Santa Maria Municipal Code Ch. 8-5 Pipeline-Extension Benefit Areas

It is the purpose of this chapter to accomplish equity in the charges for sewer and water services provided throughout the City, in that at the present time new development pays the cost of construction of the sewer and water lines to serve that development, and older developments have done the same, but from time to time the provision of water and sewer services to all developed and developing areas in the City has necessitated the construction of major water and sewer lines to and through undeveloped areas on the City's own initiative and the City's expense which, if not reimbursed upon development, would constitute an additional burden upon taxpayers throughout the City, and an unwarranted benefit to developers, subsequently making connection and receiving the benefit of such sewer and water lines. This chapter therefore provides for the establishment, by recorded resolution and map, of areas of benefit in such areas of the City as the circumstances may apply, providing for reimbursement to the City, by future connectors receiving the benefits of such sewer and water lines, of appropriate pro rata charges, thereby lessening the burden upon City taxpayers and avoiding an unwarranted benefit to such developers.

(Prior Code § 20A-1)

In any case where the City initiates and accomplishes through the use of public funds the construction of a major water line or sewer line, the completing of which will substantially benefit undeveloped or underdeveloped properties, the Director of Utilities shall transmit to the City Manager for placement upon the agenda of the Council a request for a resolution establishing an area of benefit served by such sewer or water line, and providing for appropriate charges for future connectors thereto on an equitable pro rata basis.

(Prior Code § 20A-2; Ord. 2005-01, eff. 3/3/05)

The Council shall consider the request at a public hearing and hear any and all protests to the proposed areas of benefit and proposed reimbursement charges, and shall then adopt a resolution implementing the request, modifying it or rejecting it.

(Prior Code § 20A-3)

The resolution referred to in Section 8-5.03, as adopted, which shall include a schedule of charges, together with an appended map of the area of benefit, shall be certified by the City Clerk and recorded in the office of the county Clerk-Recorder.

(Prior Code § 20A-4)

From and after the date of adoption of the resolution provided for in this chapter by the Council, in the case of any development of property within the area of benefit, such reimbursement shall be required as a condition of subdivision within such area. In any event, the building official shall require the payment by the developer of the pro rata fee prescribed in the development as a condition of, and prior to, the issuance of a building permit for the property; provided, that payment of the reimbursement shall be credited against the applicable charge required by the building official.

(Prior Code § 20A-5)