Fontana Municipal Code Art. VI Storm Drainage Benefit Area Fees

Footnotes:

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Editor's note— See note at Art. V.

Cross reference— Finance and taxation, ch. 10; area flood control fees, § 12-71 et seq.

The intent of this article is to require the payment of master storm drainage benefit area fees for any development approvals concerning property which currently drains into, or which will drain or derive protection from, the drainage control facilities contained in benefit areas within the master storm drainage plan. The established master storm drainage benefit area fees shall be paid to the city as provided for in article V of chapter 21 of this Code. The master storm drainage benefit area fees are for the purposes of defraying the actual or estimated costs of constructing planned drainage facilities. The authority for this article is derived from the power granted to local governments by the constitution of the state to preserve the public health, safety and general welfare. The provisions of this article shall be applied only to property which currently drains into, or which will drain into, or derive protection from, the drainage facilities described in the master storm drainage plan adopted by the city council. This article shall be applicable to subdivisions and other applications for land use or permit approvals.

(Code 1968, § 28-54; Ord. No. 1062, § 1(28-54), 10-6-92; Ord. No. 1237, § 8, 2-3-98)

(a) The city council in adopting a master storm drainage plan shall find and determine that development or redevelopment of the property in the vicinity of the plan area will require the construction of the facilities described in the master storm drainage plan and that the master storm drainage benefit area fees are fairly apportioned among the property that will utilize the master storm drainage plan facilities.

(b) The master storm drainage benefit area fees shall be fairly apportioned based on one or more of the following:

(1) On the basis of benefits conferred on property proposed to be developed or redeveloped;

(2) On the need for storm drainage facilities created by such development and the development of other property in the storm drainage area; and

(3) On the basis of the proportionate stormwater runoff from each parcel. The amount of these master storm drainage benefit area fees, as to any property within the area covered by that portion of the master storm drainage plan, shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area, which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.

(c) The city council shall adopt or amend the master storm drainage plan and master storm drainage benefit area fees by separate uncodified ordinance. The uncodified ordinance shall do all of the following:

(1) Identify the purpose of the master storm drainage benefit area fee.

(2) Identify the use to which the master storm drainage benefit area fee is to be put. If the use is financing public facilities, then the facilities shall be identified. The facilities may be identified by reference to any public document which identified the facilities for which the master storm drainage benefit area fee is charged.

(3) Contain a finding that there is a reasonable relationship between the use of the master storm drainage benefit area fee and the type of development project on which the fee is imposed.

(4) Contain a finding that there is a reasonable relationship between the need for the public facilities in the master storm drainage plan and the type of development project on which the master storm drainage benefit area fee is imposed.

(5) Contain a finding that there is a reasonable relationship between the amount of the master storm drainage benefit area fees and the cost of the drainage facilities, or portion thereof, attributable to the development or parcel on which the master storm drainage benefit area fee is imposed.

(d) The master storm drainage plan and the master storm drainage benefit area fees may be adopted by the city council, and thereafter amended at any time, only after holding a public hearing. The requirements of Government Code § 66016 shall be followed prior to holding a public hearing establishing or modifying a master storm drainage benefit area fee for the master storm drainage plan.

(Code 1968, § 28-55; Ord. No. 1062, § 1(28-55), 10-6-92)

(a) Except as otherwise provided in section 26-256 or 28-260(e), whenever any development approvals, as defined in section 26-256, are requested for property which currently drains into, or which will drain into or derive protection from, the facilities contained within a master storm drainage benefit area, the specified master storm drainage benefit area fee shall be deposited into the appropriate master storm drainage benefit area facilities fund or account. With respect to a totally residential parcel map, the fee shall be deposited at the time of issuance of each building permit within the parcel map in an amount for each building permit equal to the prorated portion of the fee for the entire parcel map based upon the percentage of the net developable area of the lot for which the permit is obtained. Any interest or income earned by the money in the fund shall also be deposited in the fund. The amount of the master storm drainage benefit area fee shall be specified within the schedule of fees for each master storm drainage benefit area. The established master storm drainage benefit area fees shall be paid to the city as provided for in article V of chapter 21 of this Code.

(b) Master storm drainage benefit area fees required by this article, shall be paid to the city and deposited into a master storm drainage benefit area facilities fund or account. A separate fund or account shall be established for each master storm drainage benefit area in a manner to avoid any commingling of the master storm drainage benefit area fees with other revenues and funds, except for temporary investments.

(c) Monies in the master storm drainage benefit area funds or accounts may be commingled with monies in other funds for temporary cash management and temporary interest earnings purposes, but each master storm drainage benefit area fund shall be credited with its pro rata share of all interest earnings based on the fund's average balance.

(d) Temporary loans between master storm drainage benefit area funds or accounts and other funds may only be made pursuant to authorization of the city council and shall be for a specific time period. During such time that monies are on loan from any fund, interest shall be paid annually to the fund. The interest rate during this loan period shall be at least the average rate for the city's interest bearing deposits during the loan duration.

(e) Monies in each master storm drainage benefit area facilities fund shall be expended solely for the construction of drainage facilities within the master storm drainage benefit area from which the fees comprising the fund were collected, including, without limitation, the right-of-way acquisitions, related current administrative expenses such as engineering, design, construction, and other services necessary to design, establish and construct facilities within the master storm drainage plan benefit area, and the reimbursement of such costs necessary to adopt the master storm drainage plan and master storm drainage benefit area fees.

(f) Within 60 days of the close of each fiscal year, the city shall make available to the public the following information concerning each master storm drainage benefit area facilities fund or account:

(1) The beginning and ending balance of each master storm drainage benefit area facilities fund or account for the fiscal year;

(2) The master storm drainage benefit area fees, interest, and other income paid to each fund or account;

(3) The amount of expenditures from each fund or account; and

(4) The amount of refunds made during the fiscal year from each fund or account.

The city council shall review the information at a regularly scheduled city council meeting held within 15 days or less after the availability of the information.

(Code 1968, § 28-56; Ord. No. 1062, § 1(28-56), 10-6-92; Ord. No. 1237, § 9, 2-3-98)

(a) Master storm drainage benefit area fees shall be assessed whenever any development approvals, as defined in section 26-256, are requested, in connection with a parcel, and shall be based on that parcel's net developable acres. As used in this article, the term "net developable acres" includes slopes of any grade and other rough terrain and is otherwise defined in the same way that the term "net acres" is defined in the city's general plan. (See 3.0 Land Use Element, pages 22 and 23) and in this chapter. It means the portion, including slopes of any grade and other rough terrain, of a particular property as further described in this article, and does not include street rights-of-way, public or private; easements, upon which development may not take place; and public open areas.

(1) Fees assessed at the time of the issuance of a building permit, grading permit or other city approval related to new construction shall be based upon the net developable area of the parcel, provided the parcel has net developable area of less than one acre.

(2) Fees assessed at the time of the issuance of a building permit, grading permit or other city approval related to new construction on a parcel which has a net developable area of one acre or more shall be based on the area of the developed portion of the parcel or one acre, whichever is greater. As used in this section, the phrase "area of the developed portion of the parcel" means the sum of the following two areas:

a. The area of that portion of the parcel lying within a single rectangle which encloses all improvements, landscaped areas, storage areas and parking areas; and

b. The area of that portion of the parcel lying within a single rectangle which encloses all improvements related to the required access for the parcel. This second rectangle shall not include any area contained in the rectangle described in subsection (a)(1) of this section.

(b) The amount of master storm drainage benefit area fees assessed, and the area on which the fee is based, shall be calculated by the city engineer. The city engineer may require an applicant to submit all information necessary to calculate the fees.

(c) As used in this article, construction includes, without limitation, the issuance of any permit for the utility connections for a factory building, modular home, mobile home or trailer.

(Code 1968, § 28-57; Ord. No. 1062, § 1(28-57), 10-6-92)

Pursuant to article VI of chapter 21 of this Code, the city may allow partial or complete satisfaction of all fees required by this section through execution of an agreement requiring the construction of public improvements and/or dedications of property.

(Ord. No. 1236, § 8, 2-3-98)

(a) Subdivisions. Whenever the construction of a storm drainage facility contained in the master storm drainage plan is necessary for the proper drainage of a subdivision, including a parcel map, it shall be the responsibility of the subdivider to construct such facility, unless instructed otherwise by the city, with credit being given by the city in lieu of payment of an equal amount of master storm drainage benefit area fees owed as determined by the city engineer. If the costs of constructing the master storm drainage plan facility, which is necessitated by the development, exceeds the need for the public facility attributable to and reasonably related to the development, the city council may, in its discretion, enter into an oversize agreement pursuant to subsection (b) of this section.

(b) Oversize agreement. The city council may, in its sole discretion, designate that master storm drainage benefit area fees collected with respect to development approvals, as defined in section 26-256, in the area subject to the master storm drainage plan, be utilized for reimbursement for any oversize agreement entered into pursuant to subsection (a) of this section. Other than the amount so designated by the city, master storm drainage plan facilities fund monies shall not be used as reimbursement for any agreements authorized by subsection (a) of this section. Reimbursement shall be made only after master storm drainage benefit area fees have been collected in connection with a development approval from property in the area encompassed by the reimbursement boundaries. The basis for the reimbursement shall be the actual cost of such facilities at the time of construction. The term of such agreement shall not exceed ten years from the date of acceptance. Any existing executed oversize or reimbursement agreements shall be performed in accordance with their terms, and shall not be affected by these restrictions.

(c) Credits. An agreement may be entered into between a developer and the city whereby other consideration may be given to and accepted by the city in lieu of part or all of the payment of master storm drainage benefit area fees, including, but not limited to, costs paid by a developer as approved by the city council for items including, but not limited to, actual construction or design work by a civil engineer for area storm drainage improvements. Prior to approving such an agreement, the city council shall find that the alternative consideration is acceptable and is equal to or greater in value than the required master storm drainage benefit area fees. If a storm drainage acreage fee for a parcel or portion thereof has been previously paid pursuant to this chapter, credit shall be given for such prior payment toward any master storm drainage benefit area fee payment required by this article.

(d) Advances. The city may advance money from its general fund to pay the costs of constructing facilities within a master storm drainage benefit area, and the master storm drainage benefit area facility fund or account may reimburse the general fund for such advances from the master storm drainage benefit fund or account for the master storm drainage benefit area in which the drainage facilities were constructed.

(e) Exceptions.

(1) Master storm drainage benefit area fees shall not be required for:

a. Parcels upon which there are existing structures built prior to the effective date of the ordinance codified in this article, provided that master storm drainage benefit area fees shall be paid whenever such property is the subject of any new application for a development approval, as defined in section 26-256, which does not fall within another exception under this article; and provided further that credit shall be given against payment of such fees for master storm drainage benefit area fees previously paid with respect to that lot.

b. Property subject to other assessments for the same storm drainage facilities.

(2) With respect to lots for which no master storm drainage benefit area fees have previously been paid, master storm drainage benefit area fees shall not be required for:

a. Minor alterations and repairs to other than an existing single-family residence having a cost less than 25 percent of the value of the existing improvement being altered or repaired as determined by the city engineer.

b. Reconstruction in the event of a disaster.

c. An addition, minor alterations or repairs to an existing single-family residence.

d. Construction of garages, carports, storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, television microwave towers, amateur radio devices or earth stations, and the like.

(3) With respect to lots for which master storm drainage benefit areas fees have been previously paid, master storm drainage benefit areas fees shall not be required for:

a. Minor alterations and repairs to other than an existing single-family residence having a cost less than 50 percent of the value of the existing improvement being altered or repaired as determined by the city engineer.

b. Reconstruction in the event of a disaster.

c. An addition, minor alterations or repairs to an existing single-family residence.

d. Construction of garages, carports, storage buildings, patio covers, swimming pools, spas, boundary or decorative fences, television microwave towers, amateur radio devices or earth stations, and the like.

(Code 1968, § 28-58; Ord. No. 1062, § 1(28-58), 10-6-92; Ord. No. 1236, § 8, 2-3-98)

(a) After completion of facilities and the payment of all claims from any master storm drainage benefit area facilities fund, the city council shall determine by resolution or other legislative action the amount of the surplus, if any, remaining in any of these funds. Any surplus shall be used, in those amounts as the city council may determine, for one or more of the following purposes:

(1) For transfer to the general fund of the city, provided that the amount of the transfer shall not exceed five percent of the total amount expended from the particular fund, and provided that the funds transferred are used to support the operation and maintenance of those facilities for which the master storm drainage benefit area fees were collected.

(2) For the construction of additional or modified facilities within the same master storm drainage benefit area.

(3) As a refund in the manner provided in subsection (b) of this section.

(b) Any surplus remaining after the city has either expended the amounts authorized in subsection (a)(1) and (2) of this section, or has decided not to make the expenditures, shall be refunded as follows:

(1) Except as provided in subsection (b)(4) of this section, the city shall refund to the then current owners of property for which a master storm drainage benefit area fee was previously collected, on a prorated basis, the unexpended or uncommitted portion of the fees, and any interest accrued thereon, for which need cannot be demonstrated pursuant to section 26-258(c). The city may refund the unexpended or uncommitted revenues by direct payment, by providing a temporary suspension of master storm drainage benefit area fees, or by any other means consistent with the intent of Government Code § 66001. The determination of the city council of the means by which any master storm drainage benefit area fees are to be refunded is a legislative act.

(2) If the administrative costs of refunding the unexpended or uncommitted master storm drainage benefit area fees exceed the amount to be refunded, the city may, after holding a public hearing for which notice has been published pursuant to Government Code § 6061 and posted in three prominent places within the area of the development project, determine that the master storm drainage benefit area fees may be allocated for some other purpose for which development fees are collected.

(c) The city council shall make findings once each fiscal year with respect to any portion of the master storm drainage benefit area fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. Such findings need only be made for money in the city's possession and need not be made with respect to letters of credit, bonds or other instruments taken to secure payment of the fee at a future date.

(Code 1968, § 28-59; Ord. No. 1062, § 1(28-59), 10-6-92; Ord. No. 1236, § 8, 2-3-98)

The master storm drainage benefit area fees established by this article are exclusive of those flood control fees established by chapter 12 of this Code.

(Ord. No. 1062, § 1(28-60), 10-6-92; Ord. No. 1236, § 8, 2-3-98)