HomeMy WebLinkAbout524 ORDINANCE NO. 524
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AMENDING TITLE 6, CHAPTER 4, SECTION 6-4.435, OF THE LOS ALTOS HILLS
MUNICIPAL CODE, REGARDING SEWER SYSTEM CONNECTION FEES FOR
SECONDARY DWELLING UNITS
WHEREAS,the Town of Los Altos Hills has recently reviewed its sewer connection fee
policy; and,
WHEREAS, upon review of the policy, it was determined that the municipal code
should be modified to provide that connection fees for secondary dwelling units are to be
calculated based on the total number of fixture units for the parcel.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby
ORDAIN as follows:
SECTION I. AMENDMENTS
Section 6-4.435 of Title 6, Chapter 4 ("Sewer system connection fees or changes") of the
Los Altos Hills Municipal Code shall be amended to read as follows:
6-4.435 Sewer system connection fees or changes.
(a) Authority to Assess Connection Fees. Any customer(new or existing) of the
public sanitary sewer system who installs new or additional fixtures, processes, or
equipment, or otherwise causes an increase in wastewater discharge into the Town
sewer,.is required to pay to the Town a sewer connection fee (this connection fee
or charge is in addition to the connection fee or charge for rights of capacity and
use in the facilities of City of Palo Alto or City of Los Altos).No connection shall
be made to the sewer system, and no increase in wastewater discharge volume
shall occur from an existing connection, until the Town has approved such
discharge and applicable sewer connection fee has been paid. Fees shall be paid in
accordance with the following:
Residential Users. One standard residential connection fee shall be assessed for
maximum sixty(60) fixture units calculated per Plumbing Code. The sewer
connection fee for a residential unit or service unit with more than sixty(60)
fixture units (FU) shall be calculated per the following formula:
Sewer connection fee=Total FU divided by 60 times one standard residential
connection fee
Sewer connection fees shall be adopted by resolution of the City Council.
(b) Minimum Connection Fee. The minimum sewer connection fee shall be
imposed for a primary single-family dwelling unit with fixture units in the range
from one to sixty(60)fixture units per Plumbing Code. Secondary dwelling units
on a single residential parcel shall not require payment of an additional
connection fee,provided that the sum of the fixture units for all dwelling units on
the parcel does not exceed sixty(60) fixture units. If the total number of fixture
units on a single residential parcel exceeds sixty(60),then the formula stated in
Section 6-4.435(a) shall apply.
(c) Sewer Connection Fee Credits. In determining sewer connection fees for a
facility,the Town shall credit applicants with the capacity previously paid for and
purchased for the property. If documentation is not available regarding purchased
capacity,the Town shall determine the likely purchased capacity.No other credit
shall be granted.
(d) Connection Fee Nonrefundable. All sewer connection fees as herein
provided are nonrefundable.
(e) Capacity Rights and Transferability. Sewer system capacity rights and the
right to connect to the public sewer shall run with the property and shall not be
transferred to, or used for any property other than the property for which sewer
connection fees were paid,unless the City Engineer specifically authorizes such a
transfer.
SECTION II. SEVERABILITY
If any section, subsection, subdivision,paragraph, sentence, clause or phrase of the
Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision,paragraph, sentence, clause phrase of
the Ordinance irrespective of the fact that one or more of them would be declared
unconstitutional or invalid. To this end,the provisions of the Ordinance are declared to be
severable.
SECTION M. EFFECTIVE DATE AND PUBLICATION
This ordinance shall become effective thirty(30) days from the date of its passage.
Within 15 days after its passage,this ordinance shall be published once,with the names of those
City Councilmembers voting for or against it, in the Los Altos Town Crier, a newspaper of
general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED: October 21, 2010
PASSED: November 18 , 2010
AYES: KERR, MORDO, SUMMIT AND 1-7ARSHAWSKY
NOES: None
ABSTENTIONS: None
ABSENT: LARSEN
BY:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
1545939.1