AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, CONCERNING IMPACT FEES; AMENDING SECTION 70-501 PROVIDING DEFINITIONS BY REVISING THE DEFINITION OF “EQUIVALENT SINGLE-FAMILY RESIDENTIAL UNIT (ERU)”; AMENDING SUBSECTION 70-502 PROVIDING FOR THE IMPOSITION OF IMPACT FEES; AMENDING SECTION 70-503 PROVIDING FOR SEWER IMPACT FEE TO BE RELATED TO STRENGTH OF SEWAGE; AMENDING SECTION 70-505 PROVIDING FOR CHANGE IN USE OF PROPERTY; AMENDING SECTION 70-509 PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Ocala, Florida as follows:
Section 1. That Section 70-501 of the Code of Ordinances, City of Ocala, Florida, is hereby amended by amending the definition of “equivalent single-family residential unit (ERU)” as set forth below:
Sec. 70-501. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Equivalent single-family residential unit (ERU). Each building designed for and occupied by one family (a single-family residence) served by the city through a single sewer service connection, or a five-eighths inch water meter, shall constitute one equivalent single-family residential unit (i.e., one ERU). By definition, one ERU shall have the following characteristics:
(1) Average sewage flow of 275 gallons per day.
(2) Nineteen or less fixture units.
(3) Average water consumption of 300 gallons per day.
(4) Sewage that is domestic sewage (standard strength wastewater) having a chemical oxygen demand (COD) of not more than 600 milligrams per liter and a total suspended solids (TSS) of not more than 300 milligrams per liter.
(5) Is comprised of between 2,500 and 3,499 square feet of living space.
Section 2. That Section 70-502 of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 70-502. Impact fee imposed.
(a). Findings and background.
(1). The city council finds and declares as follows:
a). The city is committed to providing adequate water and sewer facilities for the residents of the city and surrounding areas served or to be served by the city's water and sewer systems.
b). New development, or change in use, renovations, expansions, or building modifications to existing structures, impose increased and excessive demands upon the water and sewer systems.
c). Planning and studies project that new development, or change in use, renovations, expansions, or building modifications to existing structures, will continue and will place ever-increasing demands on the city to provide adequate water and sewer.
d). To the extent that new development, or change in use, renovations, expansions, or building modifications to existing structures, place demands upon the water and sewer systems, those demands should be satisfied by shifting the responsibility for financing the expansion of the systems from the public to the users creating the demands.
e). The city council has considered adequate information, including the Water and Wastewater Rate Study, prepared by Public Resources Management Group, Inc., and dated February 23, 2010 (the "2010 Rate Study").
f). The use of impact fees has become an accepted method of paying for public improvements that must be constructed to serve new growth.
g). The imposition of impact fees hereunder to finance the extension or expansion of the water and sewer systems is in the interest of the public including the residents of the city and surrounding areas served by the water and sewer systems, and does not impose an unfair burden on new development or existing users.
h). The evidence reviewed by city council, including the 2010 Rate Study, demonstrates a reasonable connection between the need for additional facilities for the water and sewer systems and the growth and population generated by new development and existing users, and a reasonable connection between the contemplated expenditures of impact fees collected and the benefits accruing to such development and users.
(2). The 2010 Rate Study determined that impact fees should be adjusted, that impact fees should be changed from an attributes method for certain non-residential uses to a meter-size method, and that other revisions to this division should be made.
(3). The city council has determined to amend this division of this code to adopt the recommendations of the 2010 Rate Study and as otherwise set forth in this division.
(b). Basis for impact fee. There is hereby imposed a impact fee, based on the equitable portion of the cost of financing the extension or expansion of the water and sewer systems, on the ERU responsible for creating the need for additional financing of the water and sewer systems.
(c). Time of payment for existing structures.
(1). For existing structures situated inside the corporate limits of the city, the obligation for payment of the impact fee shall occur at the time the plumbing permit is issued by the building official, except as noted in subsection (e)(4).c) below, subsection (e)(5) below, or in section 70-506. Notwithstanding the foregoing, if a plumbing permit or building permit was issued by the city between June 16, 2010, and November 1, 2010, and no impact fee has been paid in connection with such permit, the time for payment of the impact fee shall be when the certificate of occupancy is issued by the building official.
(2). For existing structures situated outside the corporate limits of the city, the obligation for payment of the impact fee shall occur at the time application for water service or sewer service is made to the city.
(d). Time of payment for new structures.
(1). For new structures situated inside the corporate limits of the city, the obligation for payment of the impact fee shall occur at the time the building official issues: the certificate of occupancy for single-family residences or duplexes: or, for all other structures, the building permit, except as noted in subsection (e)(4).c) below, subsection (e)(e)(5) below, or in section 70-506. Notwithstanding the foregoing, if a plumbing permit or building permit was issued by the city between June 16, 2010, and November 1, 2010, and no impact fee has been paid in connection with such permit, the time for payment of the impact fee shall be when the certificate of occupancy is issued by the building official.
(2). For new structures situated outside the corporate limits of the city, the obligation for payment of the impact fee shall occur at the time application for electric service or water service or sewer service is made to the city.
(1). Impact fee per equivalent residential unit. The impact fee shall be as follows for each ERU:
Equivalent Single-Family Residential Units (ERU)
Water Impact Fee
Sewer Impact Fee
(2). Impact fee for residential uses. The impact fee shall be as follows for the following residential uses based upon ERUs of living space, type of multi-family dwelling, or number of bedrooms:
Water Impact Fee
Sewer Impact Fee
Single-Family (sq. ft.)
Apartment, Townhouse or Condominium
(3). Impact fee, based upon meter size, for non-residential uses with 2-inch meter or less.
a). The impact fee shall be as follows for the following non-residential uses that utilize water meters 2 inches or less in size. The City shall determine the size and number of the water meters to be used. No customer shall install more than one water meter solely for the purpose of having impact fees calculated under this subsection (e)(3), instead of subsection (4).e)(4).
b). The figures set forth below are listed for the sole and express purpose of calculating impact fees, and shall be used for that purpose regardless of the actual water and sewer requirements of the individual connection.
Water Impact Fee
Sewer Impact Fee
See (4) below
(4). Calculation for impact fee, based upon attributes, for non-residential uses with meter size above 2 inches. Impact fees for non-residential uses that utilize water meters more than 2 inches in size shall be calculated as follows:
a). Table 1 of this section provides the basis of calculation for the ERUs and impact fee for any given connection.
b). The figures shown in Table 1 are listed for the sole and express purpose of calculating ERUs and impact fees and shall be used for that purpose regardless of the actual water and sewer requirements of the individual connection.
c). The city may periodically evaluate actual water and sewer usage of commercial, industrial and other customers to determine if their usage has exceeded the capacity for which original impact fees were paid. If this evaluation determines that the assigned capacity has been exceeded, the customer will be charged the difference between the original impact fee and the new impact fee calculated using highest measured flow or discharge within the preceding 12 months, and based upon the then-current impact fees.
d). Regardless of the calculation of the ERU as determined by Table 1, in no event shall the ERU for any nonresidential, commercial or industrial customer be less than 1.0 for the water impact fee and 1.0 for the sewer impact fee.
e). Where ERUs are calculated in Table 1 based upon a base number of units (e.g., per 100 seats), and the number of units of the actual building use exceeds the base number of units used in Table 1, the ERU shall be calculated by dividing the number of units of the actual building use by the base number of units, and then multiplying that result by the number under the ERU column in table 1. Example: A bar has 2,000 square feet. The ERUs shall be calculated as ((2,000 divided by 525) times one) which equals three and eight-tenths ERUs.
Equivalent Single-Family Residential Units (ERU)
Motel and hotel (per room)
Church, auditorium, theater (per 100 seats)
Beauty salon, barbershop (per chair) (with hair washing sink(s))
Beauty salon, barbershop (per chair) (without hair washing sink(s))
Laundromat (per washing machine)
Office, retail store, warehouse and other nonresidential uses where water or sewer uses are for fixture purpose only (per 19 fixture units)
Nursing home (per bed)
Hospital (per bed)
School, toilets and kitchen (per 35 students)
School, toilets, kitchen and gym (per 35 students)
School, toilets only (per 35 students)
Restaurant (per seat)
ACLF (per bedroom)
Bar or lounge (per 525 square feet)
Irrigation (per 19 sprinkler heads)
Recreational vehicle park (per rental space)
See subsection (e)(5).a) below
Private wells or other supplemental water sources
See subsection (e)(5).b) and (e)(5).g), below
Factory or industry
See subsection (e)(5).b) and (e)(5).g), below
Public institutions other than above
See subsection (e)(5).f), below
Other uses not described above
See subsection (e)(5).f), below
See subsection (e)(5).f), below
See subsection (e)(5).d), below
See subsection (e)(5).e), below
(5). Special provisions. The following provisions shall prevail over any conflicting provisions in this section.
a). The impact fee for shopping centers shall be imposed at the time the individual units in the shopping center obtain certificates of occupancy from the building official and shall be calculated pursuant to the applicable provisions of subsection (e)(3) or (e)(4). The number of ERUs for the common facilities in shopping centers, including such facilities as public restrooms, drinking fountains and water fountains, and the number of ERUs for the office and warehouse space utilized by or reserved for shopping center staff and management, shall be calculated in the following manner:
Total number of fixture units/19 × 1.0 = Number of ERUs
b). If the customer uses other water sources, including, without limitation, reclaimed water or well water, to supplement potable water, for processed water, or for other manufacturing, industrial or commercial purpose, and any amount of such water from other water services will be discharged into the sanitary sewer system, the customer shall install an appropriately sized sewer flow meter which shall be used to verify the accuracy of the original sewer impact fee paid and to calculate the additional impact fee owned, if any. The customer shall obtain an annual certification of the accuracy of this meter and shall provide a copy of the annual certification to the city. The impact fees may be adjusted pursuant to subsection g) below.
c). The impact fee for laundromats, restaurants, barbershops, beauty salons and other individual uses calculated pursuant to subsection (e)(3) or (e)(4) which may be contained in or associated with a motel, hotel, retail store, office, apartment complex, condominium complex, mobile home park or other multifamily development shall be determined by using the ERUs established for such individual use under the applicable subsection, and shall be in addition to the impact fee determined for the motel, hotel, retail store, office, apartment complex, condominium complex, mobile home park or other multifamily development.
d). Accounts that contain both residential and commercial facilities served through a common meter or common sewer service may be treated as either residential or nonresidential, whichever method of computation results in the larger impact fee.
e). When plant capacity permits, as determined by the director of water and sewer or his designee, groundwater from a customer’s groundwater remediation projects, not to exceed five years, may be accepted into the sanitary sewer system. Impact fees for remediation projects will be assessed according to the following method:
1). The impact fee for temporary projects (referred to in this subsection as "Impact Fee (T)"), will be subject to two reduction factors as follows:
H (hours), i.e., the reduction factor for hours of discharge of project
= 0.50 for discharge exclusively from 11:00 p.m. to 7:00 a.m.
= 0.75 for 24-hour-per-day discharge
= 1.00 for all other discharge conditions
F (time), i.e., the reduction factor for length of project discharge
= (Length of time of project discharge (in years)) divided by 35
= Impact Fee(T) = Impact Fee × H (hours) × F (time)
= Impact Fee(T) shall not be less than 1 ERU.
2). The timeframe of the project will be estimated at the time the sewer permit is obtained. If the temporary discharge exceeds the original estimate, subsequent fees will be due and payable on an annual basis.
f). If a customer’s use is not listed in Table 1 of subsection (e)(4), city will calculate the impact fees based upon a consideration of comparable uses that are listed in Table 1, and anticipated water and sewage flows based upon other relevant information such as the Florida Building Code and the American Water Works Association Standards.
g). The impact fees for uses referring to this subsection in Table 1 of subsection (e)(4), shall be based upon calculations performed by city utilizing the following criteria and procedures:
1). A prospective customer will be entitled to submit any plans, specifications or other information to substantiate projections of water consumption or sewage flows, and may be required by the city to submit such substantiating information.
2). If deemed necessary by the city, the city and the prospective customer shall enter into a written agreement formalizing the various terms and conditions to be complied with by the respective parties thereto. Such terms and conditions may include provisions for the metering and sampling of sewage flows for an appropriate period of time and the monitoring of water consumption. Such metering, sampling and monitoring would be compared with original projections of water and sewer demands and appropriate adjustments made to the impact fee.
3). If the city subsequently determines that the projections of water or sewer flows upon which any impact fee was originally based were less than the actual water or sewer flows (calculated based upon historical water or sewage flows measured by the city), the customer shall pay, upon demand of city, an adjusted impact fee, using the then-current impact fees, for the additional capacity being utilized by the customer based on the highest daily flow or discharge in the preceding 12-month period.
(6). Out of city service. Impact fees for all customers located outside the territorial limits of the city shall equal the in-city rates, as calculated pursuant to subsection (e)(2), (3), or (4) of this section, multiplied by 125 percent.
Section 3. That Section 70-503 of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 70-503. Sewer impact fee to be related to strength of sewage.
The sewer impact fee as set forth in this division shall be based on the user of the sewer system generating standard strength wastewater, defined as 600 milligrams per liter of chemical oxygen demand (COD) and 300 milligrams per liter of total suspended solids (TSS). For those users generating wastewater having strengths exceeding that of standard strength wastewater, the sewer impact fee shall be increased by a factor, the numerator of which is either the estimated average monthly chemical oxygen demand (COD) or total suspended solids (TSS) in milligrams per liter, whichever is greater, with the denominator being 600 or 300 milligrams per liter respectively.
Section 4. That Section 70-505 of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 70-505. Change in use of property.
(a). Each additional ERU occasioned by changes in property usage subsequent to February 2, 1982, shall be subject to a impact fee computed in accordance with whichever of the criteria contained in this division is applicable.
(b). If: (i) a building permit, plumbing permit, certificate of occupancy, changes of occupancy or such other permit as may be required by the city is issued for a then-existing nonresidential (including commercial or industrial) or multi-family connection which will: increase water or sewer demand or, as to non-residential uses with water meters 2 inches or less in size, increase the size of the water meter; or (ii) if a building or any portion thereof changes from residential to nonresidential occupancy or from single-family residential to multifamily residential:
(1). The city will recalculate the ERUs and corresponding impact fee under the corresponding subsection (e) of section 70-502 for the changed structure, and shall subtract therefrom the impact fee calculated under the corresponding provision applicable to the structure before the change was made. The current provisions of section 70-502 shall be utilized in connection with such calculation, notwithstanding the amount of impact fees originally paid by the customer or the law in effect at such time.
(2). No credits or refunds will be made if the change results in a reduction in the impact fee.
(c). Subsection (b) above shall also be applied when existing structures are demolished and new structures thereafter constructed.
Section 5. That Section 70-509 of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 70-509. Exemptions and credits.
Owners or operators of businesses which conduct rehabilitation, renovation or construction of buildings in the city's designated community redevelopment area (in existence as of January 1, 2010); property owners, homeowners, or owners or operators of businesses which conduct rehabilitation, renovation or construction of buildings in National Register Historic Districts or locally designated historic districts; or property owners, homeowners, or owners or operators of businesses which conduct rehabilitation or renovation of buildings individually listed in the National Register of Historic Places, eligible for listing in the National Register of Historic Places or designated as a local historic resource shall be entitled to a reduction of the impact fees in accordance with the following guidelines:
(1). The impact fee reduction shall be equal to 100 percent of the cost spent on rehabilitation, renovation or construction. However, in no instance shall the amount of credit due to the owner or operator exceed the actual amount of the impact fee for the building.
(2). The amount of the credit shall be determined by the building official. The determination shall be in writing and attached to the impact fee determination.
(3). In the event of disagreement over the dollar value of construction work or any other aspects of this division, the building official's determination may be appealed to the downtown development commission within 30 days of the issuance of the building official's written determination. Any decision of the downtown development commission may be appealed to the city council within 30 days of its determination.
(4). To be eligible for a reduction in the impact fee, rehabilitation or renovation to buildings individually listed in the National Register of Historic Places, buildings eligible for listing in the National Register of Historic Places, or buildings individually listed as a locally designated historic resource, and rehabilitation, renovation or construction to buildings or properties within a National Register Historic District or locally designated historic district must be done in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
Section 6. Severability Clause: Should any provision or section of this ordinance be held by a court of competent jurisdiction to be held unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 7. All ordinances or parts or ordinances in conflict herewith are hereby repealed.
Section 8. This ordinance shall take effect upon approval by the mayor, or upon becoming law such approval.