Colton Municipal Code Ch. 12.34 Storm Drain Facilities Fees for Drainage Benefit Area No. 1

It is the purpose and intent of this chapter to establish the method of financing the construction of necessary storm drain facilities and Improvements to serve new Subdivision Development proposed within Drainage Benefit Area No. 1. Pursuant to Government Code Section 66483, the City does establish a storm drain facilities Fee for the purpose of defraying the actual or estimated costs of the City for constructing planned drainage facilities for the removal of surface and Stormwaters from Drainage Benefit Area No. 1. Drainage Benefit Area No. 1 was formed in order to ensure that the costs of drainage facilities needed to serve the new Development within Drainage Benefit Area No. 1 be borne by the Properties benefitted by such drainage facilities.

(Ord. 0-27-88 § 1 (part), 1988)

Whenever the Following terms are Used in this chapter, they Shall have the meanings established by this section:

A. "Development Permit" means any discretionary Permit, entitlement or Approval by the City.

B. "Drainage Benefit Area No. 1" means that area of the City lying within County Flood control study zone 2 for which the City has adopted an Approved plan for the construction of storm drain facilities and Improvements, the boundaries of which are described in the map on file with the Public Works Director of the City.

Every Subdivider who subdivides land within Drainage Benefit Area No. 1 Shall pay a storm drain facilities Fee as provided for in this chapter. The requirements of this chapter are imposed as a condition of Subdivision Development to ensure implementation and consistency with the City's General Plan and to protect the public health, safety and welfare by insuring that adequate public facilities and Improvements will be installed and available to serve new Development prior to or concurrently with the need for such facilities.

(Ord. 0-27-88 § 1 (part), 1988)

Storm drain facilities Fees Shall be collected from Applicants for Subdivision Development proposed within Drainage Benefit Area No. 1 in accordance with the schedule of Fees as established from time to time by Resolution of the City Council. No Development Permit Shall be issued unless the Fees required by this chapter are first paid. Fees collected pursuant to this chapter Shall be deposited in a special planned Local drainage facilities fund established for the purpose of funding the construction of the storm drain facilities and Improvements provided for in the City's storm drain Improvement plan for Drainage Benefit Area No. 1. The Fees required by this chapter are in addition to any other means of financing facilities or Improvements identified in the City's storm drain Improvement plan which May be imposed on the Development of Property under the provisions of State Law, this Code or City policy.

(Ord. 0-27-88 § 1 (part), 1988)

A. Accounting for Funds. All storm drain facilities Fees collected pursuant to this chapter Shall be deposited in the planned Local drainage facilities fund for Drainage Benefit Area No. 1 in a manner to avoid any commingling of such Fees with other revenues and funds of the City. Any interest income earned by moneys in the planned drainage facilities fund for Drainage Benefit Area No. 1 Shall also be deposited in that account and Shall be expended only for the purpose for which the Fee was originally collected.

B. Advance of City Moneys. The City May advance moneys from its General Fund or other funds to pay the costs of constructing storm drain facilities and Improvements for Drainage Benefit Area No. 1 and May reimburse such funds for any advances from Fees paid pursuant to this chapter.

C. Fee Review. On or about October 1, 1989, and each Following Year, the Public Works Department Shall review the estimated cost of the planned storm drain facilities and Improvements, the continued need for those Improvements and the reasonable relationship between such need and the impacts of new Subdivision Development on which the Fee is levied. The Public Works Director Shall report the Department's findings to the City Council at a Noticed Public Hearing and recommend any adjustment to this Fee or other action as May be needed.

(Ord. 0-27-88 § 1 (part), 1988)

As a condition of issuance of any Building or Development Permit for new Subdivision Development proposed within Drainage Benefit Area No. 1 after the effective date of the Ordinance codified in this chapter, the Applicant Shall pay the Fees established by this chapter at the time the Building Permit is issued.

(Ord. 0-27-88 § 1 (part), 1988)