§ 16.36

This article is adopted pursuant to Section 66483 et seq. of the Government Code which provides for the payment of fees for the construction of drainage facilities as a condition to the division of land.

(Ord. 460.137 § 10.25(A), 1997)

16.36.020 - Area drainage plan—Fee required.

Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.

(Ord. 460.137 § 10.25(B), 1997)

Each area drainage plan shall be adopted by resolution of the board of supervisors, pursuant to the provisions of Government Code Section 66483 et seq.; shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan, and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the board shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The board shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs were apportioned uniformly on a per acre basis.

(Ord. 460.137 § 10.25(C), 1997)

A.

Drainage fees shall be paid at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the land owner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of issuance of the grading permits or prior to issuance of the building permits if grading permits are not issued.

B.

The drainage fee shall be paid to the Riverside County flood control and water conservation district at the time of issuance of a grading or building permit. Upon issuance of the grading or building permit, written documentation verifying payment of the drainage fee shall be submitted to the building official of the Riverside County department of building and safety. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the Riverside County flood control and water conservation district. A separate fund shall be established by the district for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction including acquisition of rights-of-way necessary for construction of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the district for the cost of engineering and administrative services to design and construct and acquire any necessary rights-of-way for the facilities.

(Ord. 460.137 § 10.25(D), (E), 1997)

At the discretion of the board, considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

(Ord. 460.137 § 10.25(F), 1997)

A.

Money may be advanced by the Riverside County flood control and water conservation district to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the district from the fund for the local drainage area in which the facilities are located.

B.

When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the Riverside County flood control and water conservation district whereby the developer may advance money for the construction of facilities, or design or construct facilities within a local drainage

area; provided, that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire fifteen (15) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

(Ord. 460.137 § 10.25(G), (H), 1997)

The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the board at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities.

(Ord. 460.137 § 10.25(I), 1997)

(Ord. No. 460.155, § 1, 9-17-2019)

Area drainage plans shall be administered, and drainage fees shall be calculated in accordance with the "Rules and Regulations for Administration of Area Drainage Plans" adopted by resolution of the board of supervisors. The drainage fees for adopted area drainage plans (ADP) shall be as follows:

(Ord. 460.144 § 1, 2006; Ord. 460.143 § 1, 2004; Ord. 460.142 § 1, 2003; Ord. 460.141 § 1, 2001; Ord. 460.139 § 1, 1998; Ord. 460.138 § 1, 1998; Ord. 460.137 § 10.25(J), 1997)

(Ord. No. 460.152, § 1, 7-15-2014; Ord. No. 460.155, §§ 2, 3, 9-17-2019)

Article 2. - Flood Control and Tract Drainage

Facilities for the control of tract drainage and floodwaters in Schedule "A," "B," "C," "D," "E," "F" and "G" land divisions are established as follows:

A.

The minimum design for facilities which control drainage water generated within a land division or floodwater flowing into or crossing a land division shall be based on a storm having a frequency of once in one hundred (100) years.

Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a land division shall be submitted for approval to the director of transportation. Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a land division shall be submitted for approval to the flood control agency having jurisdiction and to the director of transportation.

B.

The use of streets for flood control and drainage purposes may be prohibited by the director of transportation if the use thereof is not in the interest of the public health, safety and welfare.

C.

When the director of transportation permits the use of streets for flood control and drainage purposes, the ten (10) year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes, and the one hundred (100) year frequency design discharge shall be contained within the street rightof-way. If either of these conditions is exceeded, additional flood control facilities shall be provided.

(Ord. 460.137 § 11.1, 1997)

A.

The flood control engineer shall review the hydrologic calculation submitted by the land divider and determine the adequacy of peak discharges of offside floodwaters impinging upon the land division from which protection must be provided. The land divider may consult with the flood control engineer or his or her representative as to the adequacy of the flood control facilities proposed.

B.

Improvement plans for flood control facilities to control floodwater flowing into or crossing a land division shall be approved by the appropriate flood control agency and the director of transportation.

C.

After receipt of an acceptable tentative map, the flood control engineer will recommend conditions to be imposed. He or she shall also furnish a flood hazard report to the land divider and such governmental agencies as may require the same.

(Ord. 460.137 § 11.2, 1997)

16.36.110 - Tract drainage.

A.

Improvement plans for drainage facilities to control drainage water generated within a land division shall be approved by the flood control and water conservation district and transportation department.

B.

In land divisions where lot grading is not proposed, the following criteria are established:

1.

Where land division streets on sustained gradients cross natural drainage courses, adequate culverts shall be provided to accommodate the one hundred (100) year storm with maximum ponding to an elevation two feet below the road centerline profile grade, provided diversion of ponded water into another drainage area will not result therefrom.

2.

Runoff in natural drainage courses exceeding the one hundred (100) year storm may be permitted to overtop the roadway in dip sections where, in the opinion of the director of transportation, topography, soil conditions, adjacent development and available all-weather routes indicate its feasibility. If a deep section is permitted, the roadway embankment slopes shall be adequately protected.

Culverts of adequate size, but not less than eighteen (18) inches in diameter or equal, to prevent the one hundred (100) year storm from overtopping the roadway shall be provided in dip section or as approved by the director of transportation. Smaller culverts may be approved by the director of transportation.

4.

Streets crossing improved channels shall be provided with culverts of adequate size to permit passage of the channel design flow or such other type of crossing as approved by the appropriate flood control agency and the Director of Transportation.

5.

Asphalt concrete for lining of channels shall not be permitted.

6.

When a land division substantially changes, concentrates or increases the natural flow of surface water onto adjacent property, facilities shall be required to direct the water to an adequate outlet, or the land divider shall obtain a recordable easement or written agreement for drainage purposes across the affected property.

(Ord. 460.137 § 11.3, 1997)

Chapter 16.40 - DRY SEWERS

Sections: