Wasco Municipal Code Ch. 13.10 Water System Impact Fee

Sections: 13.10.010 Application and definitions. 13.10.020 Findings. 13.10.030 Imposition of water system impact fee. 13.10.040 Schedule of water system impact fees. 13.10.050 Payment of water system impact fee. 13.10.060 Disposition of water system impact fee. 13.10.070 Annual review. 13.10.080 Repeal of inconsistent prior actions. 13.10.090 Right of appeal to city council.

As the city of Wasco develops, there is an increased demand placed on the amount of water that the city must supply and distribute. Revenues generated from monthly water rates are only for operational and maintenance expenses, and do not cover the cost of building new infrastructure to keep pace with the added demand that new development puts on the overall water system. The fees established by this chapter shall apply to any development project to be built in the city.

A. "Development project" means any project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

B. "Engineering study" means that certain document entitled "Water System Impact Fee Engineering Study--City of Wasco" prepared for the city by Helt Engineering, Inc.

C. "Water infrastructure projects" means the public improvements which include water wells, trunk lines, rights- of-way acquisition, and other related improvements required to service new development and which are more fully described in the engineering study. (Ord. 509 §1 (Exh. A), 2006).

The city council hereby creates and establishes a development impact fee for the water system ("Water System Impact Fee") for the city which shall be used by the city for water infrastructure improvements to the city’s water system as described in the engineering study to serve the city of Wasco.

A. The imposition of a water system impact fee is an essential method of ensuring that adequate water facilities are provided and that the cost of capital facilities are apportioned based on a reasonable relationship between the fee and the type of development and the water infrastructure projects necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.

B. The fees established by this chapter are derived from, are based upon, and do not exceed the costs of providing water infrastructure projects necessitated by the new development projects for which the fees are levied.

C. The engineering study, as may be revised from time to time, sets forth a reasonable methodology and analysis for the determination of the unfunded portion of new infrastructure projects and the need for and costs for new water infrastructure projects in the city and the need for new development projects to pay their appropriate share of same. (Ord. 509 §1 (Exh. A), 2006).

A. Any person who, after the effective date of the ordinance codified in this chapter, seeks approval of a development project to develop land within the city; or by an extension of a building permit issued prior to that date; a permit for mobilehome installation; or an extension of a permit for mobilehome installation issued prior to that date, to make an improvement to land which will generate additional requirements on the city’s water system, is required to pay a water system impact fee in the manner and amount prescribed by this chapter. (Ord. 509 §1 (Exh. A), 2006).

A. The city council shall establish by resolution, a schedule of water system impact fees calculated to provide sufficient revenue necessary to pay the estimated total cost for the water infrastructure projects based on new development projects. (Ord. 509 §1 (Exh. A), 2006).

The water system impact fees created by this chapter for residential development projects shall be paid to the city pursuant to the time frames set forth in Government Code Section 66007, et seq. Water system impact fees for nonresidential development projects shall be paid at the time of issuance of the building permit for that particular project, except that the city council may defer payment of impact fees to a later date by resolution. (Ord. 608 §2 (Exh. A), 2010; Ord. 509 §1 (Exh. A), 2006).

A. Pursuant to Government Code Section 66006, there is established a separate reserve account within the water enterprise account. Any fee paid pursuant to the provisions of this chapter shall be placed into the reserve account established for such fees and used solely for the purpose of implementation of the applicable public purpose for which the reserve account was established. All moneys in the reserve account shall be credited to that account.

B. All moneys and interest in the reserve account established by this chapter shall be expended on the implementation of the applicable public purpose for which the fee was established, in the following order of priority:

1. The reimbursement to the city for all direct and indirect costs incurred by the city for the implementation of this chapter, including but not limited to, planning, legal costs and engineering.

2. The city shall use the balance of the funds so deposited into these special accounts (along with interest earnings thereon) for the costs of future public water infrastructure projects as specified herein and only for the category of improvements for which the funds were deposited in that particular account.

C. For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the city shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose to which the fee is to be put;

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete
improvements;

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate
account or fund.

When findings are required by this subsection, they shall be made in connection with the public information required by subdivision (b) of Section 66006. The findings required by this subsection need only be made for moneys in possession of the local agency, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date. If the findings are not made as required by this subsection, the city shall refund the moneys in the account or fund as provided in Government Code Section 66001. (Ord. 509 §1 (Exh. A), 2006).

A. Each year, pursuant to Government Code Section 66006, the city council will review the status of compliance with this chapter and the degree to which fees collected pursuant to this chapter are mitigating the impacts of new industrial, commercial and residential development projects on the city’s water system.

B. For each of the accounts established by this chapter, the city shall, within one hundred eighty days after the close of each fiscal year, make available to the public all of the following information:

1. A brief description of the type of fee in the account or fund;

2. The beginning and ending balance for the fiscal year in that account;

3. The fee, interest and other income to that account for the fiscal year;

4. The amount of expenditure for public improvements by line item category from that account during the fiscal year identifying the public improvements for which expenditures were made;

5. An identification of an approximate date by which the construction of the public improvement will

commence if the city determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (1) of Section 66001, and the public improvement remains incomplete;

6. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

7. The amount of refunds made pursuant to Section 66001(e) of the Government Code out of that account during the fiscal year and any allocation pursuant to Section 66001(f) of the Government Code.

C. The city council shall review the information described in subsection B of this section, at the next regularly scheduled public meeting of the council, not less than fifteen days after the information required by that subsection is made available to the public. (Ord. 509 §1 (Exh. A), 2006).

Any provision of previously adopted ordinances or resolutions of the city inconsistent with the provisions of this chapter, to the extent of such inconsistency and no further, is repealed or modified to the extent necessary to effect the provisions of this chapter. (Ord. 509 §1 (Exh. A), 2006).

Any person subject to a fee required by this chapter may apply to the city council for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person’s development project and the amount of the fee charged or the type of facilities to be provided. (Ord. 509 §1 (Exh. A), 2006).