San Jose Municipal Code Part 3 Sanitary Sewer and Sewage Treatment Plant Connection Fees

The purpose of the sanitary sewer connection fees herein established is to derive revenue which shall be used only for the construction and reconstruction of the sanitary sewer system of the City of San José and for the acquisition of land for such system.

(Prior code § 7356.)

No person shall, after the effective date of this chapter, connect any land within the City of San José, either directly or indirectly, to the sanitary sewer system of the city without obtaining a connection permit for such land connected. Application for said permit shall be made to the director of public works in the manner hereinafter provided for.

(Prior code § 7357.)

Application for permission to connect any land within the city, either directly or indirectly, to the sanitary sewer system of the city shall be filed on forms supplied for that purpose by the director of public works and shall contain:

A. A plat drawn to scale of the land to be connected, which shall show the dimensions and gross area in acres of such land;

B. The location and dimensions of any existing and/or proposed streets on such land or abutting such land;

C. A description of the buildings or structures which have been or are proposed to be constructed on such land;

D. The uses to which such buildings, structures and land are devoted or are proposed to be devoted;

E. The estimated gallons per day peak flow (highest rate of flow to emanate from such land at any time on any day) which will be discharged from such land into the sanitary sewer system of the city;

F. Plans and specifications of the plumbing to be installed on such land;

G. Such other information as shall be required by the director of public works to enable him to determine whether such connection should be allowed.

(Prior code § 7538.)

For the purposes hereinabove specified in this part and Part 4, the sanitary sewer connection fees hereinafter specified in this part are prescribed and imposed. Any person who makes an application for permission to connect, either directly or indirectly, any land within the City of San José to the sanitary sewer system of the city shall be required to pay the director of finance the sanitary sewer connection fees which apply to such land. The sanitary sewer connection fees shall be paid to and collected by the city for the construction and reconstruction of the sanitary sewer system of the city and for the acquisition of land for such system. The amount of said fees shall be as hereinafter provided and shall be payable and collected as hereinafter provided. No permit authorizing the connection, either directly or indirectly, of any land within the city to the sanitary sewer system of the city shall be granted unless such fees have been paid by the applicant for such permit to the director of finance.

(Prior code § 7359; Ord. 18224.)

If the director of public works, in the exercise of reasonable discretion, determines that the application for a permit to connect, either directly or indirectly, land within the City of San José to the sanitary sewer system of the city should he granted, and if the applicant has paid to the city the sanitary sewer connection fees which apply to such land, the director of public works may issue said applicant a permit to make the connection set forth in the application. All connections shall be made in accordance with all applicable provisions of the San José Municipal Code, and in a manner satisfactory to the director of public works.

(Prior code § 7360; Ord. 18224.)

Sanitary sewer connection fees for any land proposed to be connected to the sanitary sewer system of the city after the effective date of the ordinance codified in this part which is proposed to be divided into two or more parcels so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, and embraced by a tentative map, shall be paid before the final subdivision map or parcel map for such land is recorded. Notwithstanding the foregoing provisions of this section, sewage treatment plant connection fees shall not be required to be paid for any parcel or parcels within a minor subdivision as defined in Section 19.08.290 and exempted from the provisions and requirements of the normal subdivision regulations of the city pursuant to the provisions of Section 19.16.190 at the time of recordation of the parcel map therefor, which parcel is, or parcels are, after the effective date of the provisions codified in this part, connected to the sanitary sewer system of the city, but shall be required to be paid at the earliest of the following dates:

A. When the parcel is, or parcels are, developed and an application for a building permit is made therefor; or

B. When application is made to connect to the sanitary sewer system of the city.

(Prior code § 7361; Ord. 18224.)

All sanitary sewer connection fees collected pursuant to the provisions of this part shall be placed into a special fund which is hereby created and established for such purpose, and which shall be known as the "sanitary sewer connection fee fund." Such revenues so placed and deposited in such fund may be used for the construction and reconstruction of the sanitary sewer system of the City of San José and for the acquisition of land for such system, and for no other purpose or purposes.

(Prior code § 7362.)

Notwithstanding any contrary provisions in Part 3 and Part 4 of this chapter, the purpose of the sanitary sewer connection fees and the use for which such fees can be expended from the sanitary sewer connection fee fund shall include expenses for preliminary project engineering for the sanitary sewer system of the city. For the purpose of this section, "preliminary project engineering" means and includes studies to define the scope and magnitude of sanitary sewer problems in the city, to decide on the priority in which such problems should be solved, and to determine the size and type of sanitary sewer facilities to solve the problems. Expenses of such engineering shall include salaries, mileage costs, materials, equipment, contractual services for outside services and purchases, such as aerial photography, surveys, consultants, reproduction and title reports.

(Prior code § 7362.2; Ord. 18758.)

No building permit shall be issued for the construction or modification of any building or structure on any land in the city which, after the effective date of the ordinance codified in this part, is connected to any sanitary sewer system of the city, nor shall any building or structure be constructed or modified on any such land or on any part thereof unless the application for such permit states that, and in actual fact the sanitary sewer connection fees, sewage treatment plant connection fees and the storm drainage fees which apply to such land and are due have been paid.

(Prior code § 7363; Ord. 18224.)

For land which, at the time application for a connection permit is made, is devoted or Is proposed to be devoted to any of the following uses or combination thereof:

Apartment house

Bed and breakfast inn

Convalescent hospital

Day care center

Day care home

Dwelling, one-family

Dwelling, two-family

Dwelling, multiple

Emergency residential shelter

Guesthouse

Hospital

Hotel or motel

Medical clinic

Mobilehome

Nursery school

Residential care facility

Residential service facility

Single-room occupancy (SRO) residential hotel

Single-room occupancy (SRP) living unit facility

The sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

A. One thousand nine hundred ninety-one dollars per acre of such land proposed to be connected, plus one hundred ninety four dollars per each living unit equivalent in excess of seven living units and/or living unit equivalents per acre contained or proposed to be contained within such land; or

B. Four hundred forty-seven dollars per lot contained within such land proposed to be connected, plus one hundred ninety-four dollars per each living unit and/or per each living unit equivalent in excess of two living units and/or living unit equivalents contained or proposed to be contained within each such lot; or

C. Four hundred forty-seven dollars.

(Prior code § 7366; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is devoted or is proposed to be devoted to any of the following uses or combination thereof:

Business and professional offices

Administrative and executive offices

Retail and commercial stores, shops and establishments

Wholesale stores, shops, establishments and distributors

Social service agencies and studios

Personal service stores, shops and establishments

Banks, financial institutions and insurance companies

Research or testing laboratories

Gasoline service stations, auto repair and auto wash establishments

Garages

Commercial entertainment establishments, including but not limited to, theaters, bowling alleys, billiard and pool parlors, dancehalls, skating rinks and arenas

Auditoriums, stadiums, assembly halls, exhibit halls, boxing arenas, and churches

Eating and drinking establishments, including, but not limited to, restaurants, cafés, and soda fountains

Taverns, bars, cocktail lounges and nightclubs Caterers, food processing and bakeries

Truck, trailer, automobile, motorcycle and boat sales, rentals, storage and repair

Wrecking yards

Factories, manufacturing plants or establishments

Power plants, warehouses, industrial plants or establishments

Storage, service or repair shops or establishments

Junkyards

Garbage and rubbish dumps

Funeral homes and mortuaries

Cemeteries

Railroad passenger stations, freight terminals and repair shops

Salvage yards

Post offices

Public utility buildings

Trailer parks

Stone mills or quarries

Planing mills, lumber mills or lumberyards

Stockyards

Salt works

Animal pounds

Animal hospitals

Laundry, cleaning and dyeing establishments

Printing, publication and reproduction establishments

Radio and television broadcasting stations and studios

Gymnasiums and health clubs

Pumping plants

Sewage treatment plants

Water treatment plants

Airports

The sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

A. One thousand nine hundred ninety-one dollars per acre for the first ten acres of such land proposed to be connected, plus eight hundred sixty-one dollars per acre for each acre in excess of ten acres of such land proposed to be connected, plus one hundred ninety-four dollars per each living unit and/or each living unit equivalent in excess of seven living units and/or living unit equivalents per acre contained or proposed to be contained within such land; or

B. Four hundred forty-seven dollars per each lot contained within the land proposed to be connected plus one hundred ninety-four dollars per each living unit and/or per living unit equivalent in excess of two living units and/or living unit equivalents contained within each such lot; or

C. Four hundred forty-seven dollars.

(Prior code § 7366; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23509.)

For land which, at the time application for a connection permit is made, is developed and used as a public or private nonprofit school, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

A. One thousand four hundred seventy-five dollars per acre of such land proposed to be connected; or

B. Three hundred thirty-three dollars.

(Prior code § 7367; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

A. For land two acres or more in size which, at the time application for a connection permit is made, is used or is proposed to be used for any of the following uses or combination thereof:

Field and truck crops

Orchards and vineyards

Plant and flower nurseries

Greenhouses

Botanical conservatories and arboretums

Forest lands

Drying of crops

Animal breeding

Pastures

Livestock

Ranches

Storage, bottling and wholesaling of wine

Dairies and processing of dairy products

Poultry raising, eggs and hatcheries

Apiaries

Riding academies and stables

Hay and straw sale and storage

Guest ranches

Fur farming

The sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

1. One thousand nine hundred ninety-one dollars per acre of:

a. The area of the buildings and/or structures constructed or proposed to be constructed on such land and connected to the sanitary sewer system of the city; and

b. The areas, including, but not limited to, lawns, landscaped areas, patios, swimming pools, garages, walkways, driveways, tool sheds and chicken coops, and other such buildings, structures or improvements, all land adjacent to such buildings, structures or improvements as the director of public works, in the exercise of his/her reasonable discretion, determines is required for the use and enjoyment of such buildings, structures or improvements; or

2. Four hundred forty-seven dollars.

B. For land two acres or less in size which, at the time application for a connection permit is made, is used or is proposed to be used for any of the aforesaid agricultural or farming uses or combinations thereof, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

1. One thousand nine hundred ninety-one dollars per acre of such land proposed to be connected; or

2. Four hundred forty-seven dollars.

(Prior code § 7368; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used or is proposed to be used for a golf course, the sanitary sewer connection fee shall be, subject to such exemptions as may be contained in this part and Part 4, the greater of:

A. One thousand nine hundred ninety-one dollars per acre of the area of such land contained within:

1. The clubhouse area, parking lot area and patio area; and

2. An area of one hundred feet wide within the entire perimeter of the golf course; or

B. Four hundred forty-seven dollars.

(Prior code § 7369; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used for a driving range, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

A. One thousand nine hundred ninety-one dollars per acre of the land contained within the clubhouse area, parking lot area and patio area; or

B. Four hundred forty-seven dollars.

(Prior code § 7370; Ords. 19874, 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used or is proposed to be used as a miniature golf course, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

A. One thousand nine hundred ninety-one dollars per acre of such land; or

B. Four hundred forty-seven dollars.

(Prior code § 7370.1; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

For land which, at the time application for a connection permit is made, is used or is proposed to be used for parks, the sanitary sewer connection fee shall be, subject to such exceptions as may be contained in this part and Part 4, the greater of:

A. One thousand nine hundred ninety-one dollars per acre of such land; or

B. Four hundred forty-seven dollars.

(Prior code § 7371; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

A. Whenever the application for a connection permit mentioned in Section 15.16.520 indicates, or the director of public works estimates that twenty-five thousand one gallons of sanitary sewage per day peak flow, or more, will be discharged into the sanitary sewer system of the city from the land proposed to be connected, the sanitary sewer connection fee for such land shall be increased by an amount of money calculated as follows:

B. Excess peak flow for any particular piece of land proposed to be connected shall be determined by the following formula: (Peak flow)-(2500 X acreage of such land) = excess peak flow for such land.

C. Whenever the owner of any land in the city which is connected after the effective date of the ordinance codified in this part to the sanitary sewer system of the city proposes to discharge from such land after its initial connection, or whenever any such land discharges after its initial connection twenty-five thousand one gallons of sanitary sewage per day peak flow or more into the sanitary sewer system of the city the owner of such land shall, at the time when such owner proposes such discharge exceeding twenty-five thousand gallons of sanitary sewage per day peak flow, pay an excess discharge fee calculated as above.

D. Whenever the owner of any land in the city which is connected to the sanitary sewer system of the city after the effective date of the ordinance codified in this part, after initial payment of the applicable fee for such excessive discharge, thereafter proposes to discharge from such land, or whenever any such land thereafter discharges such an additional amount of sewage into the sanitary sewer system of the city so as to render such land subject to a higher excessive discharge fee than the excessive discharge fee which, at the time of such proposed or actual additional discharge, applies to the amount of such actual or proposed discharge on which the last excessive discharge fee was paid, the owner of such land shall, each time such additional amount of sewage is discharged or proposed to be discharged, be required to pay the excessive discharge fee which applies to the amount of such actual or proposed discharge exceeding twenty-five thousand gallons of sanitary sewage per day peak flow emanating from such land, provided that at the time of such payment such owner shall receive credit for the excessive discharge fee which, at the time of such proposed or actual additional discharge, applies to the amount of the proposed or actual excessive discharge on which the last preceding excessive discharge fee was paid.

(Prior code § 7372.)

Whenever any land in the city connected after the effective date of the ordinance codified in this part to the sanitary sewer system of the city is thereafter devoted to a new or different use, and the sanitary sewer connection fee which, at the time such land is devoted to such new and different use, applies to such new and different use is higher than the fee which, at the time such land is devoted to such new and higher use, applies to the use on which the last connection fee was paid, the owner of such land shall, each time said land is devoted to such a new and different use, be required to pay the amount of the sanitary sewer connection fee which applies 0 such new and different use at the time such land is devoted to such new and different use, provided that at the time of such payment such person shall receive credit for the sanitary sewer connection fee which, at the time such land is devoted to such new and different use, applies to the use on which the last connection fee was paid.

(Prior code § 7373.)

Sanitary sewer connection fees paid by participants in the sanitary sewer extension program, pursuant to Chapter 15.17 of this Title 15 and Resolution No. 61109, adopted on January 10, 1989, shall be paid at the rate applicable for fiscal year 1987-88.

(Ord. 23023.)

Whenever land is devoted or is proposed to be devoted to two or more uses for which different sanitary sewer connection fees are required, each such area of the land which is devoted or is proposed to be devoted to a separate use shall be required to pay the applicable sanitary sewer connection fee for such use on such area.

(Prior code § 7374.)

For land which, at the time application for a connection permit is made, is devoted or is proposed to be devoted to any use not specifically mentioned in this part and Part 4, the sanitary sewer connection fee for the most nearly similar use which is so mentioned shall apply. The decision of the director of public works as to what is the most nearly similar use shall control.

(Prior code § 7375.)

A. This section shall apply only to land connected to the sanitary sewer after the effective date of this ordinance where such land has been assessed pursuant to special assessment proceedings to pay for the cost of permanent sanitary sewer facilities which, at the time the applicable sanitary sewer connection fee is paid pursuant to the provisions of this part and Part 4, are facilities owned by the City of San José or are facilities in which the city has a right to discharge sanitary sewage.

B. Where the cost of such permanent sanitary sewer facilities has been assessed against the land described in Subsection A, above, such costs shall be credited against the particular sanitary sewer connection fee which would otherwise apply to such land. In the event the amount of such credits for assessments exceeds the applicable sanitary sewer connection fee for such land, such excess credits for assessment shall be extinguished and shall not be applied against any future sanitary sewer connection fees.

C. The credit for assessment under this section shall be calculated in accordance with the following formula:

Total construction and installation costs of facilities, determined in accordance with the schedule set forth below and entitled "Formula for Determining the Total Construction and Installation Costs of Facilities".

Multiplied By Area of particular pieces of land for which assessment credit to be determined.

Divided By Total area of the assessment district within which such land for which assessment credit is to be determined lies.

Equals Credit for assessment for particular piece of land.

D. In no event shall credit for assessments be given for any type of facilities other than those described in Subsection C, above.

(Prior code § 7376; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

A. This section shall apply only to land where permanent sanitary sewer facilities are required by the city to be constructed and installed on such land or any areas adjacent thereto at no cost to city and where such land has not been assessed pursuant to special assessment proceedings after the effective date of this ordinance and connected to the sanitary sewer system of the city, in connection with the development of such land.

B. Where such permanent sanitary sewer facilities have been constructed or installed as described in Subsection A, above, an amount of money based on the type of facilities constructed or installed on such owner shall be credited against the sanitary sewer connection fee chargeable to such owner, until exhausted, provided that such facilities are then owned by the city, or will be owned by the city upon acceptance thereof by the city.

C. In the event that the amount so credited exceeds the sanitary sewer connection fee otherwise chargeable to such owner, that excess shall be credited against future sanitary sewer connection fees chargeable to such owner. Such excess credits may be assigned to others.

D. Credits under Subsection C, above, may be used to offset any sanitary sewer connection fees chargeable in the future by city until exhausted.

E. Any and all credits under this section shall terminate ten years after the acceptance by city of the construction or installation of the facilities upon which such credits are based.

F. In no event shall the credits under this section take the form of cash or money payments by city.

G. The amounts to be credited under this section shall be calculated as follows:

(Prior code § 7377; Ords. 20190, 20195, 20840, 22281, 22545, 22835, 23508.)

The purpose of the sewage treatment plant connection fees herein established is to derive revenue which shall be used only for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, to repay principal and interest on any bonds which have been or may be issued for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, and to repay federal or state loans or advances which may hereafter be made to the city for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant.

(Prior code § 7356.1.)

No person shall, on or after September 1, 1976, make a connection of land to the sewage treatment plant without obtaining a sewage treatment plant connection permit. Application for said permit shall be made to the director of public works in the manner provided for in this Part 3.

(Prior code § 7357.1; Ord. 18224.)

Application for permission to connect land to the sewage treatment plant shall be made on forms supplied for that purpose by the director of public works, and shall contain:

A. The location of the proposed or existing buildings or structures and of the land on which they are installed or to be installed, and maps and drawings describing same, and identification of a responsible representative of the owner;

B. The use and purpose to which said land is to be put, the nature of business to be conducted on the land, and conditions in the operations to be conducted on the land;

C. The estimated quantity and strength of sewage to be discharged from such buildings or structures, including the pattern and timing of such discharge;

D. The nature of industrial waste pretreatment devices, if any, on said land;

E. The quantities and nature of raw products or chemicals stored on the said land.

(Prior code § 7368.1; Ord. 18824.)

For the purposes hereinafter specified in this part and Part 4, the sewage treatment plant connection fees hereinafter specified in this part are hereby prescribed and imposed. Any person who makes an application for permission to connect land to the sewage treatment plant shall be required to pay the director of finance the sewage treatment plant connection fees which apply to such land. The sewage treatment plant connection fees shall be paid to and collected by the City of San José for the acquisition, construction, reconstruction, and enlargement of the sewage treatment plant, to repay principal and interest on any bonds which have been made or may hereafter be made to the city for the acquisition, construction, reconstruction or enlargement of the sewage treatment plant. The amount of said fees shall be as hereinafter provided in this part, and shall be payable and collected as hereinafter provided. No permit authorizing connection to the sewage treatment plant shall be granted unless such fees have been paid by the applicant for such permit to the director of finance.

(Prior code § 7359.2; Ord. 18224.)

A. Notwithstanding anything herein in this Part 3 or in Part 4 to the contrary, an owner of one single-family dwelling unit claiming that payment of the sewage treatment plant connection fee in one lump sum payment would cause financial hardship, may, at the time an application for permit to connect such land to the sewage treatment plant is made, apply to the city council for permission to pay the applicable sewage treatment plant connection fee in installment payments instead of in one lump sum.

B. The city council, after consideration of evidence presented on the matter and upon a finding that payment of the applicable sewage treatment plant connection fee in one lump sum would cause said owner financial hardship, may (but in no event shall be required to) allow said owner to pay such fee under and pursuant to the terms of a written agreement between city and said owner, which would bind said owner to pay such fee in no more than five annual installments at such interest rate that the city council shall determine to be in the public interest (such interest rate not to exceed the maximum allowed by state statute). Pursuant to the terms of said agreement, said owner shall agree that the unpaid balance, plus interest, of such fee shall constitute a lien on the property. Under no circumstances shall an owner of one single-family dwelling unit be allowed more than one such installment agreement to be in effect under this Section 15.16.760 at any time.

C. Upon execution of said agreement, city shall cause a lien to be recorded on the property. Such written agreement for installment payments shall satisfy the "payment prerequisite" of Section 15.16.800. The first installment shall be due and payable at the time specified for payment of such fee in Section 15.16.790. The remaining outstanding balance shall be due and payable annually in principal plus interest payments beginning one year after payment of the first installment payment. The minimum annual installment payment of principal shall be twenty percent of the total fee.

D. Each such agreement shall provide that in the event said owner of a single-family dwelling unit sells all or any part of the land, for which the connection permit is granted, to any third person, all of the total remaining unpaid balance of the sewage treatment plant connection fee, including interest, shall be due and payable prior to the close of escrow of said sale.

(Prior code § 7359.1; Ords. 18224, 22099.)

Notwithstanding anything in Part 3 or in Part 4 of this chapter to the contrary, residential participants in the sanitary sewer extension program and any eligible property owner which is a nonprofit corporation under the California Corporations Code may pay the applicable treatment plant connection fee in installment payments instead of one lump sum, as provided by Chapter 15.17 of this title.

(Ord. 23023.)

If the director of public works, in the exercise of reasonable discretion, determines that the application for a permit to connect land to the sewage treatment plant of the city should be granted, and if the applicant has paid to the city the sewage treatment plant connection fees which apply to the land, the director of public works may issue said applicant a permit to make the connection set forth in the application. All connections shall be made in accordance with all applicable provisions of the San José Municipal Code and in a manner satisfactory to the director of public works.

(Prior code § 7360.1; Ord. 18224.)

Sewage treatment plant connection fees for any land proposed to be connected to the sewage treatment plant on or after September 1, 1976, which is proposed to be divided into two or more parcels for residential purposes so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, and embraced by a tentative map, shall be paid before the final subdivision map or parcel map for such land is recorded. Sewage treatment plant connection fees for land previously subdivided in accordance with applicable law or land proposed to be divided into two or more parcels for nonresidential purposes so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, and embraced by a tentative map, which is proposed to be connected to the sewage treatment plant on or after September 1, 1976, shall be paid prior to the issuance of a building permit for the construction or modification of any building or structures on any such land or if no building permit is involved before a permit to connect the land to the sewage treatment plant is issued.

Notwithstanding the foregoing provisions of this section, sewage treatment plant connection fees shall not be required to be paid for any parcel or parcels within a minor subdivision as defined in Section 19.08.290 and exempted from the provisions and requirements of the normal subdivision regulations of city pursuant to the provisions of Section 19.16.190 at the time of recordation of the parcel map therefor, which parcel is, or parcels are, after the effective date of the ordinance codified in this part, connected to the sanitary sewer system of the city, but shall be required to be paid at the earliest following dates:

A. When the parcel is, or parcels are, developed and an application for a building permit is made therefor; or

B. When application is made to connect to the sanitary sewer system of the city.

(Prior code § 7361.1; Ord. 18224.)

All sewage treatment plant connection fees collected pursuant to the provisions of this part and Part 4 shall be placed into a special fund which is created and established for such purpose, and which shall be known as the "sewage treatment plant connection fee fund." Such revenues so placed and deposited in such fund may be used only for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, to repay principal and interest on any bonds which have been issued or which may hereafter be issued for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant, and to repay federal or state loans or advances which have or may hereafter be made to the city for the acquisition, construction, reconstruction and enlargement of the sewage treatment plant.

(Prior code § 7362.1.)

No building permit shall be issued for the construction or modification of any building or structure on any land in the city which, on or after September 1, 1976, is connected to the sewage treatment plant of the city, nor shall any building or structure be constructed or modified on any such land or on any part thereof unless the application for such permit states that, and in actual fact the sanitary sewer connection fees, sewage treatment plant connection fees, and the storm drain age fees which apply to such land and are due have been paid.

(Prior code § 7363.1; Ord. 18224.)

A. For land which, at the time application for a sewage treatment plant connection permit is made, is devoted or is proposed to be devoted to single-family dwellings, residential condominiums, two-family dwellings, apartments, other multiple dwellings, or mobile home purposes, the sewage treatment plant connection fee shall be:

1. Seven hundred eighty dollars for each single-family dwelling unit;

2. Four hundred thirty-eight dollars for each residential condominium unit; and

3. Four hundred thirty-eight dollars for each mobile home within a mobile home park.

B. For land which, at the time application for a sewage treatment plant connection permit is made, is devoted or is proposed to be devoted to any other purpose or purposes, the charge shall be three million, sixty-six thousand, two hundred fifty-one dollars and forty-one cents per million gallons per day expected peak flow discharge of sewage to the sanitary sewer system of the City of San José, plus ninety-four dollars and eighty-two cents per each pound of biochemical oxygen demand per day expected peak loading to the sanitary sewer system of the City of San José, plus one hundred twenty-six dollars and forty-four cents per each pound of suspended solids of the City of San José, plus forty-nine dollars and ninety-six cents per each pound of ammonia per day expected peak loading to the sanitary sewer system of the City of San José.

The director of water pollution control, on the basis of standard methods, standard engineering practices and information contained in the application submitted pursuant to Section 15.16.740 of the San José Municipal Code, shall determine the million gallons per day expected peak flow discharge of sewage to the sanitary sewer system of the City of San José, the pounds per day of biochemical oxygen demand expected peak loading to the sanitary sewer system of the City of San José, and the pounds of ammonia expected peak loading to the sanitary sewer system of the City of San José, for the purposes of computing the sewage treatment plant connection fee.

(Prior code § 7364.1; Ords. 20574, 21277, 21396, 21397.)

Whenever any land in the city is, on or after September 1, 1976, changed to a new use or purpose, or conditions in the operations conducted thereon are changed, and the sewage treatment plant connection fee which, at the time such land is changed in use or purpose, or subject to such changed conditions, applies to such changed use or purpose or changed conditions is higher than the fee which at the time such land is so changed in use or purpose, or subject to such changed conditions, applies to the use or purpose or conditions which obtained when the last connection was made, the owner of such land shall, each time said land is so changed in use or purpose or is subject to such changed conditions, be required to apply for and receive a sewage treatment plant connection permit and to pay the amount of the sewage treatment plant connection fee which applies to such new use or purpose or such changed conditions at the time such land is changed in use or purpose, or subject to such changed conditions, provided that at the time of such payment such person shall receive credit for the sewage treatment plant connection fee which at the time such land is changed in use or purpose, or is subject to such changed conditions, applies to the use, purpose or condition which obtained when the last connection was made.

(Prior code § 7373.1; Ord. 18224.)

A. Financial Hardship.

1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, either

a. Any owner of one single-family dwelling unit, or

b. Any business which owns land and

i. Which would be deemed to be a nonprofit corporation under the California Corporations Code, or

ii. Which has an existing, valid industrial waste discharge permit for that site, which claims that payment of the sewer connection fee would cause financial hardship, may apply to the city council for permission to pay the applicable sanitary sewer connection fee in installment payments instead of one lump sum. The request shall be made at the time of application for a permit to connect such lands, either directly or indirectly, to the city's sanitary sewer system, or at the time of application for renewal of an existing discharge permit.

2. Upon receipt of a request for installment payments, the director of public works shall cause the matter to be set for a hearing before the city council. Notice of the time and place of the hearing shall be sent to the applicant.

3. After the hearing, if the council at its sole discretion finds that payment of the sanitary sewer connection fee in one lump sum would cause the applicant a financial hardship, the council may adopt a resolution authorizing the city clerk to execute a deferral agreement with the applicant.

4. A deferral agreement approved pursuant to this subsection A. shall provide that:

a. The fee shall be paid in no more than five annual installments, including interest at the rate determined by the city council; and

b. The first installment shall be due and payable at the time specified for payment in Section 15.16.550; and

c. The remaining payments of principal plus interest shall be made annually. The minimum annual installment payment of principal shall be twenty percent of the fee.

5. Every deferral agreement approved pursuant to this subsection A. shall provide that:

a. The unpaid balance, plus interest, if any, shall constitute a lien on the property; and

b. In the event the applicant conveys, exchanges or transfers all or any part of the land, for which the connection permit is granted, to any third person, all of the total remaining unpaid balance of the sanitary sewer connection fee, including interest, shall be due and payable prior to the conveyance, exchange or transfer.

6. Upon execution of a deferral agreement, the city shall cause a lien to be recorded on the property. The agreement shall satisfy the "payment prerequisite" of Section 15.16.580. No more than one deferral agreement under this Section 15.16.830 shall be in effect at any time for an owner of a single-family dwelling unit, or for a business for any one site.

B. Special Recycled Water User.

1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, any business which owns land may pay the applicable sanitary sewer connection fee in installment payments instead of one lump sum if the applicant has entered into an agreement with the city that provides that the city is satisfied that the applicant is expected to use substantial quantities of recycled water from the sewage treatment plant, that the recycled water use will exceed the projected peak wastewater flow from the property and the applicant will make a substantial financial contribution to expansion of the recycled water system operated by the sewage treatment plant.

2. Installment payments authorized pursuant to this subsection B.:

a. Shall be paid in no more than ten annual installments with no interest.

b. The first installment shall be due and payable at the time specified in the agreement; and

c. The remaining payments shall be made annually thereafter. The minimum annual installment payment shall be ten percent of the fee.

(Prior code § 7378.1; Ords. 18224, 22099, 22542, 26447.)

Notwithstanding anything in Part 3 or in Part 4 of this chapter to the contrary, residential participants in the sanitary sewer extension program and any eligible property owner which is a nonprofit corporation under the California Corporations Code may pay the applicable sanitary sewer connection fee in installment payments, instead of one lump sum, as provided by Chapter 15.17 of this title.

(Ord. 23023.)

A. Financial Hardship.

1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, any business which owns land and

a. Which would be deemed to be a nonprofit corporation under the California Corporations Code, or

b. Which has an existing valid industrial waste discharge permit for that site, which claims that payment of the sewage treatment plant connection fee would cause financial hardship, may apply to the city council for permission to pay the applicable sewage treatment plant connection fee in installment payments instead of one lump sum. The request shall be made at the time of application to connect such land to the sewage treatment plant, or at the time of application for renewal of an existing discharge permit.

2. Upon receipt of a request for installment payments, the director of environmental services shall cause the matter to be set for a hearing before the city council. Notice of the time and place of the hearing shall be sent to the applicant.

3. After the hearing, if the city council at its sole discretion finds that payment of the treatment plant connection fee in one lump sum would cause the applicant a financial hardship, the council may adopt a resolution authorizing the city clerk to execute a deferral agreement with the applicant.

4. A deferral agreement approved pursuant to this subsection A. above shall provide that:

a. The fee shall be paid in no more than five annual installments, including interest at the rate determined by the city council; and

b. The first installment shall be due and payable at the time specified for payment in Section 15.16.790; and

c. The remaining payments of principal plus interest shall be made annually. The minimum annual installment payment of principal shall be twenty percent of the fee.

5. Every deferral agreement approved pursuant to this subsection A. shall provide that:

a. The unpaid balance, plus interest, if any, shall constitute a lien on the property.

b. In the event the applicant conveys, exchanges or transfers all or any part of the land, for which the connection permit is granted, to any third person, all of the total remaining unpaid balance of the sewage treatment plant connection fee, including interest, if any, shall be due and payable prior to the conveyance, exchange or transfer.

6. Upon execution of a deferral agreement, the city shall cause a lien to be recorded on the property. The agreement shall satisfy the "payment prerequisite" of Section 15.16.800. No more than one deferral agreement under this Section 15.16.840 shall be in effect at any time for a business for any one site.

B. Special Recycled Water User.

1. Notwithstanding anything in Part 3 or Part 4 of this chapter to the contrary, any business which owns land, may pay the applicable sewage treatment plant connection fee in installment payments instead of one lump sum if the applicant has entered into an agreement with the city that provides that the city is satisfied that the applicant is expected to use substantial quantities of recycled water from the sewage treatment plant, that the recycled water use will exceed the projected peak wastewater flow from the property and the applicant will make a substantial financial contribution to expansion of the recycled water system operated by the sewage treatment plant.

2. Installment payments authorized pursuant to this subsection B. above:

a. Shall be paid in no more than ten annual installments with no interest.

b. The first installment shall be due and payable at the time specified in the agreement; and

c. The remaining payments shall be made annually thereafter. The minimum annual installment payment shall be ten percent of the fee.

(Prior code § 7378.2; Ords. 18224, 22099, 22542, 26447.)

The sanitary sewer connection fees imposed under this part shall not apply to any persons who connect land within the Park Center project area, the San Antonio Plaza project area, or the Pueblo Uno project area to the sanitary sewer system of the City of San José provided the use of such land is subject to and in accordance with the redevelopment plan for the project area in which such land is situate and that such use is the initial use of such land under such redevelopment plan, and provided further that such exemption shall not extend to that portion of any such sanitary sewer connection fees attributable to excessive discharge nor to any sanitary sewer connection fees attributable to a change in use after the connection of such land, such fees attributable to such change in use to apply and be payable without credit for the sanitary sewer connection fees theretofore exempted.

(Ord. 20020.)

Until January 1, 1986 (or sooner by ordinance of the city council), the sanitary sewer connection fees imposed under this part shall be suspended and shall not be collected from any persons who, during the period of suspension, connect land within the Julian-Stockton redevelopment project area to the sanitary sewer system of the City of San José provided the use of such land is subject to and in accordance with the redevelopment plan for said project area and that such use is the initial use of such land under such redevelopment plan, and provided further that such suspension of fees shall not extend to that portion of any such sanitary sewer connection fees attributable to excessive discharge nor to any sanitary sewer connection fees attributable to a change in use after the connection of such land, such fees attributable to such change in use to apply and be payable without credit for the sanitary sewer connection fees theretofore exempted.

(Ord. 20434.)

A. An installment payment program is hereby established for any building or structure, or portion thereof, to be utilized for industrial purposes or commercial purposes which serve primarily industrial uses within that area designated as the "Edenvale Silicon Valley South Industrial Incentive Zone," on that certain map entitled "Edenvale Silicon Valley South Industrial Incentive Zone," dated May 8, 1990, on file in the office of the city clerk of the City of San José, which map is incorporated herein by reference.

B. Any owner of a building or structure, or portion thereof, to be utilized for industrial purposes or commercial purposes which serve primarily industrial uses not already subject to an installment payment plan approved pursuant to this chapter, may apply to the city council for permission to pay the applicable treatment plant connection fee in installment payments instead of one lump sum. The request shall be made at the time of application for a permit to connect the building or structure, or portion thereof, to the city's treatment plant.

C. Upon receipt of a request for installment payments, the director of public works shall cause the matter to be set for a hearing before the city council. Notice of the time and place of the hearing shall be sent to the applicant.

D. After the hearing, if the city council at its sole discretion finds that payment of the treatment plant connection fee in installments would significantly encourage the applicant to develop in the Edenvale Silicon Valley South Industrial Incentive Zone and will not impair the city's ability to meet any obligations on outstanding indebtedness secured by treatment plant connection fees, the city council may adopt a resolution authorizing the city clerk to execute a deferral agreement with the applicant.

E. The deferral agreement shall provide that:

1. The fee shall be paid in no more than five annual installments, including interest at the rate determined by the city council;

2. The first installment shall be due and payable at the time specified for payment in Section 15.16.550;

3. The remaining payments of principal plus interest shall be made annually;

4. The unpaid balance, of principal plus interest in an amount to be determined by the city council, shall constitute a lien on the property; and

5. In the event the applicant conveys, exchanges or transfers all or any part of the property, for which the connection permit is granted, to any third person, all of the total remaining unpaid balance, including principal plus interest, of the treatment plant connection fee shall be due and payable prior to the conveyance, exchange or transfer.

F. Upon execution of the agreement, the city shall cause a lien to be recorded on the property.

G. The agreement shall satisfy the "payment prerequisite" of Section 15.16.580. No more than one installment agreement under this Section 15.16.831 shall be in effect at any time for a business for any one site.

H. For purposes of this section, the term "industrial purposes" shall have the same definition as set forth in Section 4.46.050.B.3. of this Code.

I. For purposes of this section, the term "commercial purposes which serve primarily industrial uses" means uses which are enumerated in Table 20-110 of Section 20.50.100 of this Code, and which are located on property which was zoned for commercial uses as of June 21, 1990.

J. This section shall be effective until January 1, 2000.

(Ords. 23467, 24263, 25013.)

A. To the extent not already suspended, the collection of the fees imposed pursuant to this part shall be suspended and not collected with respect to the construction of any building subject to affordability restrictions which require that the building or portion thereof be utilized for housing by households which qualify as very low income.

B. The suspension of the collection of fees hereinabove provided shall not be deemed to require the refund of any such fees paid to the City of San José prior to the effective date of this section. The suspension of fees hereunder shall terminate on June 30, 2001.

C. Definitions.

1. "Very low income households" means persons and families whose incomes do not exceed the qualifying limits for very low income households as established and amended from time to time pursuant to California Health and Safety Code Section 50105. In the event such standards are discontinued, the council shall, by resolution, establish income limits for very low income households for the city.

2. "Affordability restrictions" means covenants, conditions and restrictions running with the land and recorded with the Santa Clara county recorder's office in connection with a building or structure used for housing to be utilized by very low income households within the City of San José. The affordability restrictions shall require that a building or structure used for housing, in part or in whole, be utilized by very low income households for a minimum period of thirty years or as may be otherwise required by federal or state law.

(Ords. 24068, 25045.)

Whenever the city council finds that the application of the sanitary sewer connection fees and/or the sewage treatment plant connection fees established herein to a given piece of land would be unfair or inequitable, or would result in unnecessary hardships because of the unusual circumstances peculiar to such land, the council may by resolution grant an adjustment to or exception from the sanitary sewer connection fee and/or the sewage treatment plant connection fees applicable to such land which would be fair and equitable for the land concerned.

(Prior code § 7378.)

The director of finance shall keep in proper books a permanent and accurate account of all sanitary sewer connection fees and sewage treatment plant connection fees paid under this part and Part 4, giving the names and addresses of the persons on whose account the same were paid, the land for which such fees were collected, the use or proposed use of the land, the conditions in the operation conducted on the land on which such fees were collected, the date such fees were paid and the amount thereof, and the date of issuance of the sanitary sewer connection permit and the sewage treatment plant connection permit for such land. Such books and records shall be open for public inspection upon reasonable notice.

(Prior code § 7364; Ord. 18224.)