(a) In addition to any charges or fees provided for in this chapter,
or otherwise required under this code, a connection fee is established
for the privilege of using the district's potable and recycled water
systems.
(b) Except as provided in subsections
(c),
(d),
(e),
(f) and
(h) of this section, the connection fees shall be applied to each acre-foot of annual water entitlement required to be purchased by the applicant, less any credits for provision of storage facilities pursuant to Section
11.40.020(2). The Board of Directors shall, in a Board resolution, set forth the amount of the water connection fee. The method of determining the annual water entitlement for non-residential use is set forth in Section
11.08.180. Water entitlements for single-family residential and multi-unit residential structures shall be determined on an area average basis which is derived from average single-family dwelling consumption within the same service area (system).
(c) In case of the enlargement of any existing service connection or
change in character or increase of water use of any existing service,
the connection fee shall be levied only upon that portion of the revised
annual water entitlement which exceeds the current water entitlement.
(d) The connection fee for a structure which, after December 31, 1980, has received water through the meter for another structure in violation of Section
11.04.070 shall be increased by an amount equal to one half of the meter and fireflow requirement charges which would have been charged to the structure to which the connection fees apply if it had been served through its own meter during the entire period of time after December 31, 1980, that it received in violation of Section
11.04.070.
(e) No connection fees shall be charged for private fire taps.
(f) The connection fees established for the privilege of using the district's
recycled water system shall be for reimbursement of development of
the recycled water supply and installation of the recycled water distribution
system.
(g) The budgeted annual water consumption is defined as the annual allocation
of water per water service based on the actual needs of the service,
not exceeding the water entitlement, and the use of water without
waste.
(h) A new or separate water service shall not be required and no connection
fees shall be charged for one junior accessory dwelling unit (JADU)
or one accessory dwelling unit (ADU) per lot with a proposed or existing
single-family dwelling if the JADU meets the requirements set forth
in subsection (1) below or the ADU meets the requirements set forth
in subsections (2) or (3) below. However, this section shall not apply
to a JADU or an ADU that is constructed with a new single-family home.
(1) JADU Contained Within A Single-Family Residence. A JADU is a unit
that is no more than 500 square feet in size and contained entirely
within a single-family residence. The JADU may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
The JADU shall have a separate entrance from the main entrance to
the proposed or existing residence and contain an efficiency kitchen,
which includes a cooking facility with appliances and a food preparation
counter and storage cabinets that are of reasonable size in relation
to the size of the JADU. Every property with a JADU shall have a restrictive
covenant recorded against that property with the county of Marin requiring
owner occupancy of the home and be legally permitted for use as a
JADU with the local jurisdiction overseeing zoning.
(2) ADU Contained Within A Single-Family Residence or An Existing Accessory
Structure. This category of ADU is an attached or a detached residential
dwelling unit that provides complete independent living facilities
for one or more persons and is located on a lot with a proposed or
existing primary residence. It shall include permanent provisions
for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family dwelling is or will be situated. The ADU
shall be within the proposed space of a single-family dwelling or
existing space of a single-family dwelling or accessory structure
and may include an expansion of not more than 150 square feet beyond
the same physical dimensions of the existing accessory structure for
the purposes of ingress and egress. The ADU shall have separate exterior
access from the proposed or existing single-family dwelling. The total
area of floor space for an attached ADU shall not exceed 50% of the
existing primary dwelling, and the total floor area for an ADU contained
within the space of an existing accessory structure shall not exceed
1,200 square feet.
(3) Newly Constructed Attached or Detached ADU. This category of ADU
is a newly constructed attached ADU, which expands the space of an
existing single-family dwelling more than 150 square feet or a newly
constructed detached ADU that provides complete independent living
facilities for one or more persons and is located on a lot with an
existing primary residence that has an existing water service. The
ADU shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the existing single-family
dwelling is situated. The ADU shall have separate exterior access
from the existing single-family dwelling. The total area of floor
space for an attached ADU shall not exceed 50% of the existing primary
dwelling, and the total floor area for a detached ADU shall not exceed
1,200 square feet. Additionally, all newly constructed, attached or
detached ADUs described in this section shall be subject to the following
conditions:
(A) Either the ADU or the existing single-family dwelling shall be occupied
by the owner of the property upon which the existing single-family
residential unit and ADU are located.
(B) Both the existing single-family residential dwelling and the ADU shall comply, at minimum, with the water efficiency standards set forth in Section
13.02.021.
(C) The applicant shall be a current District customer who has continuously
maintained water service at the parcel, on which the ADU will be constructed,
for a period of at least one year immediately preceding submission
of an application for the waivers set forth in this section.
(Ord. 176 §1, 1978; Ord. 185 §1, 1978; Ord. 197 §2, 1979; Ord. 202 §2, 1979; Ord. 205 §2, 1979; Ord. 208 §5,
1980; Ord. 219 §8, 1981; Ord. 254 §2, 1986; Ord. 261 §6, 1986; Ord. 265 §2, 1986; Ord. 281 §4, 1989; Ord. 314 §2
1990; Ord. 327 §1, 1991; Ord. 328 §2, 1991; Ord. 333 §1, 1992; Ord. 337 §3, 1992; Ord. 340 §1, 1992; Ord. 376 §5,
1997; Ord. 433 §§2, 3,
2016; Ord. 440 §1, 2018; Ord. 445 §4, 2019; Ord. 446 § 3, 2020)