Chapter 4.20
CAPACITY CHARGES

Sections:

4.20.010    Purpose.

4.20.020    Authority.

4.20.030    Imposition of capacity charges.

4.20.040    Determination of the capacity charge rate.

4.20.050    Credits and exemptions.

4.20.060    Collection and payment of connection fee.

4.20.070    Adjustment of fees.

4.20.010 Purpose.

This chapter is enacted for the purpose of prescribing and providing for collection of capacity charges. [Ord. 2023-004 § 4.010]

4.20.020 Authority.

The district is empowered to fix fees or charges for the privilege of connecting facilities to the district’s sewer system or for the privilege of increasing the strength or quantity of wastewater discharged from connected facilities, and to provide for the collection of those fees. Revenue derived under this chapter shall be used for the construction, repair, or rehabilitation of the district’s capital facilities. The capacity charge is used to finance the replacement, repair, and expansion of wastewater facilities in order to maintain adequate levels of service within the service area. [Ord. 2023-004 § 4.020]

4.20.030 Imposition of capacity charges.

Except as provided in WCWDC 4.20.040, each person connecting a building, structure or facility to the sewer system of the district, or upsizing an existing connection, 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 specified in the most recent fee schedule. [Ord. 2023-004 § 4.030]

4.20.040 Determination of the capacity charge rate.

The capacity charge rate methodology is outlined in the district’s capacity charge study. The demand of new or upsized connections are measured in equivalent dwelling units (EDUs), which are units of measure that standardize all land use types (housing, retail, office, etc.) to the level of demand created by one single-family unit. [Ord. 2023-004 § 4.040]

4.20.050 Credits and exemptions.

A. When a parcel that has been connected to the district’s sewer system prior to the adoption of this chapter 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, a capacity charge will only be assessed for each equivalent dwelling unit or portion thereof that exceeds the prior burden placed on the system by that parcel. If a capacity fee or connection charge had been previously paid to the district, and the new structure places a lesser burden on the sewer system than the previous structure, no refund shall be payable by the district. When a structure is remodeled, capacity charges shall be payable for any increased burden on the sewer system.

B. The district’s general manager may grant equitable variances when appropriate to adequately reflect the additional burden placed on the sewer system by a new connection or upsized connection, pursuant to the provisions of Chapter 4.35 WCWDC. [Ord. 2023-004 § 4.050]

4.20.060 Collection and payment of connection fee.

Connection fees payable by industrial users are due upon service of notice of charges. Connection fees payable by other persons must be paid before an added burden is imposed on the sewer system and before a sewer connection permit is issued by the local permitting agency. Unpaid fees and charges shall become delinquent 45 days after mailing or personal service of notice of charges. The district may also impose penalties and fees as permitted by law. [Ord. 2023-004 § 4.060]

4.20.070 Adjustment of fees.

Capacity fees shall be reviewed and adjusted by the general manager 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. [Ord. 2023-004 § 4.070]