Chapter 13.32 — STORM DRAIN SYSTEMS

A.

This chapter is intended to provide funding for planning, engineering, administration and construction of storm drain systems which will be constructed within public streets, alleys, easements, or property and which benefit the general area as whole.

B.

Such funding shall be the actual cost of planning, engineering, administration and construction; except that for those projects being planned, engineered, administered and constructed by a subdivider as provided for in this chapter, funding shall be the actual cost of construction plus the actual cost of planning, engineering and administration; except that such funding for planning, engineering and administration shall be limited to a maximum equivalent to fifteen percent of the actual cost of construction.

(Ord. 365 §4(a, b), 1977)

This chapter is not intended to provide funding for planning, engineering, administration and construction of private or single purpose storm drains which are not within public streets, alleys, easements or property, or which are specifically intended to benefit a specific property and/or development and not the general area as a whole.

(Ord. 365 §3, 1977)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.

"Connection" means the act of installing and/or constructing any improvement with the purpose of allowing stormwater runoff to directly or indirectly enter a storm drainage system from or because of such improvement.

B.

"Developer" means any individual, firm, association, corporation, partnership, trust, or other legal entity engaged in development.

C.

"Development" means the construction or arranging for the construction of buildings, dwellings, or any other improvements on property not previously developed that would increase the stormwater runoff.

D.

"Private or single purpose storm drains" means any storm drainage system not within public streets, alleys, easements or property, or which is specifically intended to benefit a specific property and/or development and not the general area as a whole.

E.

"Redeveloper" means any individual, firm, association, corporation, partnership, trust, or other legal entity engaged in redevelopment.

F.

"Redevelopment" means the construction or arranging for the construction of buildings or dwellings or additions thereto, or any other improvement on property previously developed that would increase the stormwater runoff.

G.

"Storm drain system" means any improvement specifically intended for the conveyance and/or retention of stormwater runoff which is located within public streets, alleys, easements, or property and which benefits the general area as a whole.

H.

"Stormwater runoff" means all that rainwater arriving at and/or originating on the property being developed or redeveloped which by reason of topography, geology, or any other obstruction is not retained and which does not infiltrate into the ground within the confines of the property being developed or redeveloped by means or methods considered to be a storm drain system as defined in this chapter.

I.

"Subdivider" means the same as defined in Title 16.

J.

"Subdivision" or "divisions of land" means the same as defined in the City of Exeter Subdivision Ordinance.

(Ord. 365 §1, 1977)

Storm drain systems would include all necessary rights-of-way, property and improvements specifically intended for the conveyance and/or retention of stormwater runoff, excluding street improvements such as curb and gutters, cross gutters, sidewalks, driveways, "V" gutters and paving, and all other improvements not specifically intended for the conveyance and/or retention of stormwater runoff, unless such

improvements are damaged or destroyed because of construction of a storm drain system, and it shall be considered that the repair or replacement of such improvements are part of the storm drain system.

(Ord. 365 §4(c), 1977)

It is unlawful for any person to construct a storm drain system in a public street, alley, easement, or property without first receiving a permit to do so and complying with the provisions of this chapter.

(Ord. 365 §2, 1977)

The city shall adopt a master storm drain plan. The plan shall establish drainage areas which shall be used in establishing the storm drain systems acreage fees. Development or redevelopment in those areas not specified by a district on the master drain plan will not be allowed to develop or redevelop until the city council has had the opportunity to establish an appropriate acreage fee or alternative solution to the drainage problem for each particular project or area.

(Ord. 365 §5, 1977)

A.

Before development or redevelopment of any property, there shall be paid a storm drain systems acreage charge in accordance with the cost per acre (adopted by resolution of the city council) which is established from the master storm drain plan for the city.

B.

The charge shall be used to reimburse the city for construction of storm drain systems, to provide the city with funds for construction of storm drain systems and to reimburse others who have constructed or advanced the cost of construction of storm drain systems. The charge shall be paid to the city prior to the development or redevelopment of any property and the issuance of any permits to develop or redevelop such property. However, the charge shall not apply to redevelopment of any property unless the cost of the redevelopment exceeds fifteen thousand dollars within a twelve-month period.

C.

Property for which development or redevelopment is being proposed, which has already had the charge paid to the city, will not again be subject to the charge.

D.

The charge shall be computed on the gross area of the property being improved, such area being defined as the parcel of land being developed or redeveloped including half of all adjacent dedicated streets and alleys, and all of interior dedicated streets and alleys.

E.

The charge shall be levied and payable prior to issuance of a building permit, approval of conditional use permit or approval of final map, whichever occurs first.

F.

The city council may, by resolution, establish provisions whereby the developer or redeveloper of the subject property may pay the storm drain systems construction charge in installments over a period of time not to exceed three years.

(Ord. 365 §6(a, b), 1977)

There is established and set up a storm drain systems construction fund. All moneys collected from the storm drain systems acreage charge shall be placed in the fund and disbursed therefrom to reimburse the city for construction of storm drain systems, to provide the city with funds for construction of storm drain systems, and to reimburse others who have constructed or advanced the cost of construction of storm drain systems as provided for in this chapter. All interest earned on moneys deposited in the fund shall be retained in the fund.

(Ord. 365 §6(c), 1977)

A.

In no event shall any developer or redeveloper of property benefited by a storm drain system or other persons in possession or control of such property be permitted to make connection thereto without first paying or arranging to pay the storm drain systems acreage charge as provided for in this chapter.

B.

No person shall make connection to a storm drain system without first obtaining a permit to do so and complying with the provisions of this chapter.

C.

The city council may, at its sole discretion, elect to make available the city storm drain systems to benefit property outside the city boundaries, the property so benefitted shall be subject to the storm drain system acreage charge as provided for in this chapter.

(Ord. 365 §9, 1977)

A.

The city council may review proposed development or redevelopment of property to determine the necessity of storm drain systems. The review may be requested by any affected property owner, developer, redeveloper or the city engineer.

B.

If in the opinion of the city council a storm drain system is necessary and feasible and the fund and/or charges to be collected are sufficient to guarantee the construction of the storm drain system, then the city council may make direction to proceed in accordance with Sections 13.32.110 through 13.32.160.

C.

If a storm drain system is not available to a development or redevelopment, the developer or redeveloper shall have the opportunity to pursue one of the following:

That the developer or redeveloper pay all charges due as set forth in this chapter and temporarily detain on site all stormwater runoff from the development or redevelopment by means or methods approved by the city engineer in such a way as to not cause any damage to properties receiving stormwater overflow;

That the developer or redeveloper shall permanently retain all stormwater runoff on site and therefore not be required to pay the storm drain systems acreage fees. Such permanent stormwater retention facilities shall only be installed in those areas approved by the city council;

That if the development or redevelopment necessitates a storm drain system, and that the construction thereof is not feasible only because the construction fund and/or the charges to be collected are deemed insufficient as set forth in this section, and therefore the property owner, developer, or redeveloper may pay such charges due as set forth in this chapter and construct or advance the cost of construction of the storm drain system, and that the costs over and above that which can be borne by the construction fund be reimbursed to the property owner, developer or redeveloper; provided, that the source of such reimbursement funds are the charges collected from other users of the storm drain system; and further provided, that such agreement terminate within twenty years of the date thereof.

(Ord. 365 §7, 1977)

A.

In accordance with the provisions of this chapter, the city council shall cause plans and specifications for the construction of storm drain systems to be prepared by the city, except that for those developments which are subject to the provisions of Title 16, the city council shall have the authority to cause the subdivider to prepare the plans and specifications for the construction thereof.

B.

All such plans and specifications shall be prepared to the satisfaction of the city engineer, and the city engineer's signature thereon shall indicate his approval thereof.

(Ord. 365 §8(a), 1977)

A.

Immediately after approval of the plans and specifications as provided for in Section 13.32.110 of this chapter, the calling for bids shall be authorized in conformance with the provisions of Sections 13.32.110 through 13.32.160.

B.

The city shall call for bids on all plans and specifications, except that the city council shall have the authority to cause the subdivider to call for bids on the plans and specifications which the subdivider prepared as provided for in Section 13.32.110.

C.

All bids received, including those received by the subdivider, shall be submitted to the city council for acceptance or rejection.

D.

Should the city council decide to reject all bids, it shall be the responsibility of the city council to recommend and resolve as to what, if any, further action is to be taken concerning the storm drain system.

E.

Should the city council decide to accept certain bids, and reject all other bids, it shall be the responsibility of the city to issue and administer all contracts for construction of storm drain systems, except that the city council shall have the authority to cause the subdivider to issue and administer contracts for the construction of storm drain systems for which the subdivider had prepared the plans and specifications as provided for in Section 13.32.110.

(Ord. 365 §8(b), 1977)

A.

It shall be the responsibility of the city to inspect the construction of all storm drain systems for compliance with the approval plans and specifications and with all applicable standards, codes and ordinances.

B.

The responsibility for compliance with the approved plans and specifications and with all applicable standards, codes, and ordinances shall be with the contractor for contracts being administered by the city and with the subdivider, for contracts being administered by the subdivider, both as provided for in Section 13.32.110.

(Ord. 365 §8(c), 1977)

A.

Upon certification of the city engineer that portions of the work are completed and upon approval of the city council, money shall be disbursed from the storm drain systems construction fund to pay for or to reimburse others for the cost of the portion of the work completed, except that such total money disbursed shall not exceed ninety percent of the actual value of all the work completed as determined by the city engineer, less all previous progress or partial payments.

B.

Progress or partial payments shall be made directly to the contractor for contracts being administered by the city and directly to the subdivider for contracts being administered by the subdivider, both as provided for in Section 13.32.110 of this chapter.

(Ord. 365 §8(d), 1977)

Upon certification of the city engineer that all of the work comlies with the approved plans and specifications and with all applicable standards, code and ordinances and is completed in its entirety, the city council will accept the work and file a notice of completion.

(Ord. 365 §8(e), 1977)

Upon the expiration of thirty days from the date of the notice of completion, money shall be disbursed from the storm drain systems construction fund to pay for or to reimburse others for the cost of all the work referred to in the notice of completion; the money disbursed shall be the actual value of the work completed, as determined by the city engineer less all previous progress of partial payments.

(Ord. 365 §8(f), 1977)