§ 70-224. Petitions and appeals.

(a)

For development for which an Equivalent Dwelling Unit category is not listed in the applicable fee resolution in effect at the time of Application for Service, the County shall utilize the most similar Equivalent Dwelling Unit category listed in terms of water Demand characteristics as defined in this article. The Utilities Department is authorized to make the determination of the appropriate Equivalent Dwelling Unit category, based upon the predominant water Demand characteristics of the proposed Principal Use.

(b)

The Applicant, by filing a petition in accordance with subsection (c) of this section, or the County Utilities Department, may elect to undertake and perform a special unit Demand study for such Principal Use, which study shall result in the identification of an appropriate Equivalent Dwelling Unit value for such Principal Use. If the study is limited in its applicability solely to the facts of a given Principal Use, due to unique and longterm water Demand characteristics of the specific Principal Use, the study shall be performed by the Applicant and submitted to the County Utilities Department for review and approval or disapproval. If the study is generally applicable to an Equivalent Dwelling Unit category type, the study may be performed either by the Applicant, subject to review and approval or disapproval by the County Utilities Department, or by the County Utilities Department at its discretion. The resultant Equivalent Dwelling Unit category may be adopted by resolution and thereafter shall be applicable to all Principal Uses within such category.

(c)

(1)

Any Applicant, prior to or in conjunction with the submission of an Application for Service and/or Building Permit, may petition the County Administrator for a determination that the Equivalent Dwelling Unit Demand category or capacity value per Equivalent Dwelling Unit of Demand utilized in the Equivalent Dwelling Unit table is inappropriate for the proposed Principal Use.

(2)

If the Applicant submits a petition, the data or information used to demonstrate that one or more of the values used in the applicable Equivalent Dwelling Unit table is inappropriate for the proposed Principal Use shall be based upon the one of the following and must establish a more appropriate value for the proposed Principal Use:

a.

Twenty-four months of water consumption data from three developments of like type and size calibrated for or otherwise determined to be applicable to Sarasota County as determined by the Department; or

b.

Based upon a study carried out by a professional engineer registered in the State of Florida using the American Water Works Association Manual M-22 or as amended, "Sizing Water Service Lines & Meters"; or

c.

The Department may approve alternate acceptable methodology where appropriate, as determined the by Department.

(3)

A petition shall include all of the following: identification of the disputed value(s), a detailed statement asserting the basis for the dispute, the data relied on by the petitioner, and a detailed statement completed by a professional engineer registered in the State of Florida supporting the use of the revised value(s) proposed by the petitioner in accordance with the standards set forth in this section.

(4)

Within ten days after receipt of a petition, the County Administrator shall forward the petition and supporting documentation to the County Utilities Department for review and recommendation. Following receipt of the Utilities Department's recommendations, the County Administrator shall, within 60 days following the filing of a complete petition, render a decision to: approve the petition if it is demonstrated that one or more of the variables identified in subsection (c)(1) of this section as used in the Equivalent Dwelling Unit table is inappropriate based upon the standards incorporated in this section; or deny the petition. The 60-day time period will be suspended upon transmittal by the Utilities Department of a written request for additional data or information, until all requested data or information has been received. Upon agreement by the County Administrator and the Applicant, the time limits established under this section may be waived. The filing of a petition shall stay action by the County on an Application for Service and/or Building Permit or other County action related to the development activity, unless bond or other sufficient surety is filed or the total Capacity Fee is paid.

(5)

If the County Administrator approves the petition, the Capacity Fee for the proposed Demand category shall be recalculated using the revised value(s) proposed by the petitioner using the methodology of the Department.

(d)

After determination of: (i) the amount of the Capacity Fee, which occurs at the time of Application for Service and/or Building Permit as defined in this article, or at the time of issuance of a determination on a petition under subsection (c)(5) of this section, whichever occurs later in time; (ii) the amount of the credit, which occurs at the time of issuance of a determination on a petition under subsection (c)(5) of this section; or (iii) the amount of the refund due, which occurs at the time of issuance of a determination on a petition under subsection (c)(5) of this section, an Applicant for an Application for Service and/or Building Permit or a property owner may appeal such determination to the Board. The Applicant must file a notice of appeal with the Clerk of the Board within 30 days following the determination of the amount of the Capacity Fee, the amount of the credit, or the amount of the refund due. If the notice of appeal is accompanied by a bond or other sufficient surety as determined by the Board, in an amount equal to the Capacity Fee and surcharge as calculated herein, the Department shall issue a work request to provide service and/or approve the Building Permit. The filing of an appeal shall stay the provision of service and/or the issuance of the Building Permit unless such bond or other surety has been filed.

(Ord. No. 91-060, § 14, 9-24-1991; Ord. No. 97-102, § 6, 9-23-1997; Ord. No. 99-056, § B(14), 9-29-1999)