Commission Meeting Agenda Item
Ordinance 2020-03 (Second and Final Reading) — An Ordinance of the Town Commission of the Town of Lady Lake, Florida, Amending Chapter 13 of the Town of Lady Lake Code of Ordinances Providing for the Setting of Water, Wastewater and Reclaimed Water Impact Fee Rates; Providing for Severability; Providing for Codification; Providing an Effective Date
Public Works — Utilities
Staff Recommended Motion
Staff recommends approval of first reading of Ordinance 2020-03.
The Town Commission recently accepted the findings of the Water, Wastewater, and Reclaimed Water Impact Fees Study performed by the consultant, Stantec. This ordinance amends the current impact fees rates to those recommended in the study. There have been no changes to the ordinance since first reading.
Source of Funding
Draft Ordinance 2020-03
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF LADY LAKE, FLORIDA, AMENDING CHAPTER 13 OF THE TOWN OF LADY LAKE CODE OF ORDINANCES PROVIDING FOR THE SETTING OF WATER, WASTEWATER AND RECLAIMED WATER IMPACT FEE RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Lady Lake continues to develop and expand by annexation and by increased development of property currently within the municipal boundaries; and
WHEREAS, the Town of Lady Lake has undertaken a reasonable analysis for the determination of the impact of new development on the need for and costs of additional water, wastewater and reclaimed water facilities and capital improvements in the Town of Lady Lake; and
WHEREAS, the Town of Lady Lake has adopted a comprehensive plan which requires the Town to plan for the financial requirements of growth and intensified uses; and
WHEREAS, the imposition of water, wastewater and reclaimed water impact fees is seen as a proper means of requiring growth to help defray the capital expenditures necessary by such growth.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF LADY LAKE THAT:
Section 1: Findings
The Land Development Code of the Town of Lady Lake, Florida, dated August 15, 1994 (the “Land Development Code”), is hereby amended as provided below:
Chapter 17 — Sign Regulations, Sections 17-1), 17-2), 17-3), 17-4), 17-5), and 17-7) of the Land Development Regulations amended as set forth in Exhibit “A”.
Section 2: Amendment
Chapter 13 entitled “Special Assessments, Impact Fees, Supplemental Fees” of the Town of Lady Lake Code Of Ordinances is hereby amended as follows:
A. At the option of the fee payer, the amount of the water, wastewater and/or reclaimed water impact fees may be determined by the following fee schedule attached hereto as Exhibit “A.”
EXHIBIT “A” — SCHEDULE OF WATER, SEWER, AND RECLAIMED WATER IMPACT FEES
|Impact Fee per ERU
|Impact Fee per ERU
|Impact Fee per ERU
The payment of the water, wastewater and reclaimed water impact fees shall be in addition to all other fees, charges or assessments due for the issuance of a building permit or final development order. These fees were calculated based on a model developed by Stantec in their 2020 study, “Town of Lady Lake Water, Wastewater and Reclaimed Water Impact Fee Study.” This model was crafted to meet the common law and statutory requirement that the fee (1) have a rational nexus between the anticipated need for additional capital facilities and growth and population, and (2) have a rational nexus between the expenditure of funds collected and the benefits accruing to the growth. See § 163.31801, Florida Statutes; St. Johns County v. Northeast Florida Builder’s Association, Inc.
Section 3: Severability
The provisions of this ordinance are declared to be separable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.
Section 4: Conflicts
All ordinances or part of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed.
Section 5: Codification
The provisions of this Ordinance shall be codified as and become part of the Codes of Ordinances, Town of Lady Lake. The sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section", "Article", or other appropriate word.
Section 6: Applicability
This Ordinance does not have retroactive applicability and does not apply to applications filed prior to the effective date of this Ordinance.
Section 7: Effective Date
This ordinance shall become effective on the ninetieth day after final reading and adoption by the Town Commission of Town of Lady Lake, Florida as provided by law.
PASSED AND ORDAINED this 6th day of July, 2020 in the regular session of the Town Commission of the Town of Lady Lake, Lake County, Florida, upon the Second and Final Reading.
Town of Lady Lake, Florida
Jim Richards, Mayor
Kristen Kollgaard, Town Clerk
Approved as to form:
Derek Schroth, Town Attorney