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Home > Departments > Utilities > IRC Utility Ordinances > Ordinance Chapter 201 Water and Sewer
 

Table of Contents

Sec 201.01. Definitions.

Sec 201.02. Connection to the water system required.

Sec 201.03. Connection to the sewer system required.

Sec 201.04. Sewer connections require County water.

Sec 201.05. Exceptions to connections.

Sec 201.06. Connection may be made by County.

Sec 201.07. Equivalent residential units.

Sec 201.08. Rates and charges.

Sec 201.09. Capacity charge.

Sec 201.10. Extension of water distribution and sewer services within developments.

Sec 201.11. Extension of water distribution and sewer services to developments.

Sec 201.12. Existing agreements.

Sec 201.13. Unlawful connection.

Sec 201.14. Unlawful construction.

Sec 201.15. Connecting to existing plumbing.

Sec 201.16. Maintenance of plumbing system.

Sec 201.17. Payments of fees and bills required.

Sec 201.18. Collection of sewer fees.

Sec 201.19. Failure to maintain plumbing system.

Sec 201.20. No free service.

Sec 201.21. Separate connection for each separate unit.

Sec 201.22. Responsibility for payment of water/sewer fees; lien for unpaid bills..

Sec 201.23. Water charges on new construction accounts.

Sec 201.24. Discontinuance of service for non-payment, fee for restoring services,  penalty  for Tampering with water meter, checks with insufficient funds.

Sec 201.25. Permit required to draw water from fire hydrants.

Sec 201.26. Prohibition against damaging equipment.

Sec 201.27. Required installation of back flow prevention devices.

Sec 201.28. Power and authority of inspectors.

Sec 201.29. Discharge of water in sewers.

Sec 201.30. Prohibiting discharge of specified waste and water into County sewage system. 

Sec.201.31. Water shortage conditions.

Sec 201.32. Wells and lawn sprinkler systems.

Sec 201.33. Areas in which ordinance to be effective.

Sec 201.34. Penalties and enforcement.

Sec 201.35. Repeal of conflicting provisions.

Sec 201.36. Incorporation in Code.

Sec 201.37. Sever ability.

Sec 201.38. Effective Date.

Sec 201.3-201.49. Reserved.

    Part II. Regulation of Franchises

Sec 201.50. Definitions.

Sec 201.51. Permit required.

Sec 201.52. Utilities required to connect to County utility systems.

Sec 201.53. Special acts.

Sec 201.54. - 201.60. Reserved.

    Part III. Pretreatment Regulations

Sec 201.61. Adopted by reference.

 

Indian River County Ordinance

 

Part I. In General

Section 201.01 Definitions

  For the purpose of this Chapter, the following terms shall have the meanings set forth thereafter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:

A.        County is Indian River County , Florida , the Board of County Commissioners, or the Department of Utility Services, as the meaning indicates.

B.        Department is the Department of Utility Services of Indian River County.

C.        Person is any person, firm, partnership, association, corporation, company or organization of any kind

D.        Water is water from the County water supply system. Reclaimed water is water as specifically provided for under Chapter 202 of the County Code and Chapter 62-610 F.A.C.

E.        Base Facilities Charge is the charge imposed by the County for each equivalent residential unit that represents a portion of the cost to the County of having the system available to serve that equivalent residential unit without regard to volume used.

F.         Capacity Charge is the fee charged to real property owners to fund the capital cost incurred by the water and wastewater utility to provide capacity to serve new utility customers.

G.        Equivalent Residential Unit (ERU) Is the amount of water used or wastewater produced by a typical residential unit, which water use ranges from zero (0) to three hundred (300) gallons per day on a maximum day basis or zero (0) to two hundred fifty (250) gallons per day on a maximum month basis. For Manufactured Home Communities (MHC) or Department-qualified, Multi-family Designation (grouped units without exterior water usage, generally master-metered) a factor of 0.85 will be applied to purchased residential ERU’s.

F.         Combination accounts are accounts that contain both residential and commercial facilities served, through a common meter may be treated as either residential or nonresidential, using whichever method of computation results in a larger number of equivalent residential units.

(Ord. No 91-9, 3-12-91)

 

Section 201.02. Connection with water system required

  The owner of every lot or parcel or land within the County shall connect, or cause the plumbing of any building, mobile home, or trailer thereon to be connected, with the water system of the County, or franchised private utility system upon the approval of the Department, and use such facilities within sixty (60) days following notification to do so by the Department. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the County. No connection of existing structures will be required to be made unless capacity if available.

(Ord. No 91-9, 3-12-91)

Section 201.03. Connection with sewer system required.

  The owner of each lot or parcel of land within the County shall cause the plumbing of any building, mobile home, or trailer thereon to be connected with the public sewer facilities of the sewer system of the County or franchised private utility upon approval of the Department, and use such facilities within sixty (60) days following notification to do so by the Department. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the County. No connection of existing structures will be required to be made unless capacity is available.

(Ord. No. 91-9 3-12-91)

Section 201.04. Sewer Connections require County water.

  No County sewer service shall be provided without County water service where water service is available except as determined by the Department. If either service is not available, the customer shall install a meter approved by the County on any private potable water supply, and the County shall use the meter reading for purposes of calculating sewer charges.

Section 201.05. Exceptions to Connections.

  This section shall not be construed to require or entitle any person to cross the private property of another to make any such sewer or water connections.

(Ord. No. 91-9, 3-12-91)

Section 201.06. Connections may be made by the County.

  If any owner of any lot or parcel of land within the County shall fail and refuse to connect with and use the facilities of the water and sewer system of the County after notification by the Department. As provided herein, then the Department, shall be authorized to make such connections, entering on or upon any such lot or parcel of land for the purpose of making such connections.. The base facilities charge of the County shall thereupon be entitled to recover the cost of making such connection, together with accrued base facilities charges, capacity charge, interest and attorneys fees, by suit in any court of competent jurisdiction.

  In addition, and as an alternative means of collecting such costs or making such connections, the County shall have a lien on such lot or parcel of land for such cost, which lien shall be of equal dignity with the lien of state and County and municipal taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate.

(Ord. No. 91-9, 2-12-91)

Section 201.07. Equivalent residential units

  Each water and sewer customer’s Capacity charge and base facility charge shall be established on the basis of the number of equivalent residential units (ERU’S) of service required by each customer.

  The following chart shows the basis for calculating each customer’s minimum number of ERU’s.

  In case where a customer’s property use extends to more than one category listed below, the number of ERU’s shall be calculated as the sum of the number of ERU’s. Where the calculated number of ERU’s is a fraction, the calculated number shall be rounded up to the next highest whole number to calculate the number of assigned ERU’s.

Quick View 

Single Family Homes

1

 

Club

1

Private dwelling with rented rooms

1

 

Club with dining

3

Each additional room for rent

1

 

Service Station

1

Multi-family

.85

 

Restaurant 1-50 seats

3 per

Apartment

1

 

Tavern

3

Hotel/Motel

.2

 

Laundry

1

Recreation Vehicle Park

.5

 

Supermarket

1

Condominium

1

 

Office Building

1

Mobile Home, Trailer

1

 

Nursing Home

1 per

Manufactured Home

.85

 

Hospital

.5

Townhouse

1

 

Warehouse (footage)

1

School, Public or Private (30) Thirty students

1

 

Industrial plant

1

Church

1

 

Barber Shop (Sinks)

1

 

Unit Designations

1.         Single-family Designation.  A category of dwelling unit including multiplex, modular and prefabricated, on individually owned lots.  Per unit (1)

2.         Private dwelling with rented rooms or boardinghouse (1), each additional room available for rent over three (1)

3.         Multifamily Designation.  A category of grouped dwelling units, generally master-metered, in which the owner’s or tenant’s personal property use privilege is limited to interior areas only; and ownership, cost and use of common areas is shared with other owners and/or tenants; and individual units have no exterior water usage.  Per unit…(0.85)

4.         Hotel/Motel. Any building or groups of buildings containing sleeping room accommodations for guests, and providing the services generally provided the services generally provided by a hotel or motel and recognized as a hotel or motel in the community in which it is situated, or by the industry, and offering daily or weekly rates, with a bath or connecting bath for every rental unit, and occupied only by transient guests. Any such structure offering a combination of rooms for rent or lease for longer than a month at a time shall not be considered a hotel or motel, per occupancy unit. (.2)

5.         Recreation Vehicle Park . A place set aside and offered by a person or public body, for either direct or indirect remunerations of the owner, leaser, or operator of such place, for the parking and accommodation of recreational vehicle’s utilized for sleeping or eating; and the term also includes buildings and sites set aside for group camping and similar recreational facilities, per vehicle space. (.5)

6.         Townhouse, Villa, and other named dwellings with personal property use of exterior areas.  A category of grouped dwelling units generally individually metered in which; the owner or tenant has personal property use of exterior areas contiguous to dwelling interior areas; and ownership, cost and use of common areas is shared with other owners and/or tenants; and each individual dwelling unit has the ability to have exterior water usage.  Per unit… (1)

7.         Mobile home, trailer. A structure which is transportable in one or more sections, which is built on a permanent chassis and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, per living unit. (1)

8.         Manufactured Home Community. A community of dwellings, subject to regulation by Chapter 723 Florida Statutes, as determined by the Department.  Per unit…(.85)

9.         School. A private or public or not for profit institution conducting regular academic instruction at kindergarten, elementary or secondary levels Unit Designation (MERU) or conducting training in business or at the vocational, collegiate, or post graduate levels or a day care facility providing services to preschool children.

Per each (30) thirty full-time pupils or faculty (1)

Per each sixty part-time pupils and faculty (part-time attendance less than three and one-half (31/2) hours per day.) (1)

10.       Church. An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are hold (1) Church with banquet facilities (2)

11.       Club. Buildings or facilities owned or operated by a corporation, association, or persons for social, educational or recreational purpose, but not primarily for profit or to tender a service that is customarily carried on as a business (1) Club with dining facilities (3)

12.       Service station. Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as: engine tune-ups, lubrication, minor repairs, and carburetor cleaning may be conducted. Service station shall not include premises where heavy maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning may be conducted. Service station shall not include premises where heavy automobile maintenance activities such as engine overhauls automobile painting, and body fender work are conducted.

Without repair or maintenance facilities (1)

With repair or maintenance facilities (2)

With car wash per three hundred (300) gallons per day water use (1)

13.       Restaurant. Any establishment (which is not a drive-in service establishment) where the principal business is the sale of food, desserts or beverages to the customer in a ready to consume state and where the design or principal method of operation includes one or more of the following:

a.         Customers, normally provided with an individual menu, are served generally in non- disposable containers by a restaurant employee at the same table or counter at which said items are consumer.

b.         Ice cream parlors and other small specialty restaurants having floor area exclusively with a shopping or office center and sharing common parking facilities with other businesses within the center and expressly prohibiting freestanding stores having characteristics of a drive-in restaurant

c.         A cafeteria or cafeteria type operation where foods, desserts or beverages generally are served in non-disposable containers and consumed within the restaurants.

d.         Self-service restaurants, where food is generally served in disposable containers, and customers generally do the busing and clean up for themselves or foods.

e.         Customers purchase food, desserts or beverage for carryout.

One to fifty (50) seating capacity (1)

Each additional fifteen (15) seats or portion thereof (1)

14.       Tavern. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks are available for consumption on the premises.

One to fifty (50) seating capacity (3)

Each additional fifteen (15) seats or portion thereof (1)

15.       Laundry or dry cleaners. A business that provides washing, drying, and/or ironing services or machines for hire to be used by customers on the premises, per washing machine (1)

16.       Supermarket:

One to three (3) water fixtures (1)

Per three (3) water fixtures thereafter (1)

17.       Commercial business. All non-residential, non-institutional and industrial establishments, but not limited to and without regard to whether they are profit or nonprofit organizations or retail and/or wholesale establishments; including stores, garages, cleaning establishments, for-hire services, and all other business required to obtain occupational licenses.

Per first two thousand five hundred (2,500) square feet (1)

For each additional five thousand (5,000) square feet or part thereof (1)

18.       Office building. A building or portion of a building wherein services are performed involving predominately administrative, professional, or clerical operations.

For the first three thousand (3,000) square feet (1)

Per each additional three thousand (3,000) square feet or part thereof (1)

19.       Nursing/Convalescent home. A home institution, building or residence, public or private, whether operated for profit or not, presently licensed by the state, which provides maintenance, personal care or nursing for a period exceeding twenty-four (24) hours to three (3) or more ill, physically inform, convalescing, or aged persons who are not related by blood or marriage to the operator. The definition of nursing or convalescent home does not include hospitals, clinics or similar institutions, which are devoted primarily to the diagnosis and treatment of the sick or injured.

Per twenty-bed capacity (1)

For each additional ten (10) staff or segment thereof (1)

20.       Hospital. An establishment that: (a) offers services more intensive that those required for room, board, personal services, and general nursing care, and offers facilities and beds for use beyond twenty four (24) hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy, and (b) regularly makes available at least clinical laboratory services, diagnostic X-rays services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent, per bed (.5)

21.       Warehouse. A building used exclusively for the storage of goods and materials, per ten thousand (10,000) square foot gross floor area or part thereof (1)

22.       Industrial and manufacturing plant. A use reengaged in the basic processing and manufacturing of material or products predominately from extracted or raw material including citrus, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage of manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions or a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication assembly, treatment, packaging incidental storage, sales and distribution of such products, but excluding basic industrial processing, without use of water for processing per three thousand (3,000) square feet gross area or for five (5) employees, which ever is greater (1)

23.       Industrial and manufacturing plant using water for processing and/or has discharge to wastewater system shall be determined on an individual basis using two hundred fifty (250) gallons per day on a monthly basis for the calculation of unit (3)

24.       Barber shop-hair dresser:

One to three (3) sinks (1)

Each additional sink (1/3)

25.       Separate bathroom facilities. Bathroom facilities, including toilets and showers, constructed primarily to serve another structure or structures or activity not otherwise assigned as if the bathroom facilities were a part of the structure or activity served (1) 

26.       Establishments requiring service for irrigation or fire service will be handled on an individual basis using two hundred fifty (250) gallons per day on a monthly basis for the calculation of units. In any case, where use exceeds two hundred fifty (250) gallons per day on a monthly basis, units will be increased or flow will be restricted at the discretion of the Department.

27.       In the event that a business is described in the schedule by general classification but the particular nature of said business or structure would result in an inequitable connection charge if the schedule were used, the Department in its discretion may determine that a higher or lower number of units shall be used, but in no case shall a retroactive payment, credit or charge for a reclassification of use or number of units be due and payable to the owner or resident, unless the Department, in its sole discretion, determines that such a credit or charge is required by equitable consideration.

(Ord. No. 91-9, 3-12-91

Section 201.08. Rates And Charges

A.        Billing Charge. A charge will be applied to each bill issued by the Department for billing services.

B.        Base Facilities Charge where lines are available. This charge shall apply to every connected ERU and to each ERU reserved for future use in a development. This charge will apply until the facility is permanently disconnected from the system. For developments that have entered into an agreement with the County for reserving capacity, the fee shall commence upon the certification by the Department that County transmission, collections, and distribution lines are ready for use. For temporary disconnections, at the time of reconnecting, customers will pay the base facilities charge for each month the facility has been disconnected.

C.        Base Facilities Charge where capacity is reserved but lines are not available. The County may charge less than the standard fee until lines are ready for use.

D.        Volume charge. A charge will be imposed that is directly related to the volume of water consumed or sewage treated. The volume charge shall be increased twenty (20) percent after public hearing within fifteen (15) days in the event that the water management district declares a water emergency in Indian River County . Any such rate increase shall be rescinded upon termination of the water use emergency without further action of the County.

E.        Excess volume surcharge. A charge may be made for providing service to any customer in excess of the level of capacity purchased by the customer as represented by the number of ERU’s assigned to the customer and for which the customer purchased capacity through capacity charges. Such excess volume use may be prohibited by the Department if additional necessary capacity if not available.

F.         Excess sewage strength charge. All sewage discharged into the sanitary sewer system which has an average concentration of biochemical oxygen demand (BOD5) of two hundred fifty (250) milligrams per liter (mg/1) or greater or an average concentration or suspended solids of two hundred fifty (250) mg/1 or greater shall be subject to an excessive strength charge. The amount of the charge shall be equal to the charges multiplied by the greater of either of two (2) factors: the amount of the customer’s average concentration of suspended solids in mg/1 divided by two hundred fifty (250) minus one. Any customer may sample its sewage and have it analyzed by an analytical laboratory approved by the Florida Department of Environmental Protection. The County may sample and conduct analysis of the sewage produced by any customer to determine sewage strength. Where such analysis demonstrates that the customer’s sewage strength exceeds the standards given above, the customer will be subject to the excess sewage strength charge and shall reimburse the County for the cost of such analysis.

G.        Excess capital cost charge. The County may impose a charge on customers of a system where the water and/or sewer is acquired by the County at a cost in excess of that for which capacity charges have been paid.

H.        Deposits required upon opening, transferring, reconnecting; refund policy. The County shall required a deposit for each water and sewer account opened, transferred to another name, or reconnected to the system on the number of ERU’s. The deposit will be retained in an interest bearing account, the interest on which will be paid to the customer upon refund of the deposit. Upon discontinuance of service and rendering of final bill, the deposit shall be refunded less any amount remaining unpaid. In the event any customer’s service is shut off for non-payment, prior to reconnection the customer will pay accrued base facilities charge plus. If at the discretion of the Department it is necessary to insure payment, a deposit equal to twice the customer’s average monthly bill in lieu of following the schedule set forth hereafter. Customers who have not been assessed late payment fees or been shut off for non-payment for a period of twenty-four (24) months shall receive a refund of their deposit; except that deposits of customers who are tenants or who otherwise rent or lease the structure served by water or sewer utilities and including all commercial accounts will be retained until service is discontinued to that customer.

I.          Specific service charges to be established by resolution after public hearing

(1)       Water service connection. A water service connection charge will be imposed when County constructs a water lateral from customer’s property to the water main in adjacent street.

(2)       Sewer service connection. A sewer service connection charge will be imposed when County constructs a sewer lateral from customer’s property to main in street.

(3)       Sewer service disconnection. A charge will be imposed when the County disconnects sewer service for non-payment. The County will charge the customer for all direct labor, direct materials, direct overhead, fringe benefit factor, and for the County’s indirect costs, pursuant to a formula established by the Department.

(4)       Meter installation only. A charge, not including the cost of the meter vault, will be imposed where an existing available usable service lateral is presently installed.

J. Miscellaneous service charges.

(1)       Reconnection during normal working hours (8:30 a.m. 4p.m Monday through Friday excluding holidays) this charge is made upon initial service connection, change from temporary to permanent service, reconnection after delinquency shutoff, or for transfer of service from one location to another, where there was an existing service.

(2)       Reconnection during off-duty hours. A charge shall be made for service reconnection during other than normal working hours specified in subsection J. (1).

(3)       Meter re-reads and leak inspection. This charge is for special inspection at request of customers. If the re-read is a result of an error of the initial meter reading, this charge will not be assessed to the customer. The leak inspection charge will be assessed except where leak occurred in County-owned facilities.

(4)       Delinquency charge. County shall charge a delinquency charge on all outstanding balances including assessments, fees, charges, and other fees due if payment is not made in total by each payment deadline date.

(5)       General service calls. In all instances where County is requested to respond to a service call to correct a problem that was not caused by the County, the County may charge the responsible party for all direct fringe benefit factors and the County’s indirect cost rate pursuant to a formula established by the Department.

(6)       Meter Test. Upon request of a customer, the Department shall test a water meter to determine if the meter is operating within established standards, (ninety-five (95) to one hundred one and one half (101.5) percent of true. There shall be a non-refundable service charge if the meter is found to be operating accurately. If the meter is in error, i.e., outside the range of ninety-five (95) to one hundred one and one half (101.5) percent of true, then a billing adjustment will be made for a period not to exceed the past six (6) months of actual service. There shall be no charge for testing in the event the water meter has not been tested within the last five (5) years. The service charge may be applied against monies due in the event a meter after testing is found to be inaccurate with respect to the range established above.

(7)       Damage repair. A damage caused by the failure of a contractor or customer to properly locate and isolate water and sewer facilities shall be repaired by the County and charged to the responsible party or in the alternative, County may hire a contractor to perform the repair work and charge the responsible party for the repairs. In addition, the responsible party shall be fined for each such instance in accordance with provisions of this Chapter.

(8)       Line location. Same as general service calls

(9)       Engineering services. These fees will be assessed to defray the cost of processing a developer’s application for subdivision construction, site plan, reviewing the plans and inspecting the water and sewer facilities as constructed.

(10      Inspection fee. County shall charge on the basis of a flat fee established by the County or time, materials and overhead, whichever is greater.

(11)     Other miscellaneous charges. The County may impose other charges as necessary and appropriate to recover the costs of providing utility services.

K.        Additional costs for complex connections. The specific service charges adopted by the County are based on the average historical costs of such services. if in the event a particular service required by a customer is determined by the Department to have a cost which greatly exceeds the average, then such costs of service shall be negotiated between the Department and the customer and reduced to a written instrument approved by the customer and the Department.

L.         Annual fire protection charges. These charges are established to defray the cost of providing extra capacity in the water system and maintaining eater and fire protection facilities for customers having sprinkler systems, private fire lanes, etc, and they are designed to recover a portion of the availability cost and customer cost. In addition, this cost covers the additional capacity and expense associated with the line size and hydrants in the fire district.

(1)       Hydrants. The fire district wherein the water system and hydrants are located shall be the assessed the charge per hydrant annually, If the hydrant is accessible by a private entity only, then that entity shall be charged.

(2)       Fire systems. Each facility with a fire protection system shall be charged annually.

M.        Annual review of user charges and notice of rates.

(1)       Procedure. There shall be an annual review of user charges to ensure that adequate revenues are generated to cover operation, maintenance and placement costs and that these costs are distributed among users in proportion of the service provided.

(2)       Notice. There shall be an annual notification of the rates being charges to each user by inclusion of a notice within a regular bill.

N.        Pretreatment fees

(1)       Industrial users who are required to obtain an industrial discharge permit pursuant to Part III of this Chapter shall pay an initial application fee of one hundred fifty dollars ($150.00) and an annual fee of one hundred dollars ($100.00)

(2)       Industrial users who are required to submit monitoring reports pursuant to Part III of this shall be assessed a late fee of fifty dollars ($50.00) for each incidence of failure to submit a monitoring report within sixty (60) days of the designated monitoring date.

(Ord. No. 91-9, 3-12-91; Ord No. 92-35, §1, 9-1-92; Ord. No. 94-23 § 1, 7-25-94

Section 201.08.1. Fee-in-lieu-of-franchise-fee.

  (a)     County Department of Utility Services. Effective for all bills issued after January 1, 1997, there shall be charged by the County Department of Utility Services, a fee-in-lieu-of-franchise" fee in the amount of six (6) per cent of the gross revenue derived from the sale of water and sewer services. This fee shall be shown as a separate line item on customer bills, as if the County Department of Utility Services were a private corporation. The funds, so derived, shall be remitted monthly by the Department of Utility Services to the County to be used for any lawful purpose.

  (b)     City of Vero Beach Water , sewer, and electric services. Effective or all bills issued after March 1, 1987, those customers who reside in the unincorporated areas of the County and who receive water, sewer, and/or electric services from the City of Vero Beach will be charged, after adoption by the County and acceptance by the City, a six (6) per cent-in-lieu-of-franchise fee, based on the gross revenues derived by the City from the sale of water, sewer, and/or electric services. Said charges (fee) shall be shown on customer bills, as a separate line item, as if they were customers of a private utility corporation. The funds, so derived, shall be remitted monthly by the City to the County. Indian River County agrees to hold the City of Vero Beach harmless from any claims relating to payments made by the City to the County pursuant to this section.

  (c)      No franchise fee for separately billed reclaimed water. Notwithstanding any contract, ordinance, or [policy of the Board to the contrary, the County shall not charge any franchise fee on the portion of any utility bill for the cost of reclaimed water usage if the charge for the reclaimed water usage is shown as a separate line items on the utility bill. (Ord. O. 93-36, §1, 12-14-93; Ord. Np. 95-19 § 1, 8-1-95)

Section 201.09. Capacity charges.

A.        Capacity charge imposed. A Capacity Charge shall be imposed on each ERU responsible for creating the need for additional system expansion based on the equitable portion of the cost of funding the expansion of the County’s sewer and water systems. The obligation to pay the capacity charge shall occur when a building permit application is filed. Any person may elect to pre-pay the capacity charge to reserve plant capacity.

B.        Change in land use. If a building permit or certificate of occupancy is issued for an existing customer that results in a change in ERU designation, the total number of ERU’s for the old and new parts of the facility will be computed according to the definition of ERU’s and capacity charges shall be assessed on the difference.

C.        Use of proceeds. The proceeds accumulated by reason of the establishment of the capacity charges may be used for capital expenditures for the expansion of the County’s water system or wastewater system. The funds may be used for extending, over sizing, or constructing new additions to the treatment plant or distribution and/or collection and interceptor facilities so as to meet the increased demand which additional connections to the system create.

D.        Time payment of capacity charges upon showing of hardship. The County may allow payment of the water and/or sewer capacity charges in whole or in part over a period not to exceed five (5) years at such interest rate to be determined by the Board. This period may be extended to ten (10) years if the applicant can successfully demonstrate to the Department that all other funding sources have been exhausted and provided the Department does not have a cash flow problem. A superior lien for any such amount due shall be executed in recordable form reflecting the payment schedule and may be filled in the public records of Indian River County , Florida . Upon all payments being made in full, the lien shall be released of record.

E.        Refund of capacity charges. Any commercial customer whose maximum monthly water use or sewage flow remains below the amount corresponding to the number of ERU’s assigned to such customer for a period of twenty-four (24) months and for which capacity charges have been paid, may make application to the Department to reduce the number of ERU’s assigned and seek imbursement of capacity charges paid, as they are resold by the County. The County may refund capacity charges actually paid, without interest, based on the capacity charge schedule in effect at the time of original payment or at the prevailing rate, whichever is less, provided the Department has resold such ERU’s since the capacity charge refund application was made. Subsequent water use or sewage flow in excess of flows corresponding to customer’s number of assigned ERU’s will be subject to the provisions of this Chapter. (Ord. No. 91-9, 3-12-91; Ord No. 95-18 § 1, 8-1-95)

Section 201.10 Extension of water and sewer services within developments.

  Each developer shall be responsible for the design, installation, inspection and testing of the complete water distribution and sewage collection systems located in the street or streets adjoining or with the boundaries of the developer’s property. The developer with title to such facilities shall transfer title to the facilities to the County upon completion of construction, inspection, and testing and acceptance by the County.

  Water distribution and sewage collection systems shall include all component parts of water distribution system including values, fittings laterals, hydrants and all appurtenances as shown upon the approved design of such water distribution system and all the components of the sewage collection system, including all collection lines, manholes, force mains, lift or pumping stations, including the site for same, and all other appurtenances as shown on the approved design for installation of such sewage collection systems. The developer shall supply the County with two (2) sets of as built plans and mylars. (Ord. No. 91-9 3-12-91)

Section 201.11. Extension of water distribution and sewer services to developments.