Wasco Municipal Code Ch. 13.19 Northside Infrastructure Sewer and Water Facility Fees

Sections: 13.19.010 Application and definitions. 13.19.020 Findings. 13.19.030 When payment of fee is required. 13.19.040 Amount of fees. 13.19.050 Disposition of development fees. 13.19.060 Annual review. 13.19.070 Repeal of inconsistent prior actions. 13.19.080 Right of appeal to city council.

The fees established by this chapter shall apply to an applicant for any "development project" which is to be constructed on the "benefited properties," as those terms are defined in this section. The city council has determined that certain properties which are within the city limits, as well as certain other properties which are not yet within the city limits but which are within the city’s sphere of influence, are benefited by the improvements described in this chapter. The fees established by this chapter shall apply to any approval of any development project to be built on any of the benefited properties, so defined, whether or not the owners at the time of the application for approval of the development project are the current owners of the benefited property upon which the development project is to be built.

A. "Benefited Properties" means each of the parcels which, on the effective date of the ordinance codified in this chapter, bears one or more of the following assessor’s parcel numbers:

488-010-03-00-8 488-010-07-00-0 487-010-42-00-4

487-010-41-00-1 488-010-10-00-8 488-010-11-00-1

487-010-09-00-9 487-010-19-00-8 487-010-23-00-9

487-010-26-00-8 487-010-27-00-1 487-010-44-00-0

488-010-12-00-4 487-010-18-01-4 487-040-08-00-5

487-040-13-00-9 487-040-15-00-5 487-040-16-00-8

487-040-17-00-1 487-040-09-00-8 487-250-01-00-5

487-250-02-00-8 487-250-03-00-1 487-250-04-00-4

487-250-05-00-7 487-250-06-00-0 487-250-07-00-3

487-250-08-00-6 487-250-09-00-9 487-250-10-00-1

487-250-11-00-4 487-250-12-00-7 487-020-08-00-9

487-020-20-00-3 487-020-19-00-1 487-020-21-00-6

487-020-22-00-9 487-020-07-00-6 487-040-02-00-7

488-040-07-00-2 487-040-10-00-0 487-040-05-00-6

488-010-18-00-2

B. "Development Project" means approval of a parcel map, site plan or tentative subdivision map or issuance of a building permit for land which includes any part or parcel of the benefited properties or any of them, as determined by the resolution of the council which sets the rate for the fees established by this chapter.

C. "Engineering study" means that certain document entitled "Impact Fee Engineering Study - City of Wasco Northside Zone of Benefit Northside Infrastructure Improvements" prepared for the city by Helt Engineering, Inc. and lodged with the city clerk on or before September 14, 2000.

D. "Northside infrastructure project" means the public improvements which included sewer mains and other related improvements and water pipelines and other related improvements, which benefit the northside infrastructure project area and which are more fully described in the engineering study.

E. "Northside infrastructure project area" means all of the benefited properties listed herein. (Ord. 446 §1, 2000).

The city council creates and establishes a separate development impact fee for the northside infrastructure project area which shall be used to reimburse the costs incurred by the city for sanitary sewer improvements and water system improvements as described in the engineering study to serve the northside infrastructure project area.

A. The city council has already established and affirms its development facility fees for sewage treatment facilities and sewage collection facilities and for water system facilities which are more fully set forth in Chapter 13.12 of this code. The development fees for the northside infrastructure project area established pursuant to this chapter are in addition to and not instead of the development facility fees already so established. For convenience, the northside infrastructure project development fees established by this chapter shall, for the balance of this chapter, be referred to by the singular term, "the fee."

B. The purpose of the fee set forth in this chapter is to reimburse the city’s enterprise funds’ capital accounts for the costs incurred by the city in constructing the public northside infrastructure project and shall be used by the city in conformity with the limitations placed upon those accounts. A fair and just cost distribution between the benefited properties for each of these improvements would be to base the distribution on the following criteria:

1. The fees attributable to any property will be based on the number of "equivalent dwelling units" (EDU)
each development will generate. Based upon the land use designated for the property in the city’s general
plan, and assuming build out to maximum capacity, the projected number of residential units per acre for
residential property, assuming (a) five residential units (EDU)/acre for low density residential property and; (b)
fifteen residential units (EDU)/acre for high density residential property.

2. Nonresidential properties are to be charged at (a) 11.96 EDU/acre for commercial properties; and (b)

C. There is a reasonable relationship between the purpose of these fees and the benefited properties because the benefited properties will benefit from the public improvements and the development of the benefited properties would necessitate the construction of the public improvements at that time. (Ord. 446 §1, 2000).

Each of the benefited properties shall be charged for a proportional share of the costs to the city of the construction the public improvements. The fee shall be payable at the time of the application for approval of a development project on a benefited property. (Ord. 446 §1, 2000).

A. The fees set forth herein shall be adjusted from time to time, but at least once every five years (or more frequently if required by changes in state law subsequent to the effective date of the ordinance codified in this chapter) after a public hearing, subject to city council review and approval, to reflect changes in the uses of the benefited properties. The city council finds that there is a reasonable relationship between the amount of the fee set herein and the public facilities or portions thereof attributable to the development project on which the fee is imposed. The basis for such determination is set out in that report titled "Impact Fee Engineering Study - City of Wasco Northside Zone of Benefit - Northside Infrastructure Improvements," dated August, 2000, on file with the city clerk of the city. Based on the report, the fees to be set forth are as follows:

1. Sewer Fees. One hundred twenty nine dollars and twenty-three cents per EDU;

2. Water Fees. Fifty-six dollars and seven cents per EDU. (Ord. 446 §1, 2000).

A. Pursuant to Government Code Section 66006, there is established separate reserve accounts within the sewer and water enterprise accounts. 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 such implementation pursuant to this chapter, including but not limited to, the costs of right-of-way acquisition, planning, legal advice, engineering, design, construction and equipment, as well as the actual cost of construction of the subject improvements;

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 additional, future public facilities as specified herein and only for the category of improvements for which the funds were deposited in that particular account.

C. If a fee paid by an owner or developer for a particular development has been retained by the city for five or more years, and the city has not committed that fee to costs for public facilities, then the city council shall make findings describing the continuing need to retain the fee each fiscal year thereafter. If the city council does not make such findings, then the city shall refund the collected fees as appropriate, along with the interest, if any, which those funds have generated since they were collected. (Ord. 446 §1, 2000).

A. Each year, during the budget review process, 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 and new development entitlements.

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

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

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

3. The amount of expenditure by line item category from that account during the fiscal year;

4. The amount of refunds made pursuant to Section 66001(e) of the Government Code out of that account during the fiscal year.

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.

D. Five years after the effective date of the ordinance which adopted this chapter, the city council will consider a report by the city manager reviewing the fee formulae established to implement the provisions of this chapter to determine whether any adjustments in the formulae are warranted.

E. Once all of the benefited properties have developed and the fees associated with them have been paid, the city council will determine whether there is any further need for this chapter. If there is none, the council may rescind the ordinance codified in this chapter and provide a final accounting of the reserve accounts created pursuant to the ordinance codified in this chapter. (Ord. 446 §1, 2000).

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. 446 §1, 2000).

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. 446 §1, 2000).