A. 
In order to implement the goals and objectives of the facilities element of the city of Waterford's general plan, and to mitigate the service delivery impacts caused by new development in the city, certain public facilities and equipment must be acquired. The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay the development's fair share of the construction costs of these improvements. In establishing the fee described in the following sections, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.
B. 
New development in the city of Waterford necessitates an expansion of facilities of the city center (where general administration appears in the study it refers to the city center), the police department and the public works department. Without such it would be impossible to continue to provide said services and therefore would cause unacceptable harm to the quality of life in the city and county, contrary to the goals, objectives, and policies of the city's general plan.
C. 
The impact of future development on the city center, the police department and the public works department has been studied and presented to the city in a report by Richard Milbrodt dba Administrative-Budget Counseling, entitled "City of Waterford Facilities and Equipment Plan" which analyzes and demonstrates a reasonable relationship between new development and the demand for city center, police department and public works department facilities and equipment as well as estimates the cost of providing these facilities and equipment.
D. 
City staff has determined that sources of city revenue other than development fees, including tax revenue, which will be paid by new development, will be needed for many public purposes and therefore will not be sufficient to offset the burdens on the city center, the police department and the public works department created by new development.
(Ord. 90-06 §1, 1990; Ord. 94-10 §1, 1994)
A. 
A public facilities and equipment fee is hereby established on issuance of all building permits, for development within the city of Waterford to pay for designated facilities and equipment shown in the adopted general plan. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment.
B. 
As described in the fee resolution, this development fee shall be due and payable from each developer prior to issuance of a building permit. The city will defer payment of such fees if the developer agrees to the following: (1) Payment must be made at least twenty-four hours before the final inspection is requested or Building Inspection personnel will not make the final inspection, (2) there will be no occupancy (temporary or permanent) allowed in the building until the fees have been paid, and (3) gas and/or electric tags will not be given until payment is received.
C. 
On an annual basis, the city council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.
(Ord. 90-06 §1, 1990; Ord. 94-10 §1, 1994)
The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earned on that account, shall be used solely to:
A. 
Pay for the city's future construction of facilities described in the resolution enacted pursuant to Section 3.32.020 of this section, or to reimburse the city for these described or listed facilities constructed by the city with funds advanced by the city from other sources, or
B. 
Reimburse developers who have been required or permitted by Section 3.32.040 to install such listed facilities which are oversized with supplemental size, length or capacity.
(Ord. 90-06 §1, 1990; Ord. 94-10 §1, 1994)
Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to Section 3.32.020 which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this ordinance on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.
(Ord. 90-06 §1, 1990; Ord. 94-10 §1, 1994)
A developer of any project subject to the fee described in Section 3.32.020 may apply to the city council for a reduction or adjustment to that fee, or a wavier of that fee, based upon the absence of any reasonable relationship or nexus between the facilities and equipment impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than: (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 90-06 §1, 1990; Ord. 94-10 §1, 1994)
The following developments shall be exempt from the requirements of this chapter:
A. 
Senior citizen housing, as described in Section 51.3 of the California Civil Code;
B. 
Residential care facilities for the elderly as described in subdivisions (k) and (1) of Section 1569.2 of the California Health and Safety Code;
C. 
Multi-1evel facilities for the elderly as described in paragraph (9) of subdivision (d) of Section 15432 of the California Government Code;
D. 
Such other developments as set forth in the city of Waterford resolution providing for a facilities and equipment fee, as amended from time to time.
(Ord. 90-06 §1, 1990; Ord. 94-10 §1, 1994)
Chapter 3.24 of Title 3 of the Waterford Municipal Code, entitled "System Improvement Fee" is hereby repealed, effective February 7, 1991.
(Ord. 90-06 §1, 1990; Ord. 94-10 §1, 1994)