Chapter 6-5
WATER CODE
Sections:
Article 1. General Provisions
6-5-103 When City may furnish water.
6-5-104 Multiple consumer developments.
6-5-105 Installation of water meters.
6-5-106 Ownership of water lines.
6-5-107 Easements when lines are on private property.
6-5-108 Maintenance of water lines.
6-5-113 Backflow prevention devices.
6-5-114 Limited irrigation and sprinkling water.
6-5-115 Water service outside the City limit.
6-5-116 Industry and governmental agency contracts.
Article 2. Water Lines and Reimbursements
6-5-201 Construction of water lines.
6-5-202 Charges for water lines or water assessment fees.
6-5-203 Water construction fund.
6-5-205 Reimbursement formula.
6-5-206 Reimbursement for City property.
6-5-211 Ownership of water lines.
Article 3. Fees and Charges
6-5-302 Payment of collection charges.
6-5-303 Resumption of service for maintenance.
6-5-304 Excessive water use targets and penalties.
6-5-306 Appeal hearing request.
Article 4. Connection Charges
6-5-401 House (lot) connection charge.
Article 5. Metered Services
Article 6. Non-metered Services
6-5-601 Residences (apartments, mobile home parks, recreation rooms, etc.).
6-5-602 Commercial non-metered accounts.
6-5-603 Fire line service charge.
Article 7. Construction Water Rates
6-5-701 Rates for off-site construction water.
6-5-702 Rates for on-site construction water.
6-5-703 Disconnections from water service.
Article 8. Storm Drainage
6-5-802 Master drainage facilities or fee required.
6-5-803 Payment of fees: Resolution: Exception.
6-5-804 Connection to master storm drainage facilities.
6-5-805 Reimbursement for construction of master drainage facilities.
6-5-806 Local drainage facilities and reimbursement.
6-5-807 Interim drainage facilities.
6-5-808 Master Drainage Facilities Fund.
6-5-809 Master Drainage Facilities Annual Report.
6-5-01 Purpose and scope.
The purpose of this chapter is to establish rules and regulations under which water service may be provided to consumers inside and outside the City and to establish the rates for the supplying of such water services and facilities.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-100)
Article 1. General Provisions
6-5-101 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Apartment” shall mean a room, living unit, or suite of rooms which is designed for, intended for, and/or occupied by one (1) family doing cooking therein.
“Boardinghouse” shall mean a dwelling, other than a hotel, wherein meals for four (4) or more persons are provided for compensation.
“Business” shall mean a place wherein persons are engaged in the manufacture, processing, fabricating, servicing, selling, and/or buying for sale or resale of produce, articles, merchandise, or any goods whatsoever; and shall also apply to the rendering of service for compensation, whether as a trade or a profession.
“Church” shall mean a place of worship, whether as a part of another building or on separate property, and shall not include a parsonage, separate gymnasium, or classroom.
“Commercial service” shall mean and include any service that is not defined as a residential service or an industrial service.
“Condominium” shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a building on such real property. A condominium may include, in addition, a separate interest in other portions of such real property.
“Connection charge” shall mean one (1) or more of the initial charges made at the time of connection to the City water system.
“Construction water” shall mean and include on-site water taken from fire hydrants and used for dust control or construction purposes. Permission must be granted by the City and fees paid.
“Cut water service” shall mean and include any service that has been physically disconnected from the City water system.
“Director” shall mean the Municipal Services Director or designee.
“Discontinued service” shall mean and include any service that has been shut off by the City at the City’s curb stop or main.
“Dormitory” shall mean a building having cooking facilities with rooms without cooking facilities or intended to be occupied by more than two (2) persons. Every one hundred (100) square feet of superficial floor area shall be considered the equivalent to a guest room.
“Dwelling” shall mean a building designed, occupied, or intended for living purposes and shall include single-family dwellings, buildings containing apartments, and rooming and/or lodging houses.
“Fire hydrant installation” shall mean the complete installation of a fire hydrant assembly.
“Fixture unit” shall mean and include a unit of measure representing water load based on the size of the trap required or the rated discharge capacity in gallons per minute of plumbing fixtures, and devices installed on the premises per TMC 6-4-801.
“Guest room” shall mean a room which is intended, arranged, or designed to be occupied by one (1) or more persons but in which no provision is made for cooking.
“Hotel” shall mean any building, or portion thereof, containing six (6) or more guest rooms which are used, designed, or intended to be used, let, or hired to be occupied or which are occupied by six (6) or more individuals for compensation.
“Industrial service” shall mean and include any service to a substantial industrial user as defined in TMC 6-4-103.
“Limited irrigation and sprinkling” shall mean limited irrigation and sprinkling for landscaping, beautification, small gardening, construction and dust control related to construction, and similar purposes only.
“Living unit” shall mean and include a dwelling designed for a single family.
“Lot” or a parcel of land shall mean a parcel of land consisting of one (1) or more contiguous lots of record in one (1) ownership to which service is provided for any purpose.
“Main” shall mean a water line eight (8") inches or larger in diameter and appurtenant valves and fittings providing water to one (1) or more laterals or service connections.
“Meter” shall mean all of the equipment, electronics and parts needed to complete the installation of a water meter per City specifications including any automatic meter reading (AMR) device.
“Mobile home park” shall mean any lot or parcel of land where one (1) or more sites are rented or leased or intended to be rented or leased, with or without compensation, to accommodate mobile homes or recreational vehicles.
“Motel” shall mean one (1) or more buildings containing guest rooms, with automobile storage space provided with such rooms, and designed, used, or intended to be used primarily for the accommodation of travelers.
“Motel” shall include auto cabins, motor lodges, automobile courts, and similar businesses.
“New service” shall mean and include any new water service that is connected to the City water system.
“Pipeline” shall mean all water mains and services constructed in or under City streets.
“Project” shall mean and include, but not be limited to, any development of the following types:
(1) “Community, office, or apartment or business project” shall mean a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any office, apartment, or business unit located thereon.
(2) “Condominium” shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a building on such real property. A condominium may include, in addition, a separate interest in other portions of such real property.
(3) “Condominium project” shall mean the division of real property to create five (5) or more condominiums.
(4) “Stock cooperative” shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right to occupancy is transferable only concurrently with the transfer of shares of stock in the corporation held by the person having such right of occupancy.
“Residence” shall mean a dwelling designed to be occupied by a single family.
“Residential service” shall mean and include any service that conveys water to a single-family residence.
“Residential fire sprinklers” shall mean a wet pipe sprinkler system only designed for one (1) and two (2) family residences and manufactured homes.
“Rooming and/or lodging house” shall mean a building or portion thereof containing guest rooms and having no cooking facilities whatsoever.
“Service connection” shall mean a privately owned and maintained pipe conveying water to a single building or lot and connected or to be connected to a water service.
“Service date” or “service period” shall mean and include the service period for which charges are billed.
“Services” shall mean and include any water line connected to the City water main that conveys water from the City system to private property.
“Water system” or “system” shall mean the City of Turlock water system, which includes, but is not limited to, wells, storage tanks, main water lines, fire hydrants, and any and all connections, valves, plumbing, and appurtenances thereto.
(1274-CS, Amended, 02/13/2020; 1236-CS, Amended, 11/09/2017; 1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004; 1019-CS, Amended, 02/12/2004; 768-CS, Amended, 02/25/1992)
6-5-102 Connections.
(a) All off-site water lines or water lines within a public utility easement, connections, valves, plumbing, and appurtenant water facilities and the construction and installation thereof shall be constructed or installed at the consumer’s expense and shall be to City standards and approved by the City Engineer prior to water service turn-on.
(b) One (1) City water connection shall be provided to each lot, unless otherwise approved by the City Engineer and Municipal Services Director or their designee. All off-site lines shall be constructed to City standards.
(c) No lot line adjustment, parcel map, or similar instrument shall be approved or recorded until the City has verified that separate City water services have been provided to each lot or parcel, except that the installation of a separate City water service at a vacant lot or premises may be postponed until the issuance of a building permit.
(d) For each project, individual shutoff valves, gate valves, and necessary on-site lines under private ownership shall be provided.
(e) The Building Official shall test and inspect the mains and services on private property unless an agreement is reached with the City Engineer and the Building Official to have the City Engineer test and inspect. The City Engineer shall test and inspect the water mains for the general distribution system whenever such mains are within the City right-of-way or public utility easement.
(f) No person shall supply water in any way for use outside of the premises to which the service is assigned, except by permission of the Municipal Services Director.
(g) Prior to connection to the City’s water system, the property owner shall make any necessary right-of-way dedications or irrevocable offers of dedication, as determined by the City Engineer, for ultimate street improvements.
(1236-CS, Amended, 11/09/2017; 1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004)
6-5-103 When City may furnish water.
When mains and laterals are in place or are within a reasonable distance from a particular parcel, as determined by the Director, the City may furnish water service to the parcel upon complete installation of the water service and the payment of the appropriate charges and costs.
(1236-CS, Amended, 11/09/2017; 1027-CS, Amended, 06/10/2004)
6-5-104 Multiple consumer developments.
If more than one (1) consumer is served from one (1) service connection, the owner of the property or his agent shall be required to sign for and guarantee the payment of such service connection, and the owner shall be liable for all water served through such connection, except that a project, association, corporation, or other governing body shall be responsible for the payment of water charges to the City.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-303)
6-5-105 Installation of water meters.
(a) The City shall approve the type and installation of all meters.
(b) The City shall provide and install any meter the City deems necessary with ten (10) days’ written notice to the tenant and the owner for any service and may thereafter charge for water at metered rates.
(c) New water services shall be metered at the time of construction. All existing water services shall be metered.
(d) All installed water meters and meter reading equipment shall become the property of the City. The retrofit of existing water services shall be performed by the City at the City’s expense, unless stated otherwise in this section.
(e) The City shall install all meters and meter reading equipment at the owner’s expense for all new construction.
(f) Upon installation of a water meter and start of water service, customers shall be charged a set-up fee as adopted by City Council and the applicable metered service rates pursuant to TMC 6-5-501.
(1236-CS, Amended, 11/09/2017; 1209-CS, Amended, 06/25/2015; 1155-CS, Amended, 09/22/2011; 1047-CS, Amended, 09/08/2005; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-304; 758-CS, Amended, 11/26/1991)
6-5-106 Ownership of water lines.
All water lines on private property shall belong to the property owner, unless stated otherwise in this section. All water lines and appurtenant facilities constructed in or under City streets, easements, or alleys shall become the property of the City upon the completion of the installation and upon the final inspection and approval of the lines by the City Engineer.
(1236-CS, Amended, 11/09/2017; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-104)
6-5-107 Easements when lines are on private property.
When a line is to be constructed across private property to serve more than one (1) parcel of land, a utility easement shall be granted to the City, and the easement line, size, and installation shall be approved by the City Engineer and Municipal Services Director.
(1155-CS, Amended, 09/22/2011; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-105)
6-5-108 Maintenance of water lines.
The City shall maintain all water connections, mains, water service lines and appurtenances within City rights-of-way on City property or easements including curb valves and meters. The property owner shall maintain all other service connection lines and appurtenances to or on his/her property up to the meter or curb valve.
(1236-CS, Amended, 11/09/2017; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-106)
6-5-109 Access to system.
Access to service connections, turn-off valves, meters, and appurtenant facilities on private property shall be provided for the City at all times.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-107)
6-5-110 Repealed.
(1155-CS, Repealed, 09/22/2011; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-108)
6-5-111 Repealed.
(1155-CS, Repealed, 09/22/2011; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-109)
6-5-112 Water wells.
No water well shall be drilled or reconstructed within the City without the consent of the City. When City water is available and a request to connect to the City system has been approved, or a request to reconstruct a well has been made, the existing non-City-owned well on the property shall be capped and plugged in accordance with State regulations, unless otherwise authorized by the City. Residential wells will be closed free of charge by the City.
(1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-306)
6-5-113 Backflow prevention devices.
Each service connection to the water system which supplies water to premises having a private source of water supply shall be protected against the backflow of water from the private source into the City system by an approved backflow prevention device. Such backflow device shall be installed on all such service connections within forty-five (45) calendar days of notice by the City. Any residential fire sprinkler system shall be installed with approved potable material and shall be designed and installed as a flow-through system so that fire suppression water does not become stagnant. Any deviation from this type of installation shall require installation of an approved backflow device.
Upon failure to comply with the provisions of this section, water service shall be discontinued until compliance with the provisions of this chapter and the payment of inspection and turn-on fees.
All new commercial and industrial water services shall be protected by an approved backflow prevention device as determined by the Director. Any water connection that has the potential to contaminate the City water system must have an approved backflow prevention device.
(1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-111)
6-5-114 Limited irrigation and sprinkling water.
City water may be used for limited irrigation and sprinkling in compliance with Chapter 6-7 TMC, Water Conservation and Education, except during declared emergencies, power failures, or when requested by the City. The use of City water for such purposes in such situations shall constitute a violation of the provisions of this chapter.
(1209-CS, Amended, 06/25/2015; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-112)
6-5-115 Water service outside the City limit.
When water main extensions are necessary before water service can be provided to a parcel or parcels outside the City limit, the City shall require an agreement with the record owner and lessee(s), if there is one. Such agreement shall be approved by the City Council and shall provide the basis upon which such extension will be constructed and financed. Such agreement shall include the property owner’s consent not to oppose the future annexation of the property. Any additional requirements deemed necessary by the Municipal Services Director and/or the Development Services Director or his or her designee may be added to the agreement.
Before water service may be provided to a parcel or parcels outside the City limit, the City shall require an agreement with the record owner of the property and the lessee(s), if there is one. Such agreement shall provide the basis on which the water service will be provided, including the property owner’s consent not to oppose the future annexation of the property. Any additional requirements deemed necessary by the Municipal Services Director and/or the Development Services Director or his or her designee may be added to the agreement.
(1236-CS, Amended, 11/09/2017; 1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-113)
6-5-116 Industry and governmental agency contracts.
The provisions of this chapter shall not prohibit the Council from entering into contracts with a business, industry, or governmental agency to supply water, water service, and all things pertaining to the furnishing of water to such agencies at rates different than those set forth in this chapter.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-114)
6-5-117 Prohibited acts.
(a) No person shall make, or cause to be made, a connection with, or tamper or interfere with in any manner, the City water system, as defined by TMC 6-5-101, without first obtaining a permit from the City.
(b) No person shall turn on or off, otherwise interfere with, or cause to be turned on or off or otherwise interfered with, any part or portion of the City water system, as defined by TMC 6-5-101, without first obtaining a permit from the City.
(c) No person shall install or connect with the water system any evaporative type air-conditioning cooler or unit unless it is equipped with a recirculation pump and equipped with a thermostat or pressure control valve properly adjusted to regulate the flow of cooling water through the units so that the minimum amount of cooling water, as determined by the manufacturer’s specifications, shall be used.
(d) No person shall connect to the water system any refrigerating or air-conditioning equipment unless such equipment is air-cooled or has a water tower or evaporation condenser so that only makeup water is used.
(e) No person shall waste water as defined by TMC 6-7-408.
(f) No Person shall install or maintain any pipe, faucet, hose bib, fixture, or appliance connected to the water system in such condition or state of disrepair that water may be or is lost or wasted.
(g) No Person shall supply City water to anyone without City authorization, and no person shall use City water without authorization or without paying the required fees. The City shall have the right, upon five (5) days’ written notice to cease, to disconnect the water service for the person supplying the water.
(h) No person shall construct a bypass around any meter or service without the prior consent of the City.
(i) No person shall use water for any purpose by the method of “return wells” wherein water is discharged into a well so that such water is injected into a water-bearing strata below a depth of fifty (50') feet below the surface of the ground.
(j) No person shall steal, take, carry away, transport, lead, drive away, or cause the same to be done, water from the City water system, as defined by TMC 6-5-101.
(k) No person shall fraudulently appropriate, or cause to be fraudulently appropriated, or by any false or fraudulent representation or pretense appropriate water from the City water system, as defined by TMC 6-5-101.
(l) No person shall make unauthorized repairs to the City water system.
(m) All persons shall abide by the restrictions contained in TMC 6-7-302.
(1209-CS, Amended, 06/25/2015; 1155-CS, Amended, 09/22/2011; 1032-CS, Amended, 08/26/2004; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-115; 768-CS, Amended, 02/25/1992)
6-5-118 Responsibility.
The City Engineer shall be responsible for the location, size, design approval, and acceptance of water lines, appurtenances, and fire hydrants within the public right-of-way, public utility easement, or City-owned property. The Building Official shall supervise and inspect the construction and installation of water lines, appurtenances, residential fire sprinkler systems, and fire hydrants on private property.
(1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-200)
Article 2. Water Lines and Reimbursements
6-5-201 Construction of water lines.
The owner of property, at the option of the City, shall construct or pay the cost of constructing water lines and appurtenances and fire hydrants to serve his property, regardless of water line size. The owner of property, at the option of the City, shall also construct or pay the cost of constructing water lines and appurtenances to connect or tie in with existing water lines of the City system adjacent to his property, regardless of distances or water line size.
6-5-202 Charges for water lines or water assessment fees.
Any person who connects to a water line or develops property shall pay a charge for existing water lines, including a grid system, which will serve the property at the time a building permit or a water permit is obtained. The charges shall be established by resolution and this Code and shall be adjusted quarterly based on the Engineering Record Index to reflect current construction costs.
(1027-CS, Amended, 06/10/2004)
6-5-203 Water construction fund.
Frontage fees shall be placed in a waterline construction fund and shall be used to construct, or to reimburse the City for constructing, water lines and appurtenances, or to reimburse developers or property owners that have entered into a reimbursement agreement with the City for constructing water lines and appurtenances, or for the other water purposes established by ordinance.
Water grid fees shall be placed in the water fund and shall be used to construct water grid improvements and to reimburse developers and property owners that oversize the water line to compliment the City grid system, or for other water purposes established by the ordinance.
(1027-CS, Amended, 06/10/2004)
6-5-204 Reimbursements.
The amounts paid to a developer or property owner for reimbursements for the construction of new water lines and appurtenances shall be established by written agreement as approved by the City Council and shall be based upon the frontage fee amount at the time of the development, and will be adjusted quarterly in January, April, July and October by the Engineering Record Index.
(1027-CS, Amended, 06/10/2004)
6-5-205 Reimbursement formula.
The City shall reimburse the original developer or property owners a proportionate share of the cost of the construction of regular water lines (regular water lines are considered to be eight (8") inches in diameter) constructed around the perimeter of a development and for water lines extended to a development. The reimbursement will be limited in time to ten (10) years after the date of the acceptance of such lines by the City and applies only to charges received from owners of the land adjacent to these lines who connect within the ten (10) year period.
The City shall reimburse developers or property owners for over-sizing of water lines within thirty (30) days of acceptance of the water lines or a notice of completion. Over sizing shall be considered as any water lines installed that are greater than eight (8") inches in diameter. The formula for reimbursement is Six and no/100ths ($6.00) Dollars per linear foot of installed water line for every pipe size increment larger than eight (8") inches.
(1027-CS, Amended, 06/10/2004)
6-5-206 Reimbursement for City property.
The City will reimburse the developer a proportionate share of the cost of the lines constructed in front of or adjacent to City property, except City water well sites, at the water frontage fee rate in place at the time of the execution of the reimbursement agreement and within the ten (10) year period.
(1027-CS, Amended, 06/10/2004)
6-5-207 Water well sites.
When a new City water well is required to be drilled by the City to serve City water to a property or development, the property owner will deed to the City the lands necessary for the construction and maintenance of the well. The size of the well site shall be sufficient to accommodate any future water treatment system that may be required. At the time the property is deeded to the City, the City will reimburse the developer/owner the current value of the unimproved land from the water fund. The City will pay all costs for developing the well and well facilities and retain ownership of these facilities.
(1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004)
6-5-208 Booster pumps.
When a booster pump is required by the City or is requested by the customer to serve a property or development, the property owner, at the option of the City, shall pay the cost to construct, install, make site improvements, and provide the necessary land for such pump. This work will require the developer or property owner to pay for a water permit and the City will review the plans and inspect the installation of improvements. An approved backflow preventer(s) will be required to be installed on all water lines entering the property.
(1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004)
6-5-209 Oversized lines.
For the purposes of this article, “oversized lines” shall mean all water lines in excess of eight (8") inches in diameter.
6-5-210 Major extensions.
Major extensions of oversized lines shall have prior Council approval. The Council may approve major extensions with reimbursement or without reimbursement and may enter into a written agreement with the developer and owner concerning major extensions.
6-5-211 Ownership of water lines.
All water lines and appurtenant facilities constructed in or under streets, easements, or alleys shall become the property of the City upon the complete installation and final inspection and approval of the lines by the Municipal Services Director.
(1027-CS, Repealed and Replaced, 06/10/2004)
Article 3. Fees and Charges
6-5-301 Fees and charges.
The amount of all fees and charges provided in this chapter, including, but not limited to, charges for water fees, connections, metered and non-metered, construction water and resumption of service fees shall be established in this chapter. The failure to pay any charge shall constitute a violation of this chapter. All charges shall be paid at the time water service is requested and, except as otherwise provided in this chapter, on a service date basis thereafter.
(a) Payment plan. At the discretion of the Municipal Services Director, an extended payment plan for certain fees may be allowed.
(1274-CS, Amended, 02/13/2020; 1027-CS, Amended, 06/10/2004; 1019-CS, Amended, 02/12/2004)
6-5-302 Payment of collection charges.
(a) Billing and payment. Accounts for water service shall be billed by service date in conjunction with billing for garbage, rubbish, organic refuse, and sewer services and shall be due and payable in the City of Turlock Finance Office by the due date shown on the utility bill.
Pursuant to California Public Utility Code Section 10009.6, the decision of the City to require a new residential applicant to deposit a sum of money with the City prior to establishing an account and furnishing service shall be based solely upon the creditworthiness of the applicant as determined by the City. The deposit will be equal to the charges for services likely to be incurred during a period of three (3) months or two (2) billing periods, whichever is greater, with a minimum of One Hundred Fifty and no/100ths ($150.00) Dollars. This estimate shall be established by the Finance Officer or his/her designee based upon the size of the service, the nature of the use of the property and the experience with similar uses in the City. Failure to make the deposit will warrant the discontinuation or denial of service.
An application for service will not be honored unless payment in full has been made for outstanding debt due the City for services, fines, or fees previously rendered to the applicant and interest accrued for the third party collection agency debt due to the City by the applicant. At the discretion of the Municipal Services Director, an extended payment plan for certain fees may be allowed.
(b) Nonpayment of collection charges. In the event of nonpayment of the charges for water services as provided in this article, the following procedures and penalties shall apply:
(1) If payment for any charges shown on the utility bill are not received by the City of Turlock Finance Office by 5:00 p.m. on the fifth day following the due date (including applicable penalties), the customer’s account shall be charged a delinquency penalty of Twenty-Five and no/100ths ($25.00) Dollars on the sixth day.
(2) Notice. A written notice of delinquency shall be sent by the Finance Office to any customer whose account remains delinquent. The written notice to be mailed or delivered to the customer shall notify him that the service is subject to disconnection and/or delinquent charges will be submitted for collection. Such notice shall contain the information to avoid such action. The City of Turlock shall give notice of the delinquency and impending termination pursuant to Section 10010 of the Public Utilities Code.
(3) If payment of said billing is not received by the City of Turlock Finance Office, or other arrangements are not made, by 5:00 p.m. on the fifth day following the due date (including applicable penalties), service may be terminated or submitted for collection; provided, that notice was given pursuant to Section 10010 of the Public Utilities Code and that termination of services for nonpayment of billing shall not occur on any Saturday, Sunday, legal holiday, or at any time during which the business office of the City of Turlock is not open to the public.
(c) Reinstatement charges. In the event of termination of service for nonpayment of water charges as provided in this article, the customer account shall be charged a service reinstatement fee of Twenty-Five and no/100ths ($25.00) Dollars during normal working hours (8:00 a.m. through 5:00 p.m.) or Forty-Five and no/100ths ($45.00) Dollars if reinstated after normal working hours. The City shall restore water service within seventy-two (72) hours of the payment of the reinstatement charge and all other outstanding charges shown on the utility bill.
(d) Wrongful termination. Any wrongfully terminated service shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the billing address.
(e) Third party notification service for residential customers. The City of Turlock shall make available to its residential customers who are sixty-five (65) years of age or older, or who are dependent adults as defined in California Welfare and Institutions Code Section 15610, a third party notification service whereby the City of Turlock shall attempt to notify a person designated by the customer to receive notification when the customer’s account is delinquent and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third party notification on a form provided by the City of Turlock, and shall include a written consent of the designated third party. The third party designation does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(f) Nonpayment of collection charges by previous residential tenant.
(1) The City of Turlock shall not seek to recover any charges or penalties for the furnishing of service to or for a residential tenant from any subsequent tenant on account of nonpayment of charges by the previous tenant.
(2) The City of Turlock shall require that service to subsequent tenants be furnished on the account of the landlord or property owner when a nonpayment lien has been imposed on the property.
(1274-CS, Amended, 02/13/2020; 1242-CS, Amended, 07/26/2018; 1155-CS, Amended, 09/22/2011; 1142-CS, Amended, 07/13/2010; 1129-CS, Amended, 11/12/09; 1027-CS, Amended, 06/10/2004; 1019-CS, Amended, 02/12/2004)
6-5-303 Resumption of service for maintenance.
(a) If the service has been discontinued or a customer requests assistance to turn off/on their service for maintenance, the customer shall pay applicable charges as set forth in this chapter.
(1) Turn-on/off water services may occur the same day they are requested but are done at the City’s convenience.
(2) Normal working hours are Monday thru Friday, between 8:00 a.m. and 5:00 p.m. There is no charge for a turn-on/off during normal working hours. If a turn-on/off is after normal working hours, the charge shall be Forty-Five and no/100ths ($45.00) Dollars per visit. Non-working hours are before 8:00 a.m. or after 5:00 p.m. Monday through Friday, and on weekends or holidays.
(3) If it is necessary to disconnect the water service, the charges to reconnect shall be the same as a new connection charge.
(1027-CS, Amended, 06/10/2004; 1019-CS, Added, 02/12/2004)
6-5-304 Excessive water use targets and penalties.
(a) Single-family residential customers receiving water services from the City of Turlock are subject to excessive water use targets and penalties. Water use targets and penalties shall be established by resolution of the City Council and may be amended from time to time. A customer whose water use exceeds the established target may be assessed a penalty.
(b) Excessive water use penalties shall be assessed on the customer’s utility account and shall be due and payable in conjunction with billing for City utility services. Failure to pay such penalty pursuant to this section shall be subject to the same remedies for nonpayment of City utility services, which includes the termination of water services.
(c) The first penalty shall be waived if the owner of the premises where the violation occurred, or the occupant (if different than the owner, and the occupant committed the violation), attends a water conservation education workshop offered by the City within sixty (60) days after the date of issuance of the penalty; provided, that only one (1) such penalty waiver shall be allowed for the owner or occupant of the premises.
(1228-CS, Added, 02/23/2017)
6-5-305 Appeal.
(a) Any person assessed an excessive water use penalty shall have the right to appeal to the Municipal Services Director, or his or her designee.
(b) The appeal hearing shall be held before the Municipal Services Director, or his or her designee. After hearing all of the evidence presented, he or she shall make the final administrative determination regarding the matter.
(c) The customer shall be allowed to present such witnesses and evidence as he or she may desire.
(d) Such appeal hearing is an administrative hearing and the rules of evidence shall not apply.
(1228-CS, Added, 02/23/2017)
6-5-306 Appeal hearing request.
(a) The utility customer must request in writing an appeal hearing and the request for appeal must be received by the City within fifteen (15) calendar days from the due date of the utility bill on which the excessive water use penalty was assessed. If the fifteenth day falls on a weekend or City observed holiday the request for an appeal must be received by the next business day.
(b) The request for hearing shall be addressed to the Municipal Services Director and shall be deemed served only when received by the City. Failure to properly serve the request for hearing within the fifteen (15) calendar day period shall be deemed a waiver of the right to appeal the matter.
(c) The hearing officer shall give written notice by mail to the utility customer of the date, time, and location of the appeal hearing, which hearing shall be held no sooner than ten (10) days from receipt of the request for hearing and no longer than thirty (30) days from receipt of such request.
(d) The decision of the hearing officer shall be final.
(1228-CS, Added, 02/23/2017)
Article 4. Connection Charges
6-5-401 House (lot) connection charge.
The connection cost includes the installation of a water meter.
(a) House (lot) connection charge:
|
Water Service Size |
Local Street |
Collector Street |
Arterial Street |
|---|---|---|---|
|
* 1" or less |
$ 2,250.00 |
$ 2,450.00 |
$ 3,500.00 |
|
* 1-1/2" |
$ 3,000.00 |
$ 3,600.00 |
$ 4,200.00 |
|
* 2" |
$3,150.00 |
$ 3,750.00 |
$ 4,350.00 |
|
Larger |
** |
** |
** |
|
* Note: Includes cost of meter |
|||
|
**Note: Fee to be calculated based on estimated cost, to be determined after application is made. |
|||
(1026-CS, Amended, 06/26/2004; 1019-CS, Added, 02/12/2004)
6-5-402 Connection fees.
(a) Fees on the following may be obtained from the City Engineer’s office:
(1) Water capital charges – includes capital and fire hydrant (fire protection).
(i) Capital charges for water connections are based on the actual direct cost and adjusted quarterly based on the Engineering News Record Construction Cost Index for the San Francisco Area (ENR) of 615.36, as of March 1, 2004, to be adjusted quarterly.
|
Meter Size (in.) |
Connection Fee per Meter Size |
|
|---|---|---|
|
1" or less |
$ |
2,048.00 |
|
1-1/2" |
$ |
6,554.00 |
|
2" |
$ |
8,193.00 |
|
3" |
$ |
18,434.00 |
|
4" |
$ |
51,205.00 |
|
6" |
$ |
102,410.00 |
|
8" |
$ |
180,242.00 |
|
10" |
$ |
286,748.00 |
(ii) For definition of low, medium, or high residential density see Article 2 of Chapter 9-3 TMC (TMC 9-3-201).
(2) Water front footage charges.
(i) Charges for water lines or assessment fees shall be based on the Engineering News Record Construction Cost Index for the San Francisco Area (ENR). The rate to be paid as of March 1, 2004, based on ENR Index of 615.36, to be adjusted quarterly, shall be:
(aa) Single-family dwelling: Twenty-Five and no/100ths ($25.00) Dollars per front foot of street frontage (for the purpose of this section, the frontage of corner lots shall be the sum of the two (2) frontages less one hundred (100') feet).
(ab) All other developments: Twenty-Five and no/100ths ($25.00) Dollars per front foot of street frontage of the property plus Twenty-Five and no/100ths ($25.00) Dollars per front foot of the property located adjacent to or abutting an alley, court, place, easement, or other non-street right-of-way in which there is an existing water line at the time of development.
(1223-CS, Amended, 10/13/2016; 1026-CS, Amended, 06/26/2004; 1019-CS, Added, 02/12/2004)
Article 5. Metered Services
6-5-501 Fees and charges.
(a) All service connections shall be metered.
(b) Fees and Charges.
(1) Monthly water charges shall consist of the following three components: commodity charge, capacity charge, and a customer charge.
(2) Each service connection shall pay the fees and charges as set forth below:
|
Effective date > |
3/1/2018 |
1/1/2019 |
1/1/2020 |
1/1/2021 |
1/1/2022 |
|---|---|---|---|---|---|
|
Commodity Charge, $ per 1,000 gallons |
|||||
|
Single-Family |
$0.84 |
$1.00 |
$1.20 |
$1.47 |
$1.76 |
|
Multi Residential/ Commercial/Industrial/Institutional |
$0.63 |
$0.75 |
$0.89 |
$1.08 |
$1.28 |
|
Landscape |
$0.99 |
$1.20 |
$1.45 |
$1.78 |
$2.16 |
|
Capacity Charge, $ per meter per month |
|||||
|
1" or less |
$28.00 |
$32.70 |
$38.10 |
$45.20 |
$52.70 |
|
1-1/2" |
$56.00 |
$65.00 |
$76.00 |
$90.00 |
$105.00 |
|
2" |
$90.00 |
$104.00 |
$122.00 |
$145.00 |
$169.00 |
|
3" |
$196.00 |
$229.00 |
$267.00 |
$316.00 |
$369.00 |
|
4" |
$336.00 |
$392.00 |
$457.00 |
$542.00 |
$633.00 |
|
6" |
$700.00 |
$816.00 |
$952.00 |
$1,130.00 |
$1,318.00 |
|
8" |
$1,344.00 |
$1,567.00 |
$1,829.00 |
$2,170.00 |
$2,531.00 |
|
10" |
$2,128.00 |
$2,482.00 |
$2,895.00 |
$3,435.00 |
$4,008.00 |
|
Customer Charge, $ per account per month |
$3.50 |
$4.10 |
$4.75 |
$5.65 |
$6.55 |
(c) Inaccurate Meter. An inaccurate meter shall be charged as follows:
(1) Either an average of the three (3) months’ prior usage; or
(2) The charge of the same month for the previous year, whichever is greater.
(d) Standby Charges (this rate is in addition to the water charges shown above). This charge is for customers who use the City water supply as a backup water source.
|
Size of Service |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|
|
2" |
$219.00 |
$230.00 |
|
4" |
$655.00 |
$687.00 |
|
6" |
$1,310.00 |
$1,374.00 |
|
8" |
$2,293.00 |
$2,405.00 |
(1274-CS, Amended, 02/13/2020; 1240-CS, Amended, 02/08/2018; 1194-CS, Amended, 04/08/2014; 1155-CS, Amended, 09/22/2011; 1101-CS, Amended, 11/08/2007; 1027-CS, Amended, 06/10/2004; 1019-CS, Added, 02/12/2004)
Article 6. Non-metered Services
6-5-601 Residences (apartments, mobile home parks, recreation rooms, etc.).
(a) Per living unit:
|
Number of Rooms |
Charge Per Living Unit |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|---|---|---|---|
|
0-5 Rooms |
$7.05 |
$9.35 |
$11.35 |
$13.30 |
$14.80 |
$15.55 |
|
6-8 Rooms |
$7.90 |
$10.50 |
$12.70 |
$14.90 |
$16.55 |
$17.40 |
|
More than 8 Rooms |
$8.70 |
$11.55 |
$14.00 |
$16.45 |
$18.25 |
$19.15 |
(b) Landscaping - based on square footage of lot:
|
Square Footage |
Rate |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|---|---|---|---|
|
0 to 5,500 Square Feet |
$5.55 |
$7.35 |
$8.95 |
$10.50 |
$11.65 |
$12.25 |
|
Each additional 2,000 square feet or fraction thereof |
$0.85 |
$1.15 |
$1.35 |
$1.60 |
$1.80 |
$1.85 |
(1027-CS, Amended, 06/10/2004; 1019-CS, Added, 02/12/2004)
6-5-602 Commercial non-metered accounts.
(a) Non-water related establishments. Charges to be based on sewer fixture units as follows:
|
|
Existing |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|---|---|---|---|
|
(1) 1 to 15 fixture Units |
$9.45 |
$13.00 |
$15.75 |
$18.25 |
$20.50 |
$21.50 |
|
(2) Each additional 5 Units or portion thereof: |
$0.85 |
$1.15 |
$1.40 |
$1.60 |
$1.80 |
$1.90 |
|
(3) When water is available but not related to fixture units, such as for landscaping: minimum charge |
$9.45 |
$13.00 |
$15.75 |
$18.25 |
$20.50 |
$21.50 |
(b) Water related establishments. Shall be charged as follows:
|
|
Existing |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|---|---|---|---|
|
(1) Barber/beauty shops or electrologists/manicurist per operator/station: |
$9.45 |
$13.00 |
$15.75 |
$18.25 |
$20.50 |
$21.50 |
|
Minimum Charge: |
$10.50 |
$14.45 |
$17.50 |
$20.30 |
$22.80 |
$23.90 |
|
(2) Boarding houses, convalescent hospitals, dormitories, hotels, lodging houses and rooming houses (per bed charge): |
$3.15 |
$4.35 |
$5.25 |
$6.10 |
$6.85 |
$7.15 |
|
(3) Carnivals and circuses: For each water service one inch (1") or less in size (per day): |
$9.45 |
$13.00 |
$15.75 |
$18.25 |
$20.50 |
$21.50 |
|
(4) Carnivals and circuses: For each water service greater than 1" (per day): |
$78.75 |
$108.35 |
$131.25 |
$152.10 |
$170.85 |
$170.15 |
|
(5) Churches, halls, auditoriums |
|
|
|
|
|
|
|
plus fixture units: |
$15.75 |
$21.65 |
$26.25 |
$30.40 |
$34.17 |
$35.85 |
|
(6) Dentists per chair: |
$6.30 |
$8.65 |
$10.50 |
$12.15 |
$13.65 |
$14.35 |
|
(7) Doctors, medical (per Doctor) (includes but not limited to chiropractor, optometrist and veterinary offices): |
$12.60 |
$17.35 |
$21.00 |
$24.35 |
$27.35 |
$28.65 |
|
|
Existing |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|---|---|---|---|
|
(8) Food outlets/eating and drinking establishments: |
|
|
|
|
|
|
|
(i) Food outlet wherein meats, fresh vegetable or groceries are sold and/or exchanged shall be charged: (plus fixture unit cost shown above) |
$15.75 |
$21.65 |
$26.25 |
$30.40 |
$34.17 |
$35.85 |
|
(ii) Eating/drinking establishments (maximum occupancy load). Cost per seat: |
|
|
|
|
|
|
|
First 50 |
$0.79 |
$1.10 |
$1.30 |
$1.55 |
$1.70 |
$1.80 |
|
51-100 |
$0.63 |
$0.85 |
$1.05 |
$1.20 |
$1.35 |
$1.45 |
|
Over 100 |
$0.47 |
$0.65 |
$0.80 |
$0.90 |
$1.00 |
$1.05 |
|
Minimum Charge |
$35.70 |
$49.11 |
$59.50 |
$68.94 |
$77.44 |
$81.22 |
|
(iii) Bakeries without seats, including takeout only food, establishments |
$22.05 |
$30.33 |
$36.75 |
$42.58 |
$47.83 |
$50.17 |
|
|
Existing |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|---|---|---|---|
|
(9) Kennels and stables: |
$12.60 |
$17.35 |
$21.00 |
$24.35 |
$27.35 |
$28.65 |
|
(10) Laboratories (physical, chemical, photography, biological, dental): |
$24.15 |
$33.20 |
$40.25 |
$46.65 |
$52.40 |
$54.95 |
|
(11) Service stations (plus food outlet rate if a Mini-Mart): |
$18.90 |
$26.00 |
$31.50 |
$36.50 |
$41.00 |
$43.00 |
|
(12) Veterinary clinics/ veterinary hospitals (plus charge for kennel/stable where applicable). |
$12.60 |
$7.35 |
$21.00 |
$24.35 |
$27.35 |
$28.65 |
|
(13) Car lots: Charges based on landscaping rate and fixture unit rate if there is water in the office. |
||||||
(c) Lot size used for business and industrial purposes shall be by area of landscaped/open spaces using water:
|
Area |
Charge |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|---|---|---|---|---|---|---|
|
Less than 500 square feet |
No charge |
No charge |
No charge |
No charge |
No charge |
No charge |
|
500 - 5,500 square feet, inclusive |
$5.55 |
$7.65 |
$9.25 |
$10.70 |
$12.05 |
$12.65 |
|
Every 2,000 square feet thereafter, or fraction thereof |
$0.85 |
$1.15 |
$1.40 |
$1.65 |
$1.85 |
$1.95 |
(d) The Water Service User Rate charged for commercial accounts shall be based upon the number of fixture units, unless otherwise specified. The rate shall be charged per individual business based upon the number of fixture units regardless of whether several users share a common building or property.
(1032-CS, Amended, 08/26/2004; 1027-CS, Amended, 06/10/2004; 1019-CS, Added, 02/12/2004)
6-5-603 Fire line service charge.
This charge is for water systems using City of Turlock water lines and fire hydrants for fire protection but who supply potable water through their own water lines. This is a monthly charge.
|
Linear feet Existing |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|
$ 0.011 |
$ 0.15 |
$ 0.18 |
$ 0.21 |
$ 0.24 |
$ 0.25 |
(1027-CS, Amended, 06/10/2004; 1019-CS, Added, 02/12/2004)
Article 7. Construction Water Rates
6-5-701 Rates for off-site construction water.
(a) Construction water for off-site improvements.
(1) Off-site construction water shall be taken from hydrants designated by the Municipal Services Department and delivered directly to an approved tank truck for distribution. All water delivered to water trucks shall be taken from the two-and-one-half inch (2-1/2") discharge port of the hydrant only. Hydrants are to be operated using a hydrant spanner wrench only.
(2) Only under special conditions deemed beneficial by the Municipal Services Department shall a direct discharge from the four-and-one-half-inch (4-1/2") hydrant port be allowed. This use shall only be allowed under the direct supervision of the Municipal Services Department.
(b) A fire hydrant meter shall be obtained from the Municipal Services Department by depositing a fee as approved by City Council resolution with the Municipal Services Department. The deposit shall be refunded, less the amount for water used, upon return of the meter in good condition. In addition to actual consumption, customer shall pay a meter rental fee as follows:
|
Meter Size |
Rate Per Month |
|---|---|
|
1" or less |
$2.00 |
|
1-1/2" |
$4.50 |
|
2" |
$5.50 |
|
3" |
$13.50 |
|
4" |
$27.50 |
|
6" |
$48.50 |
|
8" |
$86.50 |
|
10" |
$140.50 |
(c) Hydrant meter rate (dollars per 1,000 gallons):
|
Existing |
Effective |
Effective |
Effective |
Effective |
Effective |
|
$0.85 |
$1.17 |
$1.42 |
$1.64 |
$1.84 |
$1.93 |
Dollars per 1,000 gallons, provided a hydrant meter rate minimum charge:
|
Existing |
Effective July 1, 2004 |
Effective July 1, 2005 |
Effective July 1, 2006 |
Effective July 1, 2007 |
Effective July 1, 2008 |
|
$9.45 |
$13.00 |
$15.75 |
$18.25 |
$20.50 |
$21.50 |
(1209-CS, Amended, 06/25/2015; 1194-CS, Amended, 04/08/2014; 1027-CS, Amended, 06/10/2004; 1019-CS, Added, 02/12/2004)
6-5-702 Rates for on-site construction water.
(a) All water services shall be metered. Meter fees shall be paid on the building permit. Upon payment of the meter fee through the building permit, a utility account shall be established and a water meter installed. Water charges shall start when the utility account is established.
(b) Full utility service charges (water, garbage, and sewer) start when the building permit is finalized or the building is occupied.
(1274-CS, Amended, 02/13/2020; 1209-CS, Amended, 06/25/2015; 1027-CS, Amended, 06/10/2004; 1019-CS, Added, 02/12/2004)
6-5-703 Disconnections from water service.
(a) Water service may be disconnected by the City for an owner’s failure to pay water construction fees, meter or backflow installation charges, or service fees for water service, repairs, or cleanup.
(b) In the event of a violation of any of the provisions of this chapter, or any rule or regulation established pursuant to the provisions of this chapter, or any condition of any permit issued pursuant to this chapter, the Municipal Services Director shall notify in writing the person causing, allowing, or permitting such violation, specify the violation, and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the Municipal Services Director shall have the authority to disconnect, or will disconnect, the user from the water system and/or the sewage system service, and such time shall not be less than three (3) days after the mailing of the notice in writing to the user so in violation. The Municipal Services Director may disconnect any user from the sewage system and/or water system who continues such violation after the time stated in the notice.
Nothing in this section shall prevent the Municipal Services Director from discontinuing any user in a case of emergency.
(c) Whenever premises have been disconnected from either the water system or the sewage system for the nonpayment of water or sewer service charges, such premises shall not be reconnected to either the water system or the sewer system until the reinstatement charge and all other outstanding charges shown on the utility bill have been paid.
(1155-CS, Amended, 09/22/2011; 1027-CS, Amended, 06/10/2004; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-307)
Article 8. Storm Drainage
6-5-801 Findings.
The City Council of the City of Turlock finds and declares that:
(a) The purpose of this ordinance is to provide a means for the collection, storage, transport and disposal of storm and surface water to ensure the health, safety, welfare and future growth of the citizens of Turlock.
(b) The General Plan of the City of Turlock addresses the need to provide a means for the collection, storage, transport and disposal of storm and surface water.
(c) A professional study has been performed and adopted by the City Council and therefrom a level of service for storm and surface water disposal was established and same provided a service and implementation plan for achieving such level of service within the area encompassed by the City’s general plan. Said study, performed by the CH2M/Hill company in 1987, and any modification thereof, is incorporated herein by reference and is hereinafter referred to as the CH2M/HILL REPORT.
(d) New development has a negative impact on the ability of the City to provide the established level of storm and surface drainage water service to its citizens, and such negative impact can be mitigated to provide the established level of service by a storm drainage system, funded by a schedule of fees and charges based on the amount of storm water runoff generated by new development.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-501; 715-CS, Repealed & Reeneacted, 11/08/1990)
6-5-802 Master drainage facilities or fee required.
All real property within the City of Turlock shall be subject to a fee for master storm drainage facilities (“MSDF fee”) at the time of its development. “Master storm drainage facilities” are defined as those facilities described and provided for in the CH2M/HILL REPORT. MSDF fees shall be based on the percentage of impervious surface contained in the gross land area of each proposed new development. For real property proposed to be subdivided, the percentages of impervious surface are based on the designation of the real property within the Turlock General Plan, according to the following table:
|
COEFFICIENT OF LAND USE DESIGNATION |
IMPERVIOUS SURFACE |
|---|---|
|
Low Density Residential |
0.40 |
|
Medium Density Residential |
0.65 |
|
High Density Residential |
0.65 |
|
Commercial (All) |
0.90 |
|
Industrial (All) |
0.90 |
(1019-CS, Renumbered, 02/12/2004, Renumbered 6-5-502; 715-CS, Repealed & Reenacted, 11/08/1990)
6-5-803 Payment of fees: Resolution: Exception.
(a) For real property proposed to be subdivided, the required MSDF fees shall be paid at the time of recording a final subdivision map.
(b) For real property which has been previously subdivided, and for which no drainage fees have been paid, the MSDF fees shall be paid at the time of issuance of a building permit. For such real properties, the MSDF fee to be paid will be based on the actual area of impervious surface shown on the site plan accompanying the application for building permit. Subsequent building permits on the same real property will require the payment of MSDF fees based on the actual area of impervious surface contained in each application.
(c) MSDF fees, and any exceptions thereto not provided for herein, for real property proposed to be subdivided and for previously subdivided real property subject to payment of fees, shall be established by resolution of the City Council.
(d) Exception. Applications which increase the impervious area on a parcel of real property by less than one hundred (100) square feet shall not be subject to the payment of MSDF fees.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-503; 715-CS, Repealed & Reenacted, 11/08/1990)
6-5-804 Connection to master storm drainage facilities.
It is the responsibility of the developer of any real properties proposed for development to provide connection to the master storm drainage system. Where master storm drainage facilities do not exist, real property owners or developers may, at the option of the City, construct such portions of the master storm drainage system as required to serve their real property.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-504; 715-CS, Repealed & Reenacted, 11/08/1990)
6-5-805 Reimbursement for construction of master drainage facilities.
(a) Reimbursement agreements may be entered into between the City and those real property owners and developers who build master storm drainage facilities providing for the reimbursement of costs incurred in the construction of those facilities.
(b) Reimbursement of costs incurred in the construction of master storm drainage facilities shall be made in the program year for the facility stated in the CH2M/HILL REPORT, or the most current modification thereto, and the sum due shall be calculated based on the most current Engineering News Record Construction Cost Index for the San Francisco Area (ENR) in use on the date of reimbursement as provided for in the reimbursement agreement.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-505; 715-CS, Repealed & Reenacted, 11/08/1990)
6-5-806 Local drainage facilities and reimbursement.
(a) Drainage facilities necessary to connect any real property to the master storm drainage system and not shown in the CH2M/HILL REPORT are defined as “local drainage facilities” and are the responsibility of each developer of real property or real property owner to provide at the time of development of his real property, except as provided herein. Such facilities may include but are not limited to pipelines, manholes, catch basins, and on-site storage facilities.
(b) Where local drainage facilities are installed by one (1) real property owner or developer, and such local drainage facilities provide a connection to the master storm drainage system for one (1) or more additional real properties, a local drainage facility reimbursement agreement may be established by the City, whereby the developer or real property owner installing local drainage facilities may be reimbursed from the fees collected by the City of Turlock from the owners or developers of other real properties who subsequently connect to those facilities. The area covered by such local drainage facility reimbursement agreements will be defined at the time of installation of the facilities and reimbursement will be made based upon the original cost of the facilities, the area of the real properties included and the coefficients, pursuant to TMC Section 6-5-802, for the proposed land use of the real properties as shown in the Turlock General Plan. Reimbursement for the cost of local drainage facilities will be made upon connection to those facilities by other real property owners or developers. Reimbursement for local drainage facilities will not be made from funds collected for the purpose of defraying the cost of master storm drainage facilities.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-506; 715-CS, Rep&ReEn, 11/08/1990)
6-5-807 Interim drainage facilities.
Where Master Storm Drainage Facilities have not been installed, and where in the opinion of the City Engineer it is not feasible to construct Local Drainage Facilities to connect to the Master Storm Drainage System, the owner or developer of real property proposed for development shall be required to install Interim Drainage Facilities adequately sized to handle storm water runoff from his development, in addition to paying the appropriate MSDF fees. The Interim Drainage Facilities may include storm drainage retention basins or other systems approved by the City Engineer. Standards for calculating capacity of Interim Drainage Facilities shall be the same as those used in the design of Master Storm Drainage Facilities and Local Drainage Facilities.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-507; 715-CS, Rep&ReEn, 11/08/1990)
6-5-808 Master Drainage Facilities Fund.
Fees paid pursuant to Section 6-5-502 of this article and any resolution adopted pursuant thereto shall be placed in a Master Drainage Facilities Fund, to be used for the purpose of constructing, extending, and improving Master Drainage Facilities, as said facilities are described herein. Monies deposited into the Master Drainage Facilities Fund shall not be commingled with other monies, except for the purpose of temporary investment, as defined by California Government Code Section 66006(a).
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-508; 715-CS, Rep&ReEn, 11/08/1990)
6-5-809 Master Drainage Facilities Annual Report.
On or before September 1 of each year, the Finance Director of the City of Turlock shall prepare a Master Drainage Facilities Annual Report. Such annual report shall contain the following information:
(a) The beginning and ending balance of the account for the fiscal year;
(b) The fee, interest, and other income collected during the fiscal year:
(c) The amount of expenditures from the account during the fiscal year, categorized by project as defined in the CH2M/HILL REPORT;
(d) The amount of refunds made during the fiscal year, pursuant to Government Code 66001(e), from unexpended or uncommitted Master Storm Drainage Fees, after five years have elapsed from their original date of collection.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-509; 715-CS, Rep&ReEn, 11/08/1990)