Chino Municipal Code Ch. 13.13 Sewage Facilities Development Fee

The city council finds and determines as follows:

A. The imposition and collection of a sewage facilities development fee (SFDF) upon connection of any residential dwelling unit, and each commercial and industrial use building to the city's sewer system, and the regional sewage system operated and maintained by Chino Basin Municipal Water District (CBMWD), is the most practical and equitable method of providing revenues for the expansion, construction, reconstruction, acquisition and improvement of the sewage transmission and reclamation facilities to meet the continuing (new) development needs of the city.

B. The SFDF imposed upon the connection of any residential dwelling unit, and each commercial and industrial use buildings to the city's sewer system is for the purpose of funding sewage transmission and reclamation facilities available to such buildings and the amount of the fee hereby imposed is reasonable and directly related to such benefit.

C. Pursuant to the Chino Basin Regional Sewage Service Contract, with amendments, and in accordance with Sections 9 and 10 thereof, the latest approved ten-year forecast and accompanying financing plan establishes the cost basis upon which the amount and any adjustment to the SFDF is to be made.

(Ord. 96-02 § 1, 1996; Ord. 89-20 (part), 1989: Ord. 79-20 (part), 1979).

For the purpose of this chapter, the words defined in this section shall have the following meanings:

A. "City" refers to the city of Chino.

B. "Domestic wastewater" means the wastewater from or equivalent to that which normally results from domestic residency.

C. "Existing facility" means any facility for which a building permit was issued prior to May 1, 1979.

D. "Industrial wastewater" means a discharge of nondomestic wastewater as found by the local sewage agency.

E. "Local sewage agency" means city, county, CBMWD, and other local governmental subdivision which provides sewage service, and is empowered to regulate discharges to the public sewers.

F. "Nondomestic wastewater" means all wastewater of a community excluding domestic wastewater, and includes all such wastewater from any producing, manufacturing, processing, institutional, and commercial or other operation which contains characteristics unlike that of domestic wastewater.

G. The equivalent dwelling unit (EDU) means a numerical value designation whereby one EDU is equivalent to a single-family residential unit producing a domestic wastewater of an average daily flow rate of two hundred seventy gallons. The numerical value is derived from a mathematical formula in which total flow (Q), biochemical oxygen demand (BOD), and suspended solids (SS) are proportionally adjusted for these variables as follows:

EDU = Q / 270 (0.37 + 0.31 BOD / 230 + 0.32 SS / 200 )

BOD = Biochemical oxygen demand (mg/l)

SS = Suspended Solids (mg/l)

Q = Sewage flow discharge to the city sewer collection system (GPD) based upon prevailing and applicable statistical information.

An equivalent dwelling unit (EDU) for industrial and commercial users will be determined by local sewering agency based upon information supplied by the user/applicant on an industrial waste permit application, or from current and applicable information on file in the office of the city engineer.

Equivalent dwelling unit (EDU) factors for various user/discharger categories are as follows:

(Ord. 89-20 (part), 1989; Ord. 79-20 (part), 1979.)

A SFDF is imposed upon each new or increased discharge capacity connection to the sewer system for each residential dwelling unit and each commercial and industrial use building utilizing the sewer system. All proceeds from the fee collected under this chapter shall be deposited into a special wastewater fund of the city. Expenditures from said fund must be to provide for the acquisition, construction, reconstruction, expansion and improvement of sewage transmission and reclamation facilities. In expending said funds, the city may act alone or may exercise its powers jointly with any other public entity to accomplish and of the foregoing purposes.

(Ord. 89-20 (part), 1989: Ord. 79-20 (part), 1979.)

The rate of the sewage facilities development fee shall be equal to the rate adopted by the Chino Basin Municipal Water District Board of Directors.

(Ord. 94-11, 1994: Ord. 90-24, 1990: Ord. 89-20 (part), 1989: Ord. 79-20 (part), 1979.)

A. For industrial and commercial developments, the amount of the fee due under this chapter shall be calculated based upon the rate in effect at the time of issuance of the building permit. The full amount of said fee shall be due and payable to the city prior to issuance of the building permit.

B. For residential developments, the amount of the fee due under this chapter shall be calculated based upon the rate in effect at the time of issuance of the building permit. The full amount of said fee shall be due and payable to the city at the discretion of the city engineer pursuant to Government Code Section 66007.

(Ord. 96-02 § 2, 1996: Ord. 79-20 (part), 1979.)

The office of the city engineer shall collect the fee due hereunder. The full amount due under this chapter shall constitute a debt to the city. An action for the collection thereof may be commenced in the name of the city in any court having jurisdiction.

(Ord. 89-20 (part), 1989: Ord. 79-20 (part), 1979.)

A. No building permits shall be issued and no person shall construct any residential dwelling unit, or commercial or industrial building within the city unless and until the fee imposed by this chapter has been paid.

B. No certificate of occupancy shall be issued, and no person shall occupy any residential dwelling unit or commercial or industrial building in the city unless and until the fee imposed by this chapter has been paid.

(Ord. 79-20 (part), 1979.)

The fees established by this chapter shall supersede all previously established fees for the same development impact fee category.

(Ord. 89-20 (part), 1989: Ord. 83-11 § 17, 1983: Ord. 79-20 (part), 1979.)

A. Should any section of this chapter or any lesser provision thereof be subsequently invalidated, the remaining sections and portions thereof shall continue in full force and effect as if no such invalidation had occurred.

B. Should the fee imposed under this chapter be invalidated, then any amount or amounts paid to the city hereunder shall be deemed to have been paid pursuant to Section 13.12.170 of the Chino Municipal Code. In either event, the collection of this fee shall be deemed to constitute the collection of the fee under Section 13.12.170.

(Ord. 79-20 (part), 1979.)

Any violation of the provisions of this chapter constitutes a misdemeanor.

(Ord. 79-20 (part), 1979.)