Windsor Municipal Code Art. 2 Drainage Impact Fee

In order to implement the goals and objectives of the Windsor General Plan, and to mitigate the impacts caused by future development in the Town, certain public facilities must be constructed. Such public facilities are described in the most recent updated Windsor Drainage Impact Mitigation Program adopted by the Town Council, which drainage program applies to the particular drainage area described therein. The Town Council has determined that a drainage impact fee is needed in order to finance these public facilities, defray the actual or estimated cost of constructing such planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas, and to pay for each development's fair share of the construction and acquisition costs of these improvements. In establishing the drainage impact fee described in the following sections, the Town Council has found the fee to be consistent with its General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the Town's housing needs as established in the housing element of the General Plan.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

a. A drainage impact fee ("drainage impact fee") is established pursuant to Government Code Section 66000 et seq. ("Mitigation Fee Act") and Government Code Section 66483 (of the Subdivision Map Act) to pay for public drainage facilities.

b. The Town Council shall, after a duly noticed public hearing, set forth the amount of the drainage impact fee and describe the methodology for calculating the fee, including but not limited to the estimated reasonable cost of provide public drainage facilities and the proportional benefit to the persons and properties being charged for public drainage facilities, the inflationary formula for automatically adjusting the amount of the fee, and the timing for payment of the fee.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

(Ord. No. 2019-340, § 1, 12-4-2019)

The revenues raised by payment of the drainage impact fee shall be accounted for in the Town's capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

a. To pay for design, engineering, acquisition, property acquisition, including right-of-way acquisition and construction of the public facilities designated in the Windsor updated Drainage Impact Mitigation Program and Town Council resolution and reasonable costs of outside consultant studies and other administrative services related to construction of the facilities;

b. To reimburse the Town for designated public facilities constructed by the Town with funds (other than gifts or grants) from other sources together with accrued interest;

c. To reimburse developers who have designed and constructed such designated public facilities; and/or

d. To pay for and/or reimburse administrative services to design and construct the facilities, including, without limitation, the costs of program development and ongoing administration of the drainage impact fee program.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

If a developer is required, as a condition of approval of a permit, to construct a public facility that has been designated to be financed with drainage impact fees, a credit against the fee otherwise levied by this article on the development project in an amount not to exceed the cost of such public facilities as estimated by the Town in adopting the fee shall be offered by the Town and, if the fee is less than such amount, the developer shall be entitled to reimbursement. The reimbursement amount shall be from fee revenues only.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))

The Town Council may, by resolution, adopt administrative guidelines to provide procedures for calculation, credit, reimbursement, or deferred payment and other administrative aspects of the drainage impact fee.

(Ord. No. 2000-127 §§ 2 (part), 3 (part))