Montclair Municipal Code Art. VIII Regional Requirements

Every person constructing a new residential structure in the City who connects to the City sewer system shall pay to the City a regional capital outlay fee for each residential unit pursuant to Section 9.20.460 of this chapter. This fee is not required for a residential unit built as a replacement for a similar unit which had been connected to the City sewer system. A residential unit is defined as each unit designated for the purpose of providing permanent housing for one family or tenant. This includes, but is not limited to, a single-family detached residence, apartment, townhouse, condominium, mobile home, or trailer space. Each unit shall constitute one equivalent dwelling unit (EDU).

(Ord. 99-791 Exh. A (part); prior code § 6-6.901)

Every person constructing a new structure in the City for the purpose of providing permanent housing for enterprises engaged in the exchange of goods and services who connects to the City sewer system shall pay to the City a regional capital outlay fee. Commercial industrial units shall include, but are not limited to, all private business and service establishments, schools, churches, and public entities. This fee shall be paid pursuant to Section 9.20.460 of this chapter. The EDU number shall be determined by multiplying the fixture units (as defined by the 2007 California Plumbing Code) shown on the approved building plans by the appropriate sewage factor from the following category use:

A. For commercial laundromats, if high efficiency front-load washers from approved Metropolitan Water District of Southern California (MWD) washer list are used, the number of fixture units per machine is established at two fixture units.

Commercial centers with various use categories will be the sum of EDUs computed for each use. The wastewater factor is derived from the formula:

[Figure]

Computation of Equivalent Dwelling Unit (EDU)

(Ord. 08-903 § 1 (part): Ord. 99-791 Exh. A (part); prior code § 6-6.902)

A. Every person constructing a new structure in the City for the purpose of providing permanent housing for an enterprise engaged in the production, manufacturing or processing of material who connects to the City sewer system shall pay to the City a regional capital outlay fee. The EDUs for industrial users shall be determined as follows:

1. For domestic wastewater, the EDU number is computed by multiplying the fixture units (as defined by the Uniform Plumbing Code) as shown on the approved building plans by a wastewater factor of 0.0741, based on 20 gallons per fixture-unit flow per day.

2. For nondomestic wastewater, the EDU number is computed from information contained on the industrial user discharge permit application using the following formula:

[Figure]

3. The total EDU number equals the combined resultant of the EDU numbers derived from subsections (A)(1) and (2) of this section.

B. For any newly constructed commercial unit or industrial unit connected to the City sewer system with an estimated wastewater flow exceeding 15,000 gallons per day, the amount of the EDU number shall be determined by the Regional Technical Committee and approved by the Inland Empire Utilities Agency.

(Ord. 08-903 § 1 (part): Ord. 99-791 Exh. A (part); prior code § 6-6.903)

The regional sewage supplemental capital outlay fee for residential, commercial, and industrial structures shall be the equivalent dwelling unit (EDU) number multiplied by the EDU value of Five Thousand Four Hundred Fifteen ($5,415) Dollars as established by the Inland Empire Utilities Agency effective January 1, 2016; Six Thousand Nine ($6,009) Dollars as established by the Inland Empire Utilities Agency effective January 1, 2017; Six Thousand Three Hundred Nine ($6,309) Dollars as established by the Inland Empire Utilities Agency effective July 1, 2017; Six Thousand Six Hundred Twenty-Four ($6,624) Dollars effective July 1, 2018; and Six Thousand Nine Hundred Fifty-Five ($6,955) Dollars as established by the Inland Empire Utilities Agency effective July 1, 2019. The EDU value is based on construction costs and takes into consideration the current Engineering News-Record Construction Cost Index nationwide using the 20-city average.

(Ord. 07-892 § 1: Ord. 06-884 § 1: Ord. 05-863 § 1: Ord. 04-847 § 1: Ord. 03-831 § 1: Ord. 02-818 § 1: Ord. 01-813 § 1: Ord. 00-804 § 1: Ord. 99-792 § 1: Ord. 99-791 Exh. A (part); prior code § 6-6.904)

(Ord. No. 09-908, § 1, 5-4-09; Ord. No. 12-928, § 1, 3-19-12; Ord. No. 16-956, § 1, 6-6-16)

The sanitary sewer expansion fee for residential, commercial, and industrial structures shall be the equivalent dwelling unit (EDU) number multiplied by the EDU value of Five Hundred Forty ($540) Dollars effective January 1, 2016; Six Hundred ($600) Dollars effective January 1, 2017; Six Hundred Thirty ($630) Dollars effective July 1, 2017; Six Hundred Sixty ($660) Dollars effective July 1, 2018; and Seven Hundred ($700) Dollars effective July 1, 2019.

(Ord. No. 12-928, § 1, 3-19-12; Ord. No. 16-956, § 1, 6-6-16)

An owner of any project subject to a fee described in this chapter may apply to the City Engineer for a reduction of or adjustment to the fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the amount of the fee charged and either the wastewater impacts of that development or the type of sewer facilities to be built, improved or expanded. The application shall state, in detail, the factual basis for the claim of the reduction, adjustment or waiver. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the reduction, adjustment or waiver of this fee and authorize the City to impose and collect the applicable fee.

(Ord. 99-791 Exh. A (part); prior code § 6-6.905)