§ 94-162. Water and wastewater capital charges.

The city hereby adopts water and wastewater capital charges as specified hereinbelow to finance water supply, treatment and transmission facilities and wastewater collection.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means the person who applies for a building permit.

Applicable improvement means any land use that may create a growth-necessitated demand upon the city water and/or wastewater systems.

Bedroom means any room in a single-family residence, which is other than a kitchen, bathroom, living room or great room (Florida room), which may be used for sleeping quarters.

Building means any structure, either temporary or permanent, built for the support, shelter, or enclosure of persons, chattels, or property of any kind, or any other improvement, use, or structure that creates or increases potential demand on the water and/or wastewater utility system operated by the city. This term shall include all dwellings, trailers, mobile homes or any vehicles functioning as a building.

Building permit means an official document or certificate issued by the authority having jurisdiction, authorizing the construction of sitting of any building. For the purposes of this ordinance, the term "building permit" shall also include the tie-down permits for those structures or buildings, such as a mobile home, that does not otherwise require a building permit in order to be occupied.

Dwelling means any building, or part thereof, intended or designed for residential occupancy that consists of one or more rooms which are arranged or used as living quarters.

Dwelling unit means a building or portion of a building designed for or whose primary purpose is for residential occupancy, and that consists of one or more rooms, which are arranged, designed or used as living quarters for one or more persons. Also, room or rooms connected together, constituting a separate, independent housekeeping establishment for no more than one family and physically separated from any other rooms or dwelling units that may be in the same structure. A dwelling unit must contain sleeping and sanitary facilities and a primary kitchen.

Dwelling, duplex means a single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership.

Dwelling, garden apartment means a dwelling unit that is accessed from an interior common space in a building consisting of more than one dwelling unit that may contain dwelling units in a vertical arrangement.

Dwelling, mobile home means a detached dwelling unit complying with all of the following characteristics: (a) designed for long-term occupancy and containing sleeping accommodation, a flush toilet, a tub or shower/bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; (b) designed for transportation (after fabrication) or streets or highways on its own wheels, and (c) arriving complete at the site where it is to be occupied as a dwelling, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like. A mobile home structure shall be transportable in one or more sections.

Dwelling, multiple family means a group of two of more dwelling units within a single conventional building, attached side by side, or one above the other, or both, and wherein each dwelling unit may be individually owned or leased initially on land which is under common or single ownership. For purposes of determining whether a lot is in multiple-family dwelling use, the following considerations shall apply:

a.

Multiple-family dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or cooperative apartments, condominiums, and the like and may include the fee ownership of land beneath each dwelling unit following development from a common base of ownership.

b.

Any multiple-family dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a motel or hotel, as the case may be, and shall only be permitted in districts where specifically designated.

c.

For the purpose of the computation of water and/or wastewater capital charges, the following shall be considered multiple-family dwelling units: guesthouses, servants' quarters, in-law apartments, garden apartments, townhouses, adult congregate living facilities, assistant or extended care living facilities, residential care and treatment facilities, mobile homes and nursing homes.

Dwelling, single-family means a building that contains only one dwelling unit and is intended, designed, used and occupied by no more than one family.

Dwelling, townhouse means a group of two or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and each unit is completely separated from any other(s) by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit may or may not be on a separate lot under separate ownership.

Encumbered means monies connected by contract or purchase order in a manner that obligates the city to expend the encumbered amount upon the delivery of goods, the rendering of services, or the conveyance of reach property interests by a vendor, supplier, contractor or owner.

Equivalent Residential Connection or ERC generally represents the equivalent usage requirements of a single-family residential customer. For the purpose of this ordinance, an ERC will have an assigned value of 1.0. One ERC is deemed to be equal to a flow of 350 gallons per day (GPD) for water; and one ERC is deemed to be equal to a flow of 350 gallons per day (GPD) for wastewater. The assumed ERC gallonage has been based upon statistical data establishing average residential use by Miami-Dade County, and it is recognized that the uses for some types of residential units may be greater or smaller than the average assumed for this calculation. The city may modify this calculation from time to time based upon appropriate data and analysis.

Food service means food prepared on site and excludes pre-wrapped sandwiches or vending machine products.

Capital charge shall be the fee imposed by the city pursuant to this section and shall be paid by properties connecting to the city utility system. Capital charges shall be used solely for funding the cost of expansion of the city's wastewater or water system.

MGD means million gallons per day.

Owner means the person or persons holding legal title to the real property that is subject to capital charges.

Person means an individual, a corporation, a partnership, an incorporated association, trust, or any other entity.

Residential means multi-family dwelling units, condominium/townhouses/garden apartments, mobile homes, travel trailer recreational vehicle, single-family detached houses, or any other development upon land that qualifies as a dwelling.

Nonresidential means commercial, motel, hotel, construction trailers or any other development upon land that does not qualify as residential.

Service area means that area in and around city that will be served by the city's water and/or wastewater utility services.

Utilities revenue fund means the unrestricted cash fund whereby deposits made into such fund are available for any lawful use by the city.

(b)

Capital charge. A capital charge is hereby imposed and levied on all development requesting capacity from the city's water system and/or wastewater system to provide service to their properties and on all properties presently connected to the city's water system or wastewater collection system when structural changes, additions or changes in permitted use shall result in an additional impact to the city's water system or wastewater system.

(c)

All development and newly constructed structures connecting to the city's water and/or wastewater system or existing structures who through additions, alterations or change of permitted use increase their impact to the city's water and/or wastewater system within the city water and/or wastewater service area from and after the effective date of this section shall be subject to the payment of the capital charge as set forth herein.

(1)

This capital charge will be charged over and above any other service installation fee, lateral charge, inspection fee, utility assessment charge, or monthly service fee as may be established by an existing, or future, city ordinance, or resolution and shall be paid prior to the issuance of a building permit for construction of such property, and in no event shall connection of such property to the city's water and/or wastewater system be allowed without the full payment of the capital charge.

(2)

Capital charges will not be transferable from one property to another.

(d)

Establishment of capital charges.

(1)

The Water and Wastewater Capital Charges per ERC shall consist of the following component fees as follows:

Water impact fee—Plant ..... $2,726.50 per ERC ($7.79 per gallon of plant capacity)

Water impact fee—Transmission/distribution ..... $248.50 per ERC ($0.71 per gallon of hydraulic capacity)

Wastewater capital charge ..... $966.00 per ERC ($2.76 per gallon of capacity)

(2)

The determination of a water and/or wastewater ERC shall be as follows:

a.

Individually-metered residential service— All development which will be served by a five-eighths-inch or three-fourths-inch water meter and/or a four-inch sewer lateral (where a separate service connection exists which connects the individual dwelling unit to the city's water and/or wastewater system) shall be considered as one ERC for each applicable service requested by the owner or applicant. All other individually-metered residential development requiring services greater than the size referenced in this section shall be determined in accordance with the ERC application methodology discussed in this section for non-residential service.

b.

Master-metered residential service— Each dwelling unit served by a master meter shall be considered one ERC for each applicable service requested by the owner or applicant. If the development served by the master meter includes nonresidential use, then the capital charge for such nonresidential use will be determined in addition to the applicable master-metered residential service.

c.

Nonresidential service— As part of the application and approval process for the issuance of a building permit, the owner or applicant must provide an estimate of the average dependable daily water and wastewater capacity that will be approved by the city prior to the issuance of such building permit. The water and wastewater capital charges shall be determined as follows:

Water Capital Charge	=	Average Dependable Daily Capacity Expressed on a gallon per day basis
		_____	×	$2,975.00
		350

 

Wastewater Capital Charge	=	Average Dependable Daily Capacity Expressed on a gallon per day basis
		_____	×	$966.00
		350

 

All ERC values shall be calculated to the nearest tenth (0.1 ERC) for fee application purposes, but in no event shall a capital charge for water and/or wastewater service be calculated at less than one ERC.

d.

With respect to the determination of the water and wastewater capital charges for non-residential development, if no water and wastewater capacity estimates are provided, the city reserves the right to estimate the average dependable daily capacity as referenced in this section and determine the appropriate capital charge to be charged to such owner or applicant.

e.

The city reserves the right to review the amount of water and/or wastewater consumption during the life of a customer's service and shall bill to the owner or applicant any adjustment to the water and wastewater capital charges for capacity use in excess of amounts that have been paid by the owner or applicant. Any additional capital charge payments shall be billed to the owner or applicant at the then applicable capital charge amount.

(e)

Payment of capital charges.

(1)

Except as otherwise expressed provided in this ordinance, prior to the issuance of a building permit where applicable, all applicants or owners, as the case may be, shall pay the water and/or wastewater capital charges as established herein.

(2)

Collection of fees when building permit is issued by mistake or inadvertence; lien. In the event that the capital charge is not paid prior to the issuance of a building permit for the construction of a building or a residential dwelling unit because of a mistake or inadvertence, the city shall proceed to collect the capital charge as follows:

a.

The city shall serve, by certified mail, return receipt requested, a capital charge statement notice upon the applicant at the address set forth in the application for the building permit; and the owner at the address appearing on the most recent records maintained by the county property appraiser. The city shall also attach a copy of the capital charge statement notice to the building permit posted at the affected construction site if the building is under construction. Service of the capital charge statement notice shall be deemed notice of the capital charges due and service shall be deemed effective on the date of the return receipt indicates the notice was attached to the building permit, whichever occurs first.

b.

The capital charge statement notice shall contain the legal description of the property or folio number and shall advise the applicant and the owner as follows:

(i)

The amount due and the general purpose for which the capital charge was imposed.

(ii)

That a hearing before the special master may be requested within 30 calendar days from the date of the receipt of the capital charge statement notice, by making application to the water and sewers department to the attention of the director.

(iii)

That the capital charge shall be delinquent if not paid and received by the city within 60 calendar days of the date of the capital charge statement notice if a hearing is not requested pursuant to subsection (e)(2)b.(ii) above and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid.

(iv)

That if the capital charge becomes delinquent, a lien against the property for which the building permit was secured shall be recorded in the official records book of Miami-Dade County.

c.

The capital charge shall be delinquent if, within 60 calendar days from the date of the capital charge statement notice, or the date such notice was attached to the building permit, neither the capital charges have been paid and received by the city, nor a hearing request pursuant to subsection (e)(2)b.(ii) above. In the event a hearing is requested pursuant to subsection (e)(2)b.(ii) above, the capital charges shall become delinquent if not paid within 30 calendar days from the date the special master determines the amount of capital charges due upon the conclusion of such hearing. The time periods shall be calculated on a calendar day basis, without exception, but excluding the date of the capital charge statement notice of the hearing date of the special master's decision in the event of an appeal. In the event the last day falls on a Saturday, Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, a delinquency fee equal to ten percent of the total fee imposed shall be assessed. Such total capital charge, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.

d.

Should the capital charge become delinquent, the city shall serve, by certified mail, return receipt requested, a "notice of lien" upon delinquent applicant if the building is under construction at the address indicated in the application for the building permit, and upon the delinquent owner at the address appearing on the most recent records maintained by the property appraiser of Miami-Dade County.

e.

Upon mailing of the notice of lien, the city attorney shall file a claim of lien with the clerk of the circuit court in and for Miami-Dade County for recording in the county official records. The claim of lien shall contain the legal description of the property, the amount of the delinquent capital charges, and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The city attorney shall proceed expeditiously to collect or otherwise enforce said lien. After the expiration of six months from the date of recording of the claim of lien, or after the expiration of one year from the date the capital charge became due and payable, whichever is the later of the two, as provided herein, a suit may be filed to foreclose such lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. §§ 173.04—173.12, inclusive, which provisions are hereby incorporated herein in their entirety to the same extent as if such provision were set forth verbatim.

f.

The liens for delinquent capital charges imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other subsequently filed liens and claims, until paid as provided herein.

g.

The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to, and in addition to any applicable procedures provided in any other ordinance or administrative regulations of the city or any applicable law or administrative regulation of the state. Failure of the city to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the city or any applicable law or administrative regulation of the state.

(f)

Use of monies.

(1)

The city hereby confirms the establishment of separate capital accounts for the water and/or wastewater systems capital charges, which shall continue to be maintained separate and apart from all other accounts of the city. All such water and/or wastewater systems capital charges received by the city shall be deposited in such capital accounts immediately upon receipt.

(2)

The monies deposited into the water and/or wastewater systems capital charge capital accounts shall be used solely for the purpose of providing growth necessitated capital improvements and additions to the water and/or wastewater systems, including, but not limited to:

a.

Design or construction plan preparation.

b.

Permitting and related fees.

c.

Land or utility system acquisition, including any costs of acquisition or condemnation.

d.

Construction and design of water and/or wastewater systems buildings, facilities, or improvements and additions thereto.

e.

Design and construction of drainage facilities reasonably required by, or convenient to, the construction of water and/or wastewater systems buildings, facilities, or improvements and addition thereto.

f.

Relocating utilities required by the construction of water and/or wastewater systems buildings, facilities, or improvements and addition thereto.

g.

Construction management, inspection, or both.

h.

Surveying, soils and material testing, and the evaluation and development of raw water resources and supplies.

i.

Acquisition of plant or equipment necessary or convenient to expand the water and/or wastewater systems.

j.

Payment of principal and interest, reserves and costs of issuance — under any bonds or other indebtedness issued by the city to fund growth impacted improvements, and additions to the water and/or wastewater systems.

(3)

Funds on deposit in the water and/or wastewater systems capital charges capital accounts shall not be used for any expenditure that would be classified as routine maintenance, operation, or repair expenses.

(4)

The monies deposited in the water and/or wastewater systems capital charges capital accounts shall be used solely to provide improvements and additions to the water and/or wastewater systems required by growth, generated by development within the city's service area. An appropriate use of capital charges includes the payment of expansion-related, annual debt service.

(5)

Any funds on deposits that are not immediately necessary for expenditure shall be invested by the city. All income derived from such investments shall be deposited in the water and/or wastewater systems capital charges capital accounts and be used as provided herein.

(g)

Determination of equivalent residential connection factors for water and wastewater services.

(1)

For purposes of calculating and imposing the wastewater capital charge provided for in this section, the ERC factor for any particular connection shall be calculated and imposed in a manner consistent with section 24-43.1(5), Miami-Dade County Code, as amended from time to time. The city reserves the right, however, to recalculate such usage.

(2)

For purposes of calculating and imposing the water capital charge provided for in this section, the ERC factor for any particular connection shall be calculated and imposed by multiplying the number of ERCs (at 350 gallons per ERC) based upon the meter equivalency factors set forth in subsection 94-162(k) hereof. The city reserves the right, however, to recalculate such usage based upon industry standards.

(h)

Alternative capital charge calculation.

(1)

If an applicant or owner believes that the impact to the water and/or wastewater systems necessitated by new development is less than the impact established herein, such applicant or owner may submit a calculation of an alternative water and/or wastewater systems capital charges to the director of the department of water and sewers pursuant to the provisions of this section.

(2)

Any right to submit an alternative method of calculating the water and/or wastewater systems capital charges shall be deemed to have been waived, expired, and such calculations shall be rejected by the city if not properly and timely made prior to the issuance of a building permit for the respective construction.

(3)

Upon timely submission of an alternative method of calculating the water and/or wastewater systems capital charges, the basis therefore and receipt of the alternative the calculation of water and/or wastewater systems capital charges, the department director shall review the calculation within 90 calendar days after receipt.

If the department director determines that the data, information and assumptions utilized by the owner or applicant to calculate the alternative water and/or wastewater systems capital charges complies with requirements of this section and that the alternative water and/or wastewater capital charges were calculated by the use of a generally accepted methodology, then the alternative water and/or wastewater systems capital charges shall be paid in lieu of the capital charge set forth in this section.

If the department director determines that the data, information and assumptions utilized by the owner or applicant to calculate the alternative water and/or wastewater systems capital charges does not comply with the requirements of this section, or is otherwise not equitable, or that the alternative water and/or wastewater systems capital charges were not calculated by the use of a generally accepted methodology, then the city shall mail to the owner or applicant by certified mail, return receipt requested, written notification of the rejection of the alternative water and/or wastewater systems capital charges stating the reason therefore.

(4)

If the owner or applicant does not agree with the recommendations of the department director, the owner or applicant shall have the right to appeal the recommendation before a special master at a scheduled public hearing. This appeal for a review to the special master must be received within 60 calendar days after notification of the rejection of the alternative water and/or wastewater systems capital charges from the city. The decision of the special master shall be in writing and will be issued within 30 calendar days after the presentation of the appeal by the owner or applicant. The special master's decision may be appealed to the city council within 15 days from the date that the special master issues the decision. The city council, at a public hearing, shall review the decision and issue its decision. Such decision shall be considered as being final with respect to the alternative fee calculation process.

(5)

Any applicant or owner who submits a proposed alternative water and/or wastewater systems capital charges pursuant to this section and desires immediate issuance of a building permit shall pay, prior to or at the time, the applicable water and/or wastewater systems capital charges pursuant to section 94-162. Such payments shall be deemed to be paid under "protest" and shall not be construed as a waiver of any right of review. Any difference, if any, between the amount paid and the amount due, as determined by the city, shall be refunded to the applicant or owner within 30 calendar days of the city's final decision thereon.

(i)

Exemptions. The following shall be exempted from payment of capital charges:

(1)

Alterations or expansions of then existing buildings, structure, or improvement where no additional demand on the water and/or wastewater systems is or will be created by such alterations or expansions.

(2)

The construction of accessory buildings, structures, or improvements that will not create an additional demand on either the water and/or wastewater systems.

(3)

The replacement of then existing building, structure, or improvement which has previously been subjected to capital charges payable to the city and where no additional demand is or will be created by that replacement on either the water and/or wastewater systems.

(4)

Buildings, structures, or improvements, either then existing or which then have been issued a building permit for which construction is proceeding in good faith, previously served by a utility service provided other than the city, provided that at the time the city formally resolves to acquire that utility, the city council expressly declares its intention to operate such utility as a component of the construction of water and/or wastewater systems.

(j)

Additional policies related to capital contributions.

(1)

Manner of paying; payment prerequisite to rendering service. The city requires the payment of contributions in aid of construction, either by cash payments or through the installation of water distribution and wastewater collection facilities by the developer, builder or property owner, the title to such facilities transferred to the city, or a combination of both forms of contributions. The requirement of the city for such contributions is declared to be for the purpose of defraying the cost of the water and wastewater systems. The payment by the developer, builder and/or owner of such contributions to the city shall be a condition precedent to the rendering of service by the city.

(2)

Computation. In addition to the capital charges set forth above, the aggregate value of capital contributions required by the city, either in cash or by utility facilities construction donated to the city, shall be computed and determined as set forth in subsection (3) below.

(3)

On-site facilities. Each developer, owner or builder (hereinafter referred to as developer) shall be responsible for the design, installation, inspection and testing of complete distribution facilities and collection facilities located in the street or streets, facilities' rights-of-way or easements adjoining or within the boundaries of the developer's property, or the equivalent cost of the same in the event such facilities have been previously designed and/or installed. The city's requirement for the installation of oversized lines or facilities, located on the developer's property and designed to provide service for other properties, shall be the subject of a developer's agreement to be negotiated with the city.

(4)

Off-site facilities. The developer is required to extend service to the city's water and wastewater transmission facilities. For the purpose of this extension policy, the term "off-site" shall be defined as those distribution facilities, water transmission facilities, wastewater transmission facilities, collection facilities and/or pumping stations necessary to connect the developer's property with facilities of the city adequate in size to transmit to the developer's property an adequate quantity of water under adequate pressure and/or transmit wastewater collected on the developer's property to the treatment plant or disposal site of the city. The physical location of such off-site facilities may, in fact, be within the geographic boundaries of the developer's property; however, such geographic location shall not change the character of said off-site facilities since the same relates to major transmission and collection facilities serving major developed areas or more than one developer's property. It is the city's policy to apportion the cost of the off-site facilities pro rata against the properties receiving service from such off-site facilities using the refundable advance approach. Since each developer draws from the hydraulic capacity of such facilities, the city will require that the developer install such facilities and pay the developer's property's hydraulic share as a minimum of the cost of the off-site facilities through which service is rendered to the developer's property. Developers are required to advance all or a portion of the off-site facilities in order to provide a physical interconnection of the developer's property with the facilities of the city at their then present terminus.

(5)

Utility standards, policies and procedure. All on-site and off-site facilities shall be designed and constructed in accordance with city utility standards, policies, and procedures, as amended from time to time.

(k)

Customer metering.

(1)

The decision of size, type, quantity and installation of meters for any given customer or property shall be within the sole discretion of the city. The general rule or policy of the city shall be that each dwelling unit or business shall be provided with its own meter. Nevertheless, the city may determine that a different, alternative metering arrangement is acceptable within its sole discretion. At a minimum, however, approval of any such alternative metering arrangement shall be subject to payment of (1) applicable water capital charges based upon projected ERC usage; and (2) payment of monthly base service charges for projected ERCs.

(2)

Commercial and industrial structures shall be expressed as equivalent single-family residential units on the basis of the relative capacities of water meters serving the structures. Meter sizes and the corresponding number of equivalent single-family residential units are tabulated below:

Meter Size	Equivalencies (ERCs)
5/8″	1.0
1.0″	2.5
1.5″	5.0
2.0″	8.0
3.0″	16.0
4.0″	25.0
6.0″	50.0
8.0″	80.0
10.0″	115.0
12.0″	241.0

 

(Ord. No. 2011-27, § 3, 6-3-2011)