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Section 201.09. Capacity charges. <br />A. Capacity charge imposed. A capacity charge shall be imposed on each ERU <br />responsible for creating the need for additional system expansion based on the <br />equitable portion of the cost of funding the expansion of the county's sewer and <br />water systems. The obligation to pay the capacity charge shall occur when a building <br />permit application is filed. Any person may elect to pre -pay the capacity charge to <br />reserve plant capacity. <br />B. Change in land use. If a building permit or certificate of occupancy is issued <br />for an existing customer that results in a change in ERU designation, the total <br />number of ERUs for the old and new parts of the facility will be computed according <br />to the definition of ERUs and capacity charges shall be assessed on the difference. <br />C. Use of proceeds. The proceeds accumulated by reason of the establishment <br />of the capacity charges may be used only for capital expenditures for the expansion <br />of the county's water system or wastewater system. The funds may be used for <br />extending, oversizing, or constructing new additions to the treatment plant or <br />distribution and/or collection and interceptor facilities so as to meet the increased <br />demand which additional connections to the system create. <br />D Time payment of capacity charges upon showing of hardship. The county <br />may allow payment of the water and/or sewer capacity charges in whole or in part <br />over a period not to exceed five (5) years at such interest rate to be determined by <br />the board. This period may be extended to ten (10) years if the applicant can <br />successfully demonstrate to the department that all other funding sources have been <br />exhausted and provided the department does not have a cash flow problem. In <br />cases where private communities are served by a private package water system and <br />the private package water system has been formally declared in violation of <br />acceptable water quality standards by the Florida Department of Environmental <br />Protection and the private community is requested to connect to the county water <br />system, the county, at its sole option, may allow for a connection to the county water <br />system. Under the foregoing circumstances, the private community will be required <br />to pay the current related water system capacity and water hook up charges. If the <br />private community can sufficiently demonstrate, to the reasonable satisfaction of the <br />county, that the unforeseen payment of these capacity and water hook up charges <br />are a financial burden, and that all other funding sources have been exhausted and <br />provided the department does not have a cash flow problem, the county may allow <br />the financing of these charges for a period of up to twenty (20) years. A superior lien <br />for any such amounts due shall be executed in recordable form reflecting the <br />payment schedule and may be filed in the public records of Indian River County, <br />Florida. Upon all payments being made in full, the lien shall be released of record. <br />Attachment 6 <br />