Fresno County Municipal Code Ch. 17.64 Drainage of Land

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State Law reference— For statutory provisions empowering local authorities to charge fees to defray subdivision drainage construction costs, see Gov. Code § 66483.

The board of supervisors declares and finds that the development of land for urban uses substantially accelerates the concentration of surface and storm waters, and that it is necessary to require the construction of and to establish and collect fees to defray the actual or estimated cost of constructing planned local drainage facilities for the control and safe disposal of surface and storm waters from local drainage areas in order to promote and protect the public welfare, safety, peace, comfort, convenience and the general welfare, and for the accomplishment of the purposes more particularly set forth as follows:

A. To provide for planned local drainage facilities and improvements within the planned local drainage area as required for the control and safe disposal of surface and storm waters;

B. To provide for an alternate method of financing construction of planned local drainage facilities and improvements within local drainage areas;

C. To provide an authentic source of information regarding development of planned local drainage facilities and improvements for present and prospective land owners, residents, developers and investors in property within the various local drainage areas;

D. To obviate the menace to public safety arising from inadequate provision for control and safe disposal of surface and storm waters occurring as the result of development of property within local drainage areas;

E. To prevent deterioration of property values and impairment of conditions making for desirable residential, commercial or industrial development, as the case may be, which would result from the failure to construct planned local drainage facilities and improvements;

F. To prevent deterioration of public streets and other public facilities which would result from failure to construct planned local drainage facilities and improvements;

G. To provide for collection of fees for construction of planned local drainage facilities and improvements within any local drainage area at the time of the development or division of land, as authorized by Section 66483 of the Government Code of California and the provisions of this code, except as herein provided; such fees, however being subject to credits as herein provided for revenues, assessments and other receipts collected with respect to any such parcel or parcels of land for construction of planned local drainage facilities and improvements within any local drainage area;

H. To effect compliance with such storm quality statutes, regulations and standards as may be enacted by local, state or federal authorities;

I. To limit the impact of surface and storm waters on the traversability of public thoroughfares and rights-of-way to facilitate safe vehicular access for public and private purposes including local commerce, property use and provision of emergency services.

(Ord. 98-008, § 1; Ord. 529-A-4, § 1, 1979; prior code, § 790.1)

Unless the particular provision or the context otherwise requires, the definitions contained in this chapter shall govern the construction, meaning and application of the words and phrases defined, and their derivatives and derivatives therefrom wherever applicable, whenever used in this chapter.

A. "Board of directors" means the board of directors of the Fresno metropolitan flood control district.

B. "Board of supervisors" means the board of supervisors of the county of Fresno.

C. "County" means the county of Fresno.

D. "Development" means any building, structure, or other improvement or the construction, erection, installation, addition or alteration thereof, in, over or upon any parcel of land, or the division of any parcel of land. "Development" does not include any temporary building, structure or other improvement, or the construction, erection or installation thereof, which under the terms of any permit issued therefor or the provisions of this code or pursuant to such other assurance as the director may require, may be maintained, not to exceed one year or, if erected or installed for use in the performance of the work of a construction project, until completion of such work. "Other improvement" means any development activity which, as determined by the director, materially alters the natural surface of the land or restricts the imperviousness of the soil and includes without limitation paving (concrete, asphalt, oil or any means of soil stabilization) and landscaping.

E. "Director" means the director of the Fresno county public works and development services department.

F. "District" means the Fresno metropolitan flood control district.

G. "Division" means the dividing of any parcel of land into one or more lots or parcels as described in Chapter 17.04 and Chapter 17.72 of this code; or any parcel of land which has been so divided.

H. "Existing development" means any development, existing within the area of any development or division of land, on the date of the approval of the map or document evidencing the creation of the parcels or issuance of a building permit or other permit for any development.

I. "Gross acreage" means the area of a parcel of land, or the area of a proposed division of land, including those portions designated for streets and alleys and including those portions of all abutting streets and alleys measured to the centerlines thereof, or to a line parallel with and the feet from the property line, whichever shall be the lesser. In the case of single-family residential uses occupying a corner parcel, the portions of the street abutting the shortest side, or one side in the case of a square parcel shall not be included.

J. "Local drainage area" means a particular drainage area for which planned local drainage facilities and improvements for the control and safe disposal of surface and storm waters therefrom, and the total estimated costs of constructing such facilities and improvements, are set forth in a local drainage plan.

K. "Local drainage fees" means fees established and levied as provided in this chapter to pay all or a part of the costs of planned local drainage facilities and improvements and their appurtenances.

L. "Local drainage plan" means a specific drainage plan, adopted by the board of supervisors for the systematic execution of the storm drainage and flood control master plan adopted by the district as referenced in the conservation and public facilities element of the Fresno County general plan relating to flood control and drainage area, which contains an estimate of the total costs of constructing the local drainage facilities and improvements, together with their appurtenances, and a map of each local drainage area showing generally, its boundaries and the location of the planned local drainage facilities and improvements.

M. "Manager" means the person duly employed to act, and acting, as the general manager of the district.

N. "Net acreage" means the area of a parcel of land or area of a proposed division of land, excluding those portions designated for streets and alleys and excluding all abutting streets and alleys.

O. "Parcel of land" means any real property, improved or unimproved, shown on the latest equalized county assessment roll as a parcel and reflected by the assessor's parcel maps prepared by the office of the county assessor.

P. "Planned local drainage facilities and improvements" means drainage facilities, improvements and appurtenances thereto required by the local drainage plan for a local drainage area. The term "facilities and improvements" includes, without limitation, conduits, drainage channels, drainage retention and recharge basins, real property and rights in real property, and improvements and appurtenances incidental thereto, all as may be required for the control and safe disposal of surface and storm waters from a local drainage area.

Q. "Planned local drainage facilities fund" means a separate fund established by the county auditor-controller or district for a local drainage area, into which all local drainage fees collected on property within the local drainage area shall be deposited, and the moneys in which shall be expended solely for acquisition or construction of planned local drainage facilities and improvements within the local drainage area for which such fund was established.

R. "Zoning ordinance" means the zoning division of the Fresno County Ordinance Code.

(Ord. 98-008, § 2; Ord. 529-A-4, § 2, 1979; Ord. 529-A-4, § 1, 1974; prior code, § 790.2—790.2-12)

The director, when determined by the manager to be necessary in conjunction with a development or division located within an area of the local drainage plan, may require the following:

A. The design, construction and dedication of planned local drainage facilities located within or necessitated by such development or division of land; including dedication of easements, rights-of-way, fee interest, or other interests in real property, and construction of all planned local drainage facilities, improvements and appurtenances thereto, inclusive of grading and surface water conveyances.

B. The combination of the payment of a partial drainage fee as required herein and the design, construction and dedication of such planned local drainage facilities and improvements.

C. Measures to effect compliance with the stormwater quality provisions of the Federal Water Pollution Control Act (Clean Water Act), the California Porter-Cologne Act and such other stormwater quality statutes and regulations as may be enacted by local, state or federal authorities. For the purposes of this chapter these measures are not creditable under Section 17.64.060 hereof.

(Ord. 98-008, § 3)

A. Fees—Generally. Except as otherwise provided in this section, a local drainage fee shall be paid on each parcel of land in a local drainage area as follows:

1. Prior to the commencement of the work of any development thereon the applicable fee shall be that most recently established by the board of supervisors prior to the issuance of the development permit.

2. Prior to the recordation of the map or document evidencing the creation of the parcels the applicable fee shall be that most recently established by the board of supervisors prior to recordation of the map or document evidencing the creation of the parcels.

B. In the case of divisions of land which at the time of approval are zoned for industrial uses, or parcels authorized for creation under Chapter 17.72 of this code, the following applies:

1. The minimum local drainage fee payable shall equal the sum of the following:

a. The local drainage fee computed pursuant to Section 17.64.050 of this chapter for all areas within such division dedicated and improved for streets and alleys prior to, concurrently with or as a condition of the recording of the map or document evidencing the creation of the parcels, or issuance of a development permit;

b. The local drainage fees computed pursuant to Section 17.64.050 of this chapter for all areas of existing development;

c. The local drainage fees computed pursuant to Section 17.64.050 of this code shall be paid for all parcels authorized for creation under Chapter 17.72 of this code which are zoned for single-family residential uses and cones a net acreage of forty thousand square feet or less.

2. If planned local drainage facilities or improvements are required within the limits of, or are necessitated by such division or a phase thereof, the minimum local drainage fee payable shall equal the greater of (a) the cost of such facilities or improvements, or (b) the minimum fee determined pursuant to subsection (B)(1) of this section.

3. The balance of the fee obligation otherwise required by the provisions of this code, and not required to be paid pursuant to the preceding provisions of this section may be deferred.

4. Local drainage fees deferred under the provisions of this subparagraph shall be payable in the amounts determined by the provisions of this chapter prior to the development of the lands subject to such deferment.

5. The deferment of local drainage fees pursuant to this section shall not preclude the requirement to dedicate as provided in Section 17.64.025 of this code.

C. Fees—Developed Parcels. In the case of additional development of a partially or fully developed parcel the following shall apply:

1. Except as provided for in subsection (D) of this section, the area of all additions, replacements, reconstructions or the construction of separate structures, or other improvement within a developed or undeveloped area of a fully or partially developed parcel for which a local drainage fee or assessment has not been fully paid shall be deemed a parcel of land for the purposes of this chapter and a local drainage fee is payable thereon when such area equals or exceeds one thousand square feet. When the area of such additions, replacements, reconstruction or other improvement, or the accumulation of such additions or other improvements made after March 15, 1969, equal twenty-five percent or more of the development existing on such parcel as of March 15, 1969, the local drainage fee shall be payable on the area of all such additions, replacements, reconstruction or construction and the area of development existing as of March 15, 1969.

2. When the fee due under this subsection for the previously developed area exceeds the sum of five thousand dollars, and equals or exceeds the fee due on the current development activity, the property owner may request and the district may permit the payment, pursuant to an agreement between the property owner and the district, of the portion of the fee related to the previously developed area in accordance with the provisions of this paragraph. Twenty percent of the local drainage fee for the previously developed area or one hundred dollars, whichever is greater, shall be paid prior to the issuance of any permit for any development thereon and an agreement shall be executed with the district to pay the unpaid balance in four equal annual installments, beginning one year from the date of such agreement.

3. Credits for fees or assessments previously paid shall be granted in accordance with Section 17.64.060(C).

D. Exceptions. Local drainage fees are not payable for the performance of the following items of work:

1. Except in the case of a division, any development work which consists solely of the construction, erection or installation of: (a) fences, pole lines, underground conduits or pipelines, or similar developments which, as determined by the director, do not materially alter the natural surface of a parcel of land; or (b) when not in conjunction with an entitlement permit, concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements within any street or alley;

2. Any development consisting solely of additions or alterations to any single-family residential dwelling or its accessory structures or other additional development except additional permanent dwellings in excess of one thousand square feet on a developed single-family residential parcel;

3. Any reconstruction or replacement of a single-family residence destroyed by fire or because of condemnation, provided, that this exception shall not apply in the event that: (a) the use of the parcel or any portion thereof at the time of reconstruction or replacement is other than single-family residential; (b) reconstruction or replacement does not occur within twelve months; or (c) the ownership of the parcel is changed following the occurrence which requires reconstruction or replacement thereof;

4. The construction of a single-family residential dwelling and accessory structures on land under one ownership having an area of five or more acres, and having no other dwelling located thereon except for temporary occupancy pending such construction, which land is used primarily for an agricultural pursuit consisting of raising tree, vine, field, forage, other plant life and crops of all kinds, or the maintenance, breeding and raising of poultry or animals;

5. The creation of any parcel of land with a gross acreage of five or more acres by a division pursued under Chapter 17.72 of this ordinance code, when such parcel of land is used primarily for agricultural pursuit as defined in subsection (D)(4) of this section.

6. The exceptions provided for in this subsection apply only to the payment of local drainage fees and not to design, construction and dedication of planned local drainage facilities and improvements as may be required.

E. Deferral of Fees on Parcel Maps—Court Orders. In the case of divisions of property pursued under Chapter 17.72 of this code, as to the portion thereof for which the fee has not been deferred under 17.64.030, the fee obligation set forth by the provisions of this chapter may be deferred by the manager where such divisions are required by court order. All owners who desire to defer fees under this paragraph shall enter into an agreement with the district which shall require the payment of the deferred fee at the earliest of the following occurrences:

1. The sale or transfer of any portion of such parcel;

2. The filing of a final map or parcel map on any portion of such parcel;

3. The issuance of an entitlement permit on any portion of such parcel.

Fees deferred under this subsection shall be paid at the rates in effect when the fee becomes due and payable.

F. Installment Payments For Land Developed Outside the District Boundary. A portion of the local drainage fee may be paid in installments when land is developed lying outside the boundaries of the district at the request of the owner subject to the following conditions:

1. Planned local drainage facilities are not presently available to carry or store water generated from the parcel of land to be developed;

2. Twenty percent of the local drainage fee or one hundred dollars whichever is greater is paid to the county prior to the issuance of any permit for any development thereon and an agreement is executed to pay the unpaid balance in five equal annual installments beginning one year from the date of issuance of such permit, except where it earlier becomes payable as hereinafter provided;

3. All owners who desire the installment payment of a local drainage fee as hereinabove provided shall enter into an agreement with the county, which shall provide that such unpaid fee be paid at the earliest of the following occurrences:

a. On the sale or transfer of any portion of such parcel,

b. Ninety days her written notice is mailed to the owner or owners by the director that the construction of planned local drainage facilities designed to serve such parcel is to be commenced within one year of the date of such notice. The notice shall be sent to the owner's address as it appears on the last equalized roll and such fees shall become delinquent if not paid within the ninety-day period;

4. Upon default of such agreement, the unpaid balance of such fees shall immediately become due and payable.

G. Installment Payments for Lands Developed Within District Boundary. The district may permit the payment of drainage fees, pursuant to an agreement between the property owner and the district, and consistent with subsection (H) of this section, when all of the following conditions are met:

1. The amount to be paid in installments shall be limited to the excess of the drainage fee obligation for the development above the cost of any planned local drainage facilities required to be constructed as a condition of the development, such excess amount hereinafter referred to as the "net fee."

2. The drainage fee rate for the development for which the installment payments are requested shall be greater than the rate for the same zone district within the zone 3 drainage fee schedule which is in effect at the time of the request, except in the case of industrial development occurring within a designated redevelopment, enterprise or international trade zone area in which case the conditions of this subparagraph shall not apply.

3. The net fee shall be greater than twenty-five thousand dollars.

4. The installment payment provision of this section may not be used when expenditure by the developer of an amount of less than one hundred fifty percent of the total fee obligation in construction of planned local drainage facilities would provide permanent drainage service to the development.

5. For the drainage area in which the fee obligation is incurred, no debt service obligations of the district, which precludes the deferral of drainage fees through installment payments, such as but not limited to, repayment of loans, developer agreement reimbursement obligations, or bonded obligations, shall exist at the time of execution of the secured agreement providing for the installment payments.

6. The land use entitlement agency within which the development requesting the installment payment of net fees is located shall have in effect an enforcement policy which precludes issuance of additional development entitlement for parcels on which current violations or defaults of these installment payment provisions exist.

The board of directors may upon the request of the board of supervisors and upon a majority vote of the board of directors, grant exceptions to the requirements of subparagraph 2 of this subsection for those projects deemed by the board of supervisors and the board of directors to be of special community benefit.

H. Installment Payments Conditions. Installment payments shall be made in accordance with the following:

1. Payments shall be made in five installments or fewer as requested by the developer. The initial payment shall be made prior to final approval of the development. The remaining payments shall be due and payable and be made at no greater than twelve month intervals beginning from the date of the initial payment.

2. The amount of the installment payments shall be based on all of the following

a. The net fee calculated at the drainage fee rates in effect at the time of: (i) approval of the final subdivision map or document evidencing the creation of the parcels in the case of divisions, or (ii) issuance of a building permit in the case of development where no division is taking place;

b. Interest on the outstanding unpaid balance, computed at the prime rate identified by the Wall Street Journal as the base rate of corporate loans posted by at least seventy-five percent of the nations thirty largest banks, plus one percent. Such interest rate shall be fixed at the rate in effect at the time of execution of an agreement with the district providing for installment payments;

c. An administrative fee of three percent of the total net fee.

3. In the event that the ownership of any or all of the parcel which is the subject of an agreement for installment payments is sold or transferred, any remaining unpaid balance of the net fee pertaining to such parcel shall be due and payable.

The board of directors may suspend the use of installment payments upon a majority vote of the board of directors finding that further use of installment payments would adversely impact the financing of construction of planned local drainage facilities. Such suspension of installment payments shall not effect installment payment agreements executed prior to the suspension.

I. Installment Payment Agreement for Land Developed Outside the District Boundary. Any agreement required by subsection (F) of this section shall constitute a valid lien upon such parcel. (The lien may be subordinated at the discretion of the director) The form and substance of the agreement, procedures, documents or covenants to place the agreement and lien into effect shall be determined by the director subject to the approval of the county counsel. The owner of the parcel shall agree to pay all court costs, attorney fees and interest at the legal rate from date of delinquency and, further, shall waive any and all defenses, legal or equitable other than liquidated monetary setoffs against the county if an action at law or foreclosure suit is instituted to enforce payment of the fee.

J. Installment Payment Agreement for Lands Develop Within the District. Any agreement required by subsections C, E or G of this section shall constitute a valid lien upon such parcel. (The lien may be subordinated at the discretion of the manager.) The form and substance of the agreement, procedures, documents or covenants to place the agreement and lien into effect shall be determined by the manager subject to the approval of the district general counsel. Upon default of such agreement, the unpaid balance of such fees shall immediately become due and payable, and immediate collection may be pursued by the district through any available lawful means including placement of the liened amount on the next annual property tax bill of the subject property. The owner of the parcel shall agree to pay all court costs, attorney fees and interest at the legal rate from date of delinquency and, further, shall waive any and all defenses, legal or equitable other than liquidated monetary set-offs against the district if an action at law or foreclosure suit is instituted to enforce payment of the fee.

(Ord. 98-008, § 4; Ord. 0-83-004, § 1; Ord. 0-81-005, § 1; Ord. 529-A-4, § 3, 1979; Ord. 529-A-4, § 2, 1974; prior code, § 790.3)

It is unlawful for any person to construct, erect or install, or cause to be constructed, erected or installed, any development on any parcel of land, or divide real property or cause real property to be divided on which the local drainage fee required by this chapter has not been paid, and no building permit or other permit for any development shall be issued unless the required local drainage fee has been paid or provision for payment made with the county or district.

(Ord. 98-008, § 5; Ord. 529-A-4, § 4, 1979; prior code, § 790.4)

A. Fee Schedule Findings. Notwithstanding any other provision of this code, the board of supervisors shall establish by resolution the schedule of per gross acre fees for each local drainage area calculated to provide the sum of money necessary to pay the estimated total cost, as set forth in the local drainage plan of the planned local drainage facilities and improvements for such local drainage area. Such schedule shall be conditioned and based on the following findings made by the board of supervisors:

1. The planned local drainage facilities and improvements for each local drainage area are in conformity with the Fresno County general plan, the local drainage plan, and the general drainage plan of the district;

2. The development and division of property within each local drainage area will require construction or acquisition of the planned local drainage facilities and improvements described in the local drainage plan, and the fees are fairly apportioned within each local drainage area either on the basis of benefits conferred on property developed or to be developed or divided or on the need for planned local drainage facilities and improvements created by proposed or existing development of property within the local drainage area;

3. Drainage facilities planned with respect to each local drainage area, which are in addition to any existing local drainage facilities serving such local drainage area at the time of adoption of the local drainage plan, are necessary to complete the planned local drainage facilities and improvements for such local drainage area.

B. Fee Schedule Adopted by the Board of Supervisors. The schedule of fees established by the board of supervisors may be adjusted as of March 1st of each year in accordance with the following criteria:

1. On January 1st of each year, the manager shall review the current National Engineering News Record Construction Cost Index (ENRCCI) for California cities. When such index differs from the index for the preceding January 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current January 1st by that pertaining to the previous January 1st. The individual local drainage fee rates shall be multiplied by such factor to determine the adjusted schedule of fees.

2. The manager shall add to the schedule of fees the local drainage fee rates for new planned local drainage areas established by the board of supervisors concurrently with the amendment of the local drainage plan adding such new planned local drainage areas.

3. If in the determination of the manager the adjustment of the schedule of fees produced by the procedure in subsection (B)(1) of this section is not representative of the actual change in costs of the planned local drainage facilities and improvements, the manager may, in lieu of the procedures set forth in such subsection, compute a new schedule of fees for adoption by the board of supervisors.

4. In the event of the adoption of a new schedule of fees by resolution of the board of supervisors, such new schedule shall become effective immediately upon the adoption thereof by the board of supervisors or as soon thereafter as provided by law.

C. Applicable Fee Rate. The rate per gross acre used to compute the local drainage fee levied and collected pursuant to this chapter shall be that rate set forth in the schedule of fees adopted by the board of supervisors for the local drainage area and the zone district in which the parcel is located.

D. Interim Fee for New Zone. The manager shall calculate and the director shall levy an interim fee for parcels of land for which payment of a fee is required pursuant to this chapter and which are located in a never zone district for which a rate per gross acre has not been adopted by the board of supervisors. The interim fee shall be calculated using the cost distribution formula for the zone district within the subject local drainage area which in the manager's determination is the most similar to the new zone district, but which is not less than the lowest per-acre rate identified in the rate schedule for the subject local drainage area. The board of supervisors shall, as soon as practical thereafter, amend the schedule of per gross acre fees identifying therein the new zone district and the fees per gross acre associated therewith and any deviation from the interim fees which shall have been paid shall be adjusted by a further payment to the county or refund to the owner.

E. Calculation of the Fee. The applicable local drainage fee shall be the product of the gross acreage of the parcel or division of land multiplied by the rate or rates per gross acre applicable to the zone district, the local drainage area and the local drainage area zone within which the parcel or division of land is located as specified within the fee schedule adopted pursuant to this section; provided however, the local drainage fee applicable to any parcel or division which has been included in an assessment proceeding which proceeding includes the levy and subsequent crediting of the local drainage fee obligation pursuant to Section 17.64.060 of this code, and where such assessment includes the incidental costs of such proceedings, such fee and any related credit shall be increased by an amount equal to the proportionate share of the incidental costs of such assessment proceedings assigned to such parcel, as determined by the manager from the records of the subject assessment proceeding.

F. Limiting Fee to Area of Parcel Development. When a development is on only a portion of any parcel of land, the director may designate on the approved plot plan the portion of such real property which is developed or to be developed. The payment of the local drainage fee shall be limited to such designated area subject to the following conditions:

1. Such designated area shall include all areas to be the subject of activity which materially alters the natural surface of the land or restricts the imperviousness of the soil, including landscaping, paving and other means of soil stabilization, and grading and filling.

2. Such designated area shall equal or exceed the minimum area established for the applicable zone district identified in the zoning ordinance. For all parcels within the RR zone district, and for all parcels whose drainage fees are calculated at the RR zone district rate, the minimum area for the purposes of this subsection shall be one net acre.

3. The area of such parcel of land remaining undesignated shall equal or exceed the minimum area established for the applicable zone district identified in the zoning ordinance. For all parcels within the RR zone district, and for all parcels whose drainage fees are calculated at the RR zone district rate, the minimum area for the purposes of this subsection shall be one net acre.

4. In cases where there is existing development on such parcel of land, payment of the local drainage fee shall also be subject to the provisions of Section 17.64.030C of this chapter.

G. Fee Based on Change in Natural Surface of Land. When any development would create a greater or lesser amount of change in the natural surface of the land than would be created by the normal or usual development of land in such zone district, an appropriate fee shall be calculated by using the rate or rates for the zone district within the subject local drainage area which is most similar in character to the proposed development. Payment of such fee or the construction of planned local drainage facilities, or a combination thereof, shall be a condition of any permit which is required for construction or use of such development.

H. Additional Fees Required. When the local drainage fee applicable to any parcel of land has been paid, and the use of such parcel of land is changed to a use which, under the then current fee schedule, requires a higher local drainage fee, or improvements are made to the parcel which would create a greater change in the natural surface of the land than would be created by the normal or usual development of land in the zone district, then such parcel of land shall be subject to payment of an additional fee which shall be the fee applicable to such parcel of land in its changed use under the fee schedule in effect at the time the additional fee is payable, less the total of any credits allowed under Section 17.64.060.

(Ord. 98-008, § 6; Ord. 98-002 § 1; Ord. 0-84-013, § 1; Ord. 529-A-4, § 5, 1979; prior code, § 790.5)

A. In the computation of the local drainage fee payable because of development or division of any parcel of land, a credit shall be allowed for planned local drainage facilities and improvements dedicated or constructed.

1. Such credits are limited to the actual cost of lands dedicated in fee title to the district or the actual cash expenditures for the construction of local drainage facilities or improvements constructed and still in existence and use in any street, alley or public easement and not purchased or constructed by special assessment proceeding.

2. Facilities considered for such credits shall have been constructed in conformance with the standards of the county or the district in effect when such facilities were constructed.

3. The manager shall certify that such facilities are in conformance with, and beneficial for use in connection with the planned local drainage facilities and improvements installed or to be installed in the local drainage area.

4. The credit allowed shall not exceed the cost of such facilities or improvements, as determined by the manager from actual cost records or by applying estimates of construction or real estate costs prevailing at the time such facilities were originally purchased or constructed; provided, that no credit shall be allowed because of public easements or rights-of-way, the dedication of which have been or would be required by the district or county in conjunction with development or divisions.

5. The facilities shall have been dedicated or constructed and paid for with respect to the parcel for which credit is claimed and are located in or will serve the planned local drainage area within which is located the parcel for which credit is claimed.

6. Proof to the satisfaction of the board of directors shall be made, by the person claiming such credit, of the amount of the actual cost or cash expenditures incurred for which credit is claimed.

7. The county or district shall have acquired ownership of the facilities without cost.

8. When the facilities for which credit is claimed benefit more than one parcel of land and only a portion of the total allowable credit is claimed, the district may, in the absence of an agreement among the owners of the subject parcels eligible for such credit, estimate the total cost of the facilities at the time of construction and apportion the total credit allowable for such facilities among the benefiting parcels in a manner that the district, in its sole discretion shall deem equitable.

9. In the event the actual cash expenditures as determined by the manager in subdivision 4 of this subsection exceed the tote local drainage fee payable because of the development or division, district shall contract with the developer or divider to reimburse such excess expenditures. Such reimbursement shall be subject to the following conditions and limitations:

a. Such reimbursement shall be paid to the developer or divider from local drainage fees received pursuant to subsequent development or division of other parcels of land within the local drainage area served by the planned local drainage facilities and improvements for which such reimbursement is due.

b. In those local drainage areas in which more than one reimbursement contract is concurrently in existence, the order of reimbursement shall be based upon the date of receipt by district of the submittal set forth in subparagraph g of this subdivision. Reimbursement shall not be paid pursuant to a later reimbursement contract within a local drainage area until any previous reimbursement contract within such drainage area is fully reimbursed. Reimbursement shall not be paid as to any reimbursement contract until any external debt obligation of the local drainage area, which must be paid from the local drainage fees of the subject local drainage area is paid.

c. The payment of such reimbursements are to be made semiannually, in amounts determined by the manager.

d. Should there not be sufficient subsequent local drainage fees available, or should the facilities required to provide the level of drainage service prescribed by the local drainage plan not be available by a date twenty years from the date of receipt by district of the submittal set forth in subparagraph g of this subdivision, the initial reimbursement period and any remaining obligation of the district to reimburse such excess expenditures shall expire.

e. The total reimbursement to be paid pursuant to this section shall not exceed ninety-five percent of the excess expenditure; the district shall retain five percent from each reimbursement as an administrative records and services charge.

f. Nothing in this section shall preclude the more frequent payment of reimbursements or the partial payment of reimbursements when sufficient funds are determined by the manager to be available and all other conditions of this section have been met.

g. The developer or divider shall submit to district, within ninety days of notice by the district, reproducible as-built plans of said facilities, the project accounting reflecting final costs of the eligible items and any balance due of the final local drainage fee determined pursuant to this chapter. Credits and reimbursement of excess expenditures shall not be granted pursuant to this section if the submissions required by this subdivision are not made.

10. No credit will be allowed for measures required for compliance with stormwater quality regulations pursuant to Section 17.64.025C of this chapter.

11. No credit will be allowed for planned local drainage facilities and improvements constructed by public agencies and funded by grants obtained for the purpose of constructing planned local drainage facilities.

B. Credits for assessments previously levied for planned local drainage facilities and improvements by special assessment proceeding shall be allowed, subject to the following conditions and limitations:

1. Such facilities shall have been constructed in conformance with the standards of the county or the district in effect when such facilities were constructed.

2. The manager shall certify that such facilities are in conformance with and beneficial for use in connection with the planned local facilities and improvements installed or to be installed in the local drainage area.

3. The credit allowed shall be equal to the amount of the assessment and any supplement assessment levied upon the parcel of land, exclusive of incidental expenses except as provided pursuant to Section 17.64.050E of this chapter, which was paid in cash or which became security for a bond or bonds issued in the special assessment proceeding. If one assessment was levied for drainage facilities and other improvements in the same proceeding the manager shall determine, from the engineer's report in the assessment proceeding, if available, otherwise on cost estimates applied by the manager, the proportion of the assessment attributable for such facilities, and the amount so determined by him shall be the credit allowed.

C. If a local drainage fee was paid on all or a portion of the parcel of land pursuant to this chapter, and an additional local drainage fee is payable under any provision of this chapter, a credit shall be allowed equal to the amount previously paid.

(Ord. 98-008, § 7; Ord. 0-84-013, § 2; Ord. 529-A-4, § 6, 1979; prior code, § 790.6)

A. In the case that the amount of any local drainage fee shall be disputed, the county, or district if designated to collect such fees, shall allow such fee to be paid under protest. Such protested fee shall be reviewed by the director and the correct amount thereof determined according to law, and the county shall be reimbursed by the district for any cost of litigation incurred by the county in connection with any such dispute.

B. In the case that the improvements and or dedications imposed as a condition of development or division pursuant to Section 17.64.025 are disputed, the method of appeal shall be as prescribed by the applicable county ordinance provision governing the application to which the condition was imposed.

(Ord. 98-008, § 8; Ord. 529-A-4, § 7, 1979; prior code, § 790.7)

The district is designated as the public agency which shall design, acquire, construct and install, in territory which is within the district, the planned local drainage facilities and improvements specified in the local drainage plan other than street facilities.

(Ord. 98-008, § 9; Ord. 529-A-4, § 8, 1979; prior code, § 790.8)

The county auditor-controller shall transfer to the district, on or before the fifteenth day of each month, all local drainage fees collected and deposited in each planned local drainage facilities fund during the preceding calendar month. Where a local drainage area lies wholly or partially outside the boundaries of the district, the county may expend from the planned local drainage facilities fund for such local drainage area such amounts as the county shall require for the design, acquisition, construction or installation of planned local drainage facilities and improvements within the portion of such local drainage area outside the district in accordance with the local drainage plan. For the purposes of this section, the county auditor-controller may withhold from transfer to the district all or a part of the funds in the planned local drainage facilities fund of any such local drainage area; provided, that upon annexation to the district of the territory comprising any such local drainage area, and after the county has been reimbursed for all such expenditures therein, the county auditor-controller shall transfer to the district, under the same conditions as transfers authorized by this section, all moneys remaining in such planned local drainage facilities fund. The county shall concurrently transfer to the district all facilities purchased or constructed from drainage fees retained by county pursuant to this section.

(Ord. 98-008, § 10; Ord. 529-A-4, § 9, 1979; prior code, § 790.9)

Collection of local drainage fees under the provisions of this chapter shall not be commenced until the county and the district have entered into an agreement for administration and enforcement, which shall include, without limitation, the following provisions:

A. That, in consideration of the levy, collection and transfer to the district by the county of local drainage fees as provided in this chapter, the district accepts designation by the county as the public agency having the duty and responsibility to review all development within district for compliance with the local drainage plan and to design, acquire, construct, install, operate and maintain the planned local drainage facilities and improvements specified in such local drainage plan;

B. That the district shall make all computations of local drainage fees payable for parcels within the district, and shall, at the request of any personnel of the county charged with the administration or enforcement of this chapter, promptly furnish the amount of local drainage fee payable on any parcel of land;

C. That the county, shall submit or shall require the submission to the district of duplicate copies of all subdivision maps, parcel maps, site plans, and other such forms representing development or division proposals submitted to the county for review and approval for which local drainage fee must be calculated or for which requirements or conditions of approval must be determined;

D. That the county shall collect or may designate district to collect the local drainage fees payable under this chapter in the respective amounts as computed by the district and may impose conditions or requirements as recommended by the district;

E. That the district shall establish for each local drainage area a planned local drainage facilities fund into which all funds transferred from the county's fund for such local drainage area shall be deposited, and to expend the funds therein solely for acquisition, construction or reimbursement of its general fund for acquisition or construction, of planned local drainage facilities and improvements within such local drainage area, except that any surplus remaining after final completion of such planned local drainage facilities and improvements may be applied to maintenance of the facilities in reduction of any district assessment for maintenance levied by the district on properties in such local drainage area;

F. That the district shall keep and maintain accurate records on each parcel of land in the district to the extent necessary to permit an expeditious determination of the amount of any local drainage fee paid or payable and the payment of any reimbursements required by Section 17.64.060 of this chapter;

G. That the district, in the event it shall order the construction of planned local drainage facilities and improvements pursuant to special assessment proceedings, shall apply, as a contribution to the amount of the assessment levied therefore upon any parcel of land in the assessment district, the amount of any credit allowed such parcel pursuant to the provisions of this chapter;

H. That the district shall defend and indemnify and hold the county harmless from any dispute, claim or lawsuit arising out of any requirement for the acquisition, dedication, installation or construction of local drainage facilities or the payment of any local drainage fee or calculation of such fee which the county may impose at the request of the district pursuant to the provisions of this chapter as a condition of approval of any development or map or document evidencing the creation of parcels.

(Ord. 98-008, § 11; Ord. 529-A-4, § 10, 1979; Ord. 552, § 1, 1973)

The penalty for violation of any of the provisions of this chapter shall be as prescribed in Section 1.12.010 of the county ordinance code.

(Ord. 98-008, § 12; Ord. 529-A-4, § 11, 1979)