Article III — FUNDING AND/OR — Porterville Municipal Code

SECTION:

19A-19: Generally

19A-20: When Feasible

19A-21: When Not Feasible

19A-19: GENERALLY:

The city council may review proposed development or redevelopment of property to determine the necessity of storm drain systems. Said review may be requested by any affected property owner, developer, redeveloper or the city engineer. (Ord. 1104, 3-15-1977)

19A-20: WHEN FEASIBLE:

If in the opinion of the city council a storm drainage system is necessary and feasible and the fund and/or the charges to be collected are sufficient to guarantee the construction of the storm drainage system, then the city council may make direction to proceed in accordance with article IV of this chapter. (Ord. 1104, 3-15-1977)

19A-21: WHEN NOT FEASIBLE:

If in the opinion of the city council, construction of a storm drainage system is not feasible because the construction fund and/or the charges to be collected are insufficient to guarantee the construction of the storm drainage system, then the city council may pass a resolution in accordance with one of the following:

A. That the request, development or redevelopment is premature to the basic development or redevelopment of the general area as a whole and that such request, development or redevelopment is denied or held in abeyance.

B. That in the case of development or redevelopment that the developer or redeveloper pay such charges due as set forth in this chapter and detain on site all stormwater runoff from said development or redevelopment by means or methods approved by the city engineer in such a way as to not cause any damage to properties receiving stormwater overflows.

C. That the request, development or redevelopment necessitates a storm drainage system and that the construction thereof is not feasible only because the construction fund and/or the charges to be collected are deemed insufficient as set forth herein, and therefore

said property owner, developer or redeveloper may pay such charges due as set forth in this chapter and construct or advance the cost of construction of the storm drainage system and that said costs over and above that which can be borne by the construction fund be reimbursed to the said property owner, developer or redeveloper, providing that the source of such reimbursement funds be the charges collected from other users of said storm drainage system and providing that such agreement terminate within twenty (20) years of the date thereof. (Ord. 1754, 6-2-2009)