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File #: 4952   
Type: Public Hearing Status: Adopted
File created: 8/12/2022 In control: Utility Services Department
On agenda: 8/30/2022 Final action: 8/30/2022
Title: Approval of Ordinance amending Brevard County Code of Ordinances Chapter 110, Division 3, Subdivision I, Amending Section 11-141. Refund of fees; providing for conflicting provisions and severability.
Attachments: 1. 110-141 ord Capacity Res Fee FINAL.pdf, 2. 110-141 ord strikethrough underline Capacity Res Fee.pdf, 3. PH Legal Ad OrderConf.pdf
Subject:
Title
Approval of Ordinance amending Brevard County Code of Ordinances Chapter 110, Division 3, Subdivision I, Amending Section 11-141. Refund of fees; providing for conflicting provisions and severability.
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Fiscal Impact:
Annual increase to Department's sewer fund per year is estimated $126,000.
Dept/Office:
Utility Services Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approves an amendment to the Brevard County Code of Ordinances, modifying Section 110-141 to no longer provide refunds for sewer capacity reservation fees.
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Summary Explanation and Background:
The Utility Services Department requires that any development seeking to reserve capacity at any of its six wastewater treatment plants must pay a sewer capacity reservation fee. This fee is paid at the time when development engineering plans are submitted to the Florida Department of Environmental Protection (FDEP) or at the time of approval of a building permit, if no FDEP review was required. The capacity reservation fee is typically paid by the developer ($160 per single family unit and indexed each year per Rate Resolution 22-01, 22-008 and 22-009). When the contractor applies for the Certificate of Occupancy, it is then the connection fees are paid. However, per County Ordinance 110-141(b) the developer is entitled to a credit in the amount of the capacity reservation fee pro-rated for the year. This credit is applied to the wastewater connection fee. The Countywide connection fee is $2,257 and Barefoot Bay connection fee is $1,400.

As stated above, the sewer capacity reservation fee is indexed annually. However, connection fees were not indexed in the Utility Services rate resolution updates. As a result, the margin of connection fee to capacity reservation fee has gotten smaller each year. This causes the connection fund reserve, used for increasing the capacity of treatment plants and pipes, to decrease over time.

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