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The trunkline capacity fee assessed and levied upon the owner of premises as hereinbefore provided by this chapter shall be determined by the director from the following trunkline capacity rates:
A. Basic Trunkline Capacity Rates. The basic trunkline capacity rates for residential and nonresidential premises shall be as follows:
1. Single-family residential premises - $1,532/dwelling unit.
2. Multifamily residential premises - $1,532/dwelling unit;
3. Nonresidential premises - $6,127/acre.
B. Increases in Basic Trunkline Capacity Rates. If, on July 1, 1998, or on July 1st of any year thereafter, there has been an increase in the cost of constructing and installing trunklines during the preceding year, then the basic trunkline capacity rates shall also be increased in proportion to the increase in such costs. The determination of whether there has been an increase in the cost of constructing and installing trunklines and the amount of the increase in the basic trunkline capacity rates which is proportionate to the increase in such costs shall be made by the director, with the approval of the city manager, and shall be based exclusively on the net percentage increase during the preceding year in the Consumer Price Index published by the Federal Bureau of Labor Statistics for All Urban Consumers - U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such Consumer Price Index that measures the cost of living in U.S. cities.
(Ord. 1735 §1 (part), Ord. 1980 §3, Ord. 2148 §2, Ord. 2146 §2, Ord. 2327 §2, Ord. 2364 §259)
A. Residential and Nonresidential Premises Initially Connecting to the Sewer System.
1. Residential Premises. In determining the trunkline capacity fee assessed and levied upon the owner of residential premises initially connecting such premises to the sewer system from the trunkline capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the number of separate dwelling units located or which will be located on such premises.
2. Nonresidential Premises. In determining the trunkline capacity fee assessed and levied upon the owner of nonresidential premises initially connecting such premises to the sewer system from the trunkline capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the area of the lot or parcel on which such premises are located or will be located, or, when less than the entire lot or parcel is devoted or will be devoted to a nonresidential use, that part of the area of the lot or parcel which is actually devoted or will be devoted to such use plus all other areas of the lot or parcel appurtenant to such use including, but not limited to, pedestrian ways, driveways, vehicular parking lots, landscaped areas, and areas within required yards and setbacks.
B. Residential Premises Connected to the Sewer System on Which the Number of Dwelling Units is Being Increased. In determining the trunkline capacity fee assessed and levied upon the owner of residential premises increasing the number of dwelling units on such premises from the trunkline capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the number of separate dwelling units to be added to such premises.
C. Residential Premises Connected to the Sewer System Being Converted to a Nonresidential Use. In determining the trunkline capacity fee assessed and levied upon the owner of residential premises converting the use of such premises to a nonresidential use from the trunkline capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the area of the lot or parcel on which such premises are located, or, when less than the entire lot or parcel is being converted to a nonresidential use, that part of the area of the lot or parcel which will be converted to such use plus all other areas of the lot or parcel appurtenant to such use, including, but not limited to, pedestrian ways, driveways, vehicular parking lots, landscaped areas and areas within required yards and setbacks. Provided, that in determining the trunkline capacity fee assessed and levied upon the owner of such premises, the director shall deduct from such fee an amount equal to the current trunkline capacity fee for one dwelling unit for each dwelling unit removed from such premises as a result of the conversion of such premises to a nonresidential use.
D. Nonresidential Premises on Which the Area Devoted to Such Nonresidential Use is Being Increased. In determining the trunkline capacity fee assessed and levied upon the owner of nonresidential premises increasing the area of such premises devoted to a nonresidential use from the trunkline capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the area of the lot or parcel on which such premises are located which is being added to such nonresidential use plus any additional area of the lot or parcel appurtenant to such use including, but not limited to, all additional pedestrian ways, driveways, vehicular parking lots, landscaped areas, and areas within required yards and setbacks.
E. Nonresidential Premises Connected to the Sewer System Being Converted to a Residential Use. In determining the trunkline capacity fee assessed and levied upon the owner of nonresidential premises connected to the sewer system being converted to a residential use from the trunkline capacity rates as hereinbefore provided by this article, the director’s determination shall be based on the number of separate dwelling units to be added to such premises. Provided, that in determining the trunkline capacity fee assessed and levied upon the owner of such premises, the director shall deduct from such fee an amount equal to the current trunkline capacity fee for nonresidential premises for all areas of the lot or parcel on which such premises are located which are being removed from a nonresidential use as a result of the conversion of such premises to a residential use.
(Ord. 1735 §1 (part), Ord. 1943 §12, Ord. 2268, Ord. 2364 §260)
In determining the trunkline capacity fee assessed and levied upon the owner of residential and nonresidential premises initially connecting such premises to the sewer system and upon the owner of residential premises for which a tentative subdivision map has been approved by the city, the director shall deduct from such trunkline capacity fee each of the credits hereinafter provided for by this section.
A. Credit for Prior Payments of Trunkline Capacity Fees or Other Sewer System Capacity Fees. Where a trunkline capacity fee or other sewer system capacity fee was previously paid for the premises pursuant to the provisions of this article or any other ordinance or resolution of the city, the director shall credit the owner of such premises with one of the following amounts:
1. If the prior payment of the trunkline capacity fee or other sewer system capacity fee was predicated on the residential use of the premises, then the director shall credit the owner of such premises with an amount equal to the current trunkline capacity fee for each dwelling unit for which such fee was previously paid.
2. If the prior payment of the trunkline capacity fee or other sewer system capacity fee was predicated on the nonresidential use of the premises and was made on or after June 17, 1982, then the director shall credit the owner of such premises with an amount equal to the current trunkline capacity fee for each acre or portion of an acre for which such fee was previously paid.
3. If the prior payment of the trunkline capacity fee or other sewer system capacity fee was predicated on a nonresidential use of the premises and was made before June 17, 1982, then the director shall credit the owner of such premises with an amount equal to the fee that was previously paid.
B. Credit for Prior Assessment Made as Part of Sewer Assessment Proceedings. Where the premises are located or were located in a sewer assessment district formed for the purpose of constructing and installing trunkline facilities, the director shall credit the owner of such premises with one of the following amounts:
1. If the premises are located or were located in a sewer assessment district formed before December 8, 1981, then the director shall credit the owner of such premises with an amount equal to the current trunkline capacity fee for one dwelling unit.
2. If the premises are located or were located in a sewer assessment district formed on or after December 8, 1981, then the director shall credit the owner of such premises with the current trunkline capacity fee for the use of the premises which was contemplated at the time the assessment district was formed as set forth in the engineer's report prepared as part of the assessment district proceedings.
Provided that where premises located in a sewer assessment district formed after December 8, 1981, are subsequently subdivided, such credits shall be allocated by the director among the resulting lots and parcels created by such subdivision according to benefit in the same manner as an unpaid assessment would be segregated and apportioned according to benefit pursuant to the provisions of Section 8730 et seq. of the California Streets and Highways Code. However, where such subdivided premises are located in the Northeast Chico Sewer Assessment District, subject to an Annexation and Sewer Service Agreement, and no longer burdened by an assessment lien, the owner of such premises, in lieu of the above and at the time of subdivision, shall be entitled to allocate such credits among the resulting lots and parcels.
(Ord. 1735 §1 (part), Ord. 1753, Ord. 2364 §261)
Notwithstanding any provisions of this article to the contrary, a trunkline capacity fee shall not be assessed and levied for the following premises:
A. Premises owned by the city of Chico;
B. Premises connected to the sewer system by way of a connection to the sewerage collection system operated by a public agency other than the city.
(Ord. 1735 §1 (part), Ord. 2016 §2)
Where a trunkline capacity fee is assessed and levied upon the owner of premises incident to the connection of such premises to the sewer system or a change in use of such premises, such fee shall be due and payable at the time a building permit or connection permit is issued for such premises, whichever first occurs.
(Ord. 1735 §1 (part), Ord. 1785 §4, Ord. 1799 §2, Ord. 1943 §13)
A trunkline capacity fee assessed and levied upon the owner of premises located in the incorporated territory of the city incident to the connection of such premises to the city sewer system or a change in use of such premises may be deferred by the owner of the premises from the date of the issuance of a building permit or connection permit for the premises to a date one year from the date of the issuance of such building permit or connection permit or to the date of the issuance of a certificate of occupancy for the premises, whichever first occurs, under the following circumstances:
A. Where the premises are or will be occupied by “persons and families of low and moderate income,” as defined in Section 50093 of the California Health and Safety Code, and the entire amount of such trunkline capacity fee will be financed with a loan made by the city or the Chico Redevelopment Agency; or
B. Where the premises are or will be used for single family residential purposes and the owner of the premises, at the time of issuance of the building permit or connection permit has:
1. Entered into an agreement with the city undertaking to pay such deferred trunkline capacity fee at the time of the issuance of such certificate of occupancy, which agreement shall be in a form approved by the city attorney and recorded against the premises in the official records of the county of Butte, and
2. Paid to the city an additional fee in an amount equal to two percent of the deferred trunkline capacity fee as and for the administrative costs to be incurred by the city by reason of such fee deferral; or
C. Where the premises are or will be used for multifamily residential purposes or for a nonresidential purpose and the owner of the premises, at the time of the issuance of the building permit or connection permit, has:
1. Entered into an agreement with the city undertaking to pay such deferred trunkline capacity fee at the time of the issuance of such certificate of occupancy, which agreement shall be in a form approved by the city attorney,
2. Executed a deed of trust securing performance of the duties and obligations of the owner of the premises under such agreement, which deed of trust shall also be in a form approved by the city attorney and shall be recorded against the property as a first deed of trust, and
3. Paid to the city an additional fee in an amount equal to two percent of the deferred trunkline capacity fee as and for the administrative costs to be incurred by the city by reason of such fee deferral.
(Ord. 1943 §14)
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