Chapter 8.20
FEES AND CHARGES
Sections:
8.20.010 Purpose.
8.20.020 Definitions.
8.20.030 Fees and charges.
8.20.040 Credits and exemptions.
8.20.050 Exemptions.
8.20.060 Contracted services.
8.20.070 Collected fees and charges.
8.20.010 Purpose.
This chapter is enacted for the purpose of prescribing and providing for collection of fees and other charges for services and facilities furnished by the West County Wastewater District in connection with its sewer system under the provisions of the Health and Safety Code of the state of California. [Ord. 3-23-71 § 4-1]
8.20.020 Definitions.
As used in this chapter, the following words shall have the following respective meanings:
A. “Person” means any individual, firm, partnership, corporation or business association. The singular shall include the plural.
B. “District” means the West County Wastewater District and “board” means the sanitary board of said district.
C. “Engineer” means the engineer-manager of the West County Wastewater District.
D. “Annexation” means the procedure for incorporation of land within the boundaries of the district.
E. “Single-family dwelling” means a building designed for occupancy by a single family.
F. “Multiple-family dwelling” means a building designed for occupancy by two or more families.
G. “Trailer court” means any parcel of land designed for residential use with two or more mobile homes, travel trailers, pickup campers or motor homes.
H. “Guest dwelling unit” means a building or two or more adjacent buildings designed primarily for occupancy by one or more persons on a transient or semi-permanent basis, excluding institutional buildings.
I. “Commercial building” means any structure, building or enclosure designed primarily for commercial use other than residential industrial.
J. “Industrial installation” means any building, plant or facility designed primarily for any type of manufacturing, processing, distillation, assembling, packing, transportation, or maintenance of industrial equipment.
K. “Miscellaneous installation” means any structure or facility not primarily designed for the aforementioned uses.
L. “Owner” means the person liable to pay real property taxes on particular premises.
M. “Connection” means the joining of any structure, building or facility to any sewer line entering the sewer system of the district for the purpose of discharging sanitary or industrial sewage or waste.
N. “Dwelling unit” means one or more habitable rooms which are occupied or which are intended, or designed to be occupied by one family on a transient, semi-permanent or permanent basis, with facilities for living, sleeping, cooking and eating.
O. “Flow zone” means a sub-area within the district encompassing land that forms a natural watershed (or drainage basin) and is more specifically defined by documents on file including the “WCCSD Flow Zone Maps” dated 8-1-80 and by exterior boundary coordinates based on the California Coordinate System. [Ord. 8-12-80; Ord. 12-4-79; Ord. 3-23-71 § 4-2]
8.20.030 Fees and charges.
A. Annexation Fees. Each person proposing the annexation of any parcel of land to the district shall pay, in addition to all other fees and charges, an amount equal to the land area in acres proposed to be annexed multiplied by $720.00 per acre. Said persons shall also pay state filing fees for annexation proceedings pursuant to Sections 54900 to 54902.5 of the Government Code, and the expenses of the district for legal publication, preparation of plats and descriptions, and other costs incurred in connection with said annexation and shall deposit with the district the amount of said fees, costs and expenses as determined by the administrative authority at the time of filing a petition of annexation. The board of the district reserves the right to require as a condition of annexation, that any person proposing annexation of any parcel of land to the district pay such larger annexation fee or charge as the board may deem proper considering special circumstances and previous assessments for bonds and improvements upon lands in the district in the vicinity of the land proposed to be annexed.
B. Plan Approval Fee. Each person proposing the construction of any building, structure or facility proposed to be connected to the sewer system of the district shall submit builders plans to the engineering department for sewer location and grade approval, prior to application for a building permit with the applicable local governmental jurisdiction.
C. Sewer Permit. Each person prior to the beginning of the construction of sewers, other than sewer main extensions, connecting any building, structure or facility to the sewer system of the district shall obtain a sewer permit.
D. Plan Approval and Sewer Permit Fees. The charge payable to the district for review and plan approval and for issuance of a sewer permit shall be as follows:
|
Classification |
Plan Approval |
Permit |
|
Single-Family Dwelling |
$10.00 |
$70.00 |
|
Multiple-Family Dwelling, Condominium |
$10.00 per bldg. |
$70.00 per building sewer |
|
School Buildings or Churches |
$10.00 per bldg. |
$70.00 per building sewer |
|
Commercial Building |
$10.00 |
$150.00 |
|
Industrial Installments |
|
|
|
(a) Contributing domestic flow only. |
$10.00 |
$150.00 |
|
(b) Contributing industrial waste as defined by Section 5 Ordinance No. 1-12-71A. |
$100.00 min.* |
3 percent of est. cost of private sewer system |
|
Miscellaneous Installations |
$10.00 min.* |
$70.00 min. or 3% est. cost of private system |
|
Minor Repairs and Alterations (including Cleanout and Backwater Overflow Prevention Device) |
No charge |
$70.00 |
* The total fee will be based on the cost of staff time spent reviewing and processing the application, plus consultant and other actual charges. The applicant will be billed upon completion of plan review. All fee payments are due prior to final inspection. Final inspection will not be made until all fees are received.
E. Large Developments and Tentative Map Review Fees.
Large Developments. Large developments are developments that are greater than one acre and have estimated equivalent residential dwelling units greater than 12 per acre. Large developments shall pay a minimum plan review fee of $400.00.*
Tentative Map/Minor Subdivision. Each person submitting a tentative map or minor subdivision to the district for review and approval in accordance with the provisions of Chapter 8.25 WCWDC shall pay a fee at the time of tentative map submittal in accordance with the following schedule:
|
Number of Proposed Lots in Subdivision |
Minimum Tentative Map Review Fee |
|
Minor Subdivision (2 – 4 lots) |
*$150.00 |
|
5 – 20 |
*$200.00 |
|
21 – 99 |
*$400.00 |
|
100 or more |
*$600.00 |
* The total fee will be based on the cost of staff time spent reviewing and processing the application, plus consultant and other actual charges. The applicant will be billed upon completion of plan review. All fee payments are due prior to final inspection. Final inspection will not be made until all fees are received.
F. Sewer Main Construction Permit Fee. Each person proposing to construct a sewer main or system of sewer mains to be connected to the sewer system of and dedicated to the district shall submit the construction drawings therefor prior to commencement of construction to the engineer for approval. The charge payable to the district for such review and the issuance of a permit shall be a sum equal to five percent of the estimated cost of said main or system.
G. Connection Fee. Each person connecting a building, structure or facility to the sewer system of the district, concurrently with the issuance of a sewer permit, shall pay a charge to the district with respect to each such building, structure or facility, as follows:
1. A minimum charge of:
|
a. |
Single-family dwelling, multiple-family dwelling, trailer court, guest dwelling or condominium (per dwelling unit) |
$965.00 |
|
b. |
Church or school building minimum* |
$965.00 |
|
c. |
Commercial building, for each 5,000 square feet of floor area on a prorated basis, but not less than $965.00* |
$965.00 |
|
d. |
Industrial installation for each 2,000 square feet of floor area on a prorated basis, but not less than $965.00* |
$965.00 |
|
e. |
Miscellaneous installation (minimum*) |
$965.00 |
* Subject to special adjustment in respect to any one installation should it be determined by the administrative authority that by reason of special circumstances the applicable minimum rates do not reflect the benefit from connection to the sewer system of the district when compared on an equivalent basis with the charge per residential dwelling unit.
2. An additional charge, to be added to the minimum amount for each dwelling unit equivalent flow of the categories listed in subsection (G)(1) of this section, termed “Flow Zone Charge” and to be in the following amount for the respective flow zone:
|
Flow Zone |
Flow Zone Charge |
|
1 |
$100.00 |
|
2 |
$250.00 |
|
3 |
$350.00 |
|
4A |
$350.00 |
|
4B |
$300.00 |
|
5 |
$800.00 |
|
6 |
$100.00 |
|
7 – 13 |
$0.00 |
|
14 |
$250.00 |
|
15 |
$200.00 |
|
16 |
$100.00 |
|
17 |
$300.00 |
|
18A |
$100.00 |
|
18B |
$800.00 |
3. A special “Excess Density” charge to be added to the minimum amount from subsection (G)(1) of this section, to be determined as follows:
|
Project Density (Number of equivalent residential dwelling units per gross acre) |
Excess Density Charge (Per equivalent residential dwelling unit) |
|
0 – 12 |
0 |
|
13 – 20 |
100 |
|
21 – 30 |
200 |
|
31 – 40 |
300 |
|
41 – 50 |
400 |
|
51 – 60 |
500 |
|
61 – 70 |
600 |
|
71 – 80 |
700 |
|
81 – 90 |
800 |
|
91 – 100 |
900 |
|
101 or greater |
1,000 minimum* |
* Fee for density in excess of 101 units per acre shall be subject to review, prior approval and establishment of adjustments as determined by the sanitary board, for each development.
H. Adjustment of Fees. The fees provided herein by subsections (A) and (G)(1) of this section for annexation, connection and flow zone charge shall be adjusted upward or downward, as the case may be, by the administrative authority as of July 1st of each year commencing July 1, 1972, except flow zone charges which will commence July 1, 1990, by the change in the Construction Cost Index as last published in the next proceeding issue of the Engineering News Record, rounded off to the nearest dollar.
The fees provided by subsections (G)(2) and (G)(3) of this section shall be reviewed and adjusted by the administrative authority, upward or downward, as the case may be, in accordance with a determination of the status of the district's treatment and collection system capacity, improvements needs and improvements fund balance.
I. Deferred Fees. The fees provided herein by subsection (A) of this section for annexation shall be deferred by the administrative authority (unless the deferral is waived by the affected property owner) whenever there has been an annexation of any parcel of land to the district by the sanitary board of West County Wastewater District at the request of the local agency formation commission in order to avoid island or other irregular annexations. Such fees may also be deferred by the administrative authority when there is an assurance that the payment of the same shall be provided from funds available from the sale of bonds in assessment district proceedings. However, such deferred annexation fees, adjusted in accordance with subsection (H) of this section, shall be payable in any event concurrently with or prior to the payment of the fees provided by subsection (G) of this section, for connections.
J. Repealed by Ord. 3-3-81.
K. Government Entities. Provisions of subsections (D) and (F) of this section applicable to plan approval fees, sewer main construction permit fees and sewer permit fees shall be waived when the applicant is the government of the United States of America, or any of its agencies or instrumentalities, the state of California, any county, city, district or other political subdivision, or any public officer or body, acting in an official capacity on behalf of the federal government, state, or any county, city, district or other political subdivision. Nothing in this subsection precludes the necessity for application and issuance of any of said permits, exercise of authority by the district, nor collection of any fees, not specifically exempt herein, which are for inspection services required by the administrative authority. A reasonable and nondiscriminatory inspection fee shall be established for governmental applicants by the administrative authority to defray the costs of the inspection. [Ord. 6-15-04 § 2; Ord. 5-16-89 §§ 1, 2; Ord. 12-7-82 § 1; Ord. 3-3-81; Ord. 8-12-80; Ord. 12-4-79; Ord. 11-28-78; Ord. 7-6-76 § 19; Ord. 4-10-73 § 1; Ord. 4-11-72; Ord. 1-11-72; Ord. 3-23-71 § 4-3]
8.20.040 Credits and exemptions.
A. When a parcel, which has been connected to the public sewer system prior to the adoption of this title undergoes additional development or redevelopment, and the new structure is for the same use (e.g., single-family dwelling replacing single-family dwelling), and a connection permit is applied for within three years of the date of removal of the structure, the following rules will apply:
1. No fee shall be payable if the new structure contains less or the same number of units as contained in the old structure.
2. If a connection fee had been previously paid to the district, and the new structure contains fewer units than the old structure, no refund shall be payable by the district.
3. If the new structure contains more units than the old structure, a fee shall be payable only for the additional units constructed.
B. Credit under subsection (A) of this section shall be given for an amount equal to the minimum charge as described only under WCWDC 8.20.030(G)(1), in effect at the time of payment of connection fees for enlargement, conversion or change in use, and applicable to the existing use. No refund shall be payable by the district when the change in use is less than the original.
C. When a structure is remodeled, connection fees shall be payable for all new units in the structure. Credit will be given for all existing units in the structure if they are replaced by new units.
D. Whereas the ordinance amendment codified in this section has been under consideration by the sanitary board and its plans and programs committee since April 1, 1983, credit shall be given to all connections made in conformance with subsections (A), (B) and (C) of this section if they were commenced on or after said date. [Ord. 11-1-83 § 1; Ord. 3-3-81; Ord. 12-26-74 § 1; Ord. 3-23-71 § 4-4]
8.20.050 Exemptions.
No connection fee shall be payable concurrently with the issuance of a permit for a connection to the sewage system of the West County Wastewater District with respect to premises previously served by a septic tank if such premises have been subject to the levy of real property taxes of the district upon improvements thereon continuously since the levy for the fiscal year July 1, 1957, to June 30, 1958, made a lien on the first Monday of March, 1957, and there is no change in use. [Ord. 3-23-71 § 4-5]
8.20.060 Contracted services.
Each person connecting a building, structure or facility located on premises outside of the district shall, in the absence of special agreements with public agencies providing for in lieu property tax payments or other compensation, pay to the district with respect to each such building, structure or facility which applicant desires to have connected to the sewer system to the district, the following:
A. The charges provided in WCWDC 8.20.030(G) set forth hereinabove upon application for connection and annually thereafter on the anniversary date of said application.
B. The charge provided in WCWDC 8.20.030(A) set forth hereinabove upon connection, which said charge shall be a deposit refundable upon termination of service.
C. Costs of preparation of any agreement. [Ord. 11-28-78; Ord. 3-23-71 § 4-6]
8.20.070 Collected fees and charges.
All fees and charges imposed by WCWDC 8.20.030(F) shall be collected for such periods and at such times as shall be determined by the engineer-manager. In the event of nonpayment of any amount due under this chapter, such amount may, by resolution, become a lien against the property served under provision of Section 5470 of the California Health and Safety Code. [Ord. 4-10-73 § 2; Ord. 3-23-71 § 4-7]