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HomeMy WebLinkAboutOrdinance No. 2026-018d C� NT CITY OF CLERMONT �¢o.p,.. ORDINANCE N0.2026-018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA AMENDING CHAPTER 30, SOLID WASTE, OF THE CITY OF CLERMONT CITY CODE, CREATING A NEW ARTICLE III, SOLID WASTE IMPACT FEE; SECTION 30-33, FEE IMPOSITION; SECTION 30-34, ADOPTION OF TECHNICAL REPORT AS BASIS OF IMPACT FEES; SECTION 30-35, DEFINITIONS; SECTION 30-36, DETERMINATION OF FEE; SECTION 30-37, COLLECTION OF SOLID WASTE IMPACT; SECTION 30-38, SOLID WASTE IMPACT FEE SCHEDULE; SECTION 30-39, USE OF FUNDS COLLECTED; SECTION 30-40, EXEMPTIONS; SECTION 30-41, INTERPRETATION OF ARTICLE AND FEE SCHEDULE; SECTION 30-42, EFFECT ON OTHER REGULATIONS AND REQUIREMENTS; SECTION 30-43, ALTERNATIVE CALCULATION OF SOLID WASTE IMPACT FEES; AND SECTION 30-44, APPEALS; AND SECTION 30-45, UPDATING, ANNUAL REPORTING, AND AUDITS; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS, PUBLICATION AND EFFECTIVE DATE. WHEREAS, the imposition of impact fees is one of the City's preferred methods of ensuring that development and growth pays a proportional share of the cost of capital facilities necessary to accommodate such development; and WHEREAS, as required under Section 163.31801(4), Florida Statutes, impact fees must be based on the most recent available City -specific data and meet the following requirements, as shown below: 1. The calculation of the impact fee must be based on the most recent and localized data. 2. The local government must provide for accounting and reporting of impact fee collections and expenditures. If a local governmental entity imposes an impact fee to address its infrastructure needs, the entity must account for the revenues and expenditures of such impact fee in a separate accounting fund. 3. Administrative charges for the collection of impact fees must be limited to actual costs. 4. The local government must provide notice not less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A municipality is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. 5. Collection of the impact fee may not be required to occur earlier than the date of issuance of the building permit for the property that is subject to the fee. 6. The impact fee must be proportional and reasonably connected to, or have a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction. 7. The impact fee must be proportional and reasonably connected to, or have a rational nexus with, the expenditure of the funds collected and the benefits accruing to the new residential or non-residential construction. d , CITY OF CLERMONT , ORDINANCE NO.2026-018 The local government must specifically earmark funds collected under the impact fee for use in acquiring, constructing, or improving capital facilities to benefit new users. Revenues generated by the impact fee may not be used, in whole or in part, to pay existing debt or for previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by the new residential or non- residential construction. WHEREAS, the consultant team of Wright -Pierce and Innovative Technical Solutions, LLC (ITS) prepared a Technical Report entitled City of Clermont Solid Waste Program Impact Fee Study, dated September 2025, (Technical Report) which presented an impact analysis of development/growth on the City's solid waste program; and WHEREAS, the purpose of the ordinance is to regulate the use and development of land so as to assure that new development (or annexation into the City's service area) bears a proportionate share of the cost of capital expenditures necessary to provide solid waste collection, transfer and disposal within the City Limits of the City of Clermont, which will be impacted by such new development; and WHEREAS, the City's Comprehensive Plan dictates that the Capital Improvements Element shall be updated annually to meet the City's existing and projected needs for the construction of capital facilities necessary to meet existing deficiencies, to accommodate desired future growth and to replace obsolete or worn-out facilities. WHEREAS, Policy 1.1.6 of the City's Comprehensive Plan allows the City to develop, adopt and implement City impact fees for the purpose of subsidizing the costs of public facility improvements; and WHEREAS, the Clermont City Council accepts the finding of the Technical Report, as more particularly described in Exhibit `A', incorporated herein by reference. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA: SECTION 1. The above -stated recitals are hereby adopted as Findings in support of this Ordinance. SECTION 2. Chapter 30, SOLID WASTE, of the City of Clermont Code of Ordinances, is hereby amended to read as follows (underlined indicates added language, strikethrough indicates deleted): ARTICLE III. — SOLID WASTE IMPACT FEE Sec. 30-33. — Fee Imposition. d CLE N,', CITY OF CLERMONT �.da.oa. ORDINANCE NO.2026-018 There is hereby, imposed upon all impact -generating land development activity, resulting in the issuance of a Certificate of Occugancy, in the City Limits a solid waste impact fee due grior to the Ci 's placement of solid waste receptacles for the collection transfer and disposal of solid waste. However, if the building permit for new development is for less than the entire contemplated development, the fee shall be computed for the amount of development covered by the permit. The obligation for payment of impact fees shall run with the land. as shall the resultin privilege. Sec. 30-34. - Adol2tion of technical rel2ort as basis of inact fees. The City hereb • adopts and incolporates by reference the most recent version of the Technical Report, which among other thins supports the rates and reasonableness of the im act fees imposed by this Article. Sec. 30-35. — Definitions. The following words, terms and phrases. when used in this Division, shall have the meanings ascribed to them in this Section except where the context clearly, indicates a different meaning: Applicant means the person who applies for a certificate of occupancy or building permit: typically refers to the propeowner or a duly designated agent of the roe owner. Building permit means an official document or certificate issued by the City authorizing the commencement of construction of any structure. Capital cost includes the following, costs as they relate to the use of impact fees for the purpose of expanding the City's solid waste service area for new development or annexation: 1 ] The cost of all labor and materials for capital improvements to expand capacity of existing facilities (2) The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition: (3) The cost of all planning activities, including engineering evaluations and studies to determine expansion requirements, engineering and legal services; 4 The cost of all plans andspecifications.• (5) The cost of all equipment that adds capacity to the solid waste collection, transfer and disposal system, including solid waste collection vehicles, (6) The cost of all construction for a City owned and operated solid waste transfer station; 7 The cost of all equipment necessM tooperate a solid waste transfer station d`: CITY OF CLERMONT CORDINANCE NO.2026-018 (g) The cost of relocating utilities and roadway infrastructure to accommodate new solid waste transfer station facilities: (9) The cost of all land surveying. and soils and construction materials testing (10) The cost of mitigating negative impacts of construction of new solid waste transfer station facilities including natural resource impacts, environmental impacts, noise impacts. air qualily impacts, and communi1y impacts. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs. Capital improvement includes the planning of, engineering for, acquisition of land or equipment. and the construction of improvements for solid waste collection. transfer and disposal facilities and infrastructure. Commercial means a propeily uses that sells goods or services at retail. Development means any construction or expansion of building(s) or structure(s), or any changes in the use of and building(s) or structure(s) or land use that will generate additional impact on the Cit 's public facilities. Director means the Public Services Director or designee. Essential public services means services or buildings owned, managed, or operated by or in the interest of a governmental entity. which provides a function critical to the health safety, and welfare of the public, but which is not proprietary in nature. Essential public services may sRecifically include but not be limited to, public schools (including charter schools), water and sewer services, solid waste collection, transfer and disposal, emergency services, rvices, publicly owned housing. public safety facilities and services. Feepaver means any person who seeks to develop land by applying for a building permit to make an improvement to land which will generate additional impacts, or who shall by annexation require solid waste collection services by the City. shall be reQuired to pay im act fees in the manner and amount set forth in the ordinances of the City. Level of service means a measure of the availabilit\ and accessibility of public facilities in support of public facility services. Person means any individual, partnership, co -partnership, firm, company,_ corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents ents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated in the context. Technical or Study Report means the Solid Waste Program Impact Fee Study, or the most recent update to the impact fee calculation. Residential and Commercial Collection shall be as classified as follows: S'. CLEObNT CITY OF CLERMONT ORDINANCE NO.2026-018 1 Class L Residential establishments shall describe those single-family, duplex multifamily, trailer and mobile home residences utilizing solid waste containers provided by the city for curbside pickup. Properly licensed home occupations are included as class I. 2) Class IT Commercial establishments shall include churches, motels. hotels manufacturers, retail and wholesale establishments where garbs a and trash may accumulate and which are not described herein as residential. Such commercial establishments shall use solid waste containers supplied by the city for curbside pickup. No solid waste shall be collected that is not placed in a solid waste container except as provided in this Article. Sec. 30-36. — Determination of Fee. (a) Customer Classifications. Except as otherwise provided herein, the imposition of the solid waste impact fee shall be categorized as follows: (1) Residential Bin Customers: Class 1 Residential customers requiring three waste collection bins for municipal solid waste, recycling. and yard waste. (2) Commercial Bin Customers: Class II commercial customers requiring two waste collection bins for municipal solid waste and recycling. (b) Applicabil6,. Impact fees shall be for new development within the City of Clermont City Limits resulting in the issuance of a Certificate of Occupancy, where solid waste collection. transfer and disposal services are required. (c) Redevelopment or replacement. Where new development involves the redevelopment of land such that existing_ impact generating development is removed or substantially altered, the new development impact fees shall be computed on the additional or new impacts only. It is the City's intent to collect impact fees for only that additional impact generated by redevelopment over and above the impact attributable to the existing development. (d) Review of lees. The Director shall periodically review the fees adopted by resolution, as set forth in this Section. The review period shall not exceed five Sec. 30-37. — Collection of Solid Waste Impact Fees. Solid waste impact fees required by this Article shall be assessed against new develoement/redevelopment and collected in full prior to issuance of a certificate of occupancy by the City. The City Council may establish and collect an administrative charge to offset its actual costs of solid waste impact fee collection by adoj2tion of a resolution. Sec. 30-38. — Solid Waste Impact Fee Schedule. (F CITY OF CLERMONT C h .fORDINANCE NO.2026-018 (a) Impact Fee Schedule. A solid waste impact fee shall be assessed and collected from new development/redevelopment pursuant to all applicable provisions of this Article. The fee schedule shall be adopted by resolution of the City Council. b Im act Fee Account. There is hereby established a solid waste impact fee fund into which all impact fees collected shall be deposited. The solid waste impact fees shall be spent on solid waste facilities and capital costs asrovided in this Article. Sec. 30-39.- Use of funds collected: solid waste impact fee accounts. a) Establishment and use of impact fee fund. There is hereby established a se arate fund account specifically for the solid waste impact fee fund. Impact fees collected pursuant to this Article shall be used solely for the u ose of acquisition, expansion and development of the public facilities, the need for which results from and the provision of which will benefit new development/redevelopment or annexed area having paid into the impact fee fund. Allowable expenditures include, but are not limited to: 1 Planning, design and construction plan preparation: 2 Land acquisition, 3) Acquisition of trucks, trailers and housing buildins equipment: (4) Public facilities and public facilities capital costs identified in the capital improvements proj7ram: (5) Repayment of monies transferred or borrowed from any budgetary fund of the City which were used to fund the acquisition. expense and development of the public facilities identified in the capital improvements program, 6 Payment of principal and interest, necessaa reserves and costs of issuance under any bonds or other indebtedness issued b, the he city to provide funds for acquisition. expansion and development of public facilities identified in the capital improvements pro rg am, (7) Administration of the City's impact fee program to the extent that such administration costs do not exceed actual costs,• 8 Impact fees collected shall be encumbered for allowable expenditures as set forth above within seven 7 ears of the date of collection. (9) Costs associated with the expansion of public facilities necessary to offset the impacts of new development, including, but not limited to, expansion of transfer stations and construction of related support facilities required to accommodate additional equipment that the City purchases due to growth. ( CITY OF CLERMONT CP. � d ORDINANCE NO.2026-018 b Se )arate accounting, The City shall establish and maintain a se arate solid waste impact fee account for which the impact fee is collected in accordance with the rovisions of this Article. This fund shall be the solid waste impact fee fund. (c) Investment offunds. Any amounts in the impact fee fund not immediately necessary for expenditure shall be invested in an interest -bearing account and all interest income derived from such investments shall be deposited in the impact fee fund. (d) Segregation of Lunds. Impact fee revenues shall remain segregated from other City - funds and only impact fees and accrued interest shall be maintained in the impact fee fund. Prohibited uses. Amounts withdrawn from the impact fee fund must be used solely in accordance with the provisions of this Article. Amounts on deposit in the impact fee fund shall not be used for any expenditure that would be classified as a maintenance, operations, or repair expense. Sec. 30-40. — Exemptions. (a) Minor alterations or additions to existing residential or general service building There shall be no impact fee due when application is made for a building permit to construct any addition to a residential building that already falls within the Cit of Clermont City Limits.provided that no additional impact is created on the solid waste program by such re lacement. (b) Accessory structures. An impact fee shall not be assessed for construction of an accesso building or structures that are not dwelling units and which do not constitute an increase in intensit,, of use: ti Replacement. An impact fee shall not be assessed for replacement of a building 2r structure with a new building, or structure of the same use, provided that no additional impact is created on the solid waste program by such replacement. Sec 30-41. - Interpretations of Article and Fee Schedule. interpretation of the provisions of this Article shall be made by the Director. Sec. 30-42. - Effect on other regulations and requirements. (a) No effect on zoning code. This Article ma, not be construed to alter, amend, or modiCy any provision of the City's zoning code and City Code. Other provisions of the City's zoning code and CityCode shall be operative and remain in full force and effect notwithstanding, any contrary provisions, definitions, or intentions that are or may be expressed or implied in this Article. (b) No entitlement to certificate of occupancy. The payment of solid waste impact fees shall not entitle the applicant to a certificate of occupancy unless all other applicable (- CLEF&NT CITY OF CLERMONT ORDINANCE NO.2026-018 land use land development, zoning. planning, concurrency, and other applicable requirements. standards and conditions have been met. Such other requirements, standards. and conditions are independent of the requirement for a =ment of the solid waste impact fees required by this Article. c) No effect on zoning standards. This Article, including the solid waste impact fee ordinances for particular public facilities shall not affect in any manner, the ermissible use of property, density or intensity of development, design and improvement standards. or other gRplicable standards or requirements of the zonin code. Sec. 30-43. - Alternative calculation of solid waste impact fees and procedure for review. a) Alternative impact fee calculation. Any person who initiates any, development ma choose to provide an alternative calculation of the impacts of the proposed develo ment. The alternative calculation study may be used to determine whether a fair share of the public facilities costs necessitated by the proposed development should be less than the fees set forth in this Article or, if a particular use or combination of uses is not identified in this Article, what fee the use should pay. Technical details of approach, methodology,.. procedures and other matters relating to the alternative fee calculation shall be discussed with and approved b • the Director prior to groceeding with the study. (b) Alternate calculations. The alternative impact fee calculation may be based on data, information assumptions, formulae and methodology contained in this Article and the studies prepared by independent sources provided that: (1) The independent source is an accepted standard source of engineering and planning data or information: 2 The independent source is a local study carried out by a qualified planner or engineer pursuant to an accepted methodology of planning or engineering: or (3) Where different data, information, assumptions, formulae or methodology are employed. such differences shall be specifically identified and justified. (c) Submission. An alternative impact fee calculation shall be undertaken through the submission of an application for review of an alternative impact fee calculation for the impact fee component for which an alternative impact fee calculation is requested. (d) Director determination. Within thirty (30) calendar days of receipt of an application for review of an alternative impact fee calculation, the Director shall determine if the application is complete. If the Director determines that the application is not complete, he shall send a written statementspecifying the deficiencies by United States mail to the person submitting the application. The applicant shall provide a CLERWONT CITY OF CLERMONT ORDINANCE NO.2026-018 written response addressin , and satisfying the deficiencies to the Director, postmarked no later than 10 days from the determination letter's postmark date. The gpl2lication shall be deemed complete if no deficiencies are specified. Furthermore the application shall be deemed unsatisfied and closed if no response is received by the Director within the timeframe specified. The Director shall take no further action on the application until it is deemed complete. e Director review. When the Director determines the application is complete. he shall review it and render a written decision in calendar thirty (30) days on whether the fee should be modified and if so what the amount should be. �]t Adjustment by agreement. If the Director finds that the data, information, assumptions, formulae and/or methodology used by the a licant to compute the alternative impact fee calculation satisfies the requirements hereof, the fee determined in the alternative impact fee calculation shall be deemed the fee due and owing for the proposed land development activity. This ad*ustment in the fee shall be set forth in a fee agreement which shall be entered into. A determination by the Director that the alternative impact fee calculation does not satisfy the requirements of this section mgy be appealed to the City Manager. Sec. 30-44. - Appeals. a] Initiation. A fee paver mavappeal a final decision of the Director made pursuant to any provision of this Article to the Cily Manager, by filing an apl2eal. in writin- with the Cijy Clerk, within ten (10) business days of the decision. The appeal shall include a written notice stating and specifying briefly the grounds of the appeal. The City Manager shall respond in writing within fifteen (15) business days of the receipt of the appeal. If the Cijy Manager upholds the decision of the Director, the fee paver may appeal the City Manager's decision to the City Council by filing an appeal. in writing, with the City Clerk. within ten (10) business days of the City Manager's decision. The City Clerk shall place the gppeal on the City Council's agenda for a regularly scheduled meeting or a special meeting called for that purpose and forward the record of the matter that is on appeal to the City Council. (b) Record. The record considered by the City Council shall be the record of the application associated with the final decision of the Director and City Manager being appealed and any other documents related to the decision. (c Notice The City Clerk shall provide the applicant at least fifteen (15)_calendar days' notice of the appeal before the City Council by mail or hand deliverer. (d) Hearing on appeal. At the hearing on the appeal. the City Council shall provide the appellant an opportunity to identif y the grounds for the appeal and the basis for the Director's and City Manager's alleged error on the decision, based on the record. To the extent relevant, the Director and/or the City Manager, or their designees, shall be allowed to respond, based on the record. After the presentations, the City S. CLER�r CITY OF CLERMONT ORDINANCE NO.2026-018 Council ma hear from any otherperson(s) it deems agpropriate, and then based on the testimony heard at the hearing and the record affirm modify. or reverse the decision on appeal. (e) Standards To reverse a decision of the Director and the City Manager. the City Council must find that there is a clear and demonstrable error in the application of the facts in the record to the applicable standards set forth in this Article. If the Ci Council reverses or modifies the decision. it shall provide the Director and City Manager clear direction on the proper decision. In no case shall the City Council have the authority to negotiate the amount of the impact fees or waive the impact fees otherwise specified in this Article. The decision of City Council shall be final._ (f) Form of decision. The City Council's decision on the appeal shall be in writing and include findings of fact and the application of those facts to the relevant standards. Sec. 30-45. - Updating, annual reporting, and audits. Sal Periodic update of Technical Report. At least once eveEy five (5) years, the City shall update the Technical Report which provides the basis for the impact fees imposed under this Article. (b) Annual report to City Council. On an annual basis, a report to the CitY Council shall be made on the followin : (1) The amount of impact fee revenues currently on account for which impact fees are collected, (2) The amount and nature of any expenditure or encumbrance of impact fees since the prior annual re ort• and (3) The amount and nature of M planned expenditures or encumbrances of impact fees prior to the next annual report. (c) Audit certification requirement. Audits of the City's financial statements, which are performed by a certified public accountant pursuant to Florida Statutes, and submitted to the auditor general. must include an affidavit signed by the finance ,director, stating that the City has complied with the requirements of Florida Statutes. d Notice and publication requirements. All ul2dates and annual ad*ustments to this Article shall comply with statutory requirements for notice and publication. SECTION 3: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. d� CLEF,, `�J „, CITY OF CLERMONT "�""ORDINANCE NO.2026-018 SECTION 4: SEVERABILITY If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without the invalidated portion, except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 5: CODIFICATION The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not affecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such editorial license. SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENER'S ERRORS Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7: PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as provided by law and it shall become law and shall take effect 30 days after its Second Reading and Final Passage. CITY OF CLERMONT LE ORDINANCE NO.2026-018 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28th day of April, 2026. ATTEST: CITY OF CLERMONT Tim Murry, May r Tracy Ackrold Ho We, MMC City Clerk APPROVED AS TO FORM A-�D LEGALITY: Wau2K, City Attorney October 2025 Exhibit A CLERK The City of Clermont Solid Waste Program Impact Fee Study Prepared by: Innovative Technical Solutions, LLC 3720 NW 43rd Street, Ste. 103 Gainesville, Florida 32605 Inn*vative TECHNICAU SDUUTIONS and Wright -Pierce 601 S. Lake Destiny Road Suite 290 Maitland, Florida 32751 WRIGHT-PIERCE ,4 Engineering a Better Environment & C�E M 2025 Solid Waste Impact Fee Study �� Table of Contents 1 Introduction..........................................................................................................................................4 1.1 Document Purpose......................................................................................................................4 1.2 Impact Fee Legal Framework.......................................................................................................4 1.3 Report Outline.............................................................................................................................5 2 Solid Waste Program Overview............................................................................................................ 6 2.1 Waste Collection.......................................................................................................................... 6 2.2 Waste Transfer and Disposal.......................................................................................................6 3 Nexus of Benefits between Solid Waste Collection Services Expansion and Development.................8 3.1 Solid Waste Program Expansion Cost Overview..........................................................................8 3.2 Waste Collection Points...............................................................................................................8 3.3 Transfer Station...........................................................................................................................8 3.4 Collection and Transfer Vehicles.................................................................................................9 4 Cost of Solid Waste Collection Services Expansion per Residential Unit............................................11 4.1 Per Unit Impact Fees Estimation Overview...............................................................................11 4.2 Transfer Station Impact Fees.....................................................................................................11 4.3 Fees to Cover Collection and Transfer Vehicles........................................................................12 4.4 Fees to Cover Administrative Costs...........................................................................................12 5 Summary and Recommendations.......................................................................................................13 5.1 Summary of Proposed Fees.......................................................................................................13 5.2 Recommendations.....................................................................................................................13 6 References..........................................................................................................................................13 CLER IT List of Tables 2025 Solid Waste Impact Fee Study Table 1. Number of Collection Points Served by the City Solid Waste Collection Program in FY 2025........ 6 Table 2. Cost of Each 95-Gallon Collection Bin Required for Each Unit of Additional Development ........... 8 Table 3. Current Number of Customers Served and Total Number of Customers to Reach Full Utilization of theTransfer Station...................................................................................................................................... 9 Table 4. Current Number of Solid Waste Collection Vehicles and the Estimated Number of Customers ServedPer Vehicle........................................................................................................................................ 9 Table 5. Number of Transfer Trucks and Trailers Needed for Fleet at Full Capacity and Number of CustomersServed Per Vehicle....................................................................................................................10 Table 6. Number of Waste Collection Points and Per Unit Share of Total Impact Fee Cost Based on Utilization and Remaining Capacity of the Transfer Station.......................................................................11 Table 7. Number of Collection Points Served by Vehicle Type, and Respective Share of Vehicle Purchase/Replacement Cost.......................................................................................................................12 Table 8. Summary of Proposed Impact Fees for Residential and Commercial Bin Customers..................13 2025 Solid Waste Impact Fee Study 1 Introduction 1.1 Document Purpose The City of Clermont (City) is responsible for providing solid waste collection services for its residents and businesses. Expanding the City's collection program to meet the demands of its expected growth will require capital expenditures, which the City may recoverthrough an impact fee charged to new residential and commercial developments. This report will discuss the framework for this impact fee and provide an estimate of the capital expenses the City is expected to incur to initiate the solid waste collection services for new customers based on historical and expected population growth trends. A master plan was prepared and submitted in March 2023 that discussed several waste management options that the City could implement to address a growing population. Two of these options included the implementation of impact fees and the establishment of a City -owned transfer station. This report uses some of the findings from these sections of the master plan along with the most recent City -provided data. 1.2 Impact Fee Legal Framework Regulations for impact fees in the state of Florida are laid out in 163.31801, Florida Statutes (also referred to as the "Florida Impact Fee Act"). Section 163.31801(4) of the Act contains the requirements for instituting impact fees, as shown below. (4) At a minimum, each local government that adopts and collects an impact fee by ordinance and each special district that adopts, collects, and administers an impact fee by resolution must: (a) Ensure that the calculation of the impact fee is based on the most recent and localized data available within 4 years of the current impact fee update. The new study must be adopted by the local government within 12 months of the initiation of the new impact fee study if the local government increases the impact fee. (b) Provide for accounting and reporting of impact fee collections and expenditures and account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Provide notice at least 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A local government is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. Unless the result is to reduce the total mitigation costs or impact fees imposed on an applicant, new or increased impact fees may not apply to current or pending permit applications submitted before the effective date of a new or increased impact fee. (e) Ensure that collection of the impact fee may not be required to occur earlier than the date of issuance of the building permit for the property that is subject to the fee. 4 S. ALE NT 2025 Solid Waste Impact Fee Study (f) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction. (g) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the expenditures of the funds collected and the benefits accruing to the new residential or nonresidential construction. (h) Specifically earmark funds collected under the impact fee for use in acquiring, constructing, or improving capital facilities to benefit new users. (i) Ensure that revenues generated by the impact fee are not used, in whole or in part, to pay existing debt or for previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by the new residential or nonresidential construction. This report meets the requirements listed above and uses the most recent available City -specific data to calculate appropriate impact fees. Report Outline This report is organized into the following 6 chapters. • Chapter 1 introduces the objectives of this report and the legal frameworkforthe implementation of an impact fee. • Chanter 2 presents an overview of the City's solid waste program. • Chapter 3 discusses the nexus of benefits for each of the capital expenditures that may be included in the impact fee. • Chapter 4 presents the per -lot fees that may be applied to new development in the City. • Chapter 5 presents a summary of the impact fee evaluation and recommendations of this study. • Chapter 6 provides references used for this report. 5 d Cl-E'a.-ft—T 2 Solid Waste Program Overview 2.1 Waste Collection 2025 Solid Waste Impact Fee Study In 2025, the City of Clermont's Sanitation Department served approximately 16,983 customers with garbage removal, recycling pickup, yard waste removal, white goods collection, and bulk pickups every week. The City owns a fleet of side- and rear -loader garbage trucks that collect municipal solid waste (MSW) and recyclables. Yard waste and other bulk waste are picked up using clam trucks, and delivery trucks are used for bulk collection (e.g., white goods, electronics) and for distributing new bins to customers. Solid waste collection takes place four days per week (Monday, Tuesday, Thursday, and Friday). Collected waste is transported to the Groveland Transfer Station (GTS). The City serves 16,679 residential customers and provides each with one MSW waste cart and one recycling cart. To meet the needs of the residents, the City provides three different -sized cart options (95-, 65-, and 35-gallon) for MSW and recycling. Additional carts are available upon request for an additional monthly fee (Clermont, 2021). Three material streams (MSW, recyclables, and yard waste) are collected once per week from each collection point on the residential routes using a fleet of side -loading trucks, rear -loading trucks, small garbage trucks, and clam trucks. The City serves 304 commercial customers. Few commercial and City -owned properties use dumpsters as the City does not own the appropriate equipment to handle them. Commercial entities that use dumpsters contract with private haulers to collect their waste. Many commercial customers utilize the City's collection program, which offers the attractive price structure of additional bins costing less than the first bin. Commercial curbside customers receive two types of bins: MSW and recycling. Yard waste is not collected from commercial customers. High waste -generating commercial properties that use the City's waste collection program often employ multiple bins to manage their waste. The number of residential and commercial collection points served by the City as of 2025 was provided by the City for this report. Table 1 presents the number of collection points for each type of customer as of 2025. Table 1. Number of Collection Points Served by the City Solid Waste Collection Program in FY 2025. Collection Source Number Residential 16,679 Commercial 304 2.2 Waste Transfer and Disposal All waste collected by the City is hauled to the GTS, a privately -owned transfer station located in Lake County, approximately 5 miles from the City. When the transfer station is unavailable, waste is directly hauled to the Heart of Florida Landfill (HFL), a privately owned landfill located in Sumter County, approximately 32 miles from the City. R 2025 Solid Waste Impact Fee Study The GTS accepts Class I municipal solid waste and recyclable materials collected from commercial and residential customers located in Lake County and other surrounding counties in Florida (GTS, 2013). GTS is permitted to store a maximum of 240 tons of waste, and must close for the rest of the day when it has reached this capacity. If the facility has reached its permitted capacity to store waste or recyclable materials, it will not accept waste until sufficient capacity is restored (GTS, 2013). Currently, GTS is operating close to its disposal capacity, and may not be able to expand to match the future needs of the City. Additionally, the City's dependence on GTS and lack of an alternative option for waste transfer make it vulnerable to increases in the tipping fees charged by GTS. 7 S_, 2025 Solid Waste Impact Fee Study C � NT 3 Nexus of Benefits between Solid Waste Collection Services Expansion and Development 3.1 Solid Waste Program Expansion Cost Overview The City provides solid waste collection to residents and commercial customers as described above, and the expansion of this program is necessary to provide these services to new customers. All new collection points require procurement and distribution of additional collection bins, and additional collection vehicles needed to service the growing number of collection points. In addition to bins and collection vehicles, increased waste generation from the City would necessitate the construction of a new transfer station, with additional equipment for managing and hauling waste. This section will discuss the estimated pro-rata capital expenditures required to provide these services to new City customers. 3.2 Waste Collection Points Each additional residential or commercial lot represents an additional collection point, which will require bins to be provided by the City. Table 2 shows the cost to purchase each required bin, as provided by the City. As discussed in Section 2.1, both residential and commercial units require two collection bins (MSW and recycling). Commercial customers typically host 1 to 2 of each bin, depending on size and/or recycling needs, but several host 3 or more. The cost of bins varies by the number and size of bins for each unit, so the figure in Table 2 is an estimate of the cost per unit by assuming one 95-gallon bin for each residential and commercial customer. Tnhlp 7_ rnct of Each 9-9-Gallon Collection Bin Reauired for Each Unit of Additional Development. Customer Type Collection Container Cost ($/container) Total MSW Recycling Residential $51.99 $51.99 $103.98 Commercial $51.99 $51.99 $103.98 3.3 Transfer Station Impact fees allow for a pro-rata recuperation of investments to support the expansion of infrastructure (e.g., transfer stations) and services related to waste management. The master plan that was prepared and submitted in March 2023 detailed the establishment of a new transfer station to manage the growing waste stream of the City and the surrounding area. Based on this analysis, the necessary capacity of the hypothetical future transfer station is expected to be about 675 tons/day of MSW to handle a growing population, with a required tipping floor area of approximately 14,900 square feet. Table 3 presents the estimated number of customers and the associated incoming MSW tonnages that the transfer station would be expected to accomodate in the year 2045, when it reaches its full capacity. R] do �LE M 2025 Solid Waste Impact Fee Study Table 3. Current Number of Customers Served and Total Number of Customers to Reach Full Utilization of the Transfer Station Year Estimated Number of Incoming MSW Customers Served Projection (tons/day) Present 16,983 65.8 At Capacity 174,218 675 At capacity, all incoming waste to the transfer station would originate from City customers. Before reaching capacity, the City could consider offering any available capacity at the transfer station to non - City entities for an added source of income while the City grows. Impact fees would not apply to non -City entities. 3.4 collection and Transfer Vehicles The collection and transfer programs use vehicles to provide collection services as described in Section 2. The procurement of additional vehicles is necessary to continue providing the same level of service to new residential and commercial customers. The number of collection points served by each type of vehicle is shown in Table 4. The number of vehicles necessary for bin customers was estimated based on the current number of vehicles in operation, providing the current level of service to the City. The current fleet of vehicles is assumed to be necessary to cover the current number of customers served. The number of customers per vehicle is estimated by dividing the number of trucks in service by the combined number of residential and commercial collection points, as shown in Eqn. 1. However, only residential collection points are applied to clam trucks because yard waste service is not offered to commercial customers. The estimation from Eqn. 1 assumes that the existing fleet is fully utilized and does not have the capacity to serve more customers. Number of Collection Points Eqn. 1 Customers per Vehicle = Number of Vehicles Table 4. Current Number of Solid Waste Collection Vehicles and the Estimated Number of Customers Served Per Vehicle Vehicle Type Current Number _ of Vehicles Side Loader 14 Rear Loader 3 Clam Trucks 6 Small Garbage Truck 2 Delivery Truck 2 Number of Customers Served Per Vehicle 1,213 5,661 2,780 8,492 8,492 The transfer trucks and transfer trailers would be used to service both residential and commercial customers. The impact fee would apply to new residential and commercial City customers based on their share of the cost to purchase these vehicles. The master plan discussed the expected number of vehicles 9 C�ER NT 2025 Solid Waste Impact Fee Study �: that would be needed at the transfer station once it reached its full capacity. The number of customers served for each transfer truck and trailer is shown in Table 5, calculated using Eqn. 2. Expected Number of Collection Points at Full Capacity Eqn. 2 Customers per Vehicle = Expected Number of Vehicles at Full Capacity Table 5. Number of Transfer Trucks and Trailers Needed for Fleet at Full Capacity and Number of Customers Served Per Vehicle. Expected Combined Residential and Vehicle Type Number of Commercial Customers Vehicles Served per Vehicle Hauling Trucks 12 14,518 Hauling Trailers 13 13,161 10 C9` 2025 Solid Waste Impact Gee Study CLER ,Ld 4 Cost of Solid Waste Collection Services Expansion per Residential Unit 4.1 Per Unit Impact Fees Estimation Overview As discussed in Section 3, the City's capital expenditures necessary to provide solid waste services to a growing population consist of collection bins, transfer station capacity, and collection and transfer vehicles. In this section, the per -unit cost for each of these services is calculated based on the most recently available data. Collection bins are not included in a subsection because the fees are equal to the cost to provide collection receptacles required for each customer type, as discussed in Section 3.2. 4.2 Transfer Station Impact Fees The GTS is currently operating close to capacity. To manage the increased waste volumes from an increasing population, the City is considering constructing its own transfer station. As discussed in the master plan, the proposed new transfer station would be expected to manage a projected 675 tons/day of MSW in 2045. Based on the current generation rate of City customers, an estimated 174,218 customers would be served by the transfer station at capacity. The transfer station capital costs have been updated since the master plan to reflect the anticipated site layout as described by the City. The total anticipated capital cost is estimated to be $14,131,122. The share of cost allocated to new City customers is the total cost of the transfer station multiplied by the portion of the capacity allocated to new City customers, as presented in Table 6. Based on the estimate of current versus future City customers, 90.2% of the cost of the transfer station may be incorporated into the impact fee. The per -unit cost is the total capacity cost for new City customers divided by the number of new City customers that are expected to be served upon reaching capacity. These estimates are summarized in Table 6. Table 6. Number of Waste Collection Points and Per Unit Share of Total Impact Fee Cost Based on Utilization and Remaining Capacity of the Transfer Station Current Total City New City Share of Cost for Per Unit Customer Number of Customers at Customers Available Capacity to Share of Cost Type City Capacity Needed to New City Customers for New City Customers Reach Capacity Customers Bin 16,983 174,218 157,235 $12,753,600 $81.11 Customers Upon completion of the transfer station construction, a large amount of free capacity would potentially be available for the City to offer to non -City entities as an additional source of income until the City population reaches the projected maximum in 2045. However, impact fees are not applicable to non -City entities. It is expected that as the City grows in population, the proportion of non -City to City waste managed at the transfer station will decrease. 11 S-1 CLEEO'j�l q 2025 Solid Waste Impact Fee Study 4.3 Fees to Cover Collection and Transfer Vehicles The estimated replacement costs shown in Table 7 are based on the most recent procurement cost of each vehicle type inflated to 2025 dollars using the average inflation rate from the year of purchase to 2025 (US BLS 2025). The estimates of the number of customers served by each vehicle in the solid waste collection fleet were discussed in Section 3.4. The cost for each vehicle is divided by the number of customers served by that vehicle to arrive at the price per customer shown in Table 7. Because the City does not currently own any tractor trailers, the cost for the tractor and trailer component was estimated based on cost data for the nearby city of St. Cloud, which currently operates a transfer station. Table 7. Number of Collection Points Served by Vehicle Type, and Respective Share of Vehicle Pnrrhnca/RPnIArPmPnt rnst_ Number of Estimated Cost Based Year of Price per Residential Price per Commercial Vehicle Type Customers on Last Purchase Most Recent Bin Bin per Vehicle (2025 dollars) $399,206 Purchase Customer Customer Side Loader 1,213 2025 $328.92 $328.92 Rear Loader 5,661 $327,126 2025 $57.76 $57.76 Clam 2,7801 $207,166 2023 $74.46 $0 Small Garbage 8,492 $130,523 2017 $15.43 $15.43 Truck Delivery Truck 8,492 $87,212 2019 $10.25 $10.25 Hauling Truck 14,518 $193,5702 N/A $13.33 $13.33 Hauling Trailer 13,161 $137,0222 N/A $10.22 $10.22 1 Used for residential collection points only Z Estimated based on fleet costs for the nearby city of St. Cloud 4.4 Fees to Cover Administrative Costs The Florida Impact Fee Act permits the inclusion of actual administrative costs in the impact fee. These costs must be the actual cost to administer the fund. The City estimates that the administrative costs will be $100 per customer. 12 CLER . 5 Summary and Recommendations 5.1 Summary of Prnnnsed Fees 2025 Solid Waste Impact Fee Study This report has discussed the necessity of expansion of the City's solid waste management service to new residents and businesses, which may be funded by implementing a solid waste impact fee. The City must provide solid waste collection to all new residents, and requires additional capital expenditures to provide this benefit for the growing population. Table 8 summarizes the proposed impact fee for elements of the City's solid waste for each customer it serves. Table 8. Summary of Proposed Impact Fees for Residential and Commercial Bin Customers. Capital Category Impact Fees Applied to Each Impact Fees Applied to Each Residential Bin Customer Commercial Bin Customer Collection Bins $103.98 $103.98 Transfer Station $81.11 $81.11 Collection and Transfer Vehicles $510.38 $435.91 Administrative Costs $100.00 $100.00 Total $795.47 $721.00 Recommendations Implementation of the impact fees proposed in Section 5.1 will allow the City to maintain capital funds to continue providing the same high level of service to new customers without disrupting the City budget with difficult -to -predict expenditures that take several years to recover through waste collection fees. These include the purchase of waste collection bins, recovery of investments in a new transfer station, revenue for the purchase of additional waste collection and new transfer vehicles, and administrative costs. 6 References Clermont (2021). Downtown Resolution. Provided by the City of Clermont Groveland Transfer Station GTS (2013). Notice of Permit. Florida Department of Environmental Protection. October 2013. US BLS (2025). Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, all items, by month. US Bureau of Labor Statistics. https://www.bls.gov/cpi/tables/supplemental- files historical-c i-u 13