San Jose Municipal Code Part 10 Municipal Water System Major Water Facilities Fee

A. After the effective date of this part, no person shall make any connection, either directly or indirectly, to the municipal water system without first paying the major water facilities fee in accordance with this part.

B. No person shall build any additional structure or enlarge any existing structure, the use of which will result in an increase in the projected average daily water use, without first paying the major water facilities fee in accordance with this part.

(Ord. 23975.)

A. Payment of the major water facilities fee shall be a condition of connection to the water system on any project. It is to be paid at the earliest of the following:

1. Prior to the approval of any final subdivision or parcel map for any project;

2. The issuance of any building permit; or

3. At the time the premises connects to the municipal water system.

No fee shall be due and owing for any project undertaken by the city.

B. Any person requesting approval of any final subdivision or parcel map, the issuance of a building permit or connection to the municipal water system shall submit an application obtained from the department of public works for that purpose.

(Ord. 23975.)

A. The major water facilities fee shall be in addition to all other fees imposed pursuant to this Code.

B. The director shall determine the projected average daily water use for each premises and convert that amount into equivalent dwelling units (EDU). The director shall then determine the fee to be collected for each premises in accordance with the schedule of major water facilities fee resolution adopted by the city council.

C. Upon determining the fee to be collected, the director shall notify the person to be charged, by mail or personal delivery at that person's last known address, of the amount of the fee.

D. The major water facilities fee is applicable to public as well as private users of the municipal water system.

(Ords. 23975, 29031.)

A. A separate fee shall be established for each service area as defined in Part 2 of Chapter 15.08.

B. The major water facilities fee shall be established at a level such that the cost of major water facilities necessary to accommodate growth and development, and which are planned over the succeeding twenty-year period, will be recovered.

C. The major water facilities fee will be based on each premises projected average daily water use expressed in equivalent dwelling units (EDU). Each premises shall share the cost for planned major water facilities to be constructed in its service area based on the relationship between its projected average daily water use and the total projected additional water use for all other undeveloped or underdeveloped premises located within that service area.

(Ord. 23975.)

The major water facilities fee is not applicable to the following:

A. Any nonresidential premises for which a building permit was issued prior to December 10, 1991.

B. Any residential premises that is part of a project that received a planned development permit prior to December 10, 1991, and received final subdivision or parcel map approval from the director of public works prior to July 1, 1992.

C. Any projects in which water system improvements for major facilities are separately paid for or financed by the developer or by an assessment district. The director shall determine which water system major facilities have been so constructed or financed.

D. Any residential premises that is part of a project which received planned development zoning prior to December 10, 1991, only if such project is subject to an affordability agreement pursuant to Health and Safety Code Section 33413(b)(2) with the city and if such project receives final subdivision or parcel map approval prior to July 1, 1993.

E. Any residential premises for which a tentative map was filed prior to December 10, 1991, and which receives final subdivision or parcel map approval prior to April 1, 1992.

(Ords. 23975, 24039, 29031.)

The council shall periodically review and adjust the major water facilities fee if necessary.

(Ord. 23975.)

The director is authorized to establish written procedures for the calculation of average daily water use and to amend such procedures from time to time as necessary to fairly implement this calculation. The written procedures for calculation of average daily water use will be made available for public review at the director's office.

(Ords. 23975, 29031.)

A. Any person may dispute the amount of the major water facilities fee by filing a petition with the director accompanied by detailed factual data in support of the claim.

B. Such petition must be filed within thirty days after the date the notice of such fee was deposited in the mail or personally delivered.

C. It shall be the responsibility of the person filing the petition to prove to the satisfaction of the director that such major water facilities fee calculation is in error.

D. If the director determines that the major water facilities fee calculation was made in error, the director shall correct the fee calculation.

E. Failure to dispute the amount of the major water facilities fee in accordance with this section shall be deemed acceptance of the correctness of the fee calculation.

(Ord. 23975.)

Whenever the director determines that money should be refunded pursuant to Section 15.08.1200, the director is authorized to make such refunds from the account in the major water facilities fund for that service area. The city shall not be liable for interest on any amount determined to be refundable. The city shall not make a refund when there is insufficient money in the account to make the refund or any part thereof.

(Ord. 23975.)

A. Any fees collected pursuant to the provisions of this Part 10 shall be placed in a separate fund, with a separate account for each service area as defined in Part 2 of Chapter 15.08.

B. A fund is hereby created for such purpose and shall be known as the "major water facilities fees fund."

C. Such accounts shall be used only for: 1) the acquisition, construction and reconstruction of that portion of the municipal water system of the City of San José within the service area for which the account was created; 2) the repayment of principal and interest on any bonds which may hereafter be issued for the acquisition, construction or reconstruction of the facilities within the service area for which the account was created; 3) the repayment of loans or advances which may hereafter be made for the acquisition, construction or reconstruction of facilities within the service area for which the account was created; and 4) engineering, direct and administrative costs of the city in collecting the fee imposed by this part and for direct and indirect overhead costs of the city in performing any such tasks including, but not limited to, calculation of the benefits received.

D. As used in this section, "direct costs" means the cost of hiring consultants, employee wages and salaries and costs of employee fringe benefits incurred by the city, and mileage reimbursement attributable to any activities related to the collection of the major water facilities fee. As used in this section, "administrative costs" includes, but is not limited to, all costs for computer service, materials, postage, supplies and equipment.

(Ord. 23975.)

Authorized representatives of the city, after displaying proper identification, shall have the right of entry in and upon all buildings and premises in the City of San José for the purpose of making inspections, reinspections or otherwise performing such duties as may be necessary for the enforcement of the provisions of this Part 10. Such entry shall be subject to the provisions of Section 1822.50 et seq. of the California Code of Civil Procedure when necessary.

(Ords. 23975, 29031.)