Chapter 17.08
PROPERTY DEVELOPMENT

Sections:

Article I. General Provisions

17.08.010    Definitions.

17.08.020    Authority.

17.08.030    Purpose of chapter.

17.08.040    Amendments to chapter and change of policies.

17.08.050    Development agreements and design standards.

17.08.060    Standards deemed minimum requirements.

17.08.070    Acceptance date.

17.08.080    Security and insurance.

17.08.090    Engineering fees.

17.08.100    Deferral of requirements.

17.08.110    Temporary improvements.

17.08.120    Deferred charges – City-financed improvements.

17.08.130    Reimbursement – Developer-financed improvements.

17.08.140    Procedure – Deferred charges – Reimbursement.

17.08.150    Charges for existing improvements.

17.08.160    Exemptions.

17.08.170    Cost clearance.

17.08.180    On-site dedications, easements, and rights-of-way.

17.08.190    Off-site easements and rights-of-way.

17.08.200    Special conditions.

17.08.210    Use of City-owned facilities.

Article II. Improvement Responsibilities and Standards

17.08.220    Street improvements.

17.08.230    Perimeter streets.

17.08.240    Frontage roads.

17.08.250    County roads and state highways.

17.08.260    Bridges.

17.08.270    Fencing.

17.08.280    Residual parcels.

17.08.290    Storm drain improvements.

17.08.300    Electric system improvements.

17.08.310    Water system improvements.

17.08.320    Sewer system improvements.

17.08.330    Improvements required for certain dwellings.

Article III. Fees, Charges and Contributions

17.08.340    Annexation fees.

17.08.350    Development fees.

17.08.360    Connection charges.

17.08.370    Charges for special circumstances.

17.08.380    Surrender of utility services.

17.08.390    Area A Specific Plan and EIR cost recovery fees.

Article I. General Provisions

17.08.010 Definitions.

For the purpose of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

“Applicant” means any person applying to the City or its departments for a building permit or for a connection to any of the existing public utilities operated by the City.

“Benefiting parcel or property” means property which is, or may be, served by public utilities and public service facilities as a result of the installation of improvements on land being developed or redeveloped, where the benefiting parcel(s) is under separate ownership and the parcel does not participate in the cost of such public facilities.

“Contingent charge” means evidence of the future liability of any property to bear its cost for utilities and public service facilities before acquiring any right to utilize such facilities.

“Developed land” means land on which is constructed all frontage improvements and on-site facilities and for which all on-site facilities were previously paid.

“Developer” means any person who causes land to be divided into two or more parcels for himself or others, or is engaged in the development of property, in whole or in part, by the placing of any improvements thereon whether the property was previously developed in whole, in part, or at all.

“Development” means the subdivision of property and/or the construction of buildings or establishment of uses which will make some demand upon the City’s utilities and/or service facilities.

Development Agreement. Not to be confused with the State Planning Act.

“Development site” means the entire area considered for development less public streets and right-of-way required.

“Institution” means a governmental or nonprofit organization of a public character, performing functions of schools or churches to the extent that such are not engaged in residential, commercial or industrial activities.

“Intervening property” means property located between the existing City utilities and public service facilities and the property under development.

“Labor cost” means the cost for labor performed by the City, and shall include direct (wages and equipment) and indirect (overhead) costs.

“Material cost” means the cost for material furnished by the City, and shall include direct costs plus overhead.

“Off-site facility” means any facility installed outside of a development site and an on-site facility.

“On-site facility” means any facility installed in, over, under, or upon the public streets or rights-of-way within or on the perimeter of a development site.

“Oversize facility” means a facility containing supplemental size, capacity or number for the benefit of property not within the development, and dedicated to the public.

“Redevelopment” means the reconstruction of an existing building or demolition and new construction in such a way as to change the size and/or use or intensity of use of the property so as to increase the property’s demand upon the City’s utilities and/or service facilities.

“Security” means any form of guarantee, including a cash deposit, surety bond or an instrument of credit, in an amount and form satisfactory to the City. (Ord. 721 § 2, 1983. Code 1964 § 17A-1.)

17.08.020 Authority.

This chapter is enacted in pursuance of Section 7 of Article XI of the Constitution of the State of California.

Refer also to Subdivision Map Act and Benefit District. (Ord. 721 § 2, 1983. Code 1964 § 17A-2.)

17.08.030 Purpose of chapter.

The purpose of this chapter is to officially define certain policies, requirements, and procedures for the development of property in the City, in order to:

A.    Establish minimum standards for the improvement of streets and easements of the City as a condition precedent to acceptance of dedications thereof.

B.    Cause the installation of utilities and public service facilities necessary to properly serve the property developed.

C.    Provide for the current financing of such facilities on a “pay as you go” basis.

D.    Provide for the collection of charges for the use of certain facilities from property owners benefited by such installations.

E.    Spread the cost of required public improvements upon the property benefited in the manner contemplated by law.

F.    Prevent the dissipation or improper use of City’s general operating and maintenance funds in providing these improvements or in maintaining faulty installations.

G.    Protect the living standards, public safety, and common welfare of the general public. (Ord. 721 § 2, 1983. Code 1964 § 17A-3.)

17.08.040 Amendments to chapter and change of policies.

The City reserves the right to revise, amend and change any of the policies contained in this chapter as deemed necessary and equitable by the City Council. All existing City policies in conflict herewith are hereby amended to the extent necessary to remove such conflict. The City further reserves the right from time to time, by resolution or ordinance of the City Council, to revise, amend and change any of the standards, costs, prices, fees, and charges prescribed or established by this chapter and established pursuant to this chapter. (Ord. 721 § 2, 1983. Code 1964 § 17A-4.)

17.08.050 Development agreements and design standards.

In consideration for the acceptance by the City of required utilities and public service facilities, for providing the necessary connecting system, general plant and appurtenances and for contributing labor and material, as provided in this chapter or any resolution passed and adopted pursuant thereto, developers shall be required to enter into a development agreement covering the cost, type, quality, standard, and character of installing same in accordance with the provisions set forth in this chapter. All utilities and public service facilities required pursuant to this chapter shall be in accordance with City standards and approved by the director of public works/City engineer. For the purpose of design, the estimated useful life of the prescribed utilities and public service facilities shall be at least as set forth in Table 1 as follows:

Table 1

Facility

Estimated Life

Street Improvements

25 years

Sidewalks

25 years

Street Signs

25 years

Street Lighting Fixtures

25 years

Electric System Installations

50 years

Water System Installations

50 years

Sanitary Sewer System Installations

50 years

Storm Drain System Installations

50 years

(Ord. 721 § 2, 1983. Code 1964 § 17A-5(a).)

17.08.060 Standards deemed minimum requirements.

The standards established by this chapter are minimum standards only, and the City Council reserves the right to require higher standards in the event that the City Manager of the City shall find that the minimum standards established by this chapter are not adequate, suitable, or proper because of the location, soil structure or any other cause in which the improvement or facility is located. (Ord. 721 § 2, 1983. Code 1964 § 17A-5(a).)

17.08.070 Acceptance date.

All utilities and public service facilities which may be the subject of the development agreement specified in HMC 17.08.050 will be accepted for maintenance and operation by the City not later than 30 days after acceptance by the City Council, providing that all conditions of such agreements are fulfilled. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one year from the date of acceptance by the City shall be the responsibility of the developer. Security, in an amount specified in the agreement, shall be deposited with the City for the purpose of guaranteeing that such repairs and corrections will be made upon notification to the developer of such deficiencies. (Ord. 721 § 2, 1983. Code 1964 § 17A-5(b).)

17.08.080 Security and insurance.

Developers shall furnish security satisfactory to the City to guarantee the installation of or to pay for extending required public utilities and public service facilities or to fulfill any condition for quasi-public facilities, such as landscaping, driveways and parking, established by the City Council or any board or commission authorized by the City Council. The security shall be in amounts specified in the development agreement, in no case exceeding 100 percent of estimated cost of such installment for performance or 50 percent for maintenance.

Developers shall obtain insurance coverages of the types and in the amounts specified in the development agreement. Security and certification of insurance coverages required by this chapter shall be furnished to the City prior to execution of the agreement, and in no event shall any work of development commence before the developer has satisfied all requirements pursuant to this chapter for security, insurance coverages and entering into the required agreement. (Ord. 721 § 2, 1983. Code 1964 § 17A 5(c).)

17.08.090 Engineering fees.

Property developers shall pay fees for engineering and inspection services rendered by the City, as prescribed from time to time by resolution of the City Council. The fees prescribed by resolution shall be a base fee, calculated to reimburse the City for its cost of providing design services, engineering plan review and inspection. The developer shall pay in addition to such base fee all charges incurred in connection with engineering and inspection including, but not limited to, such charges as overtime and the costs of special consultants (soils, traffic, geologists, etc.). All such fees are due and payable upon demand by the City, as prescribed from time to time, by resolution of the City Council, but in all cases shall be paid prior to final acceptance of the project. (Ord. 721 § 2, 1983. Code 1964 § 17A-5(d).)

17.08.100 Deferral of requirements.

Whenever it is deemed necessary by the City to defer the construction of any improvement required by this chapter because of incompatible grades, future planning, or for any other reasons, the developer shall contribute his share of the costs of the future improvements to the City, or the developer may post acceptable security ensuring completion of such improvements upon demand of the City. The City shall not refund any of the funds so paid. (Ord. 721 § 2, 1983. Code 1964 § 17A-6.)

17.08.110 Temporary improvements.

The developer shall pay all costs for all temporary improvements and shall maintain the same, except as may be provided under HMC 17.08.120 through 17.08.160. Prior to the construction of any temporary facility, the developer shall file with the City suitable security, which shall ensure that the temporary facilities will be properly constructed, maintained and removed. (Ord. 721 § 2, 1983. Code 1964 § 17A-7.)

17.08.120 Deferred charges – City-financed improvements.

Subject to the procedure set forth in HMC 17.08.140, whenever any property or parcel of land is benefited by the installation of any of the required facilities, utilities or public works improvements, the City may advance the costs of same and defer the collection of charges for such facilities until such time as such property is developed. Such charges shall be satisfied before any parcel map, tract map, building permit or service connection for such property is granted or accepted by the City. Engineering diagrams showing property benefited shall be furnished by the City Manager and City engineer, showing the estimated amounts of such deferred charges. (Ord. 721 § 2, 1983. Code 1964 § 17A-8(A).)

17.08.130 Reimbursement – Developer-financed improvements.

Subject to the procedure set forth in HMC 17.08.140, if, for any reason, the City is not in a position to advance the costs of the required right-of-way, facilities, utilities, or public works improvements for intervening properties or parcels of land, the developer shall, at the sole discretion of the City, install or cause to have installed the required improvements, or shall advance to the City the costs for such improvements, including engineering and overhead, for which the City will enter into reimbursement agreement in favor of the developer, to be repaid to the developer upon collection by the City of the charges prescribed herein. In the event that the City is unable to collect such funds within specified period after the date of advancement, the right of reimbursement of the funds not collected shall lapse at the end of such period; or upon dissolution of developer if a corporation or a partnership; or upon filing of bankruptcy by developer. (Ord. 721 § 2, 1983. Code 1964 § 17A-8(B).)

17.08.140 Procedure – Deferred charges – Reimbursement.

The City Council shall, by resolution, establish a “Reimbursement District” at a public hearing, at which the percentage of benefit for each property will be established, and the estimated cost of the required facilities will be established. Benefited property owners shall be notified of said hearing and may present evidence challenging the allocation of benefit or estimated cost or both. Benefit shall be allocated in accordance with currently accepted standards of allocation. (Ord. 721 § 2, 1983. Code 1964 § 17A-8(C).)

17.08.150 Charges for existing improvements.

Whenever existing facilities, utilities or other public works improvements have been installed by either developer or the City, without cost to a property and such property lies within an area of benefit as adopted pursuant to a determination of the City Council, the owner of such benefited property shall pay to the City all charges as specified within the resolution adopted pursuant to HMC 17.08.140 before any development entitlement, i.e., parcel map, final map, building permit, or utility service connection is granted by the City.

The amount of potential reimbursement and the allocation of cost to the benefited parcels shall be specified within the resolution of the City Council establishing same. The potential amount of reimbursement shall be restricted to the sum of the following eligible costs:

A.    Actual construction costs, including engineering and inspection costs.

B.    Purchase price for any off-site right-of-way granted to City, and acquired by the developer, provided the developer does not have a prior beneficial interest in the off-site property. (Ord. 721 § 2, 1983. Code 1964 § 17A-8(D).)

17.08.160 Exemptions.

Payment of deferred and reimbursement charges shall not be required for the following:

A.    To repair a structure damaged by fire, flood, earth movement or wind, provided the resultant structure has the same or less square footage as the original structure and its use remains the same.

B.    To convey land where a new building site is not created as a result of the conveyance.

C.    To make minor additions increasing value of total structure less than 10 percent. (Ord. 721 § 2, 1983. Code 1964 § 17A-8(E).)

17.08.170 Cost clearance.

Before any building permit shall be issued or service connection made, a certificate or receipt shall be obtained from the City, showing that the liability such property has for all facilities or improvements has been satisfied or except as set forth in HMC 17.08.160. (Ord. 721 § 2, 1983. Code 1964 § 17A-9.)

17.08.180 On-site dedications, easements, and rights-of-way.

The developer shall grant to the City without cost all dedications, easements, and rights-of-way necessary for serving the property of the developer and for installation of streets, utilities and public service facilities. (Ord. 721 § 2, 1983. Code 1964 § 17A-10.)

17.08.190 Off-site easements and rights-of-way.

Where acquisition of an easement or right-of-way by the City is necessary to extend public facilities to the developer’s property, the developer shall advance all of the cost of acquisition; provided, however, the City may advance a portion of the cost of acquiring the easement or right-of-way if the City deems the acquisition of the same is sufficiently beneficial to the permanent City system. The costs advanced by the developer may be reimbursable in accordance with HMC 17.08.120 through 17.08.160 unless otherwise provided in the development agreement. (Ord. 721 § 2, 1983. Code 1964 § 17A-11.)

17.08.200 Special conditions.

Whenever extraordinary conditions or circumstances are encountered on the development of property which are not provided for by the terms of this chapter, the proration of cost of the same, if any, shall be stipulated and included with other commitments in the development agreement entered into between the City and the developer. (Ord. 721 § 2, 1983. Code 1964 § 17A-12.)

17.08.210 Use of City-owned facilities.

Except as otherwise determined by City Council, developments within the City shall be served by City-owned utility systems regardless of availability of other private or public systems. (Ord. 721 § 2, 1983. Code 1964 § 17A-13.)

Article II. Improvement Responsibilities and Standards

17.08.220 Street improvements.

A.    The developer shall construct all streets both on-site and off-site, as required, to properly service the development.

    All streets shall be constructed in accordance with specifications and standards of the City and as approved by the City engineer/director of public works. A copy of the City specifications and standards is kept on file for use and examination by the public in the office of the City engineer.

B.    The developer shall clean and maintain all streets, alleys, roads, and courts free from construction debris and dirt prior to acceptance by the City and at such other times during construction as the director of public works/City engineer deems necessary to prevent creating a public nuisance.

    In the event developer fails to clean and maintain such improvements within 48 hours after notification by the director of public works/City engineer, the City may proceed to have the improvements cleaned and maintained and the developer shall pay all costs incurred by the City prior to acceptance of improvements.

C.    The developer may be required to furnish and install trees. If so, this obligation will be met by the developer, upon approval by the City of the type of tree(s) to be planted and whether parkway space for planting of trees is sufficiently wide to prevent future damage to curbs and sidewalks. (Ord. 721 § 2, 1983. Code 1964 § 17A-20.)

17.08.230 Perimeter streets.

The developer shall dedicate and improve, at his expense, all perimeter streets to at least a 24-foot-wide traveled way. (Ord. 721 § 2, 1983. Code 1964 § 17A-21.)

17.08.240 Frontage roads.

Frontage roads shall be dedicated and improved by the developer, at his expense, to the full width. (Ord. 721 § 2, 1983. Code 1964 § 17A-22.)

17.08.250 County roads and state highways.

The developer shall install all street improvements on any abutting county roads and state highways in like manner and on the same basis as major City streets; provided, that in the case of nonaccess roads and highways, the developer shall provide curb, gutter, and sidewalk where required by the City. (Ord. 721 § 2, 1983. Code 1964 § 17A-23.)

17.08.260 Bridges.

Bridges of primary benefit to the developer, as determined by the City Council, shall be constructed at the full expense of the developer, without reimbursement from the City. The sharing of expenses between the City and the developer for the construction of bridges which are not of primary benefit to the developer, as determined by the City Council, shall be by special agreement between the City and the developer. (Ord. 721 § 2, 1983. Code 1964 § 17A-24.)

17.08.270 Fencing.

Each developer shall be required to furnish and install all fences along lot lines of houses, within any development site, backing up to an existing or future:

A.    Major City street, expressway, parkway, thoroughfare, or railroad right-of-way.

B.    Commercial area or development site entrance way.

C.    Hazard creating a public nuisance.

D.    Public utility facility.

Such fences shall be constructed according to standards established by the City. (Ord. 721 § 2, 1983. Code 1964 § 17A-25.)

17.08.280 Residual parcels.

The developer shall, concurrently with the development of any lands, construct all required public works facilities and pay all fees and charges set forth in this chapter for any residual parcel created by the development of such lands. For the purpose of this section, a residual parcel is any parcel of land having street frontage of less than 150 feet along any street within or abutting such development or comprising an area of less than 18,000 square feet. (Ord. 721 § 2, 1983. Code 1964 § 17A-26.)

17.08.290 Storm drain improvements.

A.    The developer shall construct all storm drain improvements both on-site and off-site, as required, to properly serve the development.

    Design standards shall be as follows:

1.    30-year events to be contained and carried within underground conduit.

2.    100-year events to be contained within street curbs, creeks and channels.

    Such facilities shall be installed in accordance with specifications and standards of design of the City and as approved by the public works director/City engineer.

B.    The developer shall clean and maintain storm drain facilities free from construction debris and dirt prior to acceptance by the City and at such other times during construction as the public works director/City engineer deems necessary to prevent creating a public nuisance.

C.    Private storm drain laterals connecting to the public system shall do so at a manhole, inlet or other structure approved by the public works director/City engineer. Private storm drain laterals shall be installed by the developer allowing for inspection by the City. The developer shall pay City on a time and material basis for inspecting the installation. (Ord. 721 § 2, 1983. Code 1964 § 17A-27.)

17.08.300 Electric system improvements.

A.    The developers shall agree to have the City construct, at the developer’s expense, all electrical distribution systems both on- and off-site to serve the development as well as street lighting as may be required by the City and must meet City of Healdsburg specifications and standards.

B.    The developer will be responsible, at his expense, for all necessary trenching, excavation, and backfilling, and shall provide any imported backfill material required.

C.    1. Overhead Electric Service. It is the policy of the City of Healdsburg that all electric services shall be underground unless, as determined by the electric utility director/City electric engineer, an underground service is not pertinent or practical to good electric utility practice. If said electric service is to be installed overhead, then said overhead electric service drop and subsequent electric meter shall be installed at the developer’s or subsequent development owner’s expense pursuant to Chapter 17.16 HMC and this chapter. The City shall take responsibility for the maintenance and repair of said overhead electric service drop and subsequent electric meter. The demarcation point between the City electric system and the development shall be at the outside overhead electric connection to the development’s electric weatherhead.

2.    Underground Electric Service.

a.    All single-phase residential electric underground service conduits and conductors, less than 600 volts, shall be installed, maintained, and repaired by the developer or by the subsequent residential development’s owner, for a period of 12 months, per City specifications and shall be subject to City inspection. Said 12-month period shall commence from the date of final City inspection. The costs of the electric meter shall be borne by the developer pursuant to Chapter 17.16 HMC and this chapter. After said 12-month period, the City shall take responsibility for the maintenance and repair of said electric underground service. The demarcation point between the City’s electric system and the residential development shall be at the City’s designated electric service box located at the edge of an acquired City public utility easement or City right-of-way.

b.    All commercial, industrial, and three-phase residential underground primary and secondary substructure systems, conduits, pads, vaults, and other components shall be installed by the developer, at his expense, per City specification and shall be subject to City inspection. The subsequent electric primary and secondary cables, transformers, switches, meter and connections shall be provided and installed by the City at the developer’s expense pursuant to Chapter 17.16 HMC and this chapter. The City shall maintain the responsibility for maintenance and repair of said meter and electric service to the development’s main electric panel, except for those secondary services of 600 volts or less that transgress through or over said development’s building or buildings. Said such transgressing service shall be maintained and repaired by the developer or the subsequent development’s owner, at his cost per City specification, and shall be subject to City inspection.

D.    Except as otherwise expressly stated within this chapter, new electric services will be connected subject to all of the following conditions:

1.    The land to be served is within the corporate limits of the City of Healdsburg.

2.    A City-maintained electric line of adequate capacity (as solely determined by the City) exists contiguous to a boundary to the land to be served, or adequate facilities to provide service are to be provided subject to the agreement specified in HMC 17.08.050 and the security and insurance specified in HMC 17.08.080.

3.    The developer/applicant shall make application for service on forms provided by the City and pay the charges as provided pursuant to this chapter. (Ord. 864 § 1, 1991; Ord. 721 § 2, 1983. Code 1964 § 17A-28.)

17.08.310 Water system improvements.

A.    The developer shall construct all water mains, well reservoirs, pump stations, and appurtenances both on-site and off-site, as required, to properly serve the development. All water mains and appurtenances shall be designed and installed in accordance with the specifications and standards of the City of Healdsburg and the Waterworks Standards of the State Department of Health Services (Title 17, California Administrative Code, Sections 7050 through 7081), and as approved by the public works director/City engineer.

B.    Except as otherwise expressly stated within this chapter, new water services will be connected subject to all of the following conditions:

1.    The land to be served is within the corporate limits of the City of Healdsburg.

2.    A City-maintained water main of adequate capacity and pressure (as solely determined by the City) exists contiguous to a boundary to the land to be served, or adequate facilities to provide service are to be provided subject to the agreement specified in HMC 17.08.050 and the security and insurance specified in HMC 17.08.080.

3.    The developer/applicant shall make application for service on forms provided by the City as provided in Chapter 13.12 HMC, and pay the charges as provided pursuant to this chapter.

C.    Whenever a fire service connection, whether public or private, is necessary for a development, the developer shall pay to the City a fee covering costs for time and material expended by City for each installation. Such fee shall include direct and indirect costs.

D.    Whenever the City shall install a water service or cause the installation to be done, the developer shall, prior to the installation thereof, deposit with the City the estimated cost of such work and materials including overhead, unless the City engineer defers the charge until the work is completed.

E.    Where the developer installs the water service from the main to the metering facility, the City may make the connection to the existing water main and inspect the entire service installation. The developer shall pay City on a time and material basis for making the connection and inspecting the installation. (Ord. 721 § 2, 1983. Code 1964 § 17A-29.)

17.08.320 Sewer system improvements.

A.    The developer shall construct all sewer mains, lift stations, manholes and facilities both on-site and off-site, as required, to properly serve the development.

    All sewer system improvements shall be designed and installed in accordance with the specifications and standards of the City and as approved by the public works director/City engineer.

B.    Except as otherwise expressly stated within this chapter, new sewer laterals will be connected subject to all of the following conditions:

1.    The land to be served is within the corporate limits of the City of Healdsburg.

2.    Adequate treatment plant capacity exists and that City-maintained sewer main of adequate capacity (as solely determined by the City) exists contiguous to a boundary to the land to be served, or adequate facilities to provide service are to be provided subject to the agreement specified in HMC 17.08.050 and the security and insurance specified in HMC 17.08.080.

3.    The developer/applicant shall make application for service on forms provided by the City and pay the charges as provided pursuant to this chapter.

C.    Whenever the City shall install a sewer lateral or cause the installation to be done, the developer shall, prior to the installation thereof, deposit with the City the estimated cost of such work and materials including overhead, unless the City engineer defers the charge until the work is completed.

D.    Where the developer installs the sewer lateral from the main to the property line cleanout, the City may make the connection to the existing sewer main and inspect the entire lateral installation. The developer shall pay City on a time and material basis for making the connection and inspecting the installation.

E.    Where a private sewer lateral six inches in diameter or larger or a force main connects to the public sewer system the connection shall be at a manhole or, if none exists, at a manhole installed by the developer. (Ord. 721 § 2, 1983. Code 1964 § 17A-30.)

17.08.330 Improvements required for certain dwellings.

No building permit shall be issued for the construction of homes and other structures intended for human occupancy of a value of $2,000 or more, unless provision is made in the building plans or otherwise for the construction, installation and dedication of public sidewalk, curb and gutter, and any reasonably necessary storm drainage facilities, along the frontage of the building site abutting upon the public streets. Such improvements shall be built to the standards required under Chapter 17.04 HMC and this chapter, and shall be completed before an occupancy permit may be issued for the structure. (Ord. 721 § 2, 1983. Code 1964 § 17A-30.)

Article III. Fees, Charges and Contributions

17.08.340 Annexation fees.

A.    Purpose. The purpose of this section is to provide for recovering the pro rata share of the prior investment by the City’s taxpayers and ratepayers in major utility and public service facilities available to and used by newly annexed properties.

B.    Fee Imposed. An annexation fee shall be imposed upon the owner or owners of uninhabited or inhabited territory upon annexation to the City, with the amount of the fee fixed from time to time by resolution of the City Council. The annexation fees provided in this section are separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law.

C.    Payment of Fee. The annexation fee shall be paid to the finance director as follows:

1.    Generally. For all parcels within the annexation area, annexation fees shall be paid upon request for public services; or submission of any tentative map, parcel map, any other discretionary planning permit; or if not paid earlier, upon request for any building permit for said parcel(s). Provisions for payment of fees may also be specified in a development agreement.

2.    Exceptions:

a.    Permits for alterations, repair or rebuilding of existing structures which do not increase the overall square footage of the structure, permits for the addition of porches, fences or other appurtenant accessory structures, and permits for alterations or additions to existing structures which add less than 10 percent to the square footage of existing structures shall not be subject to the payment of such fees upon the submission of the permit application.

b.    Requests for partial public services shall pay the portion of the fee associated with the requested service at the time of the request and shall pay the remainder of the fee as set forth in subsection (C)(1) of this section.

D.    Proration of Fees. All fees shall be based on the size of the annexed parcel(s) and shall be calculated to the nearest one one-hundredth of an acre. The fees shall be prorated for any property of less than one acre gross.

E.    Miscellaneous Provisions.

1.    This section shall apply to all new annexations to the City hereafter finalized, regardless of the stage of the annexation proceedings on the effective date of the ordinance codified in this section.

2.    For the purpose of this section only, if there is any dispute between the City and the owner as to the size of the parcel to be annexed, the size of the parcel shall be determined based upon the most recent assessor’s parcel map.

F.    Waiver. The City Council shall have the right to and may by resolution waive annexation fees for the following:

1.    Property owned by the City of Healdsburg.

2.    Property upon which further development is prohibited because of physical characteristics of the property or because of an open space or other permanent restrictive easement or covenant.

3.    Property where it has been shown to the satisfaction of the City Council that the purposes of the annexation fees have otherwise been provided.

G.    Deferral.

1.    The City Council shall have the right to and may by resolution defer part or all of the annexation fees for the following:

a.    Where the owner has applied for development of a portion of the property, fees for the undeveloped portion may be deferred until development is proposed.

b.    Where the owner has applied for a hardship deferral based upon the physical characteristics of the property.

2.    All deferrals shall be recorded with the county recorder and shall be paid in full upon application for development of the property or portion of property for which payment of the fees was deferred. (Ord. 914 § 1, 1995. Code 1964 § 17A-40.)

17.08.350 Development fees.

At the time a developer obtains City approval of a final map, parcel map or other entitlement enabling development or redevelopment of land within the City, the developer shall pay the City development fees equal to the development benefit from and impact to City utilities and facilities.

Such development fees shall include those applicable to the electrical, water, and sewer utilities, City parks, public buildings, public safety facilities and equipment, drainage facilities, and City streets, as well as engineering and inspection fees for developer-installed public or quasi-public improvements.

The developer may also be obligated to pay additional deferred charges as set forth in HMC 17.08.120 through 17.08.160.

The City Council will establish, by resolution, such development fees by the nature and scope of development. (Ord. 721 § 2, 1983. Code 1964 § 17A-41.)

17.08.360 Connection charges.

A.    At the time a builder seeks a building permit, the builder shall pay the City a connection fee equal to the costs to the City of providing such connections or reconnections to City utilities if such a connection is made.

    Such connection fees shall include those applicable to the electric, water, and sewer utilities or drainage facilities.

    The City Council will establish, by resolution, such connection fees based on the size and time of the connection.

B.    Where existing streets and sidewalks are not subject to refunding fees or other deferred charges, the City Council will establish, by resolution, front foot fees equating with the associated public investment where applicable.

C.    The following list of subdivisions and the parcels existing on July, 1983, shall be deemed to have fulfilled all requirements for connection fees:

Bellevue Knolls

Rosewood

El Arroyo Units 1 and 2

Valley View

Fitch Mountain Villas

Vineyard Plaza

Healdsburg Terrace

Vintage Hills

An exception is made to Vineyard Hills’ electrical connections fees as set forth in a special resolution.

D.    Wherein the City Council shall determine to permit a connection to City utilities for a property outside the City, the connection fee shall be equal to the total of the connection and development fees as well as the annexation fees associated with that utility. (Ord. 721 § 2, 1983. Code 1964 § 17A-42.)

17.08.370 Charges for special circumstances.

Whenever public utilities or facilities of the type set forth in this article are being installed in areas having or involving special circumstances, the charge or charges to be made shall be determined by the director of public works. Special circumstances shall mean the following:

A.    Connections to manholes, or sanitary sewer lines, larger than 12 inches in diameter.

B.    Replacement or installation of extra thick base or paving.

C.    Installations requiring crossing existing or proposed railroads, major roadways, ditches and utilities.

D.    Realignment or removal of service lines due to natural or manmade barriers.

E.    Acquisition of easements or rights-of-way.

F.    Installation of special pumps and facilities not common to most areas in the City.

G.    Connections or installations of sizes and facilities not listed in this article.

H.    Other conditions not listed in this section but comparable thereto.

I.    Front foot charges for property exceeding 22,000 square feet in area. (Ord. 721 § 2, 1983. Code 1964 § 17A-43.)

17.08.380 Surrender of utility services.

If the occupant of a commercial or industrial building voluntarily transfers all or substantially all of any utility service provided by the City to another resource, such as PG&E, on-site generation, private water wells or on-site wastewater treatment and disposal, the occupant shall have surrendered all existing development fee privileges, and upon resumption of City service shall pay development fees pursuant to HMC 17.08.350 for all service in excess of one equivalent residential unit. (Ord. 840 § 1, 1988. Code 1964 § 17A-44.)

17.08.390 Area A Specific Plan and EIR cost recovery fees.

A.    At the time an applicant obtains a building permit for any property subject to the Area A Specific Plan, the applicant shall pay cost recovery fees equal to the property’s pro rata share of the cost of the Area A Specific Plan and its related EIR, with the amount of the fees established by resolution.

B.    The pro rata share of the specific plan and EIR cost shall be based on the relative benefit derived from the specific plan according to the maximum number of new units authorized by the plan.

C.    Where a project developer contributed a deposit toward processing the Area A Specific Plan and EIR, the amount of the deposit may be credited to reduce the cost recovery fees. (Ord. 913 § 2, 1995. Code 1964 § 17A-44.)