Coachella Municipal Code Div. 2 Sewer Facilities Expansion Fee and Fund

The city council hereby declares that the fees required to be paid by this article are solely for the purpose of producing revenue, to be used to provide necessary sewerage facilities. The continued increase in housing in the city, with the attendant increase in sewage, has created an urgent need to provide the necessary sewerage facilities and the financing thereof.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. In addition to any other fees prescribed by this code, sewerage facilities expansion fees shall be payable to the city for all new dwelling units and mobile home or trailer spaces which will make use of the sewerage facilities of the city. If dry sewers are installed for future connection to the sewerage system, the fees shall be required even though onsite disposal systems are to be utilized as an interim measure. In those cases where onsite disposal systems are authorized for other than interim use due to the lot size and soil conditions, the fees shall not be required, provided that if any such dwelling units so exempted connect to the sewerage system in the future, the fees shall be payable by the then owner of record of the property.

B. Every person constructing a dwelling in a different location or providing a new dwelling unit in a one-family or multi-family dwelling, dwelling group, apartment hotel or mobile home or trailer providing trailer spaces in a mobile home or trailer park, shall pay a sewerage facilities expansion fee in an amount adopted by ordinance of the district. Every person constructing an industrial or commercial building, moving an industrial or commercial building to a different location, providing a new industrial or commercial facility shall pay a sewerage facilities expansion fee in an amount adopted by ordinance of the district. The number of equivalent dwelling units attributable to each industrial or commercial building shall be computed in accordance with Section 13.01.316, as amended. The sewerage facilities expansion fee shall be paid prior to the issuance of the building permit for the subject unit or space.

C. Sewer expansion fees to be levied on existing system users who expand or revise use. In some situations existing commercial and industrial users will expand uses to meet increasing demands. As a result, additional fixture units will usually be included within the expanded facility. Under these situations the following criteria will apply:

1. Sewer expansion fees will only be levied on the fixture unit (FU) count difference between existing FUs and new FUs.

2. The sewer expansion fee will be determined based on the fee in effect at the time of building or sewer permit issuance for the expanding development.

3. A change in use, placing a commercial development in a different Table 3.01.316(e) category, will not result in the recalculation of sewer expansion obligation for the existing FUs. Only the new added FUs will be levied sewer expansion fees based on the Table 3.01.316(e) category which best defines the proposed use.

D. Attachment of sewer use rights; tied to property or structure. Under certain situations, an existing discharger may want to relocate a business. The issue may then arise as to ownership of certain existing discharge rights in the system. All sewer capacity remains with the existing building and should be sold to building owners rather than tenants. In cases where an existing building is completely demolished, the transfer of capacity rights can be permitted provided that:

1. Proof of building demolition can be documented;

2. Payment for original system capacity can be documented;

3. The demolition occurs simultaneously with the transfer; and

4. The transfer occurs within the city/agency who originally sold the capacity.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)