Tiburon Municipal Code Ch. 14A Drainage Areas

This chapter is enacted for the purpose of establishing drainage fees to defray the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas.

(Ord. No. 109 N.S., § 1)

The drainage plans and maps and the construction costs and drainage fees referred to in this chapter are adopted for the local drainage areas hereinafter specified. The town council does find that the subdivision, or division of land not defined as a subdivision, and development of property within the planned local drainage areas hereinafter referred to will require construction of the facilities described in the various drainage plans, and the fees set forth herein are fairly apportioned within the local drainage areas, either on the basis of benefits conferred on property proposed for subdivision or other divisions, or on the need for local drainage facilities created by the proposed subdivision or other divisions and development of other property within such local drainage areas.

(Ord. No. 109 N.S., § 1)

(a) Local drainage area designated. A drainage area to be designated as the Belveron Watershed, is created, to consist of all of the territory shown on the local drainage plan and map composed of one or more parts entitled "Town of Tiburon, Belveron Gardens, Report on Preliminary Design of Drainage and Street Improvements," dated April, 1985, prepared by Bala & Strandgaard, Civil and Structural Engineers, such area being designated therein as the "Belveron Watershed," which is on file with the town clerk.

(b) Cost. The estimated total cost of constructing the local drainage facilities required by the plan for the Belveron Watershed is six hundred five thousand one hundred dollars.

(c) Future charges. All future subdivisions, or divisions of land not defined as subdivisions, within the Belveron Watershed shall be charged a drainage fee of two thousand thirty-one dollars per acre. In the case of a subdivision or other division containing five or more lots, such drainage fee shall be paid by the subdivider to the town on or before the approval of the final map of such subdivision; or the payment thereof shall be guaranteed in a manner satisfactory to the town. In the case of a subdivision or other division containing fewer than five lots, such drainage fee shall be paid by the subdivider to the town prior to the recording of the final parcel map; or the payment thereof shall be guaranteed in a manner satisfactory to the town. Prior to the issuance of any building permit for construction on a parcel of undeveloped property which is not part of a subdivision for which a drainage fee has already been paid, there shall be paid to the town a drainage fee of two thousand thirty-one dollars per acre; provided, that for any such parcel containing less than one acre, such drainage fee shall be prorated at a rate of $0.046 per square foot; but in no event shall such fee be less than one thousand sixteen dollars. The drainage charges imposed by this section shall be in addition to all other charges to be made against the subdivision or parcel of property for street improvements or other purposes.

(Ord. No. 316 N.S., § 2)

The drainage fees set forth in section 14A-3 of this chapter may be amended from time to time by resolution of the town council, if it finds that the estimated costs of constructing the local drainage facilities required herein have increased, and if it finds that such increased fees are consistent with the findings set forth in section 14A-2 of this chapter.

(Ord. No. 316 N.S., § 3)

There is created in the town treasury a planned local drainage facilities fund for each local drainage area referred to in this chapter. All drainage fees paid pursuant to the provisions of this chapter shall be paid into the respective funds. The money in each such fund shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected, or to reimburse the town for the cost of engineering and administrative services to form the district and design and construct the facilities.

In the event an assessment district is hereafter formed for the construction and financing of drainage facilities affecting any of the designated drainage areas, the town shall deliver to the applicable district all unexpended money which it may have collected hereunder. Real property assessed by any such district for which money has previously been paid pursuant to the provisions hereof, shall receive full credit against such assessment for all such money paid. In the event any such assessment exceeds the amount of the drainage fee previously paid hereunder, then such real property shall be liable for such excess; and, in the event such assessment is less than the amount of the fee previously paid hereunder, the then legal owner of such real property shall be entitled to a refund of any such overpayment. The refund so paid shall constitute a full discharge of town's obligation to make a refund hereunder.

(Ord. No. 109 N.S., § 1)