(Amended by Ord. No. 140,551, Eff. 6/17/70.)
(a) Whenever real property tributory to the city sewerage system that can be served by existing sewers, or by the construction of an off-site sewer not longer than one mile to an available assured outlet sewer, whether financed or otherwise, is included within the borders of a new tract map, sewers, if not existing, shall be constructed within or adjacent to the tracts to serve each lot, and as a condition of the approval of the tentative map of each tract and prior to recording of each such tract map, a fee which shall be determined by the Board of Public Works based upon the rates established in section 64.11.3, hereafter referred to as the sewerage facilities charge, shall be paid by the owner thereof to the City, unless the Board of Public Works upon recommendation of the City Engineer, determines that it would be contrary to the public welfare and interest to assume the responsibility of providing the necessary off-site outlet sewers as required by Subsection (f) hereof. Where a tract map for an industrial, commercial, or multiple dwelling tract is to be recorded but the tract is to be developed at some future time, the Board shall charge a fee of $4,127 per acre which shall be adjusted in accordance with the rates in Section 64.11.3 when such tract is developed. (Fee Amended by Ord. No. 171,036, Eff. 6/6/96.) Provided, however, that where it is determined by the Board of Public Works that a particular tract or parcel of land is being subdivided or re-subdivided solely for the purpose of absorbing a vacated street, for reverting an earlier tract to acreage, or for converting an existing multiple dwelling to a condominium, and not for development purposes, that tract or parcel of land shall be exempt from the requirements that a sewerage facilities charge be paid therefor. (Amended by Ord. No. 165,923, Eff. 7/1/90.)
Notwithstanding any other provision of this subsection, the payment of the sewerage facilities charge as a condition for the filing of a tract map by the Community Redevelopment Agency or the Department of Airports is hereby waived. Provided, however, the full sewerage facilities charge shall be paid upon the development of any lot or parcel contained in a tract to which this paragraph is applicable. (Added by Ord. No. 166,072, Eff. 8/25/90.)
(b) In determining the sewerage facilities charge, the Board shall:
1. Reduce the sewerage facilities charge when the owner demonstrates that the property has paid special assessments for an interceptor sewer to which it may connect directly or indirectly, by the amount of said special assessment.
2. Reduce the charge by all or part of the amount paid as a contributing property to the construction of an off-site sewer to serve the property prior to the requirement by the City that such charge shall be paid.
3. Provide a credit for any amount previously paid as an acreage charge or a sewerage facilities charge.
4. Reduce the acreage fee to 15% of that established in Subsection (a) above in the event the sewage from such tract, when developed, will be treated in the facilities of a Los Angeles County Sanitation District. (Added by Ord. No. 157,145, Eff. 11/22/82.)
(c) The Board may permit a subdivider to install off-site sewers in lieu of all or part of the sewerage facilities charge based on the actual cost of said off-site sewer. Should the actual cost of said off-site sewer be less than the sewerage facilities charge required by Subsection (a) hereof, the difference between such actual cost and said sewerage facilities charge shall be paid by the subdivider to the City for deposit in the General Fund.
(d) The Council may authorize the subdivider or other property owner, by contract with the City, to construct off-site sewers costing in excess of the sewerage facilities charge required by Subsection (a) hereof and subsequent to the construction and acceptance of said off-site sewer, to reimburse said subdivider or property owner the difference between the actual cost of said off-site sewer and the sewerage facilities charge.
If the sewerage facilities charge has been paid by the subdivider or property owner prior to entering into the contract with the City to construct an off-site sewer or prior to submission by the owner of evidence justifying reduction of the charge for any property in accordance with this section, the Council may authorize the refund of all or part of the sewerage facilities charge previously paid.
(e) Actual cost of off-site sewers as used in Subsections (c) and (d) shall be determined from sealed bids received and opened by the Board of Public Works, after publicly advertising therefor, plus engineering and incidental costs not to exceed ten percent of the accepted bid price for the performance of the work.
(f) In those cases where a sewerage facilities charge is paid, the City assumes the responsibility of providing the necessary off-site or outlet sewers when sewage disposal facilities are available and when connection to the City sewerage system is deemed to be necessary by the City.
(g) Whenever good planning and engineering practice requires that sanitary sewers of greater size or depth than those required for the servicing of the property immediately concerned be constructed within or adjacent to the subdivision, the additional cost of providing sewers within or adjacent to the subdivision in accordance with the City’s requirements of larger size or greater depth than that required by the property immediately concerned shall be considered the same as or in addition to the cost of constructing an off-site sewer as provided in Subsections (c) and (d) hereof.
(h) Subdivisions other than those included in Subsection (a) hereof may be:
1. Approved without the construction of sewers or the payment of the sewerage facilities charge where the County Health Officer and the City Engineer determined that ample area is available for private sewage disposal, where soil, ground water and other factors are favorable. The sewerage facilities charge shall be applicable to lots and parcels in these subdivisions where connections to future sewers are requested or required.
2. Permitted or required to construct sewers within the tract and pay the sewerage facilities charge upon the determination by the Council upon the advice of the Board, that existing development or trends justify the City assuming the responsibility of providing the connecting sewers.