Chapter 17A.32
CLOVERDALE WATER CAPACITY FEE
Sections:
17A.32.020 Cloverdale water capacity fee established.
17A.32.030 Use of fee revenues.
17A.32.040 Developer construction of facilities.
17A.32.050 Administrative guidelines.
17A.32.010 Purpose.
In order to implement the goals and objectives of the Cloverdale general plan, and to mitigate the impacts caused by future development in the city of Cloverdale, certain public facilities must be constructed. The city council has determined that a water capacity fee is needed in order to finance public facilities required to provide water service for new development in the city of Cloverdale and to pay each development’s fair share of the construction and acquisition costs of such improvements. In establishing the water capacity 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. (Ord. 680-2011 § 2 (part), 2011)
17A.32.020 Cloverdale water capacity fee established.
A. A water capacity fee (“water capacity fee”) is established pursuant to California Government Code Section 66013 to pay for publicly owned water facilities in the city of Cloverdale. Pursuant to Government Code Section 66013, the water capacity fee is not a development impact fee.
B. The city council shall, in a city council resolution adopted after a duly noticed public hearing, set forth the amount of the water capacity fee, describe the benefit and impact area on which the water capacity fee is imposed, list the water facilities improvements to be financed, describe the estimated cost of these facilities improvements, describe the reasonable relationship between the use of the water capacity fee and the need for the public facilities improvements and the types of future development projects on which the water capacity fee is imposed, and set forth time for payment. (Ord. 680-2011 § 2 (part), 2011)
17A.32.030 Use of fee revenues.
The revenues raised by payment of the water capacity fee shall be accounted for in a capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:
A. To pay for property acquisition, including right-of-way acquisition, design, engineering, construction and acquisition of the public facilities designated in the fee resolution and reasonable costs of outside consultant studies related thereto;
B. To reimburse the city for designated public facilities constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest. (Ord. 680-2011 § 2 (part), 2011)
17A.32.040 Developer construction of facilities.
If a developer is required, as a condition of approval of a permit, to construct a public facility that has been designated to be financed with water capacity fees, a credit against the fee otherwise established by this chapter concerning the development project for the developer’s actual cost of constructing the public facility in an amount not to exceed the cost of such public facilities as estimated by the city in adopting the fee, or the developer’s actual cost of constructing the facility, whichever is less, shall be offered by the city and, if the fee is less than such amount, the developer shall be entitled to reimbursement. Reimbursement shall be from the fee revenues only. (Ord. 680-2011 § 2 (part), 2011)
17A.32.050 Administrative guidelines.
The city council may, by resolution, adopt administrative guidelines to provide procedures for calculation, payment and other administrative aspects of the water capacity fee. (Ord. 680-2011 § 2 (part), 2011)