3942ORDINANCE NUMBER 3942
CITY OF SANFORD, FLORIDA
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA, RELAING TO WATER AND
SEWER IMPACT FEES; AMENDING SECTIONS 28-141 C/TY
OF SANFORD CODE RELATING TO ~ ADOPTION OF
AN IMPACT FEE STUDY AND SECTION 28-142 CITY OF
SANFORD CODE RELATING TO THE IMPOSITION OF
WATER AND SEWER IMPACT FEES AND THE
ESTABLISHMENT OF FEE RATES; PROVIDING FOR
CONFLICTS; FOR SEVERABILITY; PROVIDING FOR
CODIYICATION AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. ADOPTION OF IMPACT FEE STUDY. Section 28-141 of the City
of Sanford Code is substantially reworded to read as follows:
Sec. 28-141 Adoption of Impact Fee Study.
The City Commission hereby adopts by reference the study entitled "Water/Sewer Impact
Fee tudy, dated June 13, 2005, as prepared by Public Resources Group, Inc., Maitland, Florida
S "
as it relates to the computation and allocations of the capital cost of new improvements to be
borne by the new users of such improvements.
SECTION 2. IMPACT FEES IMPOSED. Section 28-142 of the City of Sanford
Code is substantially reworded to read as follows:
Sec. 28-142. Impact Fee imposed.
(a). There is hereby imposed upon all impact-generating land development activity as
herein defined an impact fee due at time of issuance ora building permit, and no building permit
shall be issued until said impact fee shall have been paid except as otherwise herein provided. The
fee shall be determined in accordance with the following schedules. If the building permit is for
less than the entire contemplated development, the fee shall be computed for the amount of
development covered by the permit. The obligations for payment of impact fees shall run with the
land.
(b). Any person who shall initiate any new impact-generating land development activity
shall, except as otherwise provided for herein, pay an impact fee as determined by the law
following schedules:
Water Systems Impact Fees
Equivalent Residential Unit (ERU) = 300 Gallons per Day (GPD).
Residential:
$1,193.00FUnit-Single family structure, or multi-family unit containing three (3)
bedrooms or more.
$894.75/Unit-Multi-family or Mobile Homes unit containing less than three (3)
bedrooms. (This category us based on judgment/assumption, estimation that such
family units on average require 75% = 225 GPD of the water and sewer service of
an average single family unit.)
Commemi~:
$1,193.00/ERU_Fixtures unit schedule from Southern Plumbing Code will be used.
One ERU will be changed for connection and up to 20 fixtures units. For projects
having more than 20 fixture units the Impact Fee will he determined by increments
of 25% based on multiples of 5 fixture unit base for the first ERU. (Example: 25
fixture units will be rated as 1.25 ERU; 26 fixture units will be rated as 1.5 (ERU.)
Sewage System Impact Fee
Equivalent Residential Unit = 270 Gallons per Day (GPD).
Residential:
$2,688.00FUnit-Single-family structure, or multi-family unit containing 3 bedrooms
or more.
$2,016.00/Unit-Multi-family unit or Mobile Home unit containing less than 3
bedrooms. (This category is based on judgment/assumption/estimation that such
family units on average require 75% of water service of an average single-family
units.)
2
Commercials-Industrials-Institutional:
$2,688.00/Unit-Fixture unit schedule from Southern Plumbing Code will be used.
One ERU will be charged for connection and up to 20 fixture units. For projects
having more than 20 fixture units the impact fees will be determined by increments
of 25% based on the multiples of 5 fixture units above the 20 fixture unit base for
the first ERU. (Example: 25 fixtures units will be rated a 1.25 ERU; 26 fixtures
units will be rated as 1.5 ERU.)
(c). Any developer who, prior to the effective date of this Chapter, agreed as a condition
of development approval to pay impact fees, shall be responsible for the payment of the fees under
th.e terms of such agreement. Any portion of impact of impact fees agreed to be paid pursuant to a
prior agreement that are greater than the fees established herein shall be refunded. Any impact
fees paid since November 11, 1985, that are greater that the fees established herein shall be
refunded upon request of the payer of the fees or current owners if the property was subsequently
transferred.
(d). In the event that an applicant for a building permit contends that the land use for
which a building permit is proposed is not within the categories set forth in this Section or fits a
different category than that determined by the Utility Director, or designee, may make an
application for a determination as to the appropriate land use category. Such determination may
be appealed to the Mayor and the City Commission in writing within ten (10) days of the date of
the determination of the Utility Director and upon payment of the established appeal fee.
(e). Where new development involves the redevelopment of land such that existing impact
generating development is removed or substantially altered, the new development impact fees
shall be computer on the additional or new impacts only. Impact fees shall be computed for the
existing development and such sum shall then be subtracted from the impact fees calculated for
the new development. It is the City's intent to collect impact fees only relating to the additional
impacts generated by redevelopment over and above the impacts attributable to the existing
development.
(0. The impact fee amounts set forth in this Section shall be automatically adjusted
annually effective every October 1, beginning on October 1, 2006. The automatic annual
adjustment effective each October shall be based on the percentage increase in the U.S. Consumer
Price Index (CPI) as published by the U.S. Bureau of Labor Statistics for the twelve (12) month
period ending the previous July. For example, the October 2006 automatic adjustment shall be
calculated based on the change in the CPI for the twelve month period ending July 2006.
SECTION 3. CONFLICTS. All ordinances or pan of ordinances in conflict with this
Ordinance are hereby repealed.
3
SECTION 4. SEVERABILITY. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall
not be held to invalidate or impair the validity, force or effect of any other section, sentence,
phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
SECTION 5. PENALTIES. The City may enforce the provisions of this Ordinance by
any and all means available under Florida/aw and may seek any and all legal remedies available
under Florida law.
SECTION 6. CODIFICATION. It is the intention of the City Commission of the City
of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance as set forth in
the Exhibit shall become and be made a part of the Code of Ordinances of the C7O, of Sanford,
Florida; that the Sections of this Ordinance may be renumbered or re-entered to accomplish such
intention; that the word," · .
Ordinance, may be changed to "Section," "Article," or other
appropriate word; provided, however, that Sections 3, 4, 5, 6 and 7 shall not be codified.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on
August 15, 2005.
PASSED and ADOPTED thisl lth day of July, 2005.
ATTEST:
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
qANETDOUOHERT' -~,CITYC'c'' "~ ~RK
LINI~A KUHN, MAYOR
4
CERTI~/CATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true
and correct copy of the foregoing Ordinance No. 3942, PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the 1 lth day of July, 2005, was posted at the fi-ont
door of the City Hall in the City of Sanford, Florida, on the 13th day of July, 2005.
.I~NE T DOU~y-
As the City Clerk of the City
of Sanford, Florida