Staff recommends approval of the attached ordinance amending Chapter 25 of the Code of Ordinances to require developer-installed natural gas mains in all new residential developments of more than five (5) units and providing standards for determining when natural gas service is reasonably available.
The City currently requires developer-installed natural gas mains in all new subdivisions within the corporate limits when reasonably available. As currently worded however, the Code does not include apartment complexes as part of this requirement. This ordinance extends the requirement to include all residential developments of more than five (5) units. This amendment assures these residents can take advantage of this reliable and efficient energy source that has historically been much cheaper than electric power.
Also under this ordinance are standards defining when natural gas is reasonably available. In determining whether such connection is reasonably available, the City will take into account the cost of other utility infrastructure, the distance to the nearest adequately sized natural gas line, and the number of units within the development, among other considerations relevant to the situation. These standards will assist staff in avoiding the claim that the determination of gas availability is arbitrary.
1. Approve the Ordinance amending Chapter 25 of the City Code; or
2. Such alternative action as the Commission may deem appropriate
This change will have a positive fiscal impact to the gas enterprise fund, relieving it of a seven year financial burden for every apartment complex that would be built under the current code. The potential savings based on previously constructed apartment complexes would be $40,000 per development.
Prepared by: _Jack Rogers_____
Attachments: Yes_X___ No ______
Advertised: ____Not Required __X___
Attorney Review : Yes_X__ No ____
Reviewed by: Dept. Head __JR_____
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ________RS___________
Account No. _________________
Project No. ___________________
WF No. ______________________
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING SECTION 25-501 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG, PERTAINING TO NATURAL GAS LINE INSTALLATION; PROVIDING FOR THE INSTALLATION OF NATURAL GAS LINES WITHIN residential developments; AMENDING SECTION 25-452, PERTAINING TO REQUIRED MINIMUM IMPROVEMENTS; PROVIDING FOR NATURAL GAS INFRASTRUCTURE AS A REQUIRED IMPROVEMENT; PROVIDING STANDARDS FOR DETERMINING WHEN NATURAL GAS SERVICE IS REASONABLY AVAILABLE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:
Section 25‑501 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended, to read as follows:
Section 25‑501. Natural Gas Line Installation Procedure.
Natural gas line installation shall be required in all new residential developments of more than five (5) units. Developer shall insure that not less than 80% of all units in the development be equipped with a natural gas water heater and natural gas furnace. Before any natural gas lines are installed in any such development the following prerequisites must be met:
1. Streets to be Surveyed and Graded. All streets within the area shall be properly surveyed, marked and graded the full width of the right-of-way;
2. Costs of Installation.
A. Installation by City. Where the natural gas line distribution system is to be installed by the City, the cost of all natural gas lines and appurtenances must be borne by the developer, subdivider or re‑subdivider. Before the city commences any natural gas line construction, the cost, as estimated by the City’s design engineer (or designee), must be paid in cash or a bond sufficient to cover the cost of construction. The cost must be posted by the developer. The developer must connect at the nearest available natural gas supply and must also bear the cost from the nearest point to the subdivision. The City may require the sharing of trench space, which will be dug by the developer’s water and/or electric utility contractor at no charge to the city.
B. Installation by Developer. The developer may at his option install his own natural gas distribution system or contract same to be done by a reliable contracting firm, at the developer's expense. The natural gas system improvements shall become the property of the City after completion. The developer shall guarantee the improvements pursuant to §25-453.
C. Plans and Specifications to be Submitted. Prior to any construction of natural gas line facilities, proposed plans and specifications must be submitted to the City for preliminary approval.
D. Inspection and Approval. Before facilities are finally accepted by the City, they must be inspected and approval given by the City as to construction, and any deviation or improper construction must be corrected or replaced before facilities can be used or final approval granted. Inspections must be made before any trench may be completely filled.
3. Mains, Lines and Meters to be Property of City. All natural gas lines and connections, will be, and remain, the property of the City and the City will be responsible for the maintenance and repairs of the system.
4. Main Line Specifications. All natural gas line installations, valves and connections shall be installed according to the specifications of the City. Natural gas lines that serve any area must be of a size designated by the City to insure adequate pressures and quantities.
5. Map of Installations. A complete “as built” map of all valves, taps, bends, tees and crosses must be prepared by the design engineer, or by the natural gas system contractor and certified by the design engineer, as designated by the City.
6. Meters are Property of City; Services Charges. Natural gas meters and regulators will be furnished and installed by the City and will remain the property of the City. In any new construction, or in any case in which an existing structure is altered so as to create more than one (1) single‑family dwelling or single unit therein, a meter shall be installed to serve each such single‑family dwelling or single unit; no meter serving more than one (1) single, discrete unit in a building shall be allowed. Charges for the installation of meters, regulators, and services are based on actual cost of labor and materials at time of installation for service.
Chapter 25, Section 25-452, of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended to read as follows:
Sec. 25-452. Required minimum improvements.
(a) Streets. Streets shall be constructed in accordance with this section.
1. Drainage facilities. All necessary facilities, including but not limited to underground pipe, canals, drainage ditches or grassed swales shall be installed to provide adequate disposal of surface water runoff and to preserve and maintain any natural watercourses;
2. Storm water control. The plan for storm water control measures to be provided for the land to be subdivided shall include the methods, works, structures, equipment, grades, falls and other necessary specifications from the origin of surface and percolating waters to final disposition. Such provisions shall be sufficient to prevent flooding, health and sanitation hazards and shall not create or increase such hazards on other lands.
(c) Sanitary sewers. Sanitary sewers will be required when connection to the city sewer system is reasonably available. Where sanitary sewers are installed by developer, these sewers shall conform to requirements of the city, county and state agencies having jurisdiction therefore.
(d) Water lines. Water lines installed shall comply with all regulations of the city, county and state agencies having jurisdiction therefore, and plans for same shall be approved by the city manager.
(e) Gas mains. Gas main and service installations will be required when it is determined by the City in its discretion that a connection to the City’s existing natural gas system is reasonably available. In determining whether such a connection is reasonably available, the City shall take into account, among other considerations, the following factors, no single one of which shall be considered determinative in and of itself:
1. Whether the cost to the developer for connection to the nearest adequately sized city natural gas line exceeds the total cost of natural gas infrastructure within the development, including mains, services, meters and appurtenances.
2. Whether the cost to the developer for connection to the nearest adequately sized City natural gas line exceeds the total cost of connecting the development to the City’s water or wastewater systems;
3. The distance from the development to the nearest adequately sized City natural gas line, both standing alone and compared to the distance to the nearest City water or wastewater lines;
4. Any physical or geographical obstacles to the installation of a line from the development to the nearest adequately sized City natural gas line, including but not limited to lakes, streams or other water bodies, and roads, streets, railroads or other public or private rights of way which must be crossed in order to construct the line;
5. The number of residential units within the development as compared to the total cost to the developer for creating a connection to the nearest adequately sized City natural gas line;
6. The terms of any annexation or development agreement between the City and the developer, entered into prior to the date this ordinance was first adopted;
7. Whether and to what extent the development had received any annexation, rezoning or other land use approvals from the City prior to the date this ordinance was first adopted.
(f) Easements. All easements as contemplated by the plan for development shall be granted for and dedicated to the purpose intended, e.g., utilities, drainage, ingress/egress, etc.
All ordinances or parts of ordinances which are in conflict with any of the provisions of this ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portions destroys the overall intent and effect of any of the conflicting ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.
If any portion of this ordinance is declared invalid or unenforceable, then to the extent it is possible to do so without destroying the overall intent and effect of this ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.
This ordinance shall become effective immediately.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2006.
THE CITY OF LEESBURG