§ 16.26

It is the purpose of this chapter to require the payment of a fee as a condition of approval of any final subdivision map or as a condition of any permit for the construction and development of any property within the area described in the Copeland Creek drainage plan. Such fees are for the purpose of defraying

the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from the drainage area included within the Copeland Creek drainage plan.

(Ord. 744 § 1 (part), 2005)

Reference is hereby made to the Copeland Creek drainage plan which was approved by the city council of the city pursuant to resolution number 67-64 adopted by the city council on August 7, 1967, which plan contains an estimate of the total costs of constructing the drainage facilities required by the plan and a map of the drainage area showing its boundaries and the location of planned drainage facilities. Copies of the Copeland Creek drainage plan shall at all times be on file and available for public inspection in the office of the city clerk, city hall, Rohnert Park, California.

(Ord. 744 § 1 (part), 2005)

The city council finds and determines as follows:

A.

That the subdivision and development of property within the Copeland Creek drainage plan area will require construction of the facilities prescribed in said plan;

B.

That the costs described in the Copeland Creek drainage plan are reasonable estimates of the costs of constructing the facilities described in said plan;

C.

That the fees described in Section 16.54.040 of this title are fairly and uniformly apportioned on all land within the area of the Copeland Creek drainage plan on a per-acreage basis;

D.

That the drainage facilities described within the Copeland Creek drainage plan are in addition to existing local drainage facilities serving the area at the time of the adoption of the Copeland Creek drainage plan.

(Ord. 744 § 1 (part), 2005)

There is established a fee of six hundred and thirty dollars per acre which shall be paid as a condition of the subdivision or development of any land within the city boundaries and within the Copeland Creek drainage plan as hereinafter provided. An equivalent portion of the fees shall be paid when applied to any fraction of an acre of land.

(Ord. 744 § 1 (part), 2005)

Payment of the fees prescribed in Section 16.26.040 of this chapter shall be made a condition of the approval of any final subdivision map as defined in the California State Map Act. Computation of the fee shall be based upon the total acreage within the exterior boundaries of the land described in the final subdivision map.

Payment of the fee prescribed in Section 16.26.040 shall also be made a condition of the issuance of any building permit for the development of any land within the area of the Copeland Creek drainage plan against which said fee has not already been paid. For the purpose of this chapter, development of the land is defined as any construction or improvement thereon which requires a building permit under the ordinances of the city and specifically the currently adopted edition of the Uniform Building Code. Computation of the fee shall be based upon the amount of land to be utilized by the development or the planned future expansion thereof. Any dispute as to the amount of land to be utilized in connection with the development shall be resolved by the city building inspector whose decision is subject to review by the city council.

(Ord. 744 § 1 (part), 2005)

There is established a Copeland Creek drainage facilities fund. All fees collected pursuant to the terms and provisions of this chapter shall be deposited in said fund. All moneys in such fund shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the area of the Copeland Creek drainage plan.

(Ord. 744 § 1 (part), 2005)

16.26.070 - In lieu payment.

The city may accept cash or other consideration in payment of the fees described in Section 16.26.040. Any consideration received, other than cash, shall be credited on the basis of its fair market value.

(Ord. 744 § 1 (part), 2005)

The city may advance money from its general fund to pay the costs of constructing drainage facilities within the Copeland Creek drainage plan area and reimburse the general fund for such advancement from the Copeland Creek drainage facilities fund.

(Ord. 744 § 1 (part), 2005)

The city may incur an indebtedness for the construction of drainage facilities within the area of the Copeland Creek drainage plan provided that the sole security for the repayment of such indebtedness shall be moneys in the Copeland Creek drainage facilities fund.

• (Ord. 744 § 1 (part), 2005)

Only one fee or portion thereof shall be paid as to any one acre of land or portion thereof. Accurate records shall be kept of the fees collected under this chapter. Such records shall set forth the amount of fees paid as to each parcel of land to which said fees apply.

(Ord. 744 § 1 (part), 2005)

16.26.110 - Violation—Penalty.

Any person, firm, association or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be subject to a fine of not to exceed five hundred dollars or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment. The city council may authorize the city attorney to proceed by injunction to abate any violation of this chapter.

(Ord. 744 § 1 (part), 2005)