Montclair Municipal Code Art. VI Storm Drain Reimbursement Districts

When the owner of land is required by the City to construct drainage facilities having a greater capacity than would be required to serve such property, the City may enter into a reimbursement agreement with such landowner whereby the difference in the costs of the required facilities, less the costs of the improvement required to serve the owner's land alone, shall be collected from owners of properties within the area which, in the opinion of the City Council, will benefit by such drainage facilities.

(Ord. 99-791 Exh. A (part); prior code § 6-9.701)

When an entity referred to in Section 9.24.140 of this chapter has been required by the City to install off-site storm drain facilities as a condition precedent to the issuance of a building permit, or as a condition precedent to the approval of a tentative or final subdivision map, or for any other reason the City Council deems to be in the public interest; and said entity agrees to construct such facilities at its sole expense in accordance with the requirements of the City; and it is found by the City Council that such facilities will be for the benefit of, or usable by, other properties in the City adjacent to such storm drain, the City Council may, by resolution, approve a reimbursement agreement with said entity whereby the City shall collect from any other person using or connecting with such facilities a charge for making such connection. No such agreement may be entered into unless said entity also agrees thereby to dedicate such storm drain facility to the City for public use.

(Ord. 99-791 Exh. A (part); prior code § 6-9.702)

Upon the execution of a reimbursement agreement, there shall be established a reimbursement district consisting of those properties the City Council finds will be benefited by such facilities. Charges shall be made only to those persons desiring to connect to such storm drain facilities with property lying in whole or in part within such district. A map of the reimbursement district and a schedule of the charges necessary to make connection to such storm drain facilities shall be maintained by the City.

(Ord. 99-791 Exh. A (part); prior code § 6-9.703)

There is created a storm drain reimbursement liability account within the General Fund, and all charges made and received in accordance with reimbursement agreements entered into pursuant to this article shall be deposited in such account.

(Ord. 99-791 Exh. A (part); prior code § 6-9.704)

No disbursement of funds collected as provided in a reimbursement agreement shall be made to the entity after 15 years from the dedication of such facilities to the City for public use.

(Ord. 99-791 Exh. A (part); prior code § 6-9.705)

Nothing in this article shall be construed as requiring the City to enter into any such reimbursement agreement, even though it may have required the installation of off-site storm drain facilities, nor shall the City be liable for any reimbursement of the cost of such facilities except from the proceeds of such charges actually collected by the City.

(Ord. 99-791 Exh. A (part); prior code § 6-9.706)

A. The City shall endeavor to collect such costs as called for in Section 9.24.140 of this chapter and cause the sum so collected to be refunded as provided in subsection B of this section. The City shall not be liable for any failure to make such collection or refund, and such obligation to collect such cost shall terminate 15 years from the date of such reimbursement agreement.

B. All sums so paid by any property owner shall be refunded to the entity who shall have contributed toward the construction of such drainage facilities and who entered into a reimbursement agreement with the City in a proportion that the amount contributed bears to the entire amount contributed, less that portion distributed against the property of the entity.

C. It shall be the obligation of the entity to inquire of the City whether any amounts have been paid to the City by a property owner who did not contribute toward the cost of the construction of the drainage facilities. If any such money remains on deposit with the City without being claimed by the party rightfully entitled to it within one year after it is deposited, such money shall be forfeited to the City; and it shall then be transferred to the General Fund of the City.

D. The City may contribute toward the construction of any such drainage facilities; and if so, it shall be entitled to a refund under the same provisions and method set forth in this section.

(Ord. 99-791 Exh. A (part); prior code § 6-9.707)

A. Within 30 calendar days after the execution of a reimbursement agreement, the City Engineer may prepare plans and specifications for the construction of drainage facilities requested by the owner of land or allow the owner of land to have plans and specifications prepared by a licensed civil engineer of the owner's choosing, subject to approval of the City Engineer. Upon completion of such plans and specifications and written approval of the owner of the land, the City Engineer shall call for sealed bids from at least three qualified contractors, such bids to be opened at a specified time and place in the presence of at least one designated representative of the Public Works Division and the landowner (if the landowner elects to be represented). The City Engineer shall immediately thereafter prepare an estimate of the entire cost of the project, based on the lowest responsible bid price and overhead costs for engineering, inspection, and incidental expenses, and shall serve notice on the owner of land to post a deposit with the City in the full amount of the estimated cost. After the owner of the land has posted the specified amount with the City, all bids shall be submitted to the City Council for award of a contract to the lowest responsible bidder.

B. The construction of all drainage facilities shall be under the general supervision of the City Engineer, who shall monitor the progress of payments and completion of the work.

C. Immediately upon completion of such drainage facilities, the City Engineer shall distribute and assess the reasonable cost of the construction (hereinafter referred to as "cost") against all lots or property which are benefited by the construction in relation to the benefit received. The assessments shall be submitted to the City Council within 20 calendar days after acceptance of the construction by the City Engineer. The City Council shall, within 20 calendar days thereafter, complete its review of such assessments and make any changes it deems necessary to conform to its determination as to benefits received by the assessed properties. The assessments, as determined by the City Engineer and including any changes made by the City Council, shall be final and conclusive at the end of such 20-day period. A map of the district and a schedule of the assessments shall be maintained by the City.

(Ord. 99-791 Exh. A (part); prior code § 6-9.708)