Kern County Municipal Code Ch. 17.80 Sewer Facility Impact Fee County Service Area No. 71

A. This chapter is intended to implement and be consistent with the Metropolitan Bakersfield 2010 General Plan and the Western Rosedale Specific Plan.

B. This chapter is further intended to regulate the use and development of and so as to assure that new development bears a proportionate cost of capital expenditures necessary to provide a regional sewer system consistent with the Metropolitan Bakersfield 2010 General Plan and the Western Rosedale Specific Plan.

(Ord. G-6746 § 31 (part), 2001)

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meaning:

A. "Administrator" means the director of engineering and survey services.

B. "Bakersfield City Service Area No. 1 Planned Sewer Area" means that area established by the Board of Supervisors pursuant to Section 18.50.060 of this code and as depicted in Appendix D to Chapter 18.50.

C. "Building permits" means an official document or official certification which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure within the area subject to this chapter under Section 17.80.030. In the case of a change in use or occupancy of an existing building or structure, the term shall specifically include certificates of occupancy, as defined in the Kern County Building Code (Chapter 17.08 of this code).

D. "Capital improvements" means sewer facility planning, preliminary engineering, engineering design, land surveys, right-of-way acquisition, engineering, permitting and construction of all the necessary features for any public facility for the collection, treatment, reclamation and disposal of sewage including, but not limited to construction of trunk lines, laterals, lift stations and associated appurtenances.

E. "Expansion" of the capacity of a public sewer system means all trunk lines, lift station, and treatment facility enhancements.

F. "Fee payer" means a person commencing a land development activity with respect to a commercial, industrial or residential use at a density greater than one dwelling unit equivalent per three gross acres.

G. "Regional sewer facilities list" means those projects providing public sewer conveyance, treatment and capacity for the county service area No. 71 area which are included in the adopted capital improvement plan annually adopted by the Board of Supervisors.

(Ord. G-6746 § 31 (part), 2001)

A. Except as provided in subsection (C) of the section, any person who applies to the county for the issuance of a building permit to make an improvement to land for one of the uses which is specified in subsection (B) of this section shall be required to pay a sewer facility impact fee in the manner and amount set forth in Section 17.80.040.

B. Sewer facility impact fees shall be required as a condition for the issuance of any building permit within the fee area herein under the following circumstances:

1. New construction, except for a medical hardship residence for temporary use when a zone variance has been granted for such condition;

2. Remodeling, resulting in an expansion of fifty percent (50%) or more of the existing floor area of an existing structure (excluding attached garages, carports and patios);

3. Any grading permit for construction of a new mobilehome or recreational vehicle park, or for an addition of one (1) or more spaces to an existing mobilehome or recreational vehicle park.

C. The provisions of subsection (A) of this section shall not apply to any lot for which fees for planned sewer facilities have been paid pursuant to the provisions of Section 18.50.060 of this code.

(Ord. G-6746 § 31 (part), 2001)

The building permit applicant shall pay a sewer facility impact fee at the time of building permit application in the following amount:

A. Bakersfield City Service Area No. 1 Planned Sewer Area. Equivalent single-family dwelling "ESFD" consisting of one thousand four hundred seventy-six dollars ($1,476 00) for county trunk line facilities, two thousand twenty dollars ($2,020.00) for septic abandonment, and the applicable city connection fees as of the time of payment. The ESFD for the county trunk line facilities shall be calculated based upon the land use designation of the property and the Kern County Development Standards. The city of Bakersfield connection fees shall be in accordance with the current city of Bakersfield's fees and ESFD calculations. The septic abandonment fee is applicable only to those permits that include the installation of a septic system.

B. Bakersfield City Service Area No. 2 Planned Sewer Area. Equivalent single-family dwelling "ESFD" consisting of three thousand four hundred dollars ($3,400.00) for county trunk line facilities, two thousand twenty dollars ($2,020.00) for septic abandonment, and the applicable city connection fees as of the time of payment. The ESFD for the county trunk line facilities shall be calculated based upon the land use designation of the property and the Kern County Development Standards. The city of Bakersfield connection fees shall be in accordance with the current city of Bakersfield's fees and ESFD calculations. The septic abandonment fee is applicable only to those permits that include the installation of a septic system.

C. Bakersfield City Service Area No. 3 Planned Sewer Area. Equivalent single-family dwelling "ESFD" consisting of eight hundred seventy-one dollars ($871.00) for county trunk line facilities, two thousand twenty dollars ($2,020.00) for septic abandonment, and the applicable city connection fees as of the time of payment. The ESFD for the county trunk line facilities shall be calculated based upon the land use designation of the property and the Kern County Development Standards. The city of Bakersfield connection fees shall be in accordance with the current city of Bakersfield's fees and ESFD calculations. The septic abandonment fee is applicable only to those permits that include the installation of a septic system.

D. Bakersfield City Service Area No. 4 Planned Sewer Area. Equivalent single-family dwelling "ESFD" consisting of six hundred sixty-two dollars ($662.00) for county trunk line facilities, two thousand twenty dollars ($2,020.00) for septic abandonment, and the applicable city connection fees as of the time of payment. The ESFD for the county trunk line facilities shall be calculated based upon the land use designation of the property and the Kern County Development Standards. The city of Bakersfield connection fees shall be in accordance with the current city of Bakersfield's fees and ESFD calculations. The septic abandonment fee is applicable only to those permits that include the installation of a septic system.

E. Bakersfield City Service Area No. 5 Planned Sewer Area. Equivalent single-family dwelling "ESFD" consisting of one thousand two hundred twenty-six dollars ($1,226.00) for county trunk line facilities, two thousand twenty dollars ($2,020.00) for septic abandonment, and the applicable city connection fees as of the time of payment. The ESFD for the county trunk line facilities shall be calculated based upon the land use designation of the property and the Kern County Development Standards. The city of Bakersfield connection fees shall be in accordance with the current city of Bakersfield's fees and ESFD calculations. The septic abandonment fee is applicable only to those permits that include the installation of a septic system.

F. North of River Service Area A Planned Sewer Area. Equivalent single-family dwelling "ESFD" consisting of six hundred eighty-four dollars ($684.00) for county trunk line facilities, two thousand twenty dollars ($2,020.00) for septic abandonment, and the applicable north of river connection fees as of the time of payment. The ESFD for the county trunk line facilities shall be calculated based upon the land use designation of the property and the Kern County Development Standards. The North of River Sanitary District connection fees shall be in accordance with the current North of River Sanitary District's fees and ESFD calculations. The septic abandonment fee is applicable only to those permits that include the installation of a septic system.

G. North of River Service Area B Planned Sewer Area. Equivalent single-family dwelling "ESFD" consisting of one thousand one hundred fifty-eight dollars ($1,158.00) for County trunk line facilities, two thousand twenty dollars ($2,020.00) for septic abandonment, and the applicable North of River connection fees as of the time of payment. The ESFD for the county trunk line facilities shall be calculated based upon the land use designation of the property and the Kern County Development Standards. The North of River Sanitary District connection fees shall be in accordance with the current North of River Sanitary District's fees and ESFD calculations. The septic abandonment fee is applicable only to those permits that include the installation of a septic system.

(Ord. G-7113 § 2, 2004: Ord. G-6876 § 2, 2002: Ord. G-6746 § 31 (part), 2001)

A. The fee payer shall pay the sewer facility impact fee required by this chapter to the appropriate county department as determined by the administrator at the time of issuance of a building permit.

B. All funds collected pursuant to this chapter shall be deposited into the appropriate facilities fund and used solely for the purposes specified in this chapter.

C. Fee payers may be given credit by the administrator for construction of any facility included in the capital improvement plan, including dedication of right-of-way upon submission of a project description in sufficient detail and with complete cost estimates consistent with the unit costs established in the capital improvement plan to permit the administrator to evaluate the request. Credits shall be granted when the construction is completed and accepted by the appropriate governmental entity for maintenance. Credit for land dedication shall be granted when the title to the land has been accepted by the appropriate governmental entity. No credits shall be given for any portion of the fee established for connection fees.

(Ord. G-6746 § 31 (part), 2001)

A. Funds collected from sewer facility impact fees shall be used for the purpose of capital improvements to regional sewer facilities associated with the facilities last adopted by the Board of Supervisors. Such improvements shall be of the type as are made necessary by new development.

B. In the event that bonds or similar debt instruments are issued for advanced provision of sewer functions for which impact fees may be expended, sewer facility impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are at the type described in subdivision (A) of this section.

C. Each fiscal year, the administrator shall present to the Board of Supervisors a proposed update to the capital improvement plan for sewer facilities as set forth in Section 17.80.020. Such plan shall indicate the approximate location, size, time of availability and estimates of costs for all improvements to be financed with sewer facility impact fees. Such plan shall be updated by the Board of Supervisors at a noticed public hearing as required by Government Code Section 66002.

(Ord. G-6746 § 31 (part), 2001)

If a building permit expires, is revoked or is voluntarily surrendered and is therefore voided, and no construction or improvement of land has been commenced, the fee payer shall be entitled to a refund of the sewer facility impact fee paid as a condition for its issuance.

(Ord. G-6746 § 31 (part), 2001)

Any decision made by the administrator in the course of administering this chapter may be appealed to the Board of Supervisors by filing a written notice of appeal within ten (10) days after the decision with the clerk of the Board, setting forth the grounds for the appeal. The cost to file a notice of appeal is three hundred fifty dollars ($350.00). The Board of Supervisors shall hear such appeal at a regular meeting no later than three (3) weeks following the filing of the appeal with the clerk of the Board. The appellant shall be given notice of the appeal no less than three (3) days prior to said hearing. The Board of Supervisors may, upon said hearing, sustain or overrule the decision of the administrator, which decision shall be final and conclusive.

(Ord. G-6746 § 31 (part), 2001)