Burbank Municipal Code Art. 8 Sewer Facilities Charge

[Added by Ord. No. 2589. Deleted by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

A sewer facilities charge shall be imposed upon all newly constructed or expanded facilities and such charge shall be as designated in the Burbank Fee Resolution. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

The sewer facilities charge shall apply to all subdivisions processed under Title 11 of this code and the installation of sewers by the subdivider shall not relieve the subdivider from paying the required charges for occupancies within the proposed subdivision, except that where it is determined by the Director that a particular tract is being subdivided or redivided for the purpose of absorbing a vacated street or reverting an earlier tract to acreage and such subdivision or redivision is not for development purposes such tract shall be exempt from a sewer facilities charge. If the occupancies in a subdivision are not known or are undetermined when the sewer facilities charge is due, the subdivider shall pay the City an amount as specified in the Burbank Fee Resolution and when the tract is developed the sewer facilities charge shall be determined and an adjustment made in accordance with the rates then prevailing. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035, 2935.]

When the Director determines that a subdivision cannot be connected to the City sewer due to land contours or other existing conditions, payment of the sewer facilities charge shall be deferred until connection can be made, at which time the sewer facilities charge shall be paid in accordance with the rates then prevailing. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

When a subdivision or reversion to acreage is processed under the City’s community redevelopment program, payment of the sewer facilities charge shall be deferred until the property is developed, at which time the sewer facilities charge shall be paid in accordance with the rates then prevailing. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

When there is a change or increase in occupancy of an existing structure or parcel of land, a sewer facilities charge shall be imposed:

A. For the additional gross floor area created when an addition is made to an existing commercial building.

B. For the additional gross floor area created or for the increase in the use of an industrial connection or for an increased peak flow when an addition is made to an existing industrial building; whichever is greater.

C. For the new use or occupancy of an existing building when such use or occupancy is changed, provided that a credit shall be allowed for any sewer facilities charge previously paid for such property and for any off site sewers previously paid for either in cash or by construction thereof to serve such property, not to exceed the sewer facilities charge imposed for the new use or occupancy.

D. For the new structure where an existing structure is completely or substantially replaced, provided that a credit shall be allowed for any sewer capacity rights previously paid for such property and for any off site sewer capacity right previously paid for either in cash or by construction thereof to serve such property, not to exceed the sewer facilities charge imposed on the new structure, the provisions of this subsection shall not apply. Credit shall only be given based on the immediately preceding use and gross floor area.

No sewer facilities charge shall be imposed for a replacement structure if the replacement is of a structure which was wholly or substantially destroyed by fire, flood, landslide, earthquake or similar cause and is replaced by the party who owned the destroyed structure and the replacement is for the same use and is approximately the same area or will contain approximately the same number of units, dwelling units, rooms, seats, beds or students, or will generate approximately the same peak flow, whichever measure is applicable to the particular occupancy.

E. For any use or occupancy that increases the expectant flow or pollutant discharge. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3137, 3035, 2935.]

The Director may permit a property owner, subdivider or developer to install off site sewers at their own expense. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]

The Director may require a property owner or occupant to submit such plans and other information as may be needed to determine the sewer facilities charge imposed under this article. [Added by Ord. No. 2589. Amended by Ord. No. 3677, eff. 8/20/05; 3035.]