Chowchilla Municipal Code Ch. 13.24 Storm Drainage Enterprise Account

There is established a storm drainage enterprise account to be kept separate and apart from the general fund of the city, or any other special account of the city. All storm drainage fees collected pursuant to this chapter, by the city shall be deposited into the enterprise account. All costs the payment of which were used to calculate the amount of the storm drainage fee, shall be paid out of the storm drainage enterprise account. The storm drainage enterprise account funds shall not be used to pay any costs other than the costs which are directly related to the city providing storm drainage services, as described in this chapter.

(Ord. 388-95 § 2 (part), 1995)

There is established a storm drainage fee. The amount of the fee shall be established by the city council and modified from time to time thereafter, by resolution. The amount of the fee shall be determined by the council based on the council's findings of the actual cost of providing stormwater drainage services to properties within the city.

A. The calculation of the actual cost may include, but is not necessarily limited to, the cost of each of the following: the construction of any storm drainage ponding basins constructed by the city, including but not limited to the debt service payment for any debt incurred for this purpose; the cost of the maintenance of any storm drainage ponding basin which the city owns and operates and into which stormwater drains from property within the city limits; the cost of the construction, acquisition, operation and maintenance of any and all other storm drainage facilities, including but not limited to any administrative, master planning engineering and design work associated with them and the cost of any appurtenances to such facilities such as drains, ditches, pipes, pumps, gutters, and fencing and landscaping in, along, over or within any storm drainage basins owned, operated or maintained by the city.

B. The method of determining charges shall take into account the square footage of the property and the allowable use of the land, because use indicates the likely percentage of surface area of the land available for the percolation of stormwaters.

(Ord. 388-95 § 2 (part), 1995)

The city shall cause the owner of each developed property within the city, which is not exempt from this charge, periodically to be sent a statement for storm drainage fees and collection of those fees shall proceed in accordance with the provisions of Chapter 13.16 of this code, however storm drainage services cannot be terminated by a property owner unless and until that property owner either ceases to own the property or brings that property within one or more of the exemptions to the storm drainage fee set forth in this chapter.

(Ord. 388-95 § 2 (part), 1995)

It is not fair or reasonable for certain types of properties to be billed for the stormwater fee and it is found and determined that those properties should be exempt from the fee.

A. Because industrial or manufacturing properties in the city which are zoned for heavy industrial use, (under Chapter 18.42 of this code,) are required to construct and maintain their own storm drainage facilities and to dispose of all storm drainage waters which run off of their own property thereby, this fee is specifically made inapplicable to properties which are zoned for such purposes. However, property which is zoned for light industrial use, (under Chapter 18.41 of this code,) is not required to construct or maintain their own storm drainage facilities or to dispose of all storm drainage waters which run off of their own property and, therefore, such property is not exempt from the fee charged pursuant to this chapter.

B. Because certain land, from time to time, has been and will be annexed into the city which is in an agricultural use and if allowed to remain in that use after annexation then all land in agricultural uses and which is appropriately zoned for such purpose is specifically excluded from the applicability of this chapter.

C. Because land which has never been developed, typically is not paved and does not have upon it any building or structure which is impenetrable to water, such land, as a general rule, does not cause stormwater run off but, in fact, serves to help provide open land in which stormwaters may gather and percolate into the ground, such land is specifically excluded from the applicability of this chapter.

D. Because the owner of a single parcel of land should not be compelled to pay twice for the same services, all land which is in a landscape and lighting maintenance district of the city, for any fiscal year in which the landscape and lighting maintenance district has established its budget so as to include the cost of operating and maintaining storm drainage collection, retention or disposal facilities, is specifically excluded from the applicability of this chapter. However, such exemption shall cease at the beginning of any fiscal year in which the budget adopted for the landscape and lighting maintenance district does not include the full cost of maintaining the stormwater facilities which serve the property within that district.

E. Because land owned by the city would simply pay the fee out of the enterprise fund itself, it would make no sense for the city to have to pay itself such a fee. Therefore all land owned by the city is exempt from the payment of the fee.

(Ord. 388-95 § 2 (part), 1995)