Lemoore Municipal Code Ch. 4 Storm and Surface Water Drainage Systems

The Council hereby 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 establish and collect drainage fees to defray all or a part of the actual or the estimated cost of constructing planned drainage facilities for the removal of surface and storm waters from drainage areas in order to promote and protect the public safety, peace, comfort, convenience and general welfare and for the accomplishment of the purposes more particularly set forth as follows:

A. To provide for planned drainage facilities within the City required for the removal of surface and storm waters.

B. To provide for an additional method of financing the construction of planned drainage facilities.

C. To provide a reliable source of information regarding the development of planned drainage facilities for present and prospective residents, developers and investors in property.

D. To obviate the menace to public safety arising from inadequate provisions for the removal of storm waters which run off and accumulate as the result of development of property.

E. To promote conditions that will prevent the deterioration of property values in existing developments and encourage new development of desirable residential, commercial and/or industrial properties through the construction of planned drainage facilities.

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

G. To provide for the collection of drainage fees for the construction of planned drainage facilities at the time of the division of land, as authorized by sections 66483 and 66488 of the Subdivision Map Act of the State and the provisions of this Code, or at the time of the development thereof, except as otherwise provided in this Chapter.

The words and phrases listed below whenever used in this Chapter shall have the following definitions:

COVERED AREA: Area of property covered by improvements including but not limited to roofs, walkways, parking lots, parking area, etc.

DEVELOPMENT: Any building, structure or other improvement, or the construction, erection or installation thereof, in, over or upon any parcel of land, or the division of any parcel of land. "Development" shall not include any temporary facility or the construction, erection or installation thereof, which is accomplished in accordance with the terms of any permit issued therefor or pursuant to such other assurance as the Director may require; provided, that such temporary facility may be maintained for only a limited time, not to exceed one year or, if erected or installed for use in the performance of the work of a construction project, until the completion of such work.

DIRECTOR: The City Engineer.

DIVISION: The dividing of any parcel of land into two (2) or more lots or parcels (but not including lot line adjustments), including but not limited to a division as described in Title 9, Chapter 7 of this Code and Chapter 6, Article A of this Title or as provided by State law.

DRAINAGE FEES: The fees established and levied as provided in this Chapter to pay all or any part of the costs of the planned drainage facilities and their appurtenances.

DRAINAGE MASTER PLAN: A plan adopted by the Council for the systematic control and removal of excess surface and storm waters and also relating to flood control and drainage, and delineating therein a plan and map of the drainage area showing generally its boundaries and the location of the planned drainage facilities.

GROSS ACREAGE: The area of a parcel of land, or of a lot or parcel in a proposed division, including those portions of all abutting streets and alleys measured to the center lines thereof or to a line parallel with and thirty feet (30') outside the property line, whichever shall be the lesser; except, that if a parcel abuts more than one street, the portion of the street abutting the shortest side, or one side in the case of a square parcel, shall not be included.

IMPROVEMENT: Without limitation, any addition to or alteration of an existing building or structure, or paving or other improvement which restricts the perviousness of the soil and which requires the issuance of a City building, grading or related permit.

PARCEL OF LAND: Any real property, improved or unimproved, shown on the latest adopted County tax roll as a unit or as contiguous units.

PAVING: The placing of concrete, asphalt, oil or any other means of soil stabilization or consolidation which, as determined by the Director, may materially decrease the permeability of the natural soil.

PLANNED DRAINAGE FACILITIES: The facilities which are required to provide drainage, generally as set forth in the Master Plan. Such facilities may be modified during final design with the approval of the Director; provided, that such modification will not result in the reduction in the degree of protection provided in the area under construction.

PLANNED LOCAL DRAINAGE FACILITIES FUND: A separate fund into which all drainage fees collected shall be deposited and the moneys in which shall be expended solely for the acquisition or construction of planned drainage facilities for which such Fund was established as provided in this Chapter.

ZONING ORDINANCE: The Zoning Ordinance of the Lemoore Municipal Code 1 .

A. Drainage Fees Required: Except as otherwise provided in this Section, a drainage fee shall be paid to the City on each parcel of land prior to the commencement of the work of any development or improvement thereon or upon the issuance of a building permit, whichever is earlier.

In the case of the division of any parcel of land, a local drainage fee shall be paid:

1. Prior to the approval by the Council of the final parcel or subdivision map thereof, such fee shall be paid on the gross acreage of each lot or parcel in any such division, except any portion thereof for which fees have previously been paid.

2. If approved by the Director, drainage facilities or other consideration described in the Drainage Master Plan of equal value to the drainage fees otherwise payable under the provision of this Chapter may be accepted in lieu of the payment of fees.

B. Exemptions from Drainage Fees:

1. Except in conjunction with a division of land, drainage fees shall not be payable on account of any improvement or 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 impair the permeability of the natural surface of the parcel of land; or

b. The replacement or repair of existing concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements within any street or alley.

2. No drainage fee shall be payable on account of any development or improvement consisting solely of additions to, alterations of or reconstruction of any residential building or structure unless the covered area by the cumulation of additions made after the effective date hereof equals or exceeds an increase of twenty percent (20%) of the covered area as it existed on the effective date hereof.

3. No drainage fee shall be payable on account of any development or improvement consisting solely of additions to, alterations of or reconstruction of any existing building or structure, other than residential covered by paragraph 2 hereinabove, unless the additions or alterations are such that, under the applicable provisions of the Building Code 1 , the entire building or structure must be made to conform to the requirements for new buildings or structures or unless the area covered by the cumulation of additions made subsequent to the effective date hereof equals or exceeds an increase of twenty five percent (25%) of the covered area as it existed on the effective date hereof.

C. Deferrals:

1. Payment of the drainage fee on a parcel zoned for industrial development otherwise due under this Chapter may be deferred at the request of the owner; provided the Director determines that planned drainage facilities designed to serve the parcel of land are not immediately available and cannot be made available within a reasonable period of time.

2. Any deferment authorized by the provisions of paragraph 1 of this subsection shall be allowed only if all the owners of the parcel enter into a written agreement which shall provide that:

a. The fee shall be paid to the City at the time an owner is issued a building permit for any construction or improvement on the property.

b. At the time of payment of the deferred fee, the fee shall be reduced by a credit which shall be an amount equal to the actual cash expenditures incurred by the owner for the construction of any temporary drainage facilities required by the Director as part of the initial development to serve the property until such time as planned drainage facilities become available; provided, that the temporary drainage facilities are useful in or will become a part of the permanent Master Plan drainage facilities.

c. The agreement creates a valid lien upon such parcel to the extent of the fee (such lien may be subordinated at the discretion of the Director, and the form and substance of the agreement, procedures, documents, covenants, etc., necessary to place the agreement and lien into effect shall all be determined by the Director, subject to the approval of the City Attorney).

d. The owner of such parcel agrees to pay all court costs and attorney's fees and waives any and all defenses, legal or equitable, if an action at law or foreclosure suit is brought to enforce payment of the fee or recovery of the fee through the lien.

D. Full Payment of Fee: When the drainage fee applicable to any parcel of land shall have been fully paid pursuant to the provisions of this Chapter, or shall have been assessed against it by the levying of an assessment therefor in a special assessment proceeding, no further drainage fees shall be payable with respect to such parcel; provided, however, if after such full payment, the use of such parcel of land shall be changed to a use which, under the then current fee schedule, requires a higher local drainage fee than the use upon the basis of which such payment was previously made, then such parcel of land shall be subject to the 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 fees previously paid.

A. Schedule of Drainage Fees: Concurrently with the adoption of the Drainage Master Plan, an interim plan or any amendment thereto, the Council shall fix, by resolution, a schedule of per gross acre fees calculated to raise the sum of money necessary to pay the estimated costs of the planned drainage facilities as set forth in the Drainage Master Plan. Such schedule shall be conditioned and based on the following findings by the Council:

1. The planned drainage facilities are in conformity with the City General Plan, and Drainage Master Plan;

2. The development or improvement of property within the Master Plan area will require the construction or acquisition of the planned drainage facilities described in the Drainage Master Plan;

3. The fees are fairly apportioned within the drainage area either on the basis of benefits conferred on property proposed for subdivision or on the need for such facilities created by the proposed subdivision and development of other property within such area;

4. Planned drainage facilities, which facilities are in addition to any existing drainage facilities serving such local drainage area at the time of the adoption of the Drainage Master Plan, are necessary to complete the Drainage Master Plan for the City;

5. The fee apportioned to any property proposed for subdivision within such drainage area does 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; and

6. The drainage facilities planned are in addition to existing facilities serving the drainage area at the time of the adoption of the Drainage Master Plan for the area.

B. Computation of Drainage Fee; Credits:

1. In the computation of the drainage fee payable because of the division, development or improvement of any parcel of land, a credit for drainage fees or other charges for drainage previously paid, or drainage facilities installed with respect to such parcel shall be allowed, but only as set forth in this Chapter. Credits for actual cash expenditures for the construction of drainage facilities constructed and still in existence and use in any street, alley or public easement and not constructed by special assessment proceedings shall be allowed, subject to the following conditions and limitations:

a. The facilities considered for such credits shall have been constructed in conformance with the standards of the City in effect when such facilities were constructed;

b. The Director shall certify that such facilities are in conformity with, or compatible for use in connection with, the planned drainage facilities installed or to be installed in the drainage area pursuant to the Drainage Master Plan;

c. The credit allowed shall not exceed the depreciated value of such facilities as determined by the Director by applying estimates of construction costs prevailing at the time the credit is allowed (i.e., replacement cost new less depreciation);

d. The facilities shall have been constructed and paid for with respect to the parcel of land for which credit is claimed. If the facilities were constructed for the benefit of other parcels of land in addition to the parcel for which credit is claimed, the Council may, in the absence of agreement of the owners of the respective parcels as to the apportionment of the cost, estimate the total cost of such facilities at the time of construction and apportion the total credit allowable for such facilities among the several parcels by such method as it shall, in its sole discretion, deem equitable. Proof to the satisfaction of the Council shall be made by the person claiming credit hereunder of the amount of any actual cash expenditure on the facilities for which credit is claimed.

2. Credits for assessments previously levied for planned drainage facilities by any statutory special assessment proceedings shall be allowed subject to the following conditions and limitations:

a. Such facilities shall have been constructed in conformance with the standards of the City in effect when such facilities were constructed.

b. The credit allowed shall not exceed the depreciated value of such facilities as determined by the Director by applying estimates of construction costs prevailing at the time the credit is allowed (i.e., replacement cost new less depreciation). If one assessment was levied for drainage facilities and other improvements in the same proceeding, the Director shall determine from the engineer's report in the assessment proceedings, if available, otherwise on cost estimates applied by the Director, the proportion of the assessment attributable to such facilities and the amount so determined by him shall be the credit allowed.

c. The Director shall certify that such facilities are in conformity with, or compatible for use in connection with, the planned drainage facilities installed or to be installed in the drainage area pursuant to the Drainage Master Plan.

d. The facilities shall have been constructed and paid for with respect to the parcel of land for which credit is claimed. If the facilities were constructed for the benefit of other parcels of land in addition to the parcel for which credit is claimed, the Council may, in the absence of agreement of the owners of the respective parcels as to the apportionment of the cost, estimate the total cost of such facilities at the time of construction and apportion the total credit allowable for such facilities among the several parcels by such method as it shall, in its sole discretion, deem equitable. Proof to the satisfaction of the Council shall be made by the person claiming credit hereunder of the amount of any actual cash expenditure on the facilities for which credit is claimed.

3. If a drainage fee was paid on all or a portion of the parcel of land under the provisions of subsection 8-4-3B2 of this Chapter which is a part of a division of land, and an additional drainage fee is payable under any provision of this Chapter, a credit shall be allowed equal to the amount included in the fee paid under the provisions of this Section for the gross acreage of such parcel or portion.

Fees collected pursuant to this Chapter shall be deposited in the Planned Local Drainage Facilities Fund. The Council may appropriate monies from the Fund for the construction or reimbursement of construction of the planned drainage facilities or to reimburse the General Fund or other City funds or to pay debt incurred for the costs of engineering and administrative services incident to the creation of the Master Plan and the design and construction of planned drainage facilities.

No person shall construct, erect or install, or cause or permit to be constructed, erected or installed, any development or make any improvement on any parcel of land on which the drainage fee required by the provisions of this Chapter has not been fully paid. Violation of this Section is hereby declared to be a misdemeanor and shall be punishable as provided in Section 1-4-1 of this Code.

No building permit or other permit for any development shall be issued pursuant to the provisions of this Title unless the drainage fee required by this Chapter has been fully paid.

Any decision or determination of the Director under this Chapter may be appealed to the Planning Commission. The decision of the Planning Commission shall be final. (Ord. 8609, 8-19-86)