HomeMy Public PortalAbout2006-05 ORDINANCE NO. 2-2006
CAPITAL COST RECOVERY FEES /WATER
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF
TYBEE ISLAND, TO IMPOSE A CAPITAL COST RECOVERY FEE, TO PROVIDE A
METHOD TO CALCULATE SUCH FEE, TO MAINTAIN AN ACCOUNT TO WHICH
SUCH FEES SHALL BE DEPOSITED AND TO PROVIDE FOR THE PURPOSE OF SUCH
ACCOUNT AND FOR THE EXPENDITURE FROM FUNDS THEREFROM, TO PROVIDE
AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia
is authorized under Article 9, Section 2, ¶ 3, of the Constitution of the State of Georgia to adopt
reasonable Ordinances to protect and improve the public health, safety, welfare and aesthetics of
the citizens of the City of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority of the City of Tybee Island is the
Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt Ordinances and regulations under
their police and home rule powers to regulate the development in the City consistently with
infrastructure limitations and to control the cost associated with providing services including
waste water treatment and potable water supply; and
WHEREAS, the City of Tybee Island has adopted a master plan and the governing
authority has developed a master plan and desires to adopt an ordinance consistent therewith; and
WHEREAS, the shortage of potable water into the projected future has reached a critical
stage and alternative sources of reaching potable water have become of utmost importance; and
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WHEREAS, the Environmental Protection Division of the Department of Natural
Resources has consulted with the City regarding demands on the City's infrastructure and the
limitations on the City's permitted water drawing capacity; and
WHEREAS, the sole source of potable water is the upper floridan aquifer and no other
opportunities or sources currently exist; and
WHEREAS, the City is exploring ways of conserving water usage and for alternative
sources of potable water and needs to generate funds in connection with such alternative sources;
WHEREAS, the City has investigated the number of possible remaining taps for
development of the island and the impact thereof on the existing water supply and recent
studies have indicated that Tybee is adjacent to a cone of depression of salt water intrusion into
the upper floridan aquifer; and
WHEREAS, the City has been advised that it would cost approximately one million
dollars to drill wells to reach the lower aquifer assuming permits therefore could be granted,
exclusive of equipment required to treat the water contained therein to render it potable, which is
expected to cost $2,000,000.00 - $4,000,000.00; and
WHEREAS, capital equipment such as that necessary to monitor the water system and
sewer treatment facilities of the City to permit the rapid detection of remote leaks are necessary
and have an estimated cost of $450 - 500,000.00; and
WHEREAS, the City desires to install a system for the delivery of treated effluent from
the sewage treatment plant for the sole purpose of irrigation in order to lessen the strain upon the
supply of drinking water for the City caused by the installation of additional taps thereto, such
capital improvements having an estimated cost of $5,000,000.00; and
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WHEREAS, the City wishes to expand its public outreach programs in order to better
inform the citizens of the need and available means of conserving as much water as possible in
order to extend the viability of the City's potable water supply;
NOW THEREFORE BT IT ORDAINED by the governing authority of the City of Tybee
Island, Georgia duly authorized as follows:
The Code of Ordinances for the City of Tybee Island shall be amended so as to provide a
new section to be entitled "Capitol Cost Recovery Fees /Water" and to state the following:
SECTION ONE
There is hereby imposed upon any new applications for subdivisions, commercial or
industrial developments and/or building permits a "Capital Cost Recovery Fee /Water" which
shall be subject to the terms of this Ordinance.
SECTION TWO
A capital cost recovery fee shall be paid to the City at the time of an application for the
granting of a building permit and /or the connection to water facilities of the City, whichever first
occurs.
SECTION THREE
In addition to the capital cost recovery fee /water established herein, the connection or tap
fee established by other ordinances will be paid and each property owner or developer is
responsible for all cost of installing and maintaining the service connection from a building to a
tap.
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SECTION FOUR
The payment of the fee provided for herein shall not be a condition for any
developmental approval by the City and shall solely constitute a condition for access to the
public water supply.
SECTION FIVE
The Capital Cost Recovery Fee shall be $2,000.00 for each tap.
SECTION SIX
The funds generated by the Capital Cost Recovery Fee /water shall be deposited into a
Capital Cost Recovery Fee/water interest - bearing account to be maintained by the City to offset
the anticipated future cost of alternative water sources and capital conservation improvements.
The City will be exploring the methods of securing additional water sources conserving existing
sources and the sole purpose for the use of these funds and interest generated thereon shall be the
exploration for such sources, the securing and development of such sources, and the capital cost
associated therewith.
SECTION SEVEN
On at least an annual basis, the City, through staff and the Mayor and Council shall re-
evaluate the progress on generating additional sources or alternate sources of potable water and
shall consider adjustments necessary in the capital cost recovery fee/water after taking into
account the then- existing capacity remaining within the City's current permitting capacity and
the projected cost of alternative sources and other related factors, including, but not limited to,
permitting capacity and impact of new technologies.
Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be
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declared invalid by the valid judgment or decrees of any court of competent jurisdiction, such
illegalities shall not effect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
expressly repealed.
Adoption/Effective Date. The adoption date of this ordinance is
N (�
�.., ' k ��. k (.;.r,,, (c , 2006, and it shall become effective on that date.
TRST READ G _ 1 ' al fl
SECOND READING l 9,(C ) L
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IVYOR
ATTEST:
'''( _ ),k..) Cir.V-IL, ili i '
Clerk of Council
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