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Orange County |
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Code of Ordinances |
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Chapter 37. WATER AND WASTEWATER |
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Article I. ORANGE COUNTY WATER, WASTEWATER AND RECLAIMED WATER SERVICE RULES |
§ 37-5. Application for water, wastewater and reclaimed water services.
(a)
Application for services; fees and charges. It shall be unlawful for any person to use water, wastewater or reclaimed water services without first making application to OCU for service and paying all required fees and charges. Fees and charges may include connection fees, meter set fees, capital charges, and other fees and charges for water, wastewater and reclaimed water services as established by the board by resolution or ordinance.
OCU will accept payment for fees and charges in U.S. dollars.
Applications for service shall be made on forms furnished by OCU and shall constitute an agreement by the applicant to abide by the rules of the county with regard to water, wastewater and reclaimed water services. The application for initial service to a property shall contain the legal description of the land constituting the area for which the service is to be provided, the recorded warranty deed or other recorded legal instrument conveying title of the land, and notarized signature of all landowners, or other persons legally empowered to act on behalf of the landowners and evidence of same.
The legal description shall include only those lands owned by the applicant (or the applicant's principal, if the applicant is an agent for the owner).
(b)
Capital charges.
(1)
General. The board has established water and wastewater capital charges as further described in this section. Capital charges shall be paid by those applicants who make new connections to the water or wastewater systems; or who increase flows to the water or wastewater systems by altering the interior or the use of an existing structure. All capital charges for new construction shall be paid immediately prior to the issuance of a building permit for vertical construction. Capital charges related to modifications to an existing structure shall be paid prior to issuance of a building permit or plumbing permit for the subject structure. An application for a building permit, including construction plans deemed minimally acceptable by OCU, is prerequisite to the payment of capital charges. The board may specify a different time of payment for capital charges by agreement, resolution, or condition of development approval. Also, whenever a federal, state or other non-county program pays at least seventy-five (75) percent of the total costs of a septic tank and/or potable well retrofit project making wastewater and/or water improvements that serve or benefit single-family residences, the board in its sole discretion may contribute an amount not to exceed twenty-five (25) percent of those total costs, and may waive capital charges for single-family residences as part of such contribution.
Capital charges and the rights to service related thereto shall be valid only for the property specified in the application for service, and the rights related to such capital charges may not be transferred or sold for use on any other property. Rights to service related to any ERCs/ERUs not yet connected to the utility system for which capital charges have been paid may be transferred to subsequent purchasers of the property referenced in the application, provided that OCU receives written notification of the transfer request and approves the transfer on forms prescribed by OCU.
Applicants who paid capital charges for development not permitted or connected prior to June 24, 2013, of this ordinance retain the right to connect the water or wastewater flow in GPD as calculated at the time of capital charge payment, subject to all applicable requirements of this article.
Applicants who paid capital charges prior to April 3, 2012, shall be subject to section 37-7 of this article regarding the refund of capital charges paid and the sale or transfer of the rights to service related to capital charges paid, and shall be subject to all other applicable requirements of this article.
Capital charges are calculated as described in this article. If OCU determines that, based on the ERC/ERU Factor Tables in effect when the capital charges were paid, the calculated capital charges for an establishment exceed the capital charges paid, due for instance, to a misrepresentation by the applicant, OCU may collect the additional capital charges applicable for that establishment at that time.
Except as otherwise provided in sections 37-5(b)(4) and (5), the capital charge per ERC and/or ERU that is used to calculate the total charges related to new construction or modifications shall be the charge in effect at the time of payment of capital charges.
(2)
Recapture. If a project is not connected to the water and/or wastewater system within two (2) years of the date that capital charges were initially paid, and the project no longer has a valid building permit, the rights to service related to the capital charges paid shall no longer be valid. The rights to service shall be rescinded and the related capital charges shall be refunded in the amount paid to OCU without interest and without regard to any intervening increases or decreases in capital charges. This timeframe may be extended beyond two (2) years if approved by the director. Refunds processed under this requirement shall not be subject to section 37-5(b)(3)a. and b., below.
Applicants who paid capital charges prior to April 3, 2012, are not subject to this recapture requirement. The board may adopt procedures in the future determining the rights and obligations of applicants who have paid capital charges prior to the date of this ordinance.
(3)
Refunds. An applicant may request a refund of water and/or wastewater capital charges paid related to unconnected ERCs/ERUs. Refunds will only be given for that portion of the capital charges relating to ERCs/ERUs that have never been connected to the utility system and do not have an active building permit. Refunds of capital charges paid prior to April 3, 2012, shall be processed in accordance with section 37-7 of this article. Refunds of capital charges paid after April 3, 2012, will be processed subject to requirements contained in this section. The requirements applicable to refunds are subject to change by ordinance or resolution and the applicant for a refund shall be subject to the requirements in effect at the time of the refund request.
a.
Applicant shall submit a request for a capital charge refund on a form prescribed by OCU.
b.
Refunds will only be approved when the following conditions exist:
1.
The refund will not result in the elimination, deferral or delay of capital improvements program expansion projects; and
2.
The refund will only be issued when capital charges received after the date of the refund request are equivalent to the requested refund amount.
Refund requests will be processed in the order received when both of the above conditions exist.
c.
The amount to be paid to an applicant for any refund requested shall be the amount paid to OCU by the applicant as capital charges related to the unconnected ERCs/ERUs without interest and without regard to any intervening increases or decreases in capital charges. For the purposes of determining the refund amount, the definition of ERC/ERU in effect at the time of capital charge payment shall be used.
The party requesting the refund shall have the burden of documenting the amount of the capital charges paid related to the unconnected ERCs/ERUs.
d.
If an applicant for a refund is delinquent on any account with OCU, the amount owed by the applicant may be withheld from the refunded amount and used to satisfy the obligation to OCU.
e.
Outstanding capacity maintenance fees shall offset against any potential refund rendered by OCU under this section. Capacity maintenance fees continue to be charged until a refund is issued unless an applicant for a refund irrevocably surrenders all or any portion of the rights to service relating to the capital charges paid by completing a form prescribed by the director and submitting the form to OCU. Upon receipt of such properly completed form by OCU, OCU will thereafter not charge additional capacity maintenance fees.
If, before a refund is issued, the applicant for a refund wishes to reinstate his or her rights to service related to the capital charges initially paid, the applicant may submit a request to be removed from the refund waiting list. The applicant shall remit payment of any outstanding capacity maintenance fees which would have come due during the time period the applicant was on the waiting list and shall remit any other outstanding fees and charges owed to OCU. Rights to service will be reinstated upon receipt of the above.
f.
Any entity requesting a refund, or receiving a refund in accordance with section 37-5(b)(2) of this article, must provide a lawyer's opinion letter to the director evidencing that such entity has the full legal right and authority to request and accept the refund on behalf of the applicant who paid the capital charges. The opinion letter shall further state that there are no encumbrances or claims to the capital charges of any kind that would affect the refund of the capital charges to the refund applicant. The opinion letter shall also state the following:
1.
The permit holder has actual knowledge that no FDEP collection or transmission system permits have been issued related to the capacity that is the subject of the refund; or
2.
A diligent search of the records of OCU, the FDEP, the permit holder, and any other pertinent records indicate that there is no valid FDEP collection or transmission system permit issued related to the capacity that is the subject of the refund.
If an applicant is receiving a refund in accordance with section 37-5(b)(2) of this article, and does not produce such an opinion letter, the refund will be issued to the applicant listed as having paid the capital charges, or the entity to whom the service rights were transferred to, based on the records of OCU.
The director shall be authorized to accept from the applicant an affidavit attesting to all of the foregoing on a case-by-case basis for a refund request that has a refund value of no more than seven thousand five hundred dollars ($7,500.00) after all capacity maintenance fees (if applicable) have been paid.
(4)
Water capital charge. Determination of water capital charges for development.
a.
Water capital charge established.
1.
The board previously adopted and hereby reconfirms the establishment of a water capital charge (previously known as a water capacity demand charge) and establishes the charge to be one thousand nine hundred seventy dollars ($1,970.00) per ERC. Development having construction plans submitted to OCU before February 1, 2019, but not approved by OCU and capital charges paid on or before July 31, 2019, will be assessed the water capital charge in effect at the time of payment of capital charges. Development having construction plans submitted before February 1, 2019, and approved by OCU and capital charges paid on or before July 31, 2019, will be assessed the water capital charge in effect on the date of submission of the construction plans to OCU. The board may modify the water capital charge by ordinance.
2.
Applicants who have paid the entire prevailing water capital charge before February 1, 2019, are exempt from paying subsequent incremental increases in the water capital charge for the ERCs.
3.
Any affordable single-family residential unit, affordable multifamily unit or affordable mobile home unit to be constructed within a project which has received a certificate of affordability from the county's department that handles community development and housing assistance matters shall be eligible for a discount on the applicable water capital charge according to Orange County Administrative Regulation 4.08, as it may be amended from time to time. However, the aforesaid discounts shall not apply to any such housing units constructed within a project for which water capacity is wholesaled unless the supplier of the wholesale service grants the same discounted charge to OCU. The county shall not increase the amount of the water capital charge payable under this section to replace any revenue lost on account of the discounts granted under this subsection. The board may adopt administrative regulations and guidelines to implement this section and to ensure that a housing unit which is granted a discount remains affordable.
4.
The board recognizes that construction of reclaimed water distribution systems within a residential subdivision will require additional expenditures by the developers of such projects. To offset their cost for constructing reclaimed water distribution systems to provide service to individual residential lots, the county will offer certain connection fee credits to developers constructing reclaimed water distribution systems within residential subdivisions as provided in section 37-4 of this chapter.
b.
Determination of water capital charges.
1.
The total water capital charges for a property shall be determined by using the following formula:
Total Water Capital Charges Due = Total ERC Value x Applicable Water Capital Charge per ERC
2.
For the purpose of calculating and applying the water capital charges for a specific property use, the total ERC value for a property shall be calculated by adding the applicable ERC factors set forth in the following "ERC Factors for Specific Property Uses" chart multiplied by the number of units for each factor:
ERC Factors for Specific Property Uses
Establishment Unit ERC Factor Residential: Single-family home, detached or townhome, with water meter less than 1 inch Home 1.000 Single-family home, with water meter 1 inch or larger By fixture units N/A Duplex, 1 or 2 bedrooms Each half of duplex 0.833 Duplex, 3 or more bedrooms Each half of duplex 1.000 Multifamily, efficiency or 1 bedroom Apartment 0.500 Multifamily, 2 or more bedrooms Apartment 0.833 Mobile home, 1 or 2 bedrooms Home 0.667 Mobile home, 3 or more bedrooms Home 0.833 Non-residential: Animal care facility/veterinary clinic Kennel, cage, or stall 0.091 Bowling alley (add for restaurant and bar seats that are separated) Bowling lane 0.333 Church (add for residences, weekday schools, and daycare facilities) Seat 0.017 Hair salon (add 0.3 ERCs for each pedicure station) Operator station 0.300 Hotel room or one-bedroom hotel suite (add for food service, meeting and banquet rooms, self-service laundries, and major facilities attracting non-guests) Room or suite 0.500 Hotel suite, two or more bedrooms (add for food service, meeting and banquet rooms, self-service laundries, and major facilities attracting non-guests) Suite 0.833 Industrial/production facility, without showers (add for food service and industrial/production process demands) Employee 0.050 Industrial/production facility, with showers (emergency showers not included, add for food service and industrial/production process demands) Employee 0.117 Irrigation 1,000 sq. ft. of irrigable area 0.159 Laundry, self-service Washing machine 1.333 Office building (add for food service) 1,000 sq. ft. gross floor area 0.334 Retail space By fixture units N/A Shell building (unfinished space) with fixtures present (Exception: if building is multi-unit with fixtures located in common areas, apply "office building" factor instead of fixtures) By fixture units N/A Trailer park (overnight) Each space 0.333 Warehouse/office, 3,000 sq. ft. or less By fixture units N/A Warehouse/office, larger than 3,000 sq. ft. By "office building" factor for office area. Warehouse area by bathroom fixture units as required by Plumbing Code (2 WC, 2 Lav, & 1 D.F.) plus any non-bathroom fixtures located in warehouse area Food Service: • If a restaurant eligible for a 25% capital charge reduction for the first 100 seats has mixed bar/restaurant seating, the reduction will apply to restaurant seats first, then to bar seats • Fast food classification applies to facilities with no table service, glassware, or washable plates and utensils Restaurant, any type, less than 20 seats By fixture units N/A Restaurant/cafeteria, per seat, first 100 seats Seat 0.075 Restaurant/cafeteria, per seat, seats other than first 100 Seat 0.100 Restaurant, twenty-four hour, per seat, first 100 seats Seat 0.125 Restaurant, twenty-four hour, per seat, seats other than first 100 Seat 0.167 Restaurant, fast food, per seat Seat 0.050 Bar/cocktail lounge, per seat, first 100 seats Seat 0.050 Bar/cocktail lounge, per seat, seats other than first 100 Seat 0.067 Healthcare: Dentist office Wet chair 0.650 Medical office By fixture units N/A Hospital Per bed 0.833 Nursing home Per bed 0.417 Extended care facility, efficiency or one bedroom (no additional charge for staff-operated facilities supporting residents' daily living activities) Housing unit 0.500 Extended care facility, two or more bedrooms (no additional charge for staff-operated facilities supporting residents' daily living activities) Housing unit 0.833 Theaters, Meeting and Banquet Rooms: Meeting and/or banquet rooms (seats = total sq. ft./15 sq. ft.) Seat 0.017 Theater Seat 0.010 Theater (dinner) Seat 0.067 Schools: Daycare or preschool Child, per permitted occupancy 0.025 Elementary school or kindergarten Student seat 0.025 Middle and high schools Student seat 0.067 College or technical school Student seat 0.067 College or technical school outside of a typical campus Student seat 0.025 Student housing, one bed (add for food service) Housing unit 0.500 Student housing, two beds (add for food service) Housing unit 0.583 Student housing, three beds (add for food service) Housing unit 0.833 Student housing, four or more beds (add for food service) Housing unit 1.000 Vehicle Fueling and Maintenance: Vehicle fueling station/convenience store (add for vehicle wash and repair bays) By fixture units N/A Vehicle repair/maintenance facility (add for additional uses) Repair bay 0.250 Vehicle wash facility (or by engineer's estimate if wash water recycle system is proposed) Wash bay 3.200 3.
One (1) equivalent residential connection (ERC), for the purposes of this section, shall have an assigned value of 1.000. One (1) ERC is hereby established and determined to be equal to a flow of two hundred seventy five (275) GPD, on an average annual basis. Nonresidential parcels shall have a maximum of one (1) meter per detached building and a minimum of one (1) ERC per meter.
4.
For all establishments not listed above, the total ERC value shall be determined by dividing the number of fixture units set forth in the following "Fixture Unit Table" by twelve (12). For example:
Total ERC Value = Number of Fixture Units x 1 ERC/12 Fixture Units
For fixtures not listed in the Fixture Unit Table, use fixture units shown in the currently adopted version of the Florida Building Code.
Fixture Unit Table
Non Residential:
Type of Fixture Fixture Units ERUs/ERCs Dish washer, by drain size, see below N/A N/A Drains, condensate 1.0 0.083 Drains, floor & fixtures not listed: 1¼ inch drainage outlet 1.0 0.083 Drains, floor & fixtures not listed: 1½ inch drainage outlet 2.0 0.167 Drains, floor & fixtures not listed: 2 inch drainage outlet 3.0 0.250 Drains, floor & fixtures not listed: 2½ inch drainage outlet 4.0 0.333 Drains, floor & fixtures not listed: 3 inch drainage outlet 5.0 0.417 Drains, floor & fixtures not listed: 4 inch drainage outlet 6.0 0.500 Drinking fountain, single or high/low combination 0.5 0.042 Lavatory (bathroom sink) 1.0 0.083 Showers, per head 3.0 0.250 Sink, service, hand 2.0 0.167 Sink, service, mop/janitor 3.0 0.250 Sink, pot/scullery 4.0 0.333 Sink, two-compartment 3.0 0.250 Sink, three-compartment 4.0 0.333 Urinal 4.0 0.333 Washing machine, non-coin operated, by drain size above N/A N/A Water closet (toilet) 6.0 0.500 Residential, with 1 Inch or Larger Potable Meter
Type of Fixture Fixture Units ERUs/ERCs Bathroom group (lavatory, water closet, bidet and bathtub/shower) 6.0 0.500 Half bath (lavatory and water closet) 4.0 0.333 Bathtub, with or without overhead shower 2.0 0.167 Clothes washer 2.0 0.167 Dishwasher 2.0 0.167 Hose Bibb 0.5 0.042 Lavatory (bathroom sink) 1.0 0.083 Shower stall 2.0 0.167 Sink, kitchen, with or without garbage grinder 2.0 0.167 Sink, laundry 2.0 0.167 Applicants with establishments that have water uses in addition to those for normal fixtures such as, but not limited to, water features in amusement parks, cooling water used for refrigerated storage or climate controlled storage, and water used in the manufacture of a product or other industrial use, shall submit an estimate of water usage prepared by a professional engineer licensed in the State of Florida. OCU shall have final discretion as to the acceptance or rejection of such estimates. Acceptance of such estimates may be granted subject to monitoring.
5.
If an applicant who applies for water connection after the adoption of this provision, within any of the categories set forth in subsection b., above, excluding single-family homes, duplexes, mobile homes (unless within a mobile home park as described herein), can demonstrate to the satisfaction of the utilities capital charge appeal board (UCCAB) that actual water usage will be less than eighty (80) percent of the ERC usage assigned to such establishment (as set forth above), based on actual usage of substantially similar projects, anticipated usage of substantially similar projects, use of new technology related to water saving devices, peak load requirements, or any combination of the foregoing using accepted engineering standards, then the UCCAB may determine a different ERC value. Such applicant must apply for appeal to the UCCAB, and bear the cost of the application fee, monitoring fee, and engineering study. A mobile home park may apply pursuant to this subsection if the mobile home park is under single ownership and contains five (5) or more mobile homes. Such application fee and monitoring fee for any appeal under this section may be established from time to time by resolution of the board of county commissioners. If the appeal is approved by the UCCAB, a capacity adjustment agreement will be entered into with the owner to ensure that water usage for such owner will be established and subsequently monitored on a routine basis. The agreement shall be approved by the board of county commissioners and executed by the Orange County Mayor following a recommendation for approval by the UCCAB. If OCU determines, based on monitoring, that:
a)
Consumption is greater than the ERC volume assigned by paragraph 5. above (the adjusted ERC value), but less than the eighty (80) percent of normal ERC volume, OCU will assess the difference in the then current capital charges between the adjusted ERC value and actual consumption.
b)
Consumption exceeds eighty (80) percent of the normal ERC volume; OCU will assess the difference in capital charges between the adjusted ERC and the normal ERC value, based upon the then current capital charge, and terminate the capacity adjustment agreement.
If an owner disagrees with the decision of the UCCAB, he may appeal the determination to the development review committee (DRC) in writing within thirty (30) days of the UCCAB decision. Thereafter, if the owner disagrees with the DRC's decision, then he may appeal to the board in writing within thirty (30) days of the DRC decision. The application fee for any appeal under this section may be established from time to time by resolution by the board.
c.
Water capital charge applicability to developers to be served by interim private water treatment facilities, where such facilities are permitted or authorized by the board.
Those developers who connect to interim private water treatment facilities shall pay the applicable water capital charges prior to the issuance of a building permit for vertical construction of the improvements to be served by the interim private water facility, or at such time as specified by agreement or condition of development approval. The board may, by agreement, allow the developer to defer the payment of such water capital charges by providing to OCU a letter of credit or cash escrow which is adequate and satisfactory to OCU to ensure the payment of the total water capital charges at the time the interim private water facilities are disconnected and the customers thereof are connected to the OCU water system.
d.
Capital improvement funds; establishment; expenditure guidelines; application; pledge to revenue bonds.
1.
The water capital charges collected pursuant to this article shall be deposited into a fund called the "Orange County Water System Capital Improvement Fund." The fees deposited in the above-mentioned fund shall be used only for the construction and acquisition of additions and extensions of the water system and all components thereof, including, but not limited to, production facilities, transmission facilities, and distribution facilities, in order to provide additional water service capacity to those customers who make new connections or increase flow to the water system.
2.
The board may, by resolution, provide for the application of some or all of the water capital charges to the payment or security for the payment of revenue bonds issued in whole or in part for the purpose set out in subsection 1., above, provided that the amount of water capital charges applied to the payment of such bonds shall not exceed the amount of bond proceeds actually expended for such purpose, with interest, at the average rate borne by such bonds. Such application or pledge may be made directly in the proceedings authorizing such bonds or in an agreement with an insurer of bonds to assure such insurer of additional security therefore.
(5)
Wastewater capital charge. Determination of wastewater capital charges for development.
a.
Wastewater capital charge established.
1.
The board previously adopted and hereby reconfirms the establishment of a wastewater capital charge and establishes the charge to be three thousand five hundred seventy dollars ($3,570.00) per ERU. Development having construction plans submitted to OCU before February 1, 2019, but not approved by OCU and capital charges paid on or before July 31, 2019, will be assessed the wastewater capital charge in effect at the time of payment of capital charges. Development having construction plans submitted before February 1, 2019, and approved by OCU and capital charges paid on or before July 31, 2019, will be assessed the wastewater capital charge in effect on the date of submission of the construction plans to OCU. The board may modify the wastewater capital charge by ordinance.
2.
With the exception of applicants who paid capital charges in accordance with Orange County Emergency Ordinance No. 83-21, approved on May 24, 1983, (3MGD Capacity), those who paid the entire prevailing wastewater capital charge before February 1, 2019, shall be exempted from paying subsequent incremental increases in the wastewater capital charge. Those who paid capital charges in accordance with Orange County Emergency Ordinance No. 83-21, approved on May 24, 1983, (3MGD Capacity) at one thousand six hundred dollars ($1,600.00), or their successors or assigns, shall pay three hundred dollars ($300.00) per ERU to OCU before connecting to the wastewater system.
3.
Nothing contained in the article shall be construed to repeal the board resolution dated December 8, 1980, adopting an industrial wastewater and pollution control charge schedule for Western Electric's industrial effluent, or County Ordinance No. 83-21.
4.
Any affordable single-family residential unit, affordable multifamily unit, or affordable mobile home unit to be constructed within a project which has received a certificate of affordability from the county's department that handles community development and housing assistance matters shall be eligible for a discount on the applicable wastewater capital charge according to Orange County Administrative Regulation No. 4.08, as it may be amended or replaced from time to time. However, the aforesaid discounts shall not apply to any such housing units constructed within a project for which wastewater capacity is wholesaled unless the supplier of wholesale service grants the same discounted charge to the OCU. The board shall not increase the amount of the wastewater capital charge payable under this section to replace any revenue lost on account of the discounts granted under this subsection. The board may adopt administrative regulations and guidelines to implement this section and to ensure that a housing unit which is granted a discount remains affordable.
5.
The board recognizes that construction of reclaimed water distribution systems within a residential subdivision will require additional expenditures by the developers of such projects. To offset their cost for constructing reclaimed water distribution systems to provide service to individual residential lots, the county will offer certain connection fee credits to developers constructing reclaimed water distribution systems within residential subdivisions as provided in section 37-4 of this chapter.
b.
Determination of wastewater capital charges.
1.
The total wastewater capital charges for a property shall be determined by using the following formula:
Total Wastewater Capital Charges Due = Total ERU Value x Applicable Wastewater Capital Charge per ERU
2.
For the purpose of calculating and applying the wastewater capital charge for a specific property, the total ERU value for a property shall be calculated by adding the relevant ERU factors listed in the following "ERU Factors for Specific Property Uses" chart multiplied by the number of units for each factor.
ERU Factors for Specific Property Uses
Establishment Unit Factor
(ERCs)Residential: Single-family home, detached or townhome, with water meter less than 1 inch Home 1.000 Single-family home, with water meter 1 inch or larger By fixture units N/A Duplex, 1 or 2 bedrooms Each half of duplex 0.833 Duplex, 3 or more bedrooms Each half of duplex 1.000 Multifamily, efficiency or 1 bedroom Apartment 0.500 Multifamily, 2 or more bedrooms Apartment 0.833 Mobile home, 1 or 2 bedrooms Home 0.667 Mobile home, 3 or more bedrooms Home 0.833 Non-residential: Animal care facility/veterinary clinic Kennel, cage, or stall 0.091 Bowling alley (add for restaurant and bar seats that are separated) Bowling lane 0.333 Church (add for residences, weekday schools, and daycare facilities) Seat 0.017 Hair salon (add 0.3 ERUs for each pedicure station) Operator station 0.300 Hotel room or one-bedroom hotel suite (add for food service, meeting and banquet rooms, self-service laundries, and major facilities attracting non-guests) Room or suite 0.500 Hotel suite, two or more bedrooms (add for food service, meeting and banquet rooms, self-service laundries, and major facilities attracting non-guests) Suite 0.833 Industrial/production facility, without showers (add for food service and industrial/production process demands) Employee 0.050 Industrial/production facility, with showers (emergency showers not included, add for food service and industrial/production process demands) Employee 0.117 Laundry, self-service Washing machine 1.333 Office building (add for food service) 1,000 sq. ft. gross floor area 0.334 Retail space By fixture units N/A Shell building (unfinished space) with fixtures present (Exception: if building is multi-unit with fixtures located in common areas, apply "office building" factor instead of fixtures) By fixture units N/A Trailer park (overnight) Each space 0.333 Warehouse/office, 3,000 sq. ft. or less By fixture units N/A Warehouse/office, larger than 3,000 sq. ft. By "office building" factor for office area. Warehouse area by bathroom fixture units as required by Plumbing Code (2 WC, 2 Lav, & 1 D.F.) plus any non-bathroom fixtures located in warehouse area Food Service: • If a restaurant eligible for a 25% capital charge reduction for the first 100 seats has mixed bar/restaurant seating, the reduction will apply to restaurant seats first, then to bar seats • Fast food classification applies to facilities with no table service, glassware, or washable plates and utensils Restaurant, any type, less than 20 seats By fixture units N/A Restaurant/cafeteria, per seat, first 100 seats Seat 0.075 Restaurant/cafeteria, per seat, seats other than first 100 Seat 0.100 Restaurant, twenty-four hour, per seat, first 100 seats Seat 0.125 Restaurant, twenty-four hour, per seat, seats other than first 100 Seat 0.167 Restaurant, fast food, per seat Seat 0.050 Bar/cocktail lounge, per seat, first 100 seats Seat 0.050 Bar/cocktail lounge, per seat, seats other than first 100 Seat 0.067 Healthcare: Dentist office Wet chair 0.650 Medical office By fixture units N/A Hospital Per bed 0.833 Nursing home Per bed 0.417 Extended care facility, efficiency or one bedroom (no additional charge for staff-operated facilities supporting residents' daily living activities) Housing unit 0.500 Extended care facility, two or more bedrooms (no additional charge for staff-operated facilities supporting residents' daily living activities) Housing unit 0.833 Theaters, Meeting and Banquet Rooms: Meeting and/or banquet rooms (seats = total sq. ft./15 sq. ft.) Seat 0.017 Theater Seat 0.010 Theater (dinner) Seat 0.067 Schools: Daycare or preschool Child, per permitted occupancy 0.025 Elementary school or kindergarten Student seat 0.025 Middle and high schools Student seat 0.067 College or technical school Student seat 0.067 College or technical school outside of a typical campus Student seat 0.025 Student housing, one bed (add for food service) Housing unit 0.500 Student housing, two beds (add for food service) Housing unit 0.583 Student housing, three beds (add for food service) Housing unit 0.833 Student housing, four or more beds (add for food service) Housing unit 1.000 Vehicle Fueling and Maintenance: Vehicle fueling station/convenience store (add for vehicle wash and repair bays) By fixture units N/A Vehicle repair/maintenance facility (add for additional uses) Repair bay 0.250 Vehicle wash facility (or by engineer's estimate if wash water recycle system is proposed) Wash bay 3.200 3.
One (1) ERU, for the purposes of this section, shall have an assigned value of 1.000. One (1) ERU is hereby established and determined to be equal to a flow of two hundred twenty five (225) GPD, on an average annual basis. Nonresidential parcels shall be assessed a minimum of one (1) ERU per billing meter.
4.
For all establishments not listed above, the total ERU value shall be determined by dividing the number of fixture units set forth in the "Fixture Unit Table" below, by twelve (12). For example:
Total ERU Value = Number of Fixture Units x 1 ERU/12 Fixture Units
For fixtures not listed in the Fixture Unit Table, use fixture units shown in the currently adopted version of the Florida Building Code.
Fixture Unit Table
Non Residential:
Type of Fixture Fixture Units ERUs/ERCs Dish washer, by drain size, see below N/A N/A Drains, condensate 1.0 0.083 Drains, floor & fixtures not listed: 1¼ inch drainage outlet 1.0 0.083 Drains, floor & fixtures not listed: 1½ inch drainage outlet 2.0 0.167 Drains, floor & fixtures not listed: 2 inch drainage outlet 3.0 0.250 Drains, floor & fixtures not listed: 2½ inch drainage outlet 4.0 0.333 Drains, floor & fixtures not listed: 3 inch drainage outlet 5.0 0.417 Drains, floor & fixtures not listed: 4 inch drainage outlet 6.0 0.500 Drinking fountain, single or high/low combination 0.5 0.042 Lavatory (bathroom sink) 1.0 0.083 Showers, per head 3.0 0.250 Sink, service, hand 2.0 0.167 Sink, service, mop/janitor 3.0 0.250 Sink, pot/scullery 4.0 0.333 Sink, two-compartment 3.0 0.250 Sink, three-compartment 4.0 0.333 Urinal 4.0 0.333 Washing machine, non-coin operated, by drain size above N/A N/A Water closet (toilet) 6.0 0.500 Residential, with 1 Inch or Larger Potable Meter
Type of Fixture Fixture Units ERUs/ERCs Bathroom group (lavatory, water closet, bidet and bathtub/shower) 6.0 0.500 Half bath (lavatory and water closet) 4.0 0.333 Bathtub, with or without overhead shower 2.0 0.167 Clothes washer 2.0 0.167 Dishwasher 2.0 0.167 Hose Bibb 0.5 0.042 Lavatory (bathroom sink) 1.0 0.083 Shower stall 2.0 0.167 Sink, kitchen, with or without garbage grinder 2.0 0.167 Sink, laundry 2.0 0.167 Applicants with establishments that have wastewater flows in addition to those for normal fixtures such as, but not limited to, water features in amusement parks, cooling water used for refrigerated storage or climate controlled storage, and wastewater flows related to the manufacture of a product or other industrial use, shall submit an estimate of wastewater flows prepared by a professional engineer licensed in the State of Florida. OCU shall have final discretion as to the acceptance or rejection of such estimates. Acceptance of such estimates may be granted subject to monitoring.
5.
If an applicant who applies for wastewater connection, after adoption of this provision, within any of the categories set forth in subsection b. above, excluding single-family homes, duplexes, mobile homes (unless within a mobile home park as described herein), can demonstrate to the satisfaction of the UCCAB that actual wastewater flow will be less than eighty (80) percent of the ERU usage assigned to such establishment as set forth above, based on actual flow of substantially similar projects, anticipated flow of substantially similar projects, use of new technology related to water saving devices, peak load requirements, or any combination of the foregoing using accepted engineering standards, then the UCCAB may determine a different ERU value. Such applicant must apply for appeal to the UCCAB and bear the cost of the application fee, monitoring fee, and engineering study. A mobile home park may apply pursuant to this subsection if the mobile home park is under single ownership and contains five (5) or more mobile homes. Such fee and monitoring fee for any appeal under this section may be established from time to time by resolution of the board. If the appeal is approved by the UCCAB, a capacity adjustment agreement will be entered into with the owner to ensure that wastewater usage for such owner will be established and subsequently monitored on a routine basis. The agreement shall be approved by the board of county commissioners and executed by the Orange County Mayor following a recommendation for approval by the UCCAB. If OCU determines, based on monitoring, that:
a)
Consumption is greater than the ERU volume assigned by Orange County Code in paragraph 5. above (the adjusted ERU value), but less than the eighty (80) percent of normal ERU volume, OCU will assess the difference in the then current capital charges between the adjusted ERU value and actual consumption.
b)
Consumption exceeds eighty (80) percent of the normal ERU volume; OCU will assess the difference in the capital charges between the adjusted ERU and the normal ERU value, based upon the then current capital charge, and terminate the capacity adjustment agreement.
If an owner disagrees with the decision of the UCCAB, he may appeal the determination to the DRC in writing within thirty (30) days of the UCCAB decision. Thereafter, if the owner disagrees with the DRC's decision, then he may appeal to the board in writing within thirty (30) days of the DRC decision.
The application fee for any appeal under this section may be established from time to time by resolution by the board.
c.
Wastewater capital charge applicability to developers to be served by interim private wastewater treatment facilities, where such facilities are permitted or authorized by the board.
Those developers who connect to interim private wastewater treatment facilities shall pay all applicable wastewater capital charges prior to the issuance of a building permit for vertical construction of the improvements to be served by the interim private wastewater facility, or at such time as specified by agreement or condition of development approval. The board may, by agreement, allow the developer to defer the payment of such wastewater capital charges by providing to OCU a letter of credit or cash escrow which is adequate and satisfactory to OCU to ensure the payment of the total wastewater capital charges at the time the interim private wastewater facilities are disconnected and the customers thereof connected to the county wastewater system.
d.
Capital improvement funds; establishment; expenditure guidelines; application; pledge to revenue bonds.
1.
The wastewater capital charges collected pursuant to this article shall be deposited into a fund called the "Orange County Wastewater Capital Improvement Fund." The fees deposited in the above-mentioned fund shall be used only for the construction and acquisition of additions and extensions to the county wastewater system and all components thereof, including, but not limited to, collection facilities, transmission facilities, treatment facilities, effluent disposal facilities and reclaimed water facilities in order to provide additional wastewater service capacity to those new customers who connect to or increase flow to the wastewater system.
2.
The board may, by resolution, provide for the application of some or all of the wastewater capital charges to the payment or security for the payment of revenue bonds issued in whole or in part for the purpose set out in subsection 1. above, provided that the amount of wastewater capital charges applied to the payment of such bonds shall not exceed the amount of bond proceeds actually expended for such purpose, with interest, at the average rate borne by such bonds. Such application or pledge may be made directly in the proceedings authorizing such bonds or in an agreement with an insurer of bonds to assure such insurer of additional security therefore.
(c)
Capacity maintenance fee.
(1)
Fee adopted; calculation. The board has previously adopted by resolution, and hereby reconfirms, pursuant to general law, a wastewater capacity maintenance fee to be charged for each unconnected ERU per year. The amount of the wastewater capacity maintenance fee may be amended or superseded by ordinance or resolution from time to time. Entities that paid capital charges prior to June 24, 2013, shall be assessed capacity maintenance fees for the number of ERUs based on the definition of an ERU in effect at the time of capital charge payment.
(2)
Applicability. The wastewater capacity maintenance fee shall be paid annually, at the time specified in paragraph (4) below, by all customers who have paid capital charges, and by all those customers who have an agreement authorizing connection to any OCU water or wastewater treatment facility, as specified in such agreements.
(3)
Automatic annual increase. The board previously adopted and hereby reestablishes an automatic annual three (3) percent increase in the wastewater capacity maintenance fee, effective the first day of October 1983 and each October 1 thereafter. The increase shall not occur in any fiscal year in which the board passes a resolution repealing the automatic three (3) percent increase for that fiscal year.
(4)
When payable.
a.
Wastewater capacity maintenance fee. The wastewater capacity maintenance fee is payable for each unconnected ERU or prorated portion thereof, unless the rights to service related to the capital charges paid have been surrendered in accordance with sections 37-5(b)(2) and 37-5(b)(3).
Any person or entity that pays wastewater capital charges shall begin paying wastewater capacity maintenance fees twenty-four (24) months after the date the capital charges are paid and shall continue to do so annually on the anniversary of the date the capital charges were originally paid.
b.
All unpaid capacity maintenance fees shall be assessed, and no connection shall be allowed, to any OCU water or wastewater system until all such unpaid capacity maintenance fees have been paid in full. After thirty (30) days from the certified mailing of notice of overdue payment of annual capacity maintenance fees (whether or not the notice is delivered), OCU shall have the right to offset the overdue capacity maintenance fees against the capital charges paid, which results in reduction of available ERUs that may be connected to the utility system.
c.
The obligation to continue paying the annual capacity maintenance fee for a particular ERU shall terminate upon connection of that particular ERU to the OCU wastewater system. Connection to the wastewater system shall be defined as the date of the final plumbing inspection.
(Ord. No. 2012-08 , § 1, 4-3-12; Ord. No. 2013-15 , § 1, 6-18-13; Ord. No. 2014-28 , § 1, 10-21-14; Ord. No. 2018-15 , § 1, 6-19-18)