Upland Municipal Code Art. II Sanitary Sewer Facilities Expansion Fee

A. The purpose of this fee is to finance expansion of the city sewerage collection system necessary to mitigate the impact of new development in the city upon the system.

B. In order to implement the goals and objectives of the city general plan and the city's five year capital outlay improvement program, which shall be updated annually, and to mitigate the impact of additional sewage flows caused by new development to the city's sewerage collection system, the expansion of certain sanitary sewer facilities is necessary. 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 contained herein, 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.

C. The city five-year capital improvement program and the "Report of Long Range Sewer Facilities Expansion Needs" identifies the need for new sewerage collection facilities and sets forth the relationship between new development, needed facilities and estimated costs of the facilities. This report shall be updated annually by the city engineer.

D. The sanitary sewer facilities expansion fee and the interest earned from the account balance for the regional sewerage supplemental capital outlay fee collected pursuant to this section shall be used to finance only the debts identified in the city's five-year capital improvement program relating to the city's community sewer system and in the "Report of Long Range Sewer Facilities Expansion Needs."

E. The city finds that new development within the city will generate additional need for sewerage collection facilities.

F. The facts and evidence presented in the city's five-year capital improvement program and the "Report of Long Range Sewer Facilities Expansion Needs" establish that:

1. There is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;

2. There is a reasonable relationship between the need for the public facilities and the type of development project on which the fee is imposed as a condition of approval of a development project; and

3. There is a reasonable relationship between the amount of the fee and the cost of the facilities to be built to service the new development projects for which the fee is imposed.

G. There is a need in this city for sewerage collection facilities which have not been completed or have been completed in anticipation of new development which has not yet contributed its fair share towards these facility costs and said facilities have been called for in or are consistent with the city's general plan.

H. The cost estimates set forth in the city's five-year capital improvement program and the "Report of Long Range Sewer Facilities Expansion Needs" are reasonable cost estimates for constructing community sewerage collection facilities necessitated by projected new development, and the development fees collected by the city from any affected development project will not exceed the total of these costs attributable to the increased capacity necessary to serve that project.

(Prior code § 7511.8.01)

The city sanitary sewer facilities expansion fee for residential, commercial and industrial structures located within or adjacent to the city limits, if requesting to connect to the city's sewer, shall be the equivalent dwelling unit (EDU) number as defined in Sections 13.24.020 and 13.24.030 of this chapter, multiplied by the following rates:

This fee shall be paid prior to the issuance of a building permit and shall be paid as a condition of the issuance of the sewer connection permit. This fee is in addition to any sewer connection charge required and in addition to the regional sewerage supplemental capital outlay fee required by the governing agency per the regional sewerage service contract.

(Prior code § 7511.8.02)

The revenues raised by payment of the city's sanitary sewer facilities expansion fee and the interest earned from the account balance for the regional sewerage supplemental capital outlay fee shall be placed in a separate and special account.

(Prior code § 7511.8.03)

On or about July 1st of each year, the city council shall review the estimated cost of the capital improvements described in the city's five-year capital improvement program and the "Report of Long Range Sewer Facilities Expansion Needs," the continued need for those improvements, and the reasonable relationship between such need and the need for sewerage collection facilities as well as the city's sanitary sewer facilities expansion fee and the interest earned from payment of the regional sewerage supplemental capital outlay fee.

(Prior code § 7511.8.04)

A developer of any project subject to the fee described in this article may apply to the city engineer 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 sewage impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall state in detail the factual basis for the claim or waiver, reduction, or adjustment. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of this fee.

(Prior code § 7511.8.05)