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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)
A lift station capacity fee shall be and is hereby assessed and levied upon the owners of the following premises which are located within an area served by a lift station, as designated in the manner hereinafter provided by this article, and which are connected to the sewer system by way of a sewer trunkline or sewer main which is tributary to such lift station:
A. Residential and nonresidential premises initially connecting to the sewer system;
B. Residential premises connected to the sewer system on which the number of dwelling units is being increased;
C. Residential premises connected to the sewer system being converted to a nonresidential use;
D. Nonresidential premises connected to the sewer system on which the area devoted to a nonresidential use is being increased; and
E. Nonresidential premises connected to the sewer system being converted to a residential use.
(Ord. 2092 §15)
A lift station service area shall be designated by resolution of the city council at any time a lift station is constructed by the city and incorporated into the sewerage collection system, or at any time the size and capacity of a lift station constructed by the owner of premises connecting to the sewer system and incorporated into the sewer system exceeds that which would be necessary to serve only such premises. Such lift station service area shall include all portions of the sewer service area that includes premises which could be connected to the sewer system by way of the lift station at a cost significantly less than the cost of constructing and installing the trunklines and sewer mains which would be necessary to connect such premises to the sewer system by way of sewer collection facilities operated solely by gravity flow, all as determined by the director.
(Ord. 2092 §15, Ord. 2364 §262)
The amount of the lift station capacity fee assessed and levied upon the owner of premises as hereinbefore provided by this article shall be determined by the director from the lift station capacity rates established as follows:
A. Basic Lift Station Capacity Rates. The basic lift station capacity rates shall be established by resolution of the city council for each lift station service area based on the following factors:
1. The total cost of constructing and installing the lift station;
2. The total number of additional dwelling units which could be constructed on all of the lots and parcels within the lift station service area designated as residential premises by the Chico General Plan, based on the maximum residential density for each such lot or parcel authorized by the Chico General Plan, and the total number of additional acres of property within the lift station service area which could be devoted to a new nonresidential use or used for the expansion of an existing nonresidential use on those lots and parcels within the lift station service area designated as nonresidential premises by the Chico General Plan, all as adjusted by a factor of 0.70 to account for the fact that, on average, the density of residential and nonresidential development occurring in the city has not exceeded 70% of the maximum density authorized by the Chico General Plan;
3. That part of the total cost of constructing and installing the lift station reasonably attributable to each additional dwelling unit which could be constructed on any lot or parcel within the lift station service area designated as residential premises in the Chico General Plan; and
4. That part of the total cost of constructing and installing the lift station reasonably attributable to each additional acre of property within the lift station service area which could be devoted to a new nonresidential use or used for the expansion of an existing nonresidential use.
B. Increases in Basic Lift Station Capacity Rates. If on July first following the date the city council adopts a resolution establishing the basic lift station capacity rates for a lift station service area, or on July first of any year thereafter, there is an increase in the cost of constructing a lift station during the preceding year, then the basic lift station capacity rates for such lift station service area 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 a lift station and the amount of the increase in the basic lift station capacity rates which is proportional 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 Engineering News Record Construction Cost Index for San Francisco (based on 1913 U.S. average = 100) as published in the Engineering News Record/McGraw Hill Construction Weekly.
(Ord. 2092 §15, Ord. 2364 §263)
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