Larkspur Municipal Code Ch. 3.28 Regulatory Fee for Clean Stormwater Activities

Sections: 3.28.010 Title. 3.28.020 Purpose and Intent. 3.28.030 Definitions. 3.28.040 Establishment of Fee for Clean Stormwater Activities. 3.28.050 Calculation of Fee. 3.28.060 Clean Stormwater Fund Established. 3.28.070 Collection of Fee – Interest and Penalties.

3.28.080 Delinquent Fees. 3.28.090 Remedies.

This chapter shall be known as the “City of Larkspur Clean Stormwater Activity Fee” and may be so cited. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.010)

The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens of the City of Larkspur by establishing a funding source to provide enforcement of the City’s urban runoff pollution prevention ordinance, to provide maintenance and repair of the City’s stormwater drainage facilities, to provide capital improvements to the City’s storm drainage system, and to provide other clean stormwater activities.

The intent of this chapter is to protect and enhance the water quality of the state’s and the nation’s watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33 U.S.C. § 1251 et seq.). (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.020)

“Clean stormwater activities” includes but is not limited to all programs required by the Marin County Stormwater Pollution Prevention Program and the BURCP Basin Plan Permit, the operation and maintenance of the City’s stormwater drainage system, any capital improvements to repair, rehabilitate, replace, or improve components of the stormwater drainage system, the enforcement of the runoff pollution prevention ordinance (Larkspur Municipal Code Chapter 9.11) and related regulations, the administration of this chapter and of Larkspur Municipal Code Chapter 9.11 , and any other activities related to the foregoing.

“Land use category” means that category of land use assigned to a parcel of real property as shown on the most current official assessment roll of the Marin County Assessor.

“Parcel” means a unit of real property in one ownership as shown on the most current assessment roll of the Marin County Assessor.

“Parcel size” means the area of a unit of real property in one ownership as determined from records maintained by Marin County or the City of Larkspur.

“Runoff factor” means the indicator of stormwater generation of a parcel; it is based upon the average ratio of impervious area to total parcel area for a particular land use category.

“Standard runoff unit (RU)” means the average estimated amount of impervious area of parcels in the single-family residential land use category; it is the product of the average single-family residential parcel size multiplied by the runoff factor for single-family residential parcels:

7,500 sq. ft. × .4 = 3,000 sq. ft.

“Storm drainage system” includes but is not limited to those stormwater drainage conveyance facilities within the City by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 C.F.R. 403.3. Storm drainage system also includes “storm drains” as defined in Larkspur Municipal Code Section 9.11.030. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.030)

Every person, corporation or entity which owns real property within the City of Larkspur shall pay an annual fee to the City of Larkspur for clean stormwater activities. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.040)

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

B. All Other Land Use Categories. The annual clean stormwater activity fee for owners of parcels in all other land use categories shall be calculated using the following formula:

[(parcel size × runoff factor)/(RU)] × [rate per RU]

C. Runoff Factors. The runoff factors for various land use categories shall be those set forth in the following table:

LAND USE CATEGORY RUNOFF FACTOR

Single-Family Residential .4

Multi-Residential .6

Commercial .8

Industrial .8

Vacant Land .1

D. Rate per Runoff Unit. The rate per runoff unit shall be set by the City Council of the City of Larkspur, by resolution; said rate may be adjusted from time to time, in accordance with City’s procedures for adopting rates, fees and charges. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.050)

A Clean Stormwater Fund, or a similar name as designated by the City Treasurer, is hereby established in the City Treasury. All income and revenue collected from real property owners pursuant to this chapter shall be paid into the Clean Stormwater Fund. Said income and revenue shall be expended only for clean stormwater activities, and shall not be expended for any other purpose. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.060)

The City Manager is authorized to have the fees imposed by this chapter collected by the County of Marin in conjunction with the County of Marin’s collection of property tax revenues for the City of Larkspur. In the event that the County of Marin collects the fees imposed by this chapter, the imposition of additional penalties, fees, charges and interest upon property owners who fail to pay the fee imposed by this chapter, or who fail to pay any delinquent amount under this chapter, shall be subject to and governed by the rules, regulations and procedures utilized by the County of Marin in its collection of property taxes, charges and fees for the City of Larkspur, and its collection of this additional fee for the City of Larkspur. Every penalty imposed and such interest as accrues under the provisions of this chapter shall become a part of the fee required by this chapter. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.070)

Delinquent fees are hereby made a lien upon the real property served by the stormwater drainage system. The amount of any fee, penalty, charge or interest imposed under the provisions of this chapter shall be deemed a debt owed to the City of Larkspur. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.080)

The City may seek legal, injunctive, or other equitable relief to enforce this chapter. In any such action the City shall be entitled to reasonable attorneys’ fees and costs. The remedies established in this chapter are cumulative and in addition to any other remedies available to the City for the collection of the fees imposed by this chapter. (Ord. 1030 § 2(3), 2018; Ord. 1005 §§ 1, 8, 2015; Ord. 871 § 1 (part), 1995. Formerly 15.50.090)