Redlands Municipal Code Ch. 3.56 Storm Drain Facilities Fees

It is the purpose and intent of this chapter to implement the Redlands general plan to ensure that storm drain facilities and improvements which satisfy city standards are available concurrent with the need caused by new development within the city. The city council further finds that the completion of a local citywide storm drain system is of benefit to all new development within the city. This chapter shall establish the methods of financing the construction of the required storm drain facilities. (Ord. 2661 § 3, 2007)

Whenever the following terms are used in this chapter, they shall have the meanings established by this section:

No development permit shall be approved for new development unless the city finds that the storm drain facilities proposed within the development satisfy the requirements of the city's master storm drain plan. To ensure consistency with the plan, the city may impose conditions to approval of the development which are necessary to implement the plan. The requirements of this chapter are imposed as a condition of development to ensure implementation of and consistency with the city's general plan and to protect the public health, safety and welfare by ensuring that adequate public facilities and improvements will be installed and available to serve new development prior to, or concurrently with, the need. (Ord. 2661 § 3, 2007)

Storm drain fees shall be collected from applicants for development permits as approved by the City Council. No building permit shall be issued unless the fees approved by the City Council are first paid and the permit is consistent with the city's master storm drain plan. Fees collected as approved by the City Council shall be deposited in a special fund established for the purpose of constructing the storm facilities provided in the city's master storm drain plan. The fees approved by the City Council are in addition to any other means of financing facilities or improvements identified in the city's master storm drain plan which may be imposed on the development of property under the provisions of state law, this code or city policy. (Ord. 2962, 2024: Ord. 2661 § 3, 2007)

The amount of storm drain fees required to be paid by an applicant for a development project shall be reduced by the cost of any storm drain improvements identified in the city's master storm drain plan which are required to be constructed by the applicant as a condition of the city's approval of the development project. The applicant shall be responsible for providing to the city data, satisfactory to the city's public works director, substantiating the applicant's costs for constructing such storm drain improvements. The determination of the fee credit allowed by this section shall be made by the city's public works director. (Ord. 2661 § 3, 2007)

Each developer shall construct such storm drain facilities and improvements within its development as may be required by the city's engineer to provide a complete and workable storm drain system in accordance with the city's master storm drain plan. The city engineer shall determine what storm drain facilities are required to be constructed for each new development within the city. Such determination may be based upon a hydrology report furnished by the developer, the city's master storm drain plans, and such other methods as determined by the city engineer. (Ord. 2661 § 3, 2007)

The storm drain fees approved by the City Council are collected for the construction of storm drain facilities and improvements for which the city has established an account, appropriated funds and adopted a proposed construction schedule or plan prior to final inspection or issuance of a certificate of occupancy for the development project for which the fees are imposed, or the fees are to reimburse the city for expenditures previously made, and shall be determined and become due and payable to the city at the time of issuance of a building permit for the development project. (Ord. 2962, 2024: Ord. 2661 § 3, 2007)

On July 1 of each fiscal year, the city's finance director, in coordination with the city's public works director, shall make annual adjustments to the specific amounts of storm drain fees approved by the City Council by a percentage equal to the percentage change in the construction cost index of the "Engineering News-Record" - twenty (20) cities annual average for the preceding twelve (12) month period. The purpose of this adjustment is to offset the effects of inflation related construction cost increases or any deflation related decreases. If this index should cease publication, the director of finance shall use any appropriate official index published by the bureau of labor statistics, or similar agency as may then exist or may then be most nearly equivalent thereto. Land costs may be evaluated annually and adjusted as necessary based on the current market conditions at the time. (Ord. 2962, 2024: Ord. 2661 § 3, 2007)