§ 30.19. Sewerage Benefit Fees.

1.

Intent and Purpose. The intent of this section shall be to establish and regulate fees for the purpose of compensating the City in part for costs incurred in providing Water Pollution Control facilities for the prevention of pollution of the area's ground and surface waters and in extending lateral sewers to a point of reasonable availability for service to the City sewerage system. The fees shall be computed on the basis of sewer flow generated by the property use, zoning and size in approximate proportion to the benefits received. Payment of fees shall be governed by the provisions of the City of Orlando Sewer Service Policy, latest edition, as administered by the Office of Permitting Services.

2.

Charge for Water Pollution Control. The charge for water pollution control shall be as set forth in Subsection (5) below.

3.

Sewer Availability. A public sewer shall be construed to be reasonably available to a premise if the public sewer is within a distance of one hundred feet (30.5 meters) of the property line of the premises to be served.

4.

Properties Subject to Charge.

(a)

Charge for Sewerage Collection System. All developed property to which a City sewer has been made reasonably available shall be subject to the charge for Wastewater Collection System as specified in Subsection (4)(a)(iii) below as a condition to sewer connection and services except under the following conditions:

(i)

There shall be no charge for the Wastewater Collection System under this section if a Wastewater Collection System charge has been paid or lawfully assessed prior to the adoption of this section except where developmental changes to a property increase anticipated sewer flow.

(ii)

There shall be a charge of $1.15 per gallon of capacity requested for all developed property not otherwise exempted under subsection (4)(a)(ii) above.

(b)

Charge For Water Pollution Control.

(i)

All developed property and other real property as specified in Subsection (5), paragraphs (a)(i), (a)(ii) and (a)(iii) of this section not connected to and served by the City sewer system as of the effective date of this Chapter shall be subject to imposition of the charge for water pollution control specified in Subsection (5) as compensation for City-wide control of pollution of surface and ground waters.

(ii)

All property connected to and served by the City sewer system at the time of adoption of this section shall be exempt from payment of this charge; except that where future developmental changes to a property increases anticipated wastewater flows, the developed property shall be subject to the applicable charge for water pollution control as specified in Subsection (5) below.

5.

Schedule of Sewerage Benefit Fees.

(a)

The real properties subject to the provisions of this section, and the amount of fees imposed and levied hereunder, and other provisions and requirements pertaining thereto are as follows:

(i)

Single-Family Dwelling Units.

(a)

Charge for sewage collection system. There shall be a charge of $1.15 per gallon of capacity requested for all developed property not otherwise exempted under Subsection (4)(a)(i) above.

(b)

Charge for water pollution control. The charge for water pollution control for all single-family dwelling units shall be based on the following rates indicated per gallon of capacity requested, without respect to zoning classification and said capacity request figure shall be subject to the review and approval of the Director of Public Works or his designee as to reasonableness.

(c)

1999 and subsequent years:

City Rate shall be $9.00.

Unincorporated Area Rate shall be $11.25.

(ii)

Multiple Dwelling Units.

(a)

Charge for sewage collection system. There shall be a charge of $1.15 per gallon of capacity requested for all developed property not otherwise exempted under Subsection (4)(a)(i) of this Section.

(b)

Charge for water pollution control. The per unit charge for water pollution control for all multiple-family dwelling units shall be the same as for single-family dwelling units as set forth in Subsection (5)(a)(i) above.

(c)

Total Sewerage Benefit Fee. The total sewerage benefit fee for multiple dwelling units shall be the sum of the applicable charges.

(iii)

Institutional, Commercial and Others.

Charge for sewage collection system. There shall be a charge of $1.15 per gallon of capacity requested for all developed property not otherwise exempted under Subsection (4)(a)(i) above.

(a)

Charge for water pollution control. The water pollution control charge is the same as for single-family dwelling units as set forth in Subsection (5)(a)(i) above and will be computed on the basis of the fixture-unit values or other methodology adopted by the City for such purpose. Said capacity request figure shall be subject to the review and approval of the Director of Public Works or his designee as to reasonableness.

(b)

Fee for total sewerage benefit. The total sewerage benefit fee shall be the sum of the applicable charges.

(b)

Notwithstanding any other provision of this Section 30.19, whenever it is demonstrated, in accordance with such standards as may be used by the City, that the requested sewerage capacity allocation will be less than that which would otherwise be required using the standards of computation set forth in this section, then the water pollution control charge shall be based on the gallonage of sewerage capacity actually proposed to be allocated by the City.

(c)

Notwithstanding any other provision in this Subsection (5), the portion of the sewerage benefit fee which represents the water pollution control charge for all single-family dwelling units, multiple dwelling units and institutional, commercial and other units shall be based on the applicable rate as set forth in Subsection (5)(a)(i) above, and the gallons of capacity requested for all such units.

(Ord. of 6-12-2000, § 2, Doc. #33005; Ord. of 5-6-2002, Doc. #020506701)