§ 14.05

The purpose of this chapter is to establish a storm water drainage and retention benefit district to assess fees on based on expected generated development causing the creation and maintenance of storm drainage and detention facilities due to new or expanded development and may apply to the entire city or be created for a specific development. The protection of the quality of our water is the responsibility of the city, property owner, homeowners' associations, and business. Maintaining stormwater management facilities is the responsibility of the city where the stormwater facilities are owned by the city. Maintaining stormwater management facilities on private property is the responsibility of the property owner. Stormwater management maintenance agreements may be required for all stormwater management plans and those documents, when required, will be recorded at the Kern County Recorder of Deeds Office.

(Ord. No. 494, § 3, 7-9-2024)

The "benefit district" shall include all that area Arvin City limits and such other areas as may from time to time be lawfully annexed to the city.

(Ord. No. 494, § 3, 7-9-2024)

A "storm water drainage and retention basin facility" is any infrastructure associated with the construction of, management of and maintenance of storm drainage or retention system of storm waters due to new or expanded development.

(Ord. No. 494, § 3, 7-9-2024)

The city council may, from time to time by resolution, set fees for the implementation of this chapter. The fees established shall bear a reasonable relationship to the costs associated with construction of, maintenance of and management of storm drainage or detention of storm water systems caused by developments. The fees established shall be assessed against all new developments or expanded developments.

(Ord. No. 494, § 3, 7-9-2024)

The city may, from time to time, make such contributions to the storm water drainage and retention basin facilities fund as the city council in its discretion determines are reasonable and in the best interest of the citizens of the city. The city shall have the right to be reimbursed from the district funds for all such contributions that are made. Such reimbursement shall be made prior to the termination of the district.

(Ord. No. 494, § 3, 7-9-2024)

A.

The city council shall, from time to time by resolution, establish a list of needed storm drainage and detention facilities.

B.

New or expanded development which causes the need for storm drainage and detention facilities, the developer shall advance the entire cost of the design and construction of the storm drainage facilities. In such an event the developer shall be entitled to be reimbursed from the district funds for the cost of the initial construction. The reimbursement shall be made at such time as properties are developed by others and as such time as funds become available.

C.

All new development within the city shall be shared in a portion of the cost in accordance with the provisions of this chapter.

D.

The need for storm drainage and detention facilities by and for the primary benefit of the development. Therefore, if the storm drainage and detention facilities are determined to be required by a development the developer shall pay the entire cost of the design and construction of the required storm drainage and detention facilities.

E.

The developer shall establish a benefit assessment district, in accordance with chapter 14.02, Procedures for the Establishment of Benefit Assessment Districts, for the long-term maintenance and operation of the

storm facilities and detention basin.

(Ord. No. 494, § 3, 7-9-2024)

Fees received paid to a separate fund and used purposes of this chapter.

(Ord. No. 494, § 3, 7-9-2024)

The city council may, from time to time by resolution, adopt such rules and regulations as necessary to administer and implement the provisions of this chapter.

(Ord. No. 494, § 3, 7-9-2024)

The district created by this chapter may be terminated at any time by ordinance of the city council, provided the city has first been reimbursed for all contributions made to the district funds. All money remaining after termination of the district shall be used exclusively for maintenance and installation of storm drainage facilities within the city.

(Ord. No. 494, § 3, 7-9-2024)

Title 16 - SUBDIVISIONS*

Chapters:

Chapter 16.04 - GENERAL PROVISIONS

Sections: