .. any .1h., P—p—ly of identified or —Iti— i. the Sewer Permit I-1 be —lid. The sewer l-- capacity —11 i—, to the benefit. If only the futurecurrent and -- of the P—P.Ity described i. said S-1 P—t and the Permit— ..y of transfer —.1 capacity t. any property not identified in the Sewer Permit. y --- .by assign or transfer -- —ice capacity .111--d by a S— C —it to d—h—tA If —d for which lb. -—it was issued I. d—, and pdpp cation therefor the City -11 reissue S-1 Permits for any P.,ti.b If sewer --. I.P—ty ---d or assigned in connection wvch su..h transfer If owners If land. 14. — of Ab.bt P—t. A. Each d— --it —11 be —id for b period If 1-1. (12) months from the —I If issuance and the validity thereof may be extended for -- (7) additional successive p—d- of t-11. (12) -- by ­ ... I If a reserve capacity f—" (.. established in Section 16 --) each 1-- (12) bb— extension p—id.d that the ft, must b. paid b.fd1A said Sewer expires. b. if I S—It P—it —Pit- the ribbt t. any — —ice capacity — the use If —th a building permit has not been issued (11 if issued, has expired) —11 terminate. The P11.itt.. may re pp — said --d .— —ild capacity and receive . credit for any ---bt A—i-.... -.. It C.—Itidb Charges previously p.id ­ issuance If a new —, —il. Th. permit— —1 have the I— —Ibi, as I new ­--, to be granted capacity in —d— If the reapplication —b. 1. A, S.— Permit may b. —1—d by the City for violation If b'd—ibb, If said S.— Permit It this ordinance, mast ake of fact, or mistake If 1— d. All Development A--- —A and -b—ti.. Charges.id P., ... It to Section 10 --f —11, upon is-- If I S.— for said sewer service capacity. The City may defer the purchase thereof until it has identified another qualified customer or 1 customers ready, wr 11 g nd able to pay the fees and charges for and to use the surplus capacity being released by the permittee. The City sha11 not consider the purchase of any such Longwood Wastewater System at t e point specified by the City. 16. Reserve Capacity Fee. a. The city commission her y adopt e, pnregant t0 general 1 law, a Reserve Capacity Fee of Ten Cents (50.107 per GP p r year. For purposes of calculating and .imposing the Aeserve Capacity Fee, the GPD value for any p ticular connection shall be q valent to the Sewer Service Capacity allocated p suant to a Sewer Permit, but shall in no case be lees than 300 GPD. b. The Reserve p ity Fee shall be paid annually by holders D£ a $ewer Permit and by Ill those who otherwise are entitled to Viesteweter Services Capacity, but who have not c0nnectea to the wastewater system. c. A11 those customers who hold City Sewer Permits 1 authorizing canoe ciao to the Longwood wastewater System sha11 pay Reserve Capacity Fee W twelve (12) months from the dace of issuance of said Sewer Permit, or (ii) within thirty (30) days of receipt of written notice from the City chat the City wastewater plant to which connection is authorized, rs in operation, whichever last occurs, and —11 pay said fee —h y r thereafter for each d. All unpaid Reserve capacity Fees sha11 accrue, and no connection shall be allowed to y City astewater plant pursuant to any City Sewer Permit until aii such unpaid, accrued fees related t0 said Sewer Permi< have been paid in full by tfie I Development Assistance Fee of two dollars (52.00) per Gallon per Day (GPD) of water service capacity. 18. Dete rmrnatron o£ Water Service Capacity. a. For purposes of calculating and imposing the development ass>sc ance fee provided for in S.—I.1] above, the water service r capacrtY for any pa ticular connection shall be calculated and imposed in the manne p vided as follows: Establishment Unrt GPD Residential Ingle Family"IllHome 300 Duplex (1 0 2 bedrooms) 250 x (3 o bedrooms) "Iamily (lror 2 bedrooms) Per -it250 amily Mu(3 -Po e bedrooms) Ili 300 Mobile Home (1 0 2 bedrooms) 200 Mobile Home (3 or more bedrooms) Per Unrt 250 commercial 0 uty Shop Op rc Sta. e90 owling Alley 1. Retail 1005F 3 Food Service nt/Cafeteria 50 t (24 Rest ("Fas ood") 30 oth— Bar/Cocktail Lounye Seat 2.0 Ho(not rnclud g food service) Room 150 I ndnot Inc Building ( lu di ng £ood service) c Showers loyee 15 Employee 35 Process Water Case by Case Basis arf 1 900 Office Huildinq SOOhS 10 Shopping C 10 B e Stations Bay 300 rAdd ash B 1000 Add oiler ay t adiums, Frontons, Ball Parke Theat ez t Trailer Pr k (overnight) Spaceed 1.00 renouses100 SF 3 D Office Ill r I00 Cher�Office 250 h ospital Bedt 2s0 ing H Pex Bed 125 Schools (�ot including food ce)11, 111A111 20 aoa�a s�nom Per st.aent as b. For all eetablrshments not listen above, the water service capacity shall be determined by multiplying the number of fixture units, as published in the Southern Plumbing Code, by 25 GPD per fixture unit. c. The Development Assistance Fee shall be determined by .sing the followr g formula. Total Water Service Capacity x $2.00 = pevelopment In no event shall the Total Water Service Capacity us edFto calculate a Development Assistance Fee for any separate establishment be less than 300 -i. d. If an applicant for water capacity within any of the 1 cat egories set forth in Subsection 18(a) above can demonstrai e, will be less than eighty p cent (80%) Of the Water Service Capacity Iligd.d to such establishment as set forth above, then the City Engineer may determine, based on actual usage, anticipated usage, peak load requirements, oe any combination of the foregoing, City Engineer may determine, based on actual usage, anticipated usage, Peak load requirements, or any comb inacion of the foregoing, using accepted engineering standards, that a different or greater Total Water Service p city applies. 19. Payment of pevelopme nt Assistance Fees. Beginning on the effective date of this Ordinance, all Development Assistance Fees shall be paid prior to the issuance of a building p it for a structure or structures to be served by the L gwood Water System, or such ocher time as may be specifically provided by City resolution, ordinance, or agreement. 20. Capital improvement Funds; Establishment, p diture Guidelines, Application and Pledging. a. The Development Assistance Fees collected pursuant to this Ordinance shall be deposited into a fund called the "Longwood Water System Capital improvement Fund." The fees deposited in It. above.mentioned fund shall be used only far the coast ruction and acquisition of additions and extensions to the Longwood Water System and all components thereof, including raw water ..poly facilities, treatment and storage facilities, pumping facilities and distribution facilities, land acquisition and easements, planning and engineering, rn order to provide additional water service capacity to those new customers who connect to the Longwood water System. b. The Commission may by ordinance provide for the application of some or all of the Deve p nt Assistance Fees and Connection Charges to the payment or security for < e payment If debt service incurred in whole or in part for the purpose set out in Subsection 20(a) hereof, provided that the amount of Deve p nt Assistance Fees applied to the payment if such debt service shall not exceed the amount of monies actually expended for such purpose with interest at the rate charged. Such application or pledge may be made directly in the proceedings authoriz g uch debt or in an agreement with a Sender to assure such lender of additional security thereof. 21. I..ports ibility for Extension of Distrib.tion System. In addition to the Development Assistance Fees and Connection Charges, the customer shall either provide, or pay all capital I.— (including land costa) of, the -- red capital improvements for the excensvon of distribution facilities from the City's 1 Bedroom 2 Bedrooms $150.00 $200.00 3 Bedrooms 5250.00 4 Bedrooms and larger Use $300.00 Commercial 0 to 5,000 square Feet 5500. 00 5,001 t 10, 000 square feet in nni r,. �n_nnn ��uara feet $700.00 5�00.00 of $100.00 will be charged for e additional 20,000 square feet or po tvon thereof) l na os5 000 squaxs feet o 10,001 5400.00,00 to 10, 000 quare feet 0,Oo1 co 20, 000 square feet 5600.00 Larger than 20, 000 square feet (an add icionai fee of 00, 00 will be charged for each additional 20, 00000 s_ re feet or portion thereof) c. All Development Assystance Fees collected under thus Sect ron will be deposi[ed in[o an escrow account to be known as 1 the Public Service specral Account. The use o£ these funds will be limit ea to those e p sea for providing fire and police protection, parks and recreatvon facilities, drainage and flood protection, road improvement, road repair and maintenance to alleviate the impact created by the said growth and development, and for no other purposes whatsoever. d. Challenge. Should any ua er wr sh to challenge the fair share being paid hereunder as being unreasonable and/or excessive such user shall have the right to do so by furnishing the City Commiselon with independent —di— and economic data to prove that such user s fair share 11 less than the assessments paid under this ordinance. Such challenge and all studies and data must be submltted to the City Commrsslon within sixty (60) days after the assessment is paid or the user will be deemed to bave waived the right to challenge the assessments paid. CTION 2: Conflicts. All ordinances or parts thereof in conflict herewith, be and the same are hereby r p led. SECTION 3: The provisions of this Ordinance shall be liberally construed to effect the findings, purposes, and intent to be lnvalia. SECTION 5: Effective date. This ordinance shall be effective lmmediately upon its final passage and adoption by the City Commission of the City o£ Longwood, Florida. All those new customers who, on the effective date of this ordinance, have no y obtavnea building permits or have allowed existing building