San Bernardino Municipal Code Ch. 3.38 Planned Local Drainage Facilities Fund

The need for additional drainage facilities throughout the city has been clearly demonstrated in Comprehensive Storm Drain Plan, Nos. 3, 4, 6 and 7, prepared for Zones 2 and 3 of the County Flood Control District, copies of which are on file in the office of the City Clerk.

(Ord. MC-126, passed 1-7-1982)

The entire city is designated to be single local drainage area, and Comprehensive Storm Drain Plan, Nos. 3, 4, 6 and 7 of the County Flood Control District are adopted as the Drainage Plan for the city.

(Ord. MC-126, passed 1-7-1982)

The Planned Local Drainage Facilities Fund is established. The Planned Local Drainage Facilities Fund is deemed to be the fund provided for in § 66483 of the State Subdivision Map Act, being Cal. Gov’t Code, §§ 66410 et seq. Monies in said fund shall be expended solely for the design and construction of local drainage facilities within the city.

(Ord. MC-126, passed 1-7-1982)

(A) There is imposed a drainage fee on all land development within the city. The amount and payment schedule for said fee shall be established by resolution of the City Council. All drainage fees collected shall be deposited in the Planned Local Drainage Facilities Fund.

(B) Notwithstanding the above, no drainage fee shall be charged for houses being relocated from one site to another site within the city as a result of moving the house from a disaster area where the resolution of the Mayor and City Council declaring the disaster area specifically references this section of the code.

(C) The fee prescribed in division (A) above shall not be charged for the construction of any buildings which replace structures on a site previously developed, except to the extent that the fee for the use established by the new construction exceeds the fee charged for the use of the structures being replaced.

(D) For the construction of new single-family homes, the fees imposed by this section may be deferred at the request of the owner of the property until the release of utilities is issued or 18 months from the issuance of the building permit, whichever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the city to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the city to demand payment in any such escrow and pay an administrative fee set by resolution of the Mayor and City Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the Building Official where necessary for security or maintenance purposes.

(Ord. MC-126, passed 1-7-1982; Ord. MC-155, passed 4-20-1982; Ord. MC-433, passed 2-5-1985; Ord. MC-1044, passed 4-7-1999; Ord. MC-1045, passed 4-20-1999)

All monies in the Planned Local Drainage Facilities Fund not immediately required for construction purposes shall be invested in a manner provided by law in the state and all interest paid for such investment shall accrue to said fund.

(Ord. MC-126, passed 1-7-1982)

[Reserved]

(Repealed by Ord. MC-452, passed 4-15-1985)