14-1403 Deferrment of Utility Benefit & Connection Fees Until Issuance of Certificate of Occupancy

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ORDINANCE 14 -1403 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING CHAPTER 86, UTILITIES, TO CREATE A NEW SECTION 86 -3, AGREEMENT TO DEFER BENEFIT FEES AND CONNECTION FEES OR CHARGES TO ALLOW APPLICANTS FOR CONNECTION TO THE CITY WATER AND SEWER SYSTEMS TO DEFER PAYMENT OF FEES UNTIL ISSUANCE OF CERTIFICATE OF OCCUPANCY; TO AMEND SECTION 86 -68, BENEFIT FEE AND CONNECTION CHARGE; TO AMEND SECTION 86- 96, APPLICATION FOR SERVICE; PERMIT; AND TO AMEND SECTION 86 -186, BENEFIT FEE, CONNECTION FEE AND METER INSTALLATION CHARGE; PROVIDING FOR, CODIFICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, state law requires that water and sewer be in place concurrently with the construction of new development; and WHEREAS, Section 86 -68 currently provides that an applicant seeking to connect to the City's sanitary sewer system will pay a "benefit fee" and a "connection charge" at the time of applying for a building permit from the City of Casselberry to fund the expansion of the sewer system required to serve the new development; and WHEREAS, Section 86 -96 currently provides that an applicant seeking to connect to the City's sanitary sewer system will pay all costs, charges, fees and deposits incident to connection with the City's utility service at the time of application to fund the expansion of the sewer system required to serve new development; and WHEREAS, Section 86 -186 currently provides that an applicant seeking to connect to the City's water delivery system will pay a "benefit fee" and a " connection fee" at the time of applying for a building permit from the City of Casselberry to fund the expansion of the water system required to serve new development; and WHEREAS, the City of Casselberry has determined that it is in the best interest of the City to allow an applicant to enter into an agreement with the City to defer payment of the benefit fee and connection fee or charge; until such time as the City of Casselberry issues a Certificate of Occupancy to the applicant; and WHEREAS, the City of Casselberry proposes to create Section 86 -3, allowing for a Fee Deferral Agreement, provided that the applicant complies with certain requirements set forth therein; and