Tehachapi Municipal Code Ch. 13.07 Sewer and Water Connection Fee

In order to implement the goals and objectives of the Tehachapi sewer and water facilities and to mitigate the sewer and water impacts caused by new development in the city and by existing development requesting connection to same but which has not paid a connection fee or fees, certain public sewer and water improvements must be and have been constructed. The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

(Ord. 98-01-635 § 1(part), 1998; Ord. 91-13-594 § 1, 1991)

Sewer and water connection fees are established on issuance of all building permits for developments in the city and all requests for utility service to properties on which no connection fee has yet been paid for sewer and/or water service to pay for sewer and water facilities. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new development or the extent of use requested and set forth time for payment. For residential development projects this development fee shall be paid either prior to issuance of building permits or at the time an application is made for utility services for each dwelling unit. For commercial or industrial development projects this development fee shall be paid either prior to issuance of building permits, at the time an application is made for utility service or prior to issuance of a certificate of occupancy or final inspection. On an annual basis, the city council shall review this fee to determine whether the fee amounts are still adequate, are reasonably related to the impacts of development and whether the described public facilities are still needed.

(Ord. 98-01-635 § 1(part), 1998; Ord. 91-13-594 § 2, 1991)

A. The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

1. Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 13.07.020, or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or

2. Reimburse developers who have been required or permitted by Section 13.07.040, to install such listed facilities which are oversized with supplemental size, length or capacity.

B. The city shall annually review the unexpended funds and comply with Government Code Section 66001(e) and (f) regarding findings and refunds and Section 66006(b) regarding reporting to the public the fund's status.

(Ord. 91-13-594 § 3, 1991)

Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 13.07.020, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. 91-13-594 § 4, 1991)

A developer of any project subject to the fee described in Section 13.07.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the sewer or water impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. 91-13-594 § 5, 1991)

A. Where the city council determines that the following conditions exist, the city council may, in its sole and absolute discretion and after requiring such evidence as it deems necessary or convenient, allow for the payment of sewer connection fees in installments:

1. The premises consists of an existing single-family residence not connected to the city's sewer system; and

2. The city constructed a sewer trunk line that can now serve the residence; and

3. The city administrator has become aware of a potential threat to the health, safety and welfare of the community and has ordered the immediate connection of the residence to the sewer system; and

4. An extreme and unusual economic hardship will be imposed on the property owner should full payment of the sewer connection fee be required in a lump sum; and

5. The city does not intend to condemn the residence unless the property owner fails to connect it to the city sewer system; and

6. The city council finds that approval of such an installment payment plan will not be detrimental to the health and safety or welfare of the community; and

7. The city council finds that approval of such an installment payment plan will not affect the city's ability to construct, maintain or operate the city sewer system or to pay any financial obligations related thereto.

B. The city council may in its sole and absolute discretion approve any such installment payment plan that it deems to be warranted by the findings described in subsection A of this section. Such installment payment plan may impose a rate of interest on the unpaid balance to the extent authorized by law. The city council may require that the amount of the fees and the interest thereof shall constitute a lien against the premises. The cost for the removal of the lien and for billing, monitoring and collecting the fee (including attorney's fees) shall be a proper charge against the premises.

C. Upon approval of an installment payment plan, and as a part of such approval, the city council shall require the property owner to connect the residence to the sewer system.

D. The city council may adopt an installment payment plan by resolution specifically referring to this section; provided, that if fees and the interest thereof will constitute a lien against the premises and the city council shall first conduct a hearing and give the affected property owner or owners ten days written notice by mail of the hearing. In the adoption of any such installment payment plan, the city council may provide, as a means of enforcing compliance with the terms of the installment payment plan, that any failure to pay installments or to connect to the sewer system as required by the plan shall result in termination of water service in the manner provided in Section 13.04.240 herein. This enforcement remedy shall be in addition to all other enforcement remedies otherwise available to the city.

E. Where the city council determines, in its sole and absolute discretion, that a dwelling presently connected to the city's sewer system should be reconnected at a different location on the sewer collection system for the maintenance of the health, safety and welfare of city residents, and should the city council further determine, in its sole and absolute discretion, that such reconnection would impose an extreme and unusual economic hardship on the property owner to pay for the cost of the reconnection, the city council may authorize city staff, with the written consent of the property owner, to reconnect the property to the sewer system at a location designated by the city and at the sole expense of the property owner, and to authorize property owner's repayment of the city through an installment plan as described in subsections A, B, C and D of this section.

(Ord. 98-07-641 § 1, 1998; Ord. 93-07-617 § 1, 1993)

Any judicial action or proceeding to attack, review, set aside, void or annul this chapter or any subsequent ordinance or resolution implementing it shall be brought within one hundred twenty days of the adoption.

(Ord. 91-13-594 § 6, 1991)