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 West Palm Beach
 Code of Ordinances
 Chapter 90. UTILITIES
 Article IV. STORMWATER UTILITY CODE

  § 90-169. Capital contributions.  

Latest version.

  • (a)

    Where the city has constructed or plans to construct stormwater facilities which are proposed to be used by a developer in lieu of a facility usually required to be constructed by a developer, the city may accept a capital contribution from the developer and waive certain construction requirements.

    (b)

    Procedures and standards developed by the city shall define appropriate means by which to optimize the developers capital contributions in the construction or refunding of stormwater systems. These capital contributions shall take the form of fee-in-lieu-of availability charges. Each situation will be analyzed by the city and a specific written decision will be developed. The application of each is defined as follows:

    (1)

    Fee-in-lieu-of is applied to a site specific negotiated procedure, wherein a development's stormwater contribution (quantity and quality) is assessed its share of the capital needs of the facilities required to serve the development in question. This capital contribution would be used for the construction or refunding of city-owned stormwater facilities. The process does not apply wherein the stormwater facilities are privately held. Each application is evaluated against the city's master plan, or where the master plan is incomplete, against the cumulative impacts from the development.

    (2)

    Availability charge is administered on a site specific basis identical to the fee-in-lieu-of procedure noted in subsection (b)(1) of this section. The only difference is that the capital investment advanced by the city in implementing a stormwater facility is now recovered through an availability charge. The capital charge is determined on a pro rata share of the capacity used by the new applicant as measured by the cumulative impact from the development upon all impacted facilities applied to the present worth of the original capital expenditure. In the case of a developer constructing stormwater management facilities in excess of site needs, the city may enter an agreement with that developer to rebate fee-in-lieu-of charges paid to the city by other developers utilizing those facilities over a period of time not exceeding seven years from the date of the agreement.

    (c)

    All development subject to the provision of this section shall pay a fee established by resolution of the city commission and on file in the city clerk's office.

(Code 1979, § 32-10)