§ 2-31-209. Retail potable water and wastewater facility investment fees.

(a)

General requirements.

(1)

Connection to the county public utilities system requires payment of facility investment fees. Lift stations not dedicated to the county will be charged facility investment fees.

(2)

Facility investment fees for potable water service and facility investment fees for wastewater service for each dwelling unit were established December 10, 1981, according to either the actual meter size or a 5/8 -inch × ¾-inch meter size, whichever is greater.

(3)

The size of service and/or reserve capacity shall be based on calculations certified in writing by a professional engineer registered in the State of Florida or as determined and approved by the county administrator.

(4)

The facility investment fee is in addition to all other service charges and fees.

(5)

The facility investment fee is not transferable to real property at a location other than that for which it was paid.

(6)

The facility investment fee to be charged shall be the facility investment fee in effect at the time of issuance of a building permit. Facility investment fee payments will not be accepted without the existence of a valid application for building permit. The facility investment fee for reinstallation of meters pulled for uninhabitable properties and reinstalled after eighteen (18) months shall be the difference between the facility investment fee in effect at the time of reinstallation and the facility investment fee in effect when the meter was pulled.

(7)

The facility investment fee to be charged shall be based on the customer classification according to the schedule established in subsection (d) of this section. The meter size facility investment fee listed in subsection (d) shall be determined according to the schedule established in subsection (b) of this section.

(8)

The county shall award credits against facility investment fees for improvements that the county engineer has concluded can be utilized by the county as future components of the potable water system and/or wastewater system built out in accordance with the applicable master plan. Such credits may be used to offset the facility investment fees due on an individual permit, but only to reduce that portion of the fees that is attributable to the proportionate cost of similar system line extensions, as reflected in the facility investment fees study or the wastewater facility investment fees study relied upon in section 2-31-205 and memorialized in an impact fee credit agreement (to the extent the developer is not reimbursed for the cost thereof). Such credits shall be awarded, administered and used in accordance with the requirements of Section 807 of the Manatee County Land Development Code, or its successor provision.

(b)

Retail facility investment fees by meter size.

Meter Size (in inches)	Potable Water FIF	Wastewater FIF	Reserve Capacity Potable Water (gallons per month)
5/8 × ¾	$1,970.00	$3,027.00	8,250
¾	$2,955.00	$4,541.00	12,375
1	$4,925.00	$7,568.00	20,625
1½	$9,850.00	$15,135.00	41,250
2	$15,760.00	$24,126.00	66,000
3	$31,520.00	$48,432.00	132,000
4	$49,250.00	$75,675.00	206,250
6	$98,500.00	$151,350.00	412,500
8	$157,600.00	$242,160.00	660,000
10	$226,550.00	$348,105.00	948,750
Over 10	$7.164 per gallon per day	$14.414 per gallon per day	AWWA standards for meter size

 

(c)

In the interest of promoting residential fire protection, single-family residential potable water and fire line services may be combined. Meter upsizing of one line size for the 5/8 -inch × ¾-inch service and the ¾-inch service will be provided at no additional facility investment fee when such upsizing results from fire sprinkler installation. This does not apply to irrigation/fire line combinations. No combined residential potable water/fire line meters of more than one inch will be approved.

(d)

Retail facility investment fees by customer classification.

	Classification	Potable Water FIF	Wastewater FIF
(1)	Residential, single-family	Meter size FIF	Meter size FIF
(2)	Residential, multifamily	$1,345.00 per unit	$2,028.00 per unit
(3)	Mobile home	$1,345.00 per unit	$2,028.00 per unit
(4)	Travel trailer	Meter size FIF	Meter size FIF
(5)	Hotel or motel	Meter size FIF	Meter size FIF
(6)	Commercial and industrial	Meter size FIF	Meter size FIF
(7)	Large user	$7,164.00 per 1,000 gallons of reserve capacity per day	$14,414.00 per 1,000 gallons of reserve capacity per day
(8)	Combined commercial and residential*	$1,345.00 per unit plus meter size FIF	$2,028.00 per unit plus meter size FIF
(9)	Combined commercial and hotel or motel	Meter size FIF	Meter size FIF
	* Must be separately metered.

 

(e)

Contracts.

(1)

Any retail potable water or wastewater customers located outside the geographic boundaries of the county are required to enter into a contract with the county for the purchase of potable water or wastewater service. The contract will specify the facility investment fees for such customers.

(2)

All large users are required to enter into a contract with the county for the purchase of potable water or wastewater service. The contract will specify a reserve capacity and may include provisions for changing the reserve capacity. The reserve capacities for large users are subject to upward adjustments by amendment of the contracts or in accordance with provisions specified in the contracts.

(f)

Conditions.

(1)

Applicants requiring potable water and/or wastewater service for a structure shall pay the appropriate facility investment fees at the time of issuance of a building permit.

(2)

If an applicant requests an extension of a previously issued building permit and the facility investment fees have not been paid, the applicant shall pay the facility investment fees at the time the extension is requested. The facility investment fees to be charged shall be the facility investment fees in effect at the time the extension is requested.

(3)

If an applicant with a building permit was obligated to pay facility investment fees prior to the issuance of a certificate of occupancy under the county's utility rate resolution, the applicant shall pay the facility investment fees in effect at the time the building permit was issued. However, if an extension of the building permit is requested, the provisions of subsection (f)(2) of this section shall apply.

(4)

If an applicant has paid facility investment fees required by this article and has obtained a building permit, and the building permit later expires without the possibility of further extension, the applicant shall be entitled to a refund of the facility investment fees paid, without interest. To be eligible for a refund, the applicant shall be required to submit an application for a refund to the county administrator within thirty (30) days after the expiration of the building permit for which the facility investment fees were paid.

(5)

Applicants requiring wastewater service for an existing structure not previously served who pay for an extension of wastewater service shall pay the wastewater facility investment fee, unless the applicant connects to the wastewater system within one hundred twenty (120) days from the date of notification of line certification by the county. An existing structure shall be any structure for which a certificate of occupancy or temporary certificate of occupancy has been issued before the date of notification of wastewater line certification by the county. Connection must occur within one hundred twenty (120) days or the facility investment fee will be payable, as determined by the county administrator.

(6)

The owners of single-family and multifamily residential units listed in the customer classifications in paragraphs (d)(1) and (d)(2) of this section, for which a certificate of occupancy or temporary certificate of occupancy has been issued on or before the date of certification of the line extension, may pay the required facility investment fees in accordance with the time payment provisions of this paragraph, provided that they meet the conditions specified below. The owners of properties listed in the commercial classifications in subsection (d) of this section may also be permitted to make time payments if the county administrator determines that health issues and financial hardship exist. Requests for time payments for commercial properties must be made by the county health department and approved by the county administrator. The conditions for time payment are as follows:

a.

In addition to the principal amount of the applicable facility investment fees, the property owners shall pay interest at an annual rate of the prime interest rate in effect on January 1 of each year plus three (3) percent;

b.

To qualify for time payment under this paragraph, the owners of the property must not have any delinquent accounts and must enter into a contract with the county providing that the balance due shall constitute a lien against the real property which will be connected to the potable water or wastewater system and that the balance due, if any, will be paid at the time of the sale or other transfer of title to the real property;

c.

The owners of the property shall agree to maintain billing in the names of the property owners until all fees due and interest are paid and the lien is satisfied;

d.

A contract to pay the applicable facility investment fees will provide for a maximum of one hundred twenty (120) payments to include principal and interest, payable by monthly billing;

e.

If not timely paid, the unpaid balance and interest accrued thereon, together with attorney's fees and costs, may be recovered in a civil action in any manner authorized by law, and any such lien and accrued interest may be foreclosed or otherwise enforced by action or suit as for the foreclosure of a mortgage on real property; and

f.

Upon receipt of full payment of the principal amount and interest, the county administrator shall be authorized to execute and record a satisfaction of the lien on the real property.

(7)

If an applicant changes the type of service or increases the size of the potable water meter at an existing service connection, the applicant shall pay the difference between the current potable water and wastewater facility investment fees for the existing meter size and the corresponding facility investment fees for the new meter size. If an applicant decreases the size of the potable water meter for an existing service, no facility investment fee refund shall be paid to the applicant.

(8)

When the owner of one dwelling unit of a duplex served by a single meter installs separate meters, the facility investment fee will not be charged.

(9)

If an existing structure is converted to a duplex, one additional potable water and wastewater facility investment fee will be charged.

(10)

If an existing structure is converted to a multiunit facility, the potable water and wastewater facility investment fees will be charged for each additional unit.

(11)

An existing master meter customer may convert to individual meters upon approval by the county administrator.

a.

No additional facility investment fee will be charged to residential customers.

b.

Each individual commercial and industrial customer will be charged a facility investment fee based on meter size. The difference between the applicable facility investment fee for the existing master meter and the applicable facility investment fee for a reduced size meter may be applied toward the facility investment fee for the new meter or meters.

(12)

The facility investment fee for wastewater only accounts may be based on a potable water usage calculation certified by a professional engineer registered in the State of Florida and based upon the most recent localized data and upon approval by the county administrator. Alternative methods of calculation may be specified by the county administrator and based on the most recent and localized data.

(13)

An applicant may demonstrate, through a report by a professional engineer registered in the State of Florida to the satisfaction of the county administrator and based on the most recent and localized data, that a specific amount of potable water to be used by the applicant will not be returned to the wastewater system in the form of wastewater. At the discretion of the county administrator the applicant may be charged a lower wastewater facility investment fee corresponding to the approximate use of the county wastewater system. If at a future time the applicant increases the amount of wastewater delivered to the county wastewater system above the amount upon which the initial facility investment fee was based, the applicant shall pay the difference between the wastewater facility investment fee for the new level of use of the wastewater system, as determined by the county administrator, and the corresponding current facility investment fee for the estimated initial level of service.

(14)

If an existing residential or commercial customer with one meter installs two (2) meters, one for potable water and one for irrigation, separate facility investment fees, corresponding to the schedule established in subsections (b) and (d) of this section, will be charged for each meter. For agricultural purposes, an irrigation only meter may be installed as a primary meter. The facility investment fees must be paid prior to installation. The minimum size allowed for irrigation meters is three-quarter inch. A valid plumbing permit must be presented at the time of payment.

(15)

If separate meters are installed at a multifamily residential facility for purposes of irrigation of the immediate surrounding premises, facility investment fees based on meter sizes will be charged.

(Ord. No. 06-88, § 1, 10-24-06; Ord. No. 10-70, §§ 5—10, 11-9-10; Ord. No. 15-22, §§ 4—7, 6-2-15)