Humboldt County Municipal Code Art. III Drainage Fees

328.1-13. Establishment of Fees. There are hereby established and imposed on each existing parcel and on each new parcel that lies within the “McKinleyville Drainage Area” (excepting therefrom that area shown as “North Bank Road Drainage”) drainage fees in the amounts specified in Section 328.1-14 of this chapter. (Ord. 1758, § 1, 11/12/1986; Ord. 2092, § 1, 10/10/ 1995) 328.1-14. Amount of Fees. (a) New Parcels. For each new parcel created pursuant to the Subdivision Map Act and local subdivision ordinance there shall be imposed the following fees: (Ord. 1864, § 1, 05/23/89) (1) An initial fee of $250.00 per parcel; and (Ord. 1758, § 1, 11/12/1986) (2) If application is made for a building permit, an additional fee calculated in the same manner as the fee for an existing parcel pursuant to subdivision (b) of this section, less the sum paid pursuant to subdivision (a)(1) of this section. (Ord. 1864, § 1, 5/23/1989) (b) Existing Parcels. For each existing parcel, there shall be imposed the following fees: (Ord. 1864, § 1, 05/23/89) (1) For the construction of any new dwelling (single or multiple unit), the fee shall be $250.00 per dwelling unit, up to a maximum of $2,000.00 per acre. (Ord. 1864, § 1, 5/23/1989)

(2) For the construction of all other new structures subject to the permit requirements of Title 3, Division 3 of this Code, the fee shall be $0.16 per square foot of impervious area created, up to a maximum of $2,000.00 per acre. (Ord. 1864, § 1, 5/23/1989) (3) For additions to existing structures which will result in additional ground coverage in excess of 100 square feet or, in the case of upper-story additions, an additional floor area in excess of 100 square feet, the fee shall be $0.16 per square foot. The total fee or cumulative fees paid pursuant to this paragraph shall not exceed $250.00 per dwelling unit, or $2,000.00 per acre. (Ord. 1864, § 1, 5/23/1989) (c) The fee provided for in subsection (a)(1) of Section 328.1-14 shall be collected at the time and in the manner specified in Section 328.1-16; and the fees provided for in subsections (a)(2) and (b) of Section 328.1-14 shall be collected at the time and in the manner specified in Section 328.1-15. However, in no event shall the total fee or cumulative fees imposed pursuant to this chapter exceed, in the case of dwellings, $250.00 per dwelling unit, and in all other cases, $2,000.00 per acre. For purposes of computing the acreage in a subdivision, the area included in a designated remainder shall be excluded. (Ord. 1864, § 1, 5/23/1989) 328.1-15. Payment of Fees - Construction on New Existing Parcels. The County Building Official shall not issue a building permit for construction on a parcel within the McKinleyville Drainage Area, which results in additional ground coverage in excess of 100 square feet or, in the case of upper- story additions, results in additional floor area in excess of 100 square feet, until the fees set forth in this chapter have been paid. The Building Official may accept cash, or other consideration in the form of actual construction of a part of drainage facilities by the applicant or his principal in lieu of the fee, when authorized to do so by the Director of Public Works. The fee shall not be required if the requested permit is to perform one of the following: (Ord. 1758, § 1, 11/12/86) (1) To replace a structure destroyed or damaged by fire, flood, wind or acts of God. This exception is only to the extent that the resultant structure has the same or less ground floor square footage as the original structure; if the ground floor square footage is increased, the square footage of the additional ground floor area shall be used to determine if the fee is due. (Ord. 1758, § 1, 11/12/1986) (2) To construct a swimming pool, patio, patio cover, or driveway. (3) To construct or modify a single family residence on a parcel greater than five (5) acres in area. (Ord. 1758, § 1/, 11/12/1986; Ord. 1864, § 2, 5/23/1989) (4) To construct or modify any facilities on parcels greater than 20 acres in area, provided less than ten percent (10%) of the parcel is covered by impervious surfaces. (Ord. 1758, § 1, 11/12/1986; Ord. 1864, § 2, 5/23/1989) (5) To construct, enlarge or modify concrete or asphalt concrete surfaces incidental to land uses other than single family residential. This exemption is only to the extent that the increase in impervious area is less than 500 square feet. (Ord. 1758, § 1, 11/12/1986)

328.1-16. Payment of Fees - New Parcels. (a) No parcel map, tentative map, or final map which divides or subdivides property in the McKinleyville drainage area shall be approved unless and until the subdivider complies with the following requirements: (Ord. 1758, § 1, 11/12/86) (1) Pays the fees prescribed by Section 328.1-14(a)(1) of this chapter on or before the date of approval of any such map; or (Ord. 1758, § 1, 11/12/1986; Ord. 1864, § 3, 5/23/1989) (2) Agrees to pay the per parcel fee referral to in the preceding subsection on or before a building permit is issued for construction on said parcel created by any such map, if a fee would be required for construction on an existing parcel under the provisions of Section 328.1-15 of this chapter, and furnishes good and sufficient security to ensure performance of such obligation. For purposes of this subsection, the term “good and sufficient security” means any of the following: (A) A bond or bonds by one or more duly authorized corporate sureties. (Ord. 1758, § 1, 11/12/1986) (B) A deposit, either with the County or a responsible escrow company or trust company, at the option of the County, of money or negotiable bonds of the kind approved for securing deposits of public moneys. (Ord. 1758, § 1, 11/12/1986) (C) An instrument of credit from one or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment. (Ord. 1758, § 1, 11/12/1986) (D) Subject to approval of the Director of Public Works, a lien upon the property to be divided, created by contract between the owner and the County. Any such lien shall be subject to the provisions of Section 326-6.3 of the County Code, except that all references in said section to installation or completion of subdivision improvements shall be deemed to refer to payment of the fees required to be paid pursuant to the provisions of Article III of this chapter. (Ord. 1758, § 1, 11/12/1986) (Ord. 1758, § 1, 11/12/1986; Ord. 1864, § 3, 5/23/1989) (b) The provisions of subsection (a) of Section 328.1-16 shall not apply to a division or subdivision of land which is conveyed to a government agency, public entity, public utility, or abutting property owner, if a new building lot or site is not created as a result of such division or subdivision. (Ord. 1758, § 1, 11/12/1986) (c) The provisions of subsection (a) of Section 328.1-16 shall not apply to a division or subdivision of land which is zoned for single family residential purposes and which results in parcels of land which are all larger than five (5) acres in size. (Ord. 1758, § 1, 11/12/1986)

328.1-17. Master Storm Drainage Plans Required for Subdivisions. With the filing of the improvement plans for the first unit of any subdivision, the subdivider or developer shall submit a master storm drainage plan for the entire area covered by the tentative map. In so doing, the subdivider or developer shall design the system to essentially conform to the McKinleyville Drainage Study plan. The subdivider shall construct and dedicate to the County, the necessary storm water drainage improvements. (Ord. 1758, § 1, 11/12/1986) 328.1-18. Credit for Listed Drainage Facilities. Whenever drainage facilities (either on or off-site) listed as proposed improvements in Chapter VI, Section C, of the McKinleyville Drainage Plan, or facilities determined by the Director of Public Works to be functionally equivalent, are required by the County to be constructed and installed by the subdivider as a part of the subdivision or by a developer of a parcel(s), the cost of construction of such drainage facilities, as contained in the plan, shall be credited against drainage fees chargeable to such subdivision or development project, provided such facilities are owned by the County at the time such fees are payable, or will be owned by the County upon acceptance thereof by the County. (Ord. 1758, § 1, 11/12/86; Ord. 2092, § 2, 10/10/95; Ord. 1864, § 4, 05/23/89) If the credit exceeds the fees owed by the subdivider or developer, the County shall reimburse the subdivider or developer in the following manner: At the beginning of each fiscal year, fifty percent (50%) of the drainage fees deposited during the previous fiscal year shall be allocated to reimburse subdividers or developers. If sufficient funds are available, all subdividers and developers shall be reimbursed in full at the end of the fiscal year, and the remaining funds shall become available for construction projects along with the other fifty (50%) of the drainage fees deposited. If sufficient funds are not available to reimburse all subdividers and developers, then they shall be reimbursed in proportion to the amount owed, except that all amounts less than $1,000 shall be paid in full first. Any deficiency shall be carried over to the next fiscal year. (Ord. 1864, § 3, 5/23/1989; Ord. 2092, § 2, 10/10/1995) 328.1-19. Conflicting Provisions. The provisions of this chapter shall prevail over any other provisions which are in conflict therewith, but only to the extent of such conflict.

Section 1 - § 1-1. § 1-2. Section 2 - § 2-1. § 2-2. Section 3 - § 3-1. § 3-2. § 3-3. § 3-4. Section 4 - § 4-1. § 4-2.

Section 5 - § 5-1. § 5-2. § 5-3. § 5-4. § 5-5. Section 6 - § 6-1. § 6-2. Section 7 - § 7-1. § 7-2. § 7-3. § 7-4. § 7-5. Section 8 - § 8-1.

ESTABLISHING SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS Purpose Interpretation Administration of Roadway Design Administration. Maintainability. Basic Design Policies and Geometric Standards Basic Design Objectives. Design Speed. Other Policies Access Openings. Driveways. Scenic Values in Planning and Design. Erosion and Water Pollution. Design Standards for Roadway Categories Integrating the County Classification System into the Roadway Design Process. Guidelines for Determining Roadway Categories. Figures Streets and Highways Street Arrangement. Circulation Element. Centerlines. Non-Access Strips. Street Center Sections. Street Names and Signs Street Names. Signs. Lots General. Exceptions to Lot Frontage Requirements. Double Frontage Lots. Corner Lots. Preservation of Ecological and Scenic Features. Sewage Disposal and Water Supply Sewer Connections. Water.

§ 8-3. § 8-4. Section 9 - Section 10 - Section 11 - Section 12 - Section 13 - [Repealed by Ord. 1290, § 9, 12/12/1978] Deeded Water Rights. Water Courses Drainage Facilities Flood Hazards Railroads and Grade Crossings Landscaping Purpose. This Appendix establishes policies and standards for roadway design and other subdivision improvements. Also included are desirable design practices.These policies, standards and practices are to be used to guide and inform County employees involved in approving the design of subdivision improvements as well as for the subdivider and/or his engineer. Interpretation. The Director of Public Works shall be responsible for interpreting and enforcing this Appendix. 1. Administration of Roadway Design. 1-1. Administration It is the policy of Humboldt County that the Director of Public Works will be responsible for the administration of policies and standards contained herein. 1-2. Maintainability It is the policy of Humboldt County that roadways will be designed to minimize maintenance costs while providing acceptable levels of service. 2. Basic Design Policies and Geometric Standards. 2-1. Basic Design Objectives It is the policy of Humboldt County that roadway designs will satisfy the following basic criteria: The roadway will be designed to move traffic efficiently and safely at prescribed service levels, consistent with the expected use of the roadway. This means that the design will be based upon:

a. Legal requirements; b. Sound engineering principles and practices and engineering geological evaluation if necessary; c. Traffic safety considerations; d. Economy of design and maintenance; and e. Allowance for the special nature of Humboldt County roads and traffic problems. 2-2. Design Speed It is the policy of Humboldt County that design speeds shall be adequate for mobility, yet generally remain consistent with the needs of the area being served. 3. Other Policies. 3-1. Access Openings All access openings to County roads shall be located and constructed in such a manner as to provide safe visibility and be compatible with the County road. Openings to County arterial roads shall be minimized in number. 3-2. Driveways All construction to connect driveways to County roads shall be authorized by a valid permit. (See Humboldt County Code Title 4, Division 5, Encroachment Permits.) The construction, repair and maintenance of all driveways shall be the responsibility of the property owner, developer or tenant of the abutting property. This responsibility shall include the entire area of driveway from the edge of the existing pavement or traveled way to the property line. 3-3. Scenic Values in Planning and Design It is the policy of Humboldt County that scenic values be considered when planning and designing roadways. As an agreeable and natural road-side appearance is desirable, the destruction of valuable trees and growth should be avoided if suitable alternative locations are available at reasonable cost. 3-4. Erosion and Water Pollution It is the policy of Humboldt County that erosion or water pollution pertaining to or resulting from the construction of highways or roadways is to be held to a practical minimum and shall be temporary in nature. The examples of Best Management Practices found within the appendix to theCounty Grading, Excavation, Erosion and Sediment Control regulations (Section 331-14) may be proposed by applicants or utilized by County staff in the conditioning of any development related application or approval pursuant to the County Subdivision Regulations. (Ord. 2275, § 1, 5/28/2002)

Design Standards for Roadway Categories. 4-1. Integrating the County Classification System into the Roadway Design Process It is the policy of Humboldt County that design will be based upon the following roadway classification, use and level of service factors. The Director of Public Works is responsible for placing roads serving subdivisions into one or more of the following roadway categories: a. ROADWAY CATEGORY #1. (1) Single lane - low speed, less than 20 mph. (2) No parking permitted on traveled way. (3) Maximum length - 1/4 mile. (4) Serves maximum of four (4) parcels having no more than one dwelling unit per parcel. (5) Rural area only. b. ROADWAY CATEGORY #2. (1) Single lane - with intervisible turnouts not to exceed 1/4mile spacing. (2) No parking on traveled way. (3) Serves a maximum of ten (10) parcels having no more than one dwelling unit per parcel. (4) Rural area only. (5) Low speed - 25 mph design. c. ROADWAY CATEGORY #3. (1) Single land - will allow for vehicles to pass each other at slow speeds. (2) No parking on traveled way. (3) Serves a maximum of 20 parcels having no more than one dwelling unit per parcel. (4) Rural situations - low density area. (5) Low speed - 25 mph design. d. ROADWAY CATEGORY #4. (1) Two lane - narrow roadway, low to moderate speed - 25-40 mph.

(2) No parking on traveled way. (3) Serves a maximum of 100 parcels with no more than one dwelling unit per parcel. (4) Urbanization situation. Vicinity is beginning to undergo a transition from rural to urban. e. ROADWAY CATEGORY #5. (1) Full two lane with at least two 4-foot shoulders. (2) No parking on traveled way. (3) Urban or urbanizing area. Vicinity normally will have intermittent high density lots and large lots or acreage. f. ROADWAY CATEGORY #6. (1) Full two lane with at least two 8-foot parking lanes. (2) Provides on-street parking and/or sidewalks as approved byDepartment of Public Works. Topography or design may require deletion of parking on one side as approved by Department of Public Works. (3) Urban area. 4-2. Guidelines for Determining Roadway Categories a. If on-street parking is expected, then a parking lane must be provided. The parking lane need not accommodate more than three (3) vehicles if the lot frontage exceeds 120 feet. If the subdivider does not provide for on-street parking, the topography of the lots must permit normal site development and provide room for the parking of five (5) vehicles. b. Applicant is responsible for all drainage requirements. c. In estimating average daily traffic (ADT), the number of lots served by the road in urban or urbanizing areas shall be multiplied by eight (8). In rural areas, the number of lots served by the road shall be multiplied by five(5). d. Upon satisfactory completion, roads constructed in accordance with standards of Categories 4 through 6 would qualify for inclusion into the County maintained road system. Roads under Category 3 would qualify if surfaced with seal coat or asphalt. Roads under Categories 1, 2 and 3 (if gravel) would be considered on an individual basis. Consideration would be given to building setbacks, area's density, length of road, size of parcels, if it connected to a public maintained road, and public use. e. Nothing herein permits the submittal of subdivision improvement plans which do not reflect sound engineering judgment and practices. The subdivider's engineer shall certify that all subdivision improvement plans represent sound engineering judgment and practices.

f. Dead end roads shall have an adequate turnaround at their termination. g. Design standards herein are not intended to be all inclusive. The Roadway Categories contained in this Appendix are excerpts from the County DesignManual. The County and State Design Manuals should be referred to, when applicable. All work, including water and sewer lines, shall conform to theState Standard Specifications. Figures.

Streets and Highways. 5-1. Street Arrangement

The arrangement of streets in the subdivision shall provide for the coordination of principal streets of adjoining subdivisions, and for the proper projection of principal streets into adjoining properties which are not ye subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water and drainage facilities. When the topographic or other conditions make such continuance impracticable in the opinion of the Advisory Agency, the above requirements maybe modified. 5-2. Circulation Element The streets and highway layout of each subdivision shall be based on sections of the circulation element of the General Plan in all cases where such sections shall have been adopted for the portion of the County within which the subdivision lies. 5-3. Centerlines The centerlines of all highways shall be the continuation of the centerline of existing highways in adjacent and contiguous territory. In cases in which straight continuations are not reasonably possible, such centerlines may be continued by tangential curves. 5-4. Non-Access Strips Reserved strips controlling access to public ways or to property will not be approved unless such strips are necessary for the protection of the public welfare or the orderly development of the area. Reserved strips shall be in the control and disposal of the County and shall be established as a condition by theAdvisory Agency may recommend, and the Board of Supervisors may approve, a requirement that reimbursement of prorated improvements costs be a condition of relinquishing any reserved strips. 5-5. Street Center Sections Streets shall be required to intersect one another at an angle as near to the right angle as is practicable in each specified case, and no intersections of streets at angles less than forty-five degrees (45) shall be approved,unless, in the opinion of the Director of Public Works, no practicable intersections can be developed without intersecting at an angle of less than forty-five (45). Such intersections shall be provided with ample clear vision and turning areas to minimize traffic hazards. 6. Street Names and Signs. 6-1. Street Names Street names shall be assigned by the Planning Department in accordance with Chapter 2 of Division 4 of Title 4 of this Code. 6-2. Signs

Street name signs, stop signs, speed limit signs, warning signs and advisory signs shall be erected by the subdividers, as required by the AdvisoryAgency upon the recommendation of the Department of Public Works. At least one street name sign shall be required for each road. 7. Lots. 7-1. General The size and shape of lots shall be such as is proper for the locality in which the subdivision is situated, and in conformance with the requirements of current zoning regulations and the Humboldt County General Plan. Nothing in the Humboldt County Subdivision Division is intended to inhibit the use of imagination and ingenuity on the part of subdivision designers. It is the policy of Humboldt County to encourage subdivision design which will create pleasant places to live and work and which will reflect credit upon the designer. 7-2. Exceptions to Lot Frontage Requirements a. DIVERGING SIDE LINES. Where the design of a subdivision has lots with diverging side lines, the minimum frontage shall be measured at the building setback line, and shall be no less than required by the Zoning Division. b. FLAG LOTS. At the discretion of the Advisory Agency, lots may be allowed with a twenty foot (20') access frontage. Lots with such a narrow frontage and with a long driveway on the resultant twenty foot (20') strip are known as "flag lots." As a matter of policy: (1) Flag lots shall be permitted only when dictated by the size and the shape of the lane to be subdivided. (2) No more than two (2) adjacent flag lots shall front on any road or street. (3) From (2) above, it follows that three (3) or four (4) lots can front on a street within a very short frontage distance. An example would be a fifty foot (50') frontage lot in front of and adjacent to two (2) flag lots. The result would be three (3) driveway entrances along ninety feet (90') of street frontage. This and similar situations must be avoided. To avoid such situations a joint driveway arrangement shall be provided under which one and only one vehicular access opening is necessary. The fifty foot (50') frontage lot - with the orientation of the garage such that access shall be from the joint driveway -and both flag lots shall use the forty feet (40') of joint driveway width. 7-3. Double Frontage Lots Where double frontage lots are approved, the dedication of non-vehicular access along one of the lot lines, which said line will be defined as the rear lot line, may be required. 7-4. Corner Lots

Corner lots shall be of sufficient size to permit the maintenance of adequate building setback lines on both front and side. 7-5. Preservation of Ecological and Scenic Features To the maximum extent possible, the preservation and enhancement of all native shrubs, trees, flora and other ecological and scenic features shall be considered. 8. Sewage Disposal and Water Supply. 8-1. Sewer Connections In subdivisions within a reasonable distance of a sanitary disposal system,the subdivider may be required to install a complete sewage system connected therewith. In areas where no sanitary sewage disposal system exists of where the subdivision is not within a reasonable distance of such a sanitary sewage disposal system, other methods for disposal of sewage may be approved in accordance with County health regulations. 8-2. Water The subdivider shall provide information as to the source, quality and approximate quantity of water supply and general description of proposed system,and evidence as required by the County Health Department for lots less than sixty (60) acres (one and one-half [1-1/2] quarter sections) in size provided by testwells, geologists, civil engineers, licensed well drillers, or licensed surveyors when the quantity is in a measurable form, that 720 gallons of water per twenty-four (24) hour period can be developed or supplied to each parcel, together with an estimate of the cost of developing water at each site. (Ord. 2275, § 1, 05/28/2002) The quantity of water shall be demonstrated by one of the following methods: a. WELLS. Where water is to be supplied by individual wells, the HealthDepartment may require one or more test wells at locations indicative of the availability of water for the entire subdivision. Existing nearby wells may be substituted upon approval of the Health Department. (1) Pump or Bail Test Method. The water well may be pumped or bailed at any rate until the equivalent of not less than 400 gallons per twenty-four (24) hours have been removed. The total drawdown and recovery is to be reported to the Health Department. b. SPRINGS. Where individual springs are proposed, a developable spring must be located on each lot or waterline easements provided for springs not on each lot and the spring must be demonstrated to produce not less than 400 gallons per twenty-four (24) hours. Because there can be significant difference in the rate of flow between winter and summer, the testing is to be conducted at such time as to reflect dry weather production.

(1) Spring Test Method. Any method can be utilized that demonstrates volumetrically that productivity complies with subsection (a)(1) above. c. RIVERS OR CREEKS. Where individual connections are proposed for each lot, each connection must have an available source not less than 400 gallons per twenty-four (24) hours. Because there can be significant difference in the rate of flow between winter and summer, the testing is to be conducted at such time as to reflect dry weather production. (1) River or Creek Test Method. Any method can be utilized that demonstrates volumetrically that productivity complies with the previous paragraph. 8-3. Repealed by Ord. 1290, § 9, 12/12/1978. 8-4. Deeded Water Rights Deeded water rights and easements shall be acquired prior to approval of the Final or Parcel Map, where applicable, or shown thereon if created by said map. 9. Water Courses. If the subdivision is traversed by any water course, channels, streams or creeks, the subdivider may be required to provide by dedication or otherwise rights-of-way or easements for storm drainage purposes conforming substantially with the lines of such water courses, channels, streams or creeks. Where design permits, the center of said easement shall be substantially the same as the center of the water course and shall serve as the common property line of abutting lots. The subdivider shall provide by dedication or otherwise further and sufficient rights- of-way or easements as shall be required for structures or channel changes or both, to dispose of surface and storm waters. 10. Drainage Facilities. Flood control and drainage facilities affording positive storm water disposal shall be designed and provided by the subdivider. The subdivider shall construct any drainage facilities that may be necessary to protect property within and affected by the subdivision. If, in the opinion of the Director ofPublic Works, it is impracticable to construct drainage facilities at the time of the construction of other subdivision improvements, or the construction of such drainage facilities may be deferred until a date subsequent to the construction of other improvements, the subdivider may, in lieu of constructing such drainage facilities, pay to the County of Humboldt the estimated costs, as determined by the Director of Public Works, of the construction of such drainage facilities. Drainage facilities referred to herein are such drainage facilities as are shown on the current adopted drainage plan for the drainage area in which the subdivision is to be located. Said drainage plan shall contain an estimate of the total cost of constructing the local drainage facilities and a map of the drainage are showing its location and the type and location of proposed drainage facilities.

Flood Hazards. Subdivisions located in areas subject to flood hazard shall be specially designed, engineered and constructed to provide that all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage. 12. Railroads and Grade Crossings. Where railroad crossings are involved, the plan of subdivision will be considered in its relation to the probability of grade separation or other treatment, and shall be required to conform to Public Utilities Commission and railroad requirements in anticipation of such treatment. 13. Landscaping. If the subdivider desires landscaping on public rights-of-way, it shall meet the approval of the Public Works Department. Article I – § 329. § 329-1.

§ 329-3. § 329-4. § 329-5. § 329-6. § 329-7. § 329-8. § 329-9.