Fairfield Municipal Code Art. 22.20 Connection Charges (capacity)

The public interest, health and general welfare of the city and its inhabitants require the acquisition and construction of water facilities and systems, necessary to serve new and altered structures within the city. Public interest and economy require that, in order to provide funds for such purposes, certain connection charges shall be established to be paid by the owner or owners of land upon which such structures are constructed or altered. Connection charges shall apply for all connections to the water system facilities.

(Ord. No. 2025-13, § 1 (Exh. A))

The connection charges provided for herein are established pursuant to the power granted by the legislature to the city by section 5471 of the health and safety code and section 54344 of the government code; the power granted to the city by article XI, section 7 of the constitution to provide for the health and general welfare of the city and its inhabitants; and the power granted to the city by article XI, section 9 of the constitution to establish, purchase and operate public works to furnish its inhabitants with water.

(Ord. No. 2025-13, § 1 (Exh. A))

Connection charges are required for water service capacity for the parcel of land upon which service is requested. Capacity shall attach to and run with the land. Capacity may be reallocated within the lot or parcel after the filing for subdivision of that lot or parcel. The property owner may, prior to the recordation of the subdivision (or parcel) map, submit a letter of reallocation of capacity right to the city which identifies the new lot(s) or parcel(s) formed and indicates the capacity being allocated to each newly created lot or parcel. If such letter is not received by the city prior to recordation, the FMU director may determine and effectuate the reallocation of capacity as is appropriate in the exercise of his or her discretion.

(Ord. No. 2025-13, § 1 (Exh. A))

In addition to all other charges established by the ordinance, rules and regulations of the city, there is hereby established a connection charge, in an amount determined pursuant to sections 22.30, 22.31, and 22.33 and subject to the provisions set forth in sections 22.32, 22.34, and 22.35. Payment of such charge shall be a condition precedent, except as provided in sections 22.32 and 22.33, to connection of any water and/or sewer system of the city, and shall be payable prior to the issuance of a building permit (or prior to meter set, if building permit is not required) pursuant to this code, provided, however, that such charge shall be payable only with respect to connection of a structure to one of such systems, not both. No connection to the FMU water system shall be made, nor any water meter installed, until connection charges are paid.

Where, in the opinion of the city, special conditions require the payment of connection charges at a time other than that specified above, it may provide for such charge to be paid at a time agreed to by written agreement with the owner of the property to which such charge applies. City may provide exemption by special agreement or conditions of approval of a project.

(Ord. No. 2025-13, § 1 (Exh. A))

The connection charge shall be in the amount as established by separate resolution duly adopted from time to time by city council, and shall be based on the size of the meter.

On April 1st of each year, the connection charge per family unit or equivalent meter capacity shall automatically increase or decrease from the amount then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. On or before March 1st of each year, the FMU director shall:

A. Certify to the city council and the city building official the applicable percentage of increase or decrease for the following April 1st, pursuant to the foregoing provision, and the resulting change in the amount of the connection charge per family unit or equivalent meter capacity;

B. Submit to the city council a report, based on revenues and expenditures pursuant to this article, to the date of the report and revised estimates of future revenues and expenditures pursuant to this article for the purpose of review of and determination of whether any change should be made in the amount of the charge established by this section.

(Ord. No. 2025-13, § 1 (Exh. A))

A. "Family" defined. As used in this section, "family" means one or more persons occupying a premises and living as a single nonprofit housekeeping unit. A family shall be deemed to include necessary household domestic employees.

B. Residential structures. The following family units shall apply to residential structures:

1. For each detached structure designed for occupation exclusively by one family, which structures shall include all single-family dwellings, there shall be assigned one family unit with a minimum meter size of 1-inch; and

a. For each structure or portion thereof designed for occupation by more than one family, each such family living independently of each other in a room or suite of rooms separated by a common wall or floor, which structures shall include condominiums, apartment houses, duplexes and such portion of hotels or motels which contain kitchen facilities in each room or suite of rooms designed for occupation by a family, and all mobile home parks, there shall be assigned one (1) family unit for the first room, suite of rooms or mobile home, designed for occupation by a family and sixty percent (60%) of a family unit for each remaining room, suite of rooms, and mobile home designed for occupation by a family; and

b. For each structure or portion thereof designed exclusively for occupation by senior citizens, which structures shall include condominiums and apartment houses, there shall be assigned one (1) family unit for the first room, or a suite of rooms, designed for occupation by a family, and forty-five percent (45%) of a family unit for each remaining room, or suite of rooms, designed for occupation by a family.

C. Accessory dwelling units. ADUs and JADUs are defined in section 25.50. ADUs and JADUs shall be subject to the payment of all water connection charges, except as otherwise provided in section 25.20.4.11.F, or in Government Code Sections 66314 and 66333. The connection charge shall be proportionate to the burden of the proposed ADU or JADU, based on fixture units. ADUs and JADUs constructed with a new single-family dwelling shall be charged full connection charges consistent with section 22.31(b).

D. Other structures. There shall be capacity assigned for commercial, industrial, office, church, private school, public facility and all other structures, including hotels and motels, or portions thereof; not containing rooms with kitchen facilities, and including portions of residential structures designed for commercial, office or other nonresidential use. Such determination shall subject to the approval of the FMU director and be based on the capacity of the water meter for any such structure, in accordance with the following schedule:

E. Landscape irrigation. Meter capacity shall be assigned using the following schedule for irrigation service from a meter used solely to provide separate metering of landscape irrigation. Meter size and capacity shall be determined based on the maximum continuous flow required, and subject to review and approval of the FMU director.

F. If a meter has a size and/or capacity that does not appear on the schedules provided in section 22.31(d) and (e) above, the FMU director shall determine the necessary meter size by interpolating or extrapolating the schedule and rounding up to the nearest maximum continuous flow of the water meter.

G. Fire service. No family units or meter capacity shall be assigned for unmetered fire service.

(Ord. No. 2025-13, § 1 (Exh. A))

A. Connection charges pursuant to the provisions of this article shall not be payable with respect to new or altered structures for which a building permit therefor, pursuant to the building code adopted by the city at the time of issuance of such permit, was issued prior to the original effective date of this article, December 15, 1986.

B. As exempted under section 25.20.4.11.F, ADUs and JADUs meeting the requirements of Government Code Section 66323(a)(1) or are less than 750 square feet are exempt and shall not be charged a connection charge.

C. Temporary connections as provided in sections 22.23, 22.24, and 22.25 shall be exempt from connection charges.

(Ord. No. 2025-13, § 1 (Exh. A))

A. Where it is proposed to alter a structure in any way which results in a greater potential water demand therefore, or to change or replace an existing water meter by a meter of a larger size, meter capacity applicable to such structure both prior and subsequent to such alteration or change of meter size shall be determined pursuant to the provisions of section 22.31, and a connection charge based on the difference between the meter capacity applicable prior to such alteration or change of meter size shall be paid, whether or not a connection charge was theretofore payable with respect to such structure. The charge provided for in this section shall be deemed a connection charge for the purposes of this article, even if a new physical connection of a structure is not required, the continuance of the original physical connection being conditioned on payment of the charge provided for in this section. Unless such charge is paid prior to making such alteration or change of meter size, it shall be paid within thirty days of receipt of notice of the amount payable by reason of such alteration or change of meter size. Such notice shall be mailed, postage prepaid, registered, or any owner of such structure.

B. No connection charge shall be payable when a water meter installed before December 16, 1986 is replaced by two meters, solely to provide for the separate metering of landscape irrigation. Sizing of meters installed pursuant to this subsection shall be within the sole discretion of the FMU director. If a smaller non-irrigation meter is not justified, the FMU director may allow the existing meter to stay in service rather than require it to be replaced with a new meter. Nothing in this subsection shall be construed to eliminate payment of a connection charge when otherwise due pursuant to subsection (a).

C. Where it is proposed to change or replace an existing water meter by a meter of a smaller size, no connection charge for capacity shall be required. No refund or credit of capacity charges will be issued as a result of this section unless a fee credit program is agreed to by the City.

(Ord. No. 2025-13, § 1 (Exh. A))

There is hereby created a water facilities fund into which all sums collected pursuant to this article shall be deposited.

The monies in such water facilities fund shall be used solely to acquire or construct water supplies, facilities, and systems; to repay principal and interest on bonds issued for the acquisition or construction of such water supplies, facilities and systems; to repay federal or state loans or advances made to the city for the construction of such water facilities and systems; and to pay for administration of connection charge collection.

(Ord. No. 2025-13, § 1 (Exh. A))

In the event that the building for which a connection charge has been paid is not under construction within 180 days of issuance of the plumbing permit, or in the event construction stops for 180 days, the connection charge paid shall lapse and the full amount of the connection charge in effect at the commencement or recommencement of construction shall be required. The city shall not refund the lapsed connection charge, but shall grant a credit on such connection charge in the amount of the previously paid connection charge.

(Ord. No. 2025-13, § 1 (Exh. A))