A.
To
establish appropriate provisions for the construction and expansion
of the water system of the city, including transmission mains, storage
and pumping facilities, and to be assured that the cost of such construction
and expansion is borne by those who receive the benefits thereof,
there are established connection charges for all connections made
to the water system of the city after the effective date of Ordinance
No. 466, September 9, 1966.
B.
The
amount of the connection charge shall be in accordance with the amount
specified in the resolution establishing various fees and charges
for municipal services of the city of Pleasanton.
C.
Water
connection charges shall be paid for all new construction connected
to the water system except for new construction required for the reconstruction,
rehabilitation or repair to an existing structure damaged or destroyed
by a natural catastrophe or act of God, including but not limited
to fires, earthquakes, and floods. The owner of a dwelling or business
so affected shall not enlarge the premises beyond its previous water
requirements without paying the increased water connection fee.
D.
The
charge shall be the difference between the current connection fee
of the construction and any connection fee previously paid by that
property. However, water connection charges shall not be levied for
temporary uses. For the purpose of this chapter temporary uses shall
mean those uses which are reasonably expected to be completed and
removed within six months of the connection. The operations services
director shall determine whether a use is a temporary one, subject
to final determination by the city council in the event of an appeal.
The operations services director may extend the period in which no
connection fee is paid for a period not to exceed an additional six
months, upon finding that the use shall be concluded within that time
period.
(Prior code § 2-16.21; Ord. 2000 § 1, 2009)
A.
All
developers will be required to:
1.
Construct
at their sole expense all of the in-tract and perimeter facilities
directly required by their development, as shown by an approved engineering
design and in accordance with the design guide of the city;
3.
Reimburse
to the city the required front foot charges applicable to existing
water lines, either perimeter or main extensions. Funds from such
front foot charges shall be deposited by the city in the water improvement
fund;
4.
Reimburse
to the city the required amounts in accordance with any outstanding
mutual benefit district or reimbursement agreements applicable.
B.
Developer
may also be required to construct off-tract water facilities extensions
to serve developer's property; or to oversize certain in-tract,
perimeter or off-tract facilities; or to construct facilities normally
considered to be of general city obligation. In such cases developer
shall be entitled to apply to the city for reimbursement pursuant
to a reimbursement agreement.
C.
The
city, in its sole discretion, shall determine the adequacy of the
design of any addition to the city water system and the necessity
for oversizing main extension and construction of facilities of general
city obligation by developers.
D.
All
water facilities constructed by developer up to and including the
service line shall become the property of the city.
(Prior code § 2-16.22)
The city recognizes that transmission mains and storage and
pumping facilities as shown on the master plan for "Water Facilities
Required in city of Pleasanton Planning Area for Ultimate Development
of City" and certain larger distribution mains may be of benefit
to more than one developer, and therefore are facilities of general
city obligation to be financed by the city out of connection charges
or other sources of general city revenue.
(Prior code § 2-16.23)
A.
Construction of City Facilities. In the event that the city in its best judgment determines that developer must construct and finance facilities that are the city's obligation, then the developer shall be reimbursed directly for the costs of such construction by considering such costs to be in-lieu payment of the connection charges specified in Section 14.08.010, to the extent of such costs only (or at the city's option, developer may be reimbursed in the manner prescribed in subsection B of this section). If the developer's costs exceed the total connection charges due, then the developer shall be reimbursed the excess amount in the manner prescribed in subsection B of this section.
B.
Oversizing.
In the event that the city in its best judgment determines that the
developer must construct and finance a larger in-tract, perimeter
or off-tract main extension than is necessary for his or her development
alone, then the developer shall be reimbursed for the cost of the
oversize by reimbursement agreement with the city. The term of the
agreement shall not exceed seven years, and if full reimbursement
has not been made by such time the developer will not be entitled
to further reimbursement under that agreement. The cost of the oversize
shall be calculated by taking the difference in cost between what
was installed and what would have been required to serve the developer's
property alone. Such costs shall be established by the operations
services director.
C.
Perimeter
Mains. In the event that the city in its best judgment determines
that the developer must construct and finance a perimeter main, then
the developer shall be reimbursed by reimbursement agreement for one-half
of the cost of the perimeter main. Such agreement shall provide among
other things that reimbursement will be on the basis of the front
footage of land that develops along the perimeter main itself. The
term of such agreement shall not exceed seven years and if full reimbursement
has not been made by such time the developer will not be entitled
to further reimbursement under that agreement. Provided further, however,
that the developer shall not be entitled to apply for or receive any
reimbursement from front footage fees from land which cannot be served
by his or her perimeter main as the result of some barrier such as
a state freeway, railroad track, drainage canal or boundary line of
the master water plan area.
D.
Main
Extensions. In the event that the developer must construct and finance
an off-tract main extension, then the developer shall be reimbursed
by reimbursement agreement. Such agreement shall provide among other
things that reimbursement will be on the basis of the front footage
of land that develops along the main extension in proportion to the
total front footage of the main itself considering both sides. The
term of such agreement shall not exceed seven years, and if full reimbursement
has not been made by such time the developer will not be entitled
to further reimbursement under that agreement. Provided further, however,
that the developer shall not be entitled to apply for or receive any
reimbursement from front footage fees from land which cannot be served
by the main extension as the result of some barrier such as a state
freeway, railroad track, drainage canal or boundary line of the master
water plan area.
(Prior code § 2-16.24; Ord. 2000 § 1, 2009)
There is established a special fund as follows:
Water Improvement Fund. This fund shall be established from the revenue received from water connection charges as defined in Section 14.08.010.
(Prior code § 2-16.25)
Upon application, and good cause shown, after a public hearing,
the city council may in its sole discretion modify or waive any of
the charges provided for in this chapter or make whatever adjustments
and exceptions to the requirements of this chapter that the city council
may deem necessary in order to vary or modify the strict application
of the terms of this chapter in cases in which there are practical
difficulties or unusual hardships in the way of such strict applications
or in the interest of justice. Applications may be made by developers
or by the city.
(Prior code § 2-16.26)
A.
When
the city council determines that the best interests of the city will
be served by construction of a water main, it may agree to an advance-in-aid
to be paid upon acceptance of completed water main construction. The
advance-in-aid may be for all or any part of cost of the water main
extension.
B.
Source
of moneys for such advance-in-aid shall be the water improvement fund
of the city, or any other source approved by the city council.
C.
Each
application for advance-in-aid under this section shall include the
following items which shall be evaluated by the city council prior
to allocation of funds:
D.
The
city council may approve or reject any or all parts of any application
made for advance-in-aid under this section. Nothing contained in this
section shall be construed as requiring the city to spend all or any
part of moneys in the water improvement fund.
(Prior code § 2-16.27)
A.
Connection
charges shall be paid at the time of application for a building permit
or installation of a city-installed water meter, whichever comes first.
There are no connection charges for property-owner installed submeters.
B.
Front
foot charges shall be paid for all of a property fronting an existing
line for which reimbursement is due prior to the time that any part
of that property is connected to the water system. This will normally
be at the time of approval of a final map for new subdivisions or
at the time of application for a building permit or meter installation
for other than subdivisions.
(Prior code § 2-16.28; Ord. 2171 § 2, 2017)
A credit against connection charges may be permitted for all
lands subject to annexation agreements or subdivision agreements executed
prior to the effective date of the ordinance codified in this chapter
or for facilities of general city obligation which have been installed
by assessment districts, benefit districts or other methods not financed
by the city. This credit shall be calculated by the operations services
director, and shall be prorated where necessary, and shall be subject
to final determination by the city council in the event of appeal.
(Prior code § 2-16.29; Ord. 2000 § 1, 2009)
