Eastvale Municipal Code Art. 1 Drainage Fees

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

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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. No. 2011-04, §§ 1, 2, 1-26-2011)

Each area drainage plan shall be adopted by resolution of the city council, pursuant to the provisions of Government Code § 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 city council 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 city council 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. No. 2011-04, §§ 1, 2, 1-26-2011)

(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 landowner, 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 city 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 city. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the city. A separate fund shall be established by the city 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 city for the cost of engineering and administrative services to design and construct and acquire any necessary rights-of-way for the facilities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

At the discretion of the city council, 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. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Money may be advanced by the city 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 city 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 city 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 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. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the city council 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. No. 2011-04, §§ 1, 2, 1-26-2011)

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 city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)