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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)
A. Residential and Nonresidential Premises Initially Connecting to the Sewer System.
1. Residential Premises. In determining the lift station capacity fee assessed and levied upon the owner of residential premises initially connecting such premises to the sewer system from the lift station capacity rates established in the manner provided by this article, the director’s determination shall be based on the number of separate dwelling units located on or which will be located on such premises.
B. Residential Premises Connected to the Sewer System on Which the Number of Dwelling Units is Being Increased. In determining the lift station capacity fee assessed and levied upon the owner of residential premises increasing the number of dwelling units on such premises from the lift station capacity rates established in the manner 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 lift station capacity fee assessed and levied upon the owner of residential premises converting the use of such premises to a nonresidential use from the lift station capacity rates established in the manner 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 lift station capacity fee assessed and levied upon the owner of such premises, the director shall deduct from such fee an amount equal to the current lift station 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 lift station capacity fee assessed and levied upon the owner of nonresidential premises increasing the area of such premises devoted to a nonresidential use from the lift station capacity rates established in the manner 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 lift station capacity fee assessed and levied upon the owner of nonresidential premises connected to the sewer system being converted to a residential use from the lift station capacity rates established in the manner 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 lift station capacity fee assessed and levied upon the owner of such premises, the director shall deduct from such fee an amount equal to the current lift station 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. 2092 §15, Ord. 2268, Ord. 2364 §264)
In determining the lift station capacity fee assessed and levied upon the owner of residential and nonresidential premises initially connecting such premises to the sewer system, the director shall deduct from such lift station capacity fee each of the credits hereinafter provided for by this section.
A. Credits Applicable to Premises Owned by the Person who Constructed and Installed a lift station. Where the premises are or were owned by the person who constructed and installed the lift station or who caused the construction and installation of the lift station for which the fee is being assessed, and where the person constructing and installing such lift station or causing construction and installation of such lift station specifically identified such premises as one of the lots and parcels to be served by the lift station at the time construction and installation of the lift station was commenced, the director shall credit the owner of such premises with an amount equal to the current lift station fee for the particular use of the premises which was contemplated at the time construction and installation of the lift station was commenced. Provided, that where such premises are subsequently subdivided, such credit shall be allocated by the director in an appropriate manner among all of the resulting lots and parcels created by such subdivision.
B. Credit for Prior Assessment Made as Part of Sewer Assessment Proceedings. Where the premises are or were located in an assessment district formed for a purpose which included the construction of lift station facilities, the director shall credit the owner of such premises with the current lift station capacity fee for the particular use of the premises which was contemplated at the time the assessment district was formed, all 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 are subsequently subdivided, such credits shall be allocated by the director among all of 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.
C. Credit for Prior Payments of Lift Station Capacity Fees. Where a lift station capacity fee was previously paid for the premises pursuant to the provisions of this article, the director shall credit the owner of such premises with one of the following amounts:
1. If the prior payment of the lift station capacity fee was predicated on the residential use of the premises, the director shall credit the owner of such premises with an amount equal to the current lift station capacity fee for each dwelling unit for which such fee was previously paid.
2. If the prior payment of the lift station capacity fee was predicated on a nonresidential use of the premises, the director shall credit the owner of such premises with an amount equal to the current lift station capacity fee for each acre or portion of an acre for which such fee was previously paid.
(Ord. 2092 §15, Ord. 2364 §265)
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