Scotts Valley Municipal Code Ch. 16.39 Storm Drainage Fees

A. Subterranean storm drains shall be designed and installed by a subdivider or developer of land to adequately and safely drain all stormwaters of the subdivision or development, and all surface waters reaching or reasonably calculated to reach the subdivision or development from areas outside of its boundaries and to drain the same to a natural water course. Drainage to a water course shall be either by direct discharge into the same, or by connection with adjacent existing storm drains already discharging into a water course and of a capacity sufficient, in the opinion of the city engineer to adequately and safely carry all of such additional drainage.

B. The storm drain system shall consist of mains not less than twelve inches in diameter, together with such manholes, catch basins, laterals and other structures, and at such grades, as required by the city engineer to conform to good drainage requirements for the area and topography of the subdivision or development to prevent standing of flooding waters within and outside of its boundaries.

C. In addition, the subdivider or developer shall comply with all reasonable conditions, laws and regulations imposed by any national, state, county or local jurisdiction having regulatory responsibility to discharge the waters into a water course.

(Ord. 80 § 1, 1978)

There is established a drainage construction fund for construction of drainage facilities serving new buildings, improvements (including but not limited to paving) or structures to be constructed within the city, which, as determined by the city engineer, substantially impair the perviousness of the surface of land.

(Ord. 80 § 2 (part), 1978)

The subdivider or developer shall pay a storm drainage fee as established by resolution of the city council. If the parcel is in the Butler Lane Improvement District, storm drainage fees shall be deemed paid. If the parcel is in the Mount Hermon Road Storm Drainage District, sixty percent of the storm drainage fees shall be deemed paid under that District.

(Ord. 80.1 § 1.00, 1980: Ord. 80 § 2 (part), 1978)

Payment of fees shall be prior to issuance of a building permit for development of land and prior to the filing of a subdivision map, record of survey map, or parcel map. The applicant for the permit or for filing of the map shall certify to the number of square feet in each lot and/or area of impervious pavement, structure, etc.

(Ord. 80 § 2 (part), 1978)

The maximum obligation of expense in providing drainage facilities incurred by a subdivider or developer of land shall be the cost of installing all drainage facilities for or in connection with the property to be subdivided or developed required by the city engineer, or the amount of the drainage fees whichever is greater.

(Ord. 80 § 3 (part), 1978)

The city engineer, at his discretion, may allow a credit of up to seventy-five percent of the required fees when the required drainage improvements exceeds the amount of the drainage fee as determined by council resolution, and drainage improvements are required by the city engineer to be designed, sized, constructed, or located for the special, as distinguished from incidental, benefit of land other than that being subdivided or developed.

(Ord. 80 § 3 (part), 1978)

When the estimated cost of required drainage facilities exceed the amount of drainage fees as determined by council resolution, and drainage facilities are required by the city engineer to be designed, sized, or located for the special, as distinguished from incidental, benefit of land other than that being subdivided or developed, the city council may, in its discretion and at the request of the applicant, enter into a written agreement with the subdivider of developer providing for reimbursement for a portion of the excess cost of the drainage improvements. The amount of such reimbursement shall be in the agreement, and shall not exceed that portion of the cost of installing the drainage improvements as is attributable to the special benefit for the land other than that being subdivided or developed. The exclusive source of funds for reimbursement shall be, and the city's liability under the agreement is limited to, any drainage fees which may be collected by the city in the future as a result of development of the property specially benefited within such term of years as is prescribed by the agreement. All such agreements shall be executed and effective on or before the approval of the final map in the case of subdivisions, or before the recordation of the parcel map in the case of 10+ divisions, and on or before the issuance of a building permit in the case of developments.

(Ord. 80 § 3 (part), 1978)

A. Any person shall have the right of appeal of any requirement or fee imposed by the city engineer as provided in this chapter to the city administrator. Such appeal shall be in writing and shall be within thirty days of receipt or notification of requirements. Upon receipt of written reply by the city administrator or within thirty days of appeal to the city administrator, the applicant may appeal such decisions or requirements to the city council. The action of the city council shall be final and binding thereafter.

B. The fee for filing an appeal as provided in this section or under the provisions of section 11552 of the Business and Professions Code of the state shall be fixed by council resolution.

(Ord. 80 § 4, 1978)