Fairfax Municipal Code Ch. 8.48 Regulatory Fee for Clean Storm Water Activities

This chapter shall be known as the “Town of Fairfax Storm Water Activity Fee” and may be so cited.

(Prior Code, § 8.36.010) (Ord. 646, passed - -1996)

(A) The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the town by establishing a funding source to provide enforcement of the town’s Urban Runoff Pollution Prevention Ordinance (Chapter 8.32 of this code), to provide maintenance and repair of the town's stormwater drainage facilities, to provide capital improvements to the town’s storm drainage system and to provide other clean stormwater activities.

(B) The intent of this chapter is to protect and enhance the water quality of the state’s and the nation’s watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act, 33 U.S.C. §§ 1251 et seq.

(Prior Code, § 8.36.020) (Ord. 646, passed - -1996)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CLEAN STORMWATER ACTIVITIES. All programs required by the Marin County Storm Water Pollution Prevention Program and the BURCP Basin Plan Permit, the operation and maintenance of the town’s storm water drainage system, any capital improvements to repair, rehabilitate, replace, or improve components of the storm water drainage system, the enforcement of the Urban Runoff Pollution Prevention Ordinance (Chapter 8.32 of this code) and related regulations, the administration of this chapter and of Chapter 8.32 and any other activities related to the foregoing.

LAND USE CATEGORY. The category of land use assigned to a parcel of real property as shown on the most current official assessment roll of the Marin County Assessor.

PARCEL. A unit of real property in one ownership as shown on the most current assessment roll of the Marin County Assessor.

PARCEL SIZE. The area of a unit of real property in one ownership as determined from records maintained by Marin County or the Town of Fairfax.

RUNOFF FACTOR.

(1) The indicator of storm water generation of a parcel.

(2) It is based upon the average ratio of impervious area to total parcel area for a particular land use category.

STANDARD RUNOFF UNIT or RU. The average estimated amount of impervious area of parcels in the single-family residential land use category, it is the product of the average single-family residential parcel size multiplied by the runoff factor for single-family residential parcels.

Average Parcel Size x .4 = RU

STORM DRAINAGE SYSTEM. Those storm water drainage conveyance facilities within the town by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains, which are not part of a publicly-owned treatment works (POTW), as defined at Title 40 C.F.R. pt. 122.2. STORM DRAINAGE SYSTEM also includes storm drains, as defined in § 8.32.010 of this code.

(Prior Code, § 8.36.030) (Ord. 646, passed - -1996)

Every person, corporation or entity which owns real property within the town shall pay an annual fee to the town for clean storm water activities.

(Prior Code, § 8.36.040) (Ord. 646, passed - -1996)

(A) The annual clean storm water activity fee for owners of parcels in the single-family residential land use category shall be the rate per one standard runoff unit (RU).

(B) The annual clean storm water activity fee for owners of parcels in all other land use categories shall be calculated using the following formula:

{'{'} (parcel size x runoff factor) / (RU) {'}'} x (rate per RU)

(C) The runoff factors for various land use categories shall be those set forth in the following table:

(D) The rate per runoff unit shall be set by the Town Council, by resolution; the rate may be adjusted from time to time, in accordance with town’s procedures for adopting rates, fees and charges.

(Prior Code, § 8.36.050) (Ord. 646, passed - -1996)

The Clean Storm Water Fund is established in the Town Treasury. All income and revenue collected from real property owners pursuant to this chapter shall be paid into the Clean Storm Water Fund. The income and revenue shall be expended only for clean storm water activities, and shall not be expended for any, other purpose.

(Prior Code, § 8.36.060) (Ord. 646, passed - -1996)

(A) The Town Manager is authorized to have the fees imposed by this chapter collected by the County of Marin in conjunction with the County of Marin’s collection of property tax revenues for the town.

(B) In the event that the County of Marin collects the fees imposed by this chapter, the imposition of additional penalties, fees, charges and interest upon property owners who fail to pay the fee imposed by this chapter, shall be subject to and governed by the rules, regulations and procedures utilized by the County of Marin in its collection of property taxes, charges and fees for the town, and its collection of this additional fee for the town.

(C) Every penalty imposed and such interest as accrues under the provisions of this chapter shall become a part of the fee required by this chapter.

(Prior Code, § 8.36.070) (Ord. 646, passed - -1996)

Delinquent fees are made a lien upon the real property served by the storm water drainage system. The amount of any fee, penalty, charge or interest imposed under the provisions of this chapter shall be deemed a debt owed to the town.

(Prior Code, § 8.36.080) (Ord. 646, passed - -1996)

The town may seek legal, injunctive or other equitable relief to enforce this chapter. In any such action the town shall be entitled to reasonable attorneys’ fees and costs. The remedies established in this chapter are cumulative and in addition to any other remedies available to the town for the collection of any fees imposed by this chapter.

(Prior Code, § 8.36.090) (Ord. 646, passed - -1996)