Division 2 — SEWER FACILITIES EXPANSION FEE AND FUND

(a)

The city council finds that new development and certain changes in use increase demand on sewage collection, transmission, treatment, and disposal facilities serving the city, including facilities owned and/or operated by the Inland Empire Utilities Agency ("IEUA") and the City of Rialto.

(b)

The purpose of this division is to ensure that applicants creating new or increased sewer capacity demands pay the sewer expansion fee required to fund capacity-related obligations imposed on the city under its regional sewer service agreements.

(Code 1968, § 26-66; Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a)

Fee established. A sewer expansion fee shall be imposed as a condition of approval of new connections to the city's community sewer system and for changes in use or expansions that create additional capacity demands, where such payment is required by its regional sewer service agreement.

(b)

Applicability. The sewer expansion fee shall be due for:

(1)

Each new connection that will discharge to the city's sewer system; and

(2)

Each change in use, expansion, or modification of an existing commercial or industrial connection that results in an increase in sewage volume or strength, fixture units (as defined by the California Plumbing Code), or equivalent demand, when such increase triggers a capacity-related payment under the applicable regional sewer service agreement.

(3)

If dry sewers are installed for future connection to the sewer system, the fees shall be required even though an OWTS is to be utilized as an interim measure. In those cases where an OWTS is authorized for other than interim use, the fees shall not be required, provided that if any such structure so exempted connect to the sewer system in the future, the fees shall be payable by the then owner of record of the property.

(4)

For residential structures with building permits issued prior to July 1, 1979, and that would discharge to IEUA's sewerage system, no sewer expansion fee will be levied.

(c)

Fee determination. The sewer expansion fee shall be calculated based on the regional sewerage system to which the property is sewage will be transported for treatment/disposal:

(1)

For properties discharging to IEUA's sewerage system, the sewer expansion fee shall include the capital capacity reimbursement payment calculated using equivalent dwelling units and the then-current rate established by the IEUA.

(2)

For properties discharging to IEUA's sewerage system, the sewer expansion fee shall include the treatment-capacity and/or sewer collection facilities development payments calculated using equivalent dwelling units and the then-current rate established by the City of Rialto.

(d)

Payment due. The sewer expansion fee shall be paid prior to issuance of the building permit or sewer connection permit, or for changes in use prior to issuance of the permit required for such change.

(e)

Deposit and remittance. Fees collected under this section shall be deposited, credited, and remitted in the manner required by the applicable regional agreement.

(f)

Attachment of sewer use rights. 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 regional 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 contracting agency who originally sold the capacity.

(Code 1968, § 26-67; Ord. No. 1034, § 1, 10-1-91; Ord. No. 1060, § 9, 9-15-92; Ord. No. 1082, § 1, 7-6-93; Ord. No. 1108, § 1, 4-5-94; Ord. No. 1162, § 3, 9-5-95; Ord. No. 1287, § 1, 5-18-99; Ord. No. 1984, § 2(Exh. A), 3-10-26)

Editor's note— It should be noted that Ordinance No. 1287, §§ 2 and 3, adopted May 18, 1999 state that the fee adopted in 23-477(b) shall take effect 60 days following the date of adoption and the provisions of 23-477(b) are not intended to amend, and will not be applied in any manner prohibited by, a development agreement.

Secs. 23-478—23-500. - Reserved.