Reedley Municipal Code Ch. 2 Storm Drainage Systems

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

CONNECTION: The act of installing and/or constructing any improvement with the purpose of allowing stormwater runoff to directly or indirectly enter a storm drainage system from or because of such improvement.

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

DEVELOPER: Any individual, firm, association, corporation, partnership, trust or other legal entity engaged in development.

DEVELOPMENT: The construction or arranging for the construction of buildings, dwellings or any other improvements on property not previously developed that would increase the stormwater runoff. Reference is made to subsection 12-2-5D of this section, for exceptions to this chapter.

PRIVATE OR SINGLE PURPOSE STORM DRAINS: Any storm drainage system not within public streets, alleys, easements or property or which is specifically intended to benefit a specific property and/or development and not the general area as a whole.

REDEVELOPER: Any individual, firm, association, corporation, partnership, trust or other legal entity engaged in redevelopment.

REDEVELOPMENT: The construction or arranging for the construction of buildings or dwellings or additions thereto, or any other improvements on property previously developed that would increase the covered area of the property. Reference is made to subsection 12-2-5D of this chapter, for exceptions to this chapter.

STORM DRAINAGE SYSTEM: Any improvement specifically intended for the conveyance and/or retention of stormwater runoff which is located within public streets, alleys, easements or property and which benefits the general area as a whole.

STORMWATER RUNOFF: All that rainwater arriving at and/or originating on the property being developed or redeveloped which by reason of topography, geology or any other obstruction is not retained and which does not infiltrate into the ground within the confines of the property being developed or redeveloped by means or methods considered to be a "storm drainage system" as herein defined.

SUBDIVIDER: As defined in section 11-1-4 of this code.

SUBDIVISION OR DIVISIONS OF LAND: As defined in section 11-1-4 of this code. (Ord. 652, 2-2-1982)

It shall be unlawful for any person to construct a storm drainage system in a public street, alley, easement or property without first receiving a permit to do so and complying with the provisions of this chapter. (Ord. 652, 2-2-1982)

This chapter is not intended to provide funding for planning, engineering, administration and construction of private or single purpose storm drains which are not within public streets, alleys, easements or property, or which are specifically intended to benefit a specific property and/or development and not the general area as a whole. (Ord. 652, 2-2-1982)

This chapter is intended to provide for planning, engineering, administration and construction of storm drainage systems which will be constructed within public streets, alleys, easements or property and which benefit the general area as a whole, and are required for the health, safety and welfare of the residents of the city.

Storm drainage systems would include all necessary rights of way, property and improvements specifically intended for the conveyance and/or retention of stormwater runoff excluding street improvements, such as curbs and gutters, cross gutters, sidewalks, driveways, "V" gutters and paving; and all other improvements not specifically intended for the conveyance and/or retention of stormwater runoff unless such improvements are damaged or destroyed because of construction of a storm drainage system then it shall be considered that the repair or replacement of such improvements are part of the storm drainage system. (Ord. 652, 2-2-1982)

A. Before development or redevelopment of any property, there shall be paid a storm drainage acreage charge in accordance with the cost per acre as established by resolution of the city council.

B. The property owner's, developer's, or redeveloper's obligation under this chapter shall be for his pro rata share of cost of storm drainage systems as determined by the city engineer and is not limited to the amount of the storm drainage system charge as set forth in this chapter.

C. The charge shall be used to reimburse the city for construction of storm drainage systems, to provide the city with funds for construction of storm drainage systems and to reimburse others who have constructed or advanced the cost of construction of the storm drainage systems. The charge shall be paid to the city prior to development or redevelopment of any property and the issuance of any permits to develop or redevelop such property.

D. The charge shall not apply to property under the following circumstances:

1. Property for which development or redevelopment is being proposed has paid a storm drainage acreage charge to the city since September 15, 1972.

2. The cost of a building addition, remodeling or accessory building construction the building permit valuation for which is less than twenty five thousand dollars ($25,000.00) within a twelve (12) month period and there results an increase of less than fifteen percent (15%) in covered area of the property or an increase of less than three thousand (3,000) square feet in covered area of the property, whichever is less, as a result of the addition or accessory building construction. The increases in covered area referred to in this subsection shall be accumulative over the life of the original improvements as they exist on the date of adoption hereof.

3. The reconstruction of an existing building which has been destroyed by fire or natural disaster, either partially or completely; provided that, based on the covered area generated by the original building before said destruction, such reconstruction results in an increase of less than fifteen percent (15%) in covered area of the property or an increase of less than three thousand (3,000) square feet in covered area of the property, whichever is less.

4. Construction of a swimming pool, patio cover, driveway or driveway approach or construction, modification or enlargement of concrete or asphalt surfaces all incidental to an existing single-family residential use.

5. Construction of awnings, driveways or driveway approaches or construction, modification or enlargement of concrete or asphalt surfaces all incidental to an existing use other than single-family residential which results in an increase of less than fifteen percent (15%) in covered area or an increase less than three thousand (3,000) square feet in covered area of the property, which ever is less. The increases in covered area referred to in this subsection shall be accumulative over the life of the original improvements as they exist on the date of adoption hereof.

E. The charge shall be computed on the gross area of the property being improved, such area being defined as the parcel of land being developed or redeveloped including half of all adjacent dedicated streets and alleys, and all of interior dedicated streets and alleys.

F. The charge shall be levied and payable to prior to issuance of a building permit, approval of conditional use permit or approval of final map, or parcel map, whichever comes first. (Ord. 652, 2-2-1982)

There is hereby established and set up a storm drainage construction fund. All money collected from the storm drainage systems acreage charge shall be placed in said fund and disbursed therefrom to reimburse the city for construction of storm drainage systems, to provide the city with funds for construction of storm drainage systems and to reimburse others who have constructed or advanced the construction of storm drainage systems as provided for in this chapter. All interest earned on monies deposited in the fund shall be retained in the fund. (Ord. 652, 2-2-1982)

The city council may review proposed development of property and the necessity of storm drain systems. Said review may be requested by any affected property owner, developer, redeveloper or the city engineer. (Ord. 652, 2-2-1982)

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. The requested 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 by agreement with the city be reimbursed to said property owner, developer or redeveloper, providing that the source of such reimbursement funds be the charges collected from others benefiting from said storm drainage system and providing that such agreement terminate within twenty (20) years of the date thereof. Said property owner, developer or redeveloper may, at the option of the city, be given credit against his storm drainage acreage charge for the cost of construction of storm drainage systems, said cost to be verified to the satisfaction of the city engineer. (Ord. 652, 2-2-1982)

A. Connection Not To Be Made Until Storm Drainage Systems Acreage Charge Has Been Paid Or Payment Arranged: In no event shall any developer or redeveloper of property benefitted by a storm drainage system or other persons in possession or control of such property be permitted to make connection thereto without first paying or arranging to pay the storm drainage systems acreage charge as provided for in this chapter.

B. Permit Required For Connection: No person shall make connection to a storm drainage system without first obtaining a permit to do so and complying with the provisions of this chapter.

C. Connection To Storm Drainage System To Benefit Property Outside City Boundaries: The city council may, at its sole discretion, elect to make available the city storm drainage systems to benefit property outside the city boundaries, said property so benefitted shall be subject to the storm drainage system acreage charge as provided for in this chapter. (Ord. 652, 2-2-1982)