Los Gatos Municipal Code Art. VI Storm and Surface Water Drainage Areas

The Town is hereby divided into three (3) local drainage areas, to be known as Local Drainage Areas No. I, No. II, and No. III.

(Code 1968, § 27-82)

The local drainage areas shall contain all territory as shown, and such areas are bounded as is shown, on the map which is by reference made a part thereof, and each of such areas is fixed as shown on the map bearing the name and number of such local drainage area. A copy of each of such maps shall be attached to the original copy of Ordinance No. 939 and be filed in the office of the Clerk of the Council, and a copy of each of such maps shall be kept on file in the office of the Engineering Department of the Town.

(Code 1968, § 27-83)

Development of property within local drainage areas will require construction of the facilities described in the engineering studies and reports adopted by the drainage element of the general plan.

(Code 1968, § 27-84)

The fees established by this article for drainage are fairly apportioned within the local drainage areas on the basis of need for such local drainage facilities created by subdivision or other development of properties within such areas which will increase runoff by coverage of absorption area and by increase of demand for protection from stormwaters, and are fairly proportioned on the basis of benefits conferred on the properties that may hereafter be subdivided or developed within such areas. The fee as to any property within any local drainage area does not exceed the pro rata share of the amount of the total estimated cost of all facilities within the local drainage area which would be assessable on such property if such costs were apportioned uniformly on a per acreage basis. Drainage facilities planned are in addition to existing local drainage facilities serving the areas at the time of the adoption of this article.

(Code 1968, § 27-85)

Fees paid under the requirements of section 24.60.035 shall be placed in a special fund to be known as "Planned Local Drainage Facilities Fund" and shall carry an area designation. A separate fund is hereby established and shall be maintained for each local drainage area and shall be established as an accounting fund upon receipt of the first fees paid for each of such local drainage areas. Money in each fund shall be expended solely for the construction, or reimbursement for construction, of local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected. By special agreement with the Town Council, the Town may accept rights-of-way as other consideration necessary to the completion of the drainage facilities within the local drainage areas in lieu of cash payment of the amount of the fee provided for.

(Code 1968, § 27-86)

(a) The Town Council shall establish by resolution a schedule of fees to be used for the construction of drainage facilities serving new buildings, improvements (including but not limited to paving) or structures to be constructed in Local Drainage Areas No. I, No. II and No. III, which, determined by the Town Engineer, substantially impair the perviousness of the surface of land.

(b) In areas that are subdivided pursuant to the terms of the Subdivision Map Act or local ordinance supplementary thereto:

(1) For new single-family residential lots and the construction of off-site improvements appurtenant thereto located within the Hillside Subdivision Area, as described in Exhibit B of Ordinance No. 715 of the Town, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council. For buildings, structures, and improvements appurtenant to the new lots, the schedule of fees shall be as set forth in subsection (c) of this section.

(2) For new single-family residential lots and the construction of off-site improvements appurtenant thereto located in all other areas, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council. For buildings, structures and improvements appurtenant to the new lots, the schedule of fees shall be as set forth in subsection (c) of this section.

(3) The maximum drainage fee charged for single-family residential lots which are in excess of one (1) acre shall be at the rate prescribed by subsections (b)(1) and (2) above for a single-acre lot. Further division of such lots into additional building sites will require that an additional drainage fee be paid in an amount equivalent to that prescribed by subsections (b)(1) and (2) above.

(4) For multiple-dwelling residential lots and the construction of off-site improvements appurtenant thereto, the fee shall be at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(5) For commercial or industrial lots and the construction of off-site improvements appurtenant thereto, the fee shall be at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(6) Upon filing of a tentative subdivision map or parcel map the applicant shall certify to the number of acres in each lot.

(c) In areas that are not subdivided pursuant to the terms of the Subdivision Map Act or local ordinance supplemental thereto:

(1) For single-family residences, buildings, structures and improvements appurtenant thereto, included within the lot, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(2) For multiple-dwelling units, whether in the form of numerous single living units, duplexes, triplexes, quadruplexes or apartment houses, and buildings, structures or improvements appurtenant thereto, included within the gross site development plan or lot of such dwelling, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(3) For commercial or industrial buildings, hospitals, churches, schools and buildings, structures or improvements appurtenant thereto, included within the gross site development plan or lot, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(4) For all other types of buildings, structures, or improvements including all accessory structures or improvements appurtenant thereto, the fee shall be computed at the rate prescribed in the most current schedule of fees adopted by the Town Council.

(5) Upon application for a building permit, the applicant shall certify to the number of square feet of existing and proposed impervious area in each lot. The fee shall be based on the net increase in impervious area created by the buildings, structures and improvements described in subsections (c)(1), (2), (3) and (4) above.

(Code 1968, § 27-87; Ord. No. 1814, § I, 3-19-90)

No final subdivision map or parcel map, and no building permit shall be issued for the construction of any improvement until the fee provided for by this article has been paid in cash or by other and equal consideration as provided for in this article.

(Code 1968, § 27-88)

The Town Engineer may require that improvements to be installed by a subdivider for the benefit of the subdivision contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. The developer may be compensated for this additional work through any combination of the following:

(1) The Town may enter into an agreement with the subdivider to reimburse the subdivider for the portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision;

(2) The Town may waive the drainage fee to be collected for the project in an amount equal to the cost of the improvements; or

(3) The Town may use drainage fee funds to reimburse the subdivider for the cost of those improvements as provided for in section 24.60.030 above.

(Code 1968, § 27-89; Ord. No. 1814, § II, 3-19-90)

Where the type of structure has not been determined as to any portion of land included with a subdivision at the time of final approval of a subdivision map, the fees shall be as set forth in the schedule adopted pursuant to section 24.60.035 for such portion of land; provided, that upon issuance of a building permit for buildings, structures or improvements to be placed on such portion of land, the fee shall be adjusted upon request of applicant to conform to the applicable section of this article as determined by the type of building for which the permit is issued. Such adjustment shall be on the basis of rates prevailing at the time of issuance of the building permit.

(Code 1968, § 27-90)

No fee shall be collected for any buildings, structures or improvements installed or constructed in substantially the same location and size and for the same use as previously existing buildings when such new buildings, structures or improvements are being constructed or installed as replacements for the previously existing buildings, structures or improvements.

(Code 1968, § 27-91; Ord. No. 1814, § III, 3-19-90)