Chapter 8.7 PLANNED LOCAL DRAINAGE FACILITIES AND IMPROVEMENTS DEVELOPMENT REQUIREMENTS, FINANCING MECHANISMS AND FEES*

* Sections 8.7.0 through 8.7.10, codified from Ordinance No. 461, as amended by Ordinance Nos. 7328, effective August 1, 1973, 7526, effective June 4, 1975 and 9040, effective October 17, 1990, repealed by Ordinance No. 9124, effective July 17, 1991.

8.7.01 Purpose.

The City Council hereby declares and finds that the development of land substantially accelerates the concentration of surface and storm waters and that it is necessary to provide for the construction of and establish and collect fees to defray all or a part of the actual or the estimated cost of constructing planned local drainage facilities for the control and safe disposal of surface and storm waters from local drainage areas in order to promote and protect the public safety, peace, comfort, and convenience and the general welfare, and for the accomplishment of the purposes more particularly set forth as follows:

(a) To provide for planned local drainage facilities and improvements within the City required for the control and safe disposal of surface and storm waters from local drainage areas;

(b) To provide for an alternate method of financing construction of planned local drainage facilities and improvements within local drainage areas;

(c) To provide a source of information regarding development of planned local drainage facilities and improvements for present and prospective land owners, residents, farmers, developers, and investors in property within the various local drainage areas;

(d) To obviate the menace to public safety arising from inadequate provision for control and safe disposal of surface and storm waters occurring as the result of development of property within local drainage areas;

(e) To prevent deterioration of property values and impairment of conditions making for desirable agricultural, residential, commercial or industrial development, as the case may be, which would result from the failure to construct planned local drainage facilities and improvements;

(f) To prevent deterioration of public streets and other public facilities which would result from failure to construct planned local drainage facilities and improvements;

(g) To provide readily traversable public thoroughfares and rights-of-way to facilitate safe pedestrian and vehicular access for public and private purposes including local commerce, property use and provision of emergency services;

(h) To provide for collection of fees for construction of planned local drainage facilities and improvements within any local drainage area at the time of the development or division of land, as authorized by Section 66483 of the Government Code of California and the provisions of this Code, except as herein excepted, such fees, however, being subject to credits as herein provided for revenues, assessments and other receipts theretofore collected with respect to any such parcel or parcels of land for construction of planned local drainage facilities within any local drainage area. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02 Definitions.

Unless the particular provisions or the context otherwise requires, the definitions contained in this chapter shall govern the construction, meaning, and application of the words and phrases defined, and their derivatives and derivatives therefrom wherever applicable, whenever used in this chapter. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.01 Board of Directors.

“Board of Directors,” as used in this chapter shall mean the Board of Directors of the Fresno Metropolitan Flood Control District. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.02 Development.

“Development,” as used in this chapter, means any building, structure, or other improvement or the construction, erection, or installation thereof, in, over or upon any parcel of land. “Development” does not include any temporary building, structure or other improvement, or the construction, erection or installation thereof, which under the terms of any permit issued therefor or the provisions of this Code or pursuant to such other limitation of entitlement, may not be maintained more than one year or, if erected or installed for use in the performance of the work of a construction project, until completion of such work. The term “improvement” shall include, without limitation, any development activity which, as determined by the Director, materially alters the natural surface of the land or restricts the imperviousness of the soil and includes without limitation paving (concrete, asphalt, oil or other means of soil stabilization) and landscaping. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.03 Director.

“Director,” as used in this chapter means the Director of Public Works of the City. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.04 District.

“District,” as used in this chapter, means the Fresno Metropolitan Flood Control District.

(§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.05 Division.

“Division,” as used in this chapter, means the dividing of any parcel of land into one or more lots or parcel, including, but not limited to, a division described and processed as a parcel or tract map division, or any parcel of land which has been so divided.

8.7.02.06 Existing development.

“Existing development,” as used in this chapter, means any development, existing or to be existing within the area of any development, division, or unsubdivided or undeveloped remainder thereof, on the date of the final map or issuance of a permit effecting a drainage fee payment obligation. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.07 Gross acreage.

“Gross acreage,” as used in this chapter means the area of a parcel of land, or the area of a proposed division, including those portions designated for streets and alleys and including those portions of all abutting streets and alleys measured to the center lines thereof or to a line parallel with and thirty feet from the property line, whichever shall be the lesser. In the case of a single-family residential use occupying a corner parcel, the area of the street abutting the shortest side of such parcel, or one side in the case of a square parcel, shall not be included. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.08 Local drainage area.

“Local drainage area,” as used in this chapter means a particular drainage area for which planned local drainage facilities and improvements for the collection and safe disposal of surface and storm waters therefrom, and the total estimated costs of constructing such facilities, are set forth in a local drainage plan. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.09 Local drainage fees.

“Local drainage fees,” as used in this chapter means fees established and levied as provided in this chapter to pay all or a part of the costs of planned local drainage facilities and improvements and their appurtenances. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.10 Local drainage plan.

“Local drainage plan,” as used in this chapter, means the Storm Drainage and Flood Control Master Plan, adopted by the Fresno Metropolitan Flood Control District as the general plan thereof for the collection and safe disposal of surface and storm waters of the District, and which plan is the Storm Drainage and Flood Control Element of the City’s General plan, and, such plan delineating therein a plan for each local drainage area which contains an estimate of the total costs of constructing the local drainage facilities and improvements required by the plan, together with their appurtenances, and a map of each local drainage area showing generally its boundaries and location of the planned local drainage facilities and improvements. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.11 Manager.

“Manager,” as used in this chapter, means the Manager of the District. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.12 Net acreage.

“Net acreage,” as used in this chapter, means the area of a parcel of land or area of a proposed division, excluding those portions designated for streets and alleys and excluding all abutting streets and alleys. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.13 Parcel of land.

“Parcel of land,” as used in this chapter, means any real property, improved or unimproved, shown on the latest equalized county assessment roll as a parcel and reflected by the assessor’s parcel maps prepared by the office of the assessor of the County of Fresno. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.14 Planned local drainage facilities and improvements.

“Planned local drainage facilities and improvements,” as used in this chapter means drainage facilities and improvements required for a local drainage area. The improvements and facilities shall include, without limitation, real property and rights in property for use for and in connection with the installation of planned local drainage facilities, conduits, drainage channels, drainage retention and recharge basins, and things and improvements incidental thereto, all as may be required for the collection and safe disposal of surface and storm waters from a local drainage area.

(§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.15 Planned local drainage fund.

“Planned local drainage fund,” as used in this chapter means a separate fund established by the manager for a local drainage area, into which all local drainage fees collected on the property within such local drainage area shall be deposited, and the monies in which shall be expended solely for acquisition or construction, or reimbursement for acquisition or construction of planned local drainage facilities and improvements within the local drainage area for which such fund was established. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.02.16 Zoning chapter.

“Zoning chapter,” as used in this chapter, means the zoning provisions set forth in Chapter 3 of Title 9 of this Code. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.03 Local drainage fees required: When payable.

(a) Except as otherwise provided in this section, a local drainage fee shall be paid on each parcel of land in a local drainage area prior to the commencement of the work of any development thereon or, in the case of any division of a parcel of land, prior to the approval of the final subdivision, parcel map, or certificate of compliance therefor. The applicable fee shall be that most recently established by the City Council prior to approval of the final subdivision, parcel map, or development.

(b) In the case of subdivisions which at the time of approval are zoned for industrial uses, and of parcel maps, the following applies:

(1) The minimum drainage fee payable shall equal the sum of the following:

(i) The drainage fees computed pursuant to Section 8.7.05 of this chapter for all areas dedicated and improved for streets and alley use prior to, concurrently with or as a condition of the recording of the final map or issuance of a development permit. Such areas shall include any portions of abutting streets and alleys measured to the centerline thereof or to a line parallel with and thirty (30′) feet from the property line of the division or development, whichever is lesser;

(ii) The drainage fees computed pursuant to Section 8.7.05 of this chapter for all areas of existing development. Such areas shall equal or exceed the minimum area established for the applicable land use district in the zoning chapter; provided that any remaining area for which a fee is not required pursuant to this section also equals or exceeds the minimum area established by the zoning chapter for the applicable land use;

(iii) The drainage fees computed pursuant to Section 8.7.05 of this chapter on all parcels of a parcel map zoned for single family residential uses containing a net acreage of 30,000 square feet or less.

(2) If planned local drainage facilities or improvements are required within the limits of, or are necessitated by such decision or a phase thereof, the drainage fees shall not exceed the cost of such facilities or improvements, or the minimum fee determined pursuant to subsection (b)(1) above, whichever is greater.

(3) The balance of the fee obligation otherwise required by the provisions of this Chapter, and not required to be paid pursuant to the preceding provisions of this subsection (b) may be deferred.

(4) Local drainage fees deferred under the provision of this subsection shall be payable in the amounts determined by the provisions of this chapter prior to receipt of a development entitlement for the lands subject to such deferment.

(c) Except in the case of single-family residential uses, the area of an addition, replacement, reconstruction or the construction of separate structures or other improvements on a previously developed parcel for which a drainage fee or assessment has not been fully paid shall be deemed a parcel of land for the purposes of this chapter and a local drainage fee is payable thereon when such area equals or exceeds 1,000 square feet. When the area of such addition, replacement, reconstruction or other improvement or the accumulation of such additions or other improvements made after March 15, 1969, equals twenty-five (25%) percent or more of the development existing as of March 15, 1969, the local drainage fee shall be payable on the total area, inclusive of all existing development, of the subject parcel as defined in Section 8.7.02.13 and subsection (f) of Section 8.7.05. Credits for fees or assessments previously paid shall be granted in accordance with subsection (c) of Section 8.7.06.

(d) The City shall require the following:

(1) The design, dedication and construction of planned local drainage facilities and improvements located within or necessitated by a development or division, whether such development is located within an area of the local drainage plan for which fees have been established, or located in an area of such plan for which fees have not been established; such dedication and construction to include easements, rights-of-way, fee interest, other interests in real property; and, all planned local drainage facilities and improvements and, appurtenances thereto, inclusive of grading and surface water conveyances; or

(2) The payment of the drainage fee required pursuant to this chapter, when it is determined by the District the design, dedication and construction of planned local drainage improvements and facilities is not required; or

(3) Payment of a portion of the drainage fee required and the design, construction and dedication of planned local drainage facilities and improvements, when determined by the District to be necessary in conjunction with such development or division.

(e) Exceptions. Local drainage fees are not payable for the performance of the following items of work:

(1) Except in the case of a division, any development work which consists solely of the construction, erection, or installation of:

(i) Fences, pole lines, underground conduits, or pipelines, or similar developments which, as determined by the Director do not materially alter the natural surface of a parcel of land; or

(ii) Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements undertaken in the absence of other related development as defined herein, within any street or alley.

(2) Any development consisting solely of additions or alterations to any single-family residential dwelling or its accessory structures or other additional development on a developed single-family residential parcel.

(3) Any reconstruction or replacement of a single-family residence destroyed by fire or because of condemnation, provided that this exception shall not apply in the event that:

(i) The use of the parcel or any portion thereof at the time of reconstruction or replacement is for other than single-family residential; or

(ii) Reconstruction or replacement does not occur within twelve (12) months; or

(iii) The ownership of the parcel is changed following the occurrence which requires reconstruction or replacement thereof.

(4) The construction of single-family residential dwelling and accessory structures on land under one ownership having an area of five (5) or more acres and having no other dwelling thereon except for temporary occupancy pending such construction, which land is used primarily for agricultural pursuit consisting of the raising of tree, vine, field forage or other plant life or the maintenance, breeding and raising of animals.

(f) Government Agency. Payment of the local drainage fee upon division of land divided by a governmental agency engaged in such activity may be deferred upon request filed with the district by the governmental agency at the time of development of any undeveloped lot or parcel created in said division, subject to the conditions herein specified. A governmental agency, for the purposes of this deferment, is defined as one which is created under the provisions of either federal, state or local enabling legislation and which is acting under a program in which payment of the local drainage fee would not be an eligible cost.

(1) The deferment authorized herein shall be allowed only in the event said governmental agency enters into a written agreement with the district which shall provide:

(i) That the fee shall otherwise be paid pursuant to the provisions of this chapter;

(ii) That the agreement creates a valid lien upon such parcel to the extent of the fee (such lien may be subordinated at the discretion of the Director, and the form and substance of the agreement, procedures documents, covenants, etc., necessary to place the agreement and lien into effect shall all be determined by the Director, subject to the approval of the City Attorney);

(iii) That said agreement shall provide that the owner of each lot or parcel created as a result of said division shall agree to pay all court costs and attorney fees and waives any and all defenses, legal or equitable, other than liquidated monetary setoffs against the District, of an action at law or foreclosure suit is brought to enforce payment of the fee or recovery of the fee through the lien.

(2) Said governmental agency will pay or provide for payment of the drainage fee on any developed lot or parcel at the time of division except that in the event of ownership by said governmental agency of said developed parcel or parcels, payment of the drainage fee thereon shall be made at the time of sale of said developed lot or parcel by the governmental agency.

(3) Said governmental agency will give actual notice of the lien described above to the purchaser of any lot or parcel created as a result of such division, except that failure by said governmental agency to provide actual notice to the purchaser shall not affect the lien upon said parcel or portion thereof as sold or the liability by the owner thereof to pay any drainage fee thereon as herein provided.

(g) As to any portion of land included within a parcel map for which the fee has not been deferred under subsection (b) of this section, the fee obligation established by this chapter may be deferred where such divisions of land are required by court order.

(1) All owners who desire to defer fees under this subsection shall enter into an agreement with the City which shall require the payment of such deferred fee at the earliest of the following occurrences:

(i) The sale or transfer of any such parcel or portion thereof;

(ii) The filing of a final map or parcel map on any portion of such parcel;

(iii) The issuance of a building permit or special permit for any development entitlement on or for any portion of such parcel.

(2) Fees deferred under this subsection shall be paid at the rates in effect when such fees become due and payable.

(h) Any agreement required by this section shall constitute a valid lien upon such parcel. The lien may be subordinated at the discretion of the Director. The form and substance of the agreement, procedures, documents or covenants to place the agreement and lien into effect shall be determined by the Director subject to the approval of the City Attorney. Upon default of such agreement, the unpaid balance of such fees shall immediately become due and payable. The owner of the parcel shall agree to pay all court costs, attorney fees and interest at the legal rate from date of delinquency and, further, shall waive any and all defenses, legal or equitable other than liquidated monetary setoffs against the City if an action at law or foreclosure suit is instituted to enforce payment of the fee. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.04 Development without payment of local drainage fee prohibited.

No person shall divide or construct, erect, install or create, or cause or permit to be divided or constructed, erected, installed or created, any development on any parcel of land on which the local drainage fee required by this chapter has not been paid; and no building permit or other permit for any development shall be issued unless the required local drainage fee has been paid. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.05 Fee schedule: Computation of fee.

(a) The City Council shall establish by resolution, for each local drainage area, a schedule of per-gross-acre fees calculated to provide the sum of money necessary to pay the estimated total costs, as set forth in the local drainage plan, of the planned local drainage facilities and improvements for such planned local drainage area. Such schedule shall be conditioned and based on the following findings hereby made by the City Council:

(1) That the planned local drainage facilities and improvements for each local drainage area are in conformity with the conservation and public facilities elements of the General Plan, the Storm Drainage and Flood Control Master Plan of the District and the local drainage plan;

(2) That the development of property within each local drainage area will require construction or acquisition of the planned local drainage facilities and improvements described in the local drainage plan and that the fees are fairly apportioned within each local drainage area on the basis of benefits conferred on property developed or to be developed or on the need for planned local drainage facilities and improvements created by proposed or existing development of property within the local drainage area.

(3) That drainage facilities planned with respect to each local drainage area which are in addition to any existing local drainage facilities and improvements serving such local drainage area at the time of adoption of the local drainage plan are necessary to complete the planned local drainage facilities and improvements for such local drainage area.

(b) The schedule of fees shall be those amounts established by resolution of the City Council adopted May 6, 1991, and shall remain in effect until February 28, 1992. Effective March 1, 1992, and each succeeding March 1 thereafter, said schedule of fees shall be adjusted in accordance with the following criteria:

(1) On January 1 of each year the Manager shall review the current National Engineering News Record Construction Cost Index (ENRCCI). When such index differs from said index for the preceding January 1, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current January 1 by that pertaining to the previous January 1. The individual drainage fee rates shall be multiplied by said factor to determine the adjusted schedule of fees.

(2) The Manager shall add to the schedule of fees drainage fee rates for new planned local drainage areas identified in the local drainage plan established by the Board of Directors for implementation of this chapter.

(3) If in the determination of the Manager the adjustment of the schedule of fees produced by the procedure in paragraph (1) of this subsection (b) is not representative of the actual change in costs of the planned local drainage improvements and facilities, the Manager may, in lieu of the procedures set forth in said paragraph, compute a new schedule of fees for adoption by resolution of the City Council.

(4) In the event of the adoption of a new schedule of fees by resolution of the City Council, such new schedule shall become effective immediately upon the adoption thereof by the City Council. The adjustment of such schedule provided in paragraph (1) of this subsection (b) shall begin the January 1 next occurring after adoption of the new schedule.

(c) The rates per gross acre used to compute local drainage fees levied and collected pursuant to this chapter for parcels of land located in any local drainage area shall be those rates set forth for such local drainage area in the schedule of per-gross-acre fees established by resolution of the City Council as set forth in this section. For parcels of land located, pursuant to the zoning chapter, in the respective land use districts identified in said schedule of per-gross-acre fees, the per-gross-acre fee shall be the sum identified with such land use district in such schedule.

(d) In such cases wherein the parcel of land is located in a new land use district for which a rate per-gross-acre has not been adopted by the City Council, the Manager shall calculate and the Director shall levy an interim fee using the cost distribution formula for the land use district within the subject local drainage area which in the Manager’s opinion is the most similar to the new district, but which is not less than the lowest per-acre rate identified in the rate schedule for the drainage area in which such parcel of land is located. The City Council shall, as soon as practical, thereafter amend the schedule of per-gross-acre fees identifying therein the new district and the fees per-gross-acre associated therewith and any deviation from the interim fees which shall have been paid shall be adjusted by a further payment to the City or refund to the owner.

(e) The local drainage fee applicable to any parcel of land or division shall be the product of the gross acreage of the parcel or division multiplied by the rate or rates per-gross-acre applicable to the land use district, the local drainage area and the local drainage area zone within which the parcel or division is located as specified within the fee schedule resolution adopted pursuant to this section; provided, however, the drainage fee applicable to any parcel or division of land which is to be or has been included in an assessment proceeding which includes the levy and subsequent crediting of the drainage fee obligation pursuant to Section 8.7.06 of this chapter shall be increased by an amount equal to the proportionate share of the incidental costs of such assessment proceedings, as determined by the Manager.

(f) When a development is proposed on only a portion of any parcel of land, the Director may designate on the approved plot plan the portion of such real property on which the development is to occur as the area to be developed. The payment of the local drainage fee shall be limited to such designated area subject to the following conditions:

(1) Such designated area shall include all area to be the subject of activity which materially alters the natural surface of the land or restricts the imperviousness of the soil, including landscaping, paving and other means of soil stabilization, and grading and filling.

(2) Such designated area shall equal or exceed the minimum area established for the applicable land use district identified in the zoning chapter.

(3) The area of such parcel remaining undesignated shall equal or exceed the minimum area established for the applicable land use district identified in the zoning chapter.

(4) In cases where there is existing development on such parcel of land, payment of the local drainage fee shall also be subject to the provisions of subsection (c) of Section 8.7.03.

(g) When any development would create a greater or lesser amount of change in the natural surface off the land than would be created by the normal or usual development of land in a land use district, an appropriate fee shall be calculated by using the rate or rates for the land use district within the subject local drainage area which is most similar in character to the proposed development. Payment of such fee or the construction of planned local drainage facilities, or a combination thereof, shall be a condition of any permit which is required for construction or use of such development.

(h) When the local drainage fee applicable to any parcel of land has been paid pursuant to this chapter, or shall have been paid through assessment in a specific assessment proceeding, and the use of such parcel of land is changed to a use which, under the then-current fee schedule, requires a higher local drainage fee, or improvements are made to the parcel which create a greater change in the natural surface of the land than would be created by the normal or usual development of land in the land use district, then such parcel of land shall be subject to payment of an additional fee which shall be the fee applicable to such parcel of land in its changed use under the fee schedule in effect at the time the additional fee is payable less the total of any credits allowed under Section 8.7.06. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.06 Credits, reimbursements for fees and facilities previously paid and installed: Conditions.

(a) In the computation of the local drainage fee payable because of the development or division of any parcel of land, a credit shall be allowed for planned local drainage facilities and improvements dedicated or constructed with respect to such parcel. Such credits, limited to the actual cost of lands dedicated, or the actual cash expenditures for the construction of local drainage facilities constructed and still in existence and use in any street, alley, or public easement, and not purchased or constructed by special assessment proceeding shall be allowed, subject to the following conditions and limitations:

(1) Facilities considered for such credits shall have been constructed in conformance with the standards of the District in effect when such facilities were constructed.

(2) The Manager shall certify that such facilities are in conformance with, or beneficial for use in connection with, the planned local drainage facilities and improvements installed or to be installed in the local drainage area.

(3) The credit allowed shall not exceed the cost of such facilities or improvements, as determined by the Manager from actual cost records or by applying estimates of construction or real estate costs prevailing at the time such facilities were originally purchased or constructed, provided that no credit shall be allowed because of public easements or right-of-way, the dedication of which have been or would be required by the District or City in conjunction with development or divisions as defined in this chapter.

(4) The facilities shall have been dedicated or constructed and paid for with respect to the parcel for which credit is claimed and are located in or will serve the planned local drainage area within which is located the parcel for which credit is claimed.

(5) Proof to the satisfaction of the District’s Board of Directors shall be made by the person claiming such credit hereunder of the amount of the actual cost or cash expenditures for which credit is claimed.

(6) The District shall have acquired ownership of the facilities without cost.

(7) When the facilities for which credit is claimed benefit more than one parcel and only a portion of the total allowable credit is claimed, the District may, in the absence of an agreement among the owners of the subject parcels eligible for such credit, estimate the total cost of the facilities at the time of construction and apportion the total credit allowable for such facilities among the benefiting parcels in a manner that the District in its sole discretion shall deem equitable.

(8) Except in the case of public agency projects funded by federal or state monies, in the event the actual cost or cash expenditures, as determined by the Manager in paragraph (3) of this subsection (a), exceed the total local drainage fee payable because of the development or division of any parcel of land, District shall contract with the developer or divider to reimburse such excess credits. Such reimbursement shall be subject to the following conditions and limitations:

(i) Such reimbursements shall be paid to the developer or divider from local drainage fees received pursuant to subsequent development or division of other parcels of land within the local drainage area served by the planned local drainage facilities and improvements for which such reimbursement is due.

(ii) In those local drainage areas in which more than one reimbursement contract is concurrently in existence, the order of reimbursement shall be based upon the date of receipt by District of the submittal set forth in paragraph (vii) hereof. Reimbursement shall not be paid pursuant to a later reimbursement contract within a local drainage area until any previous reimbursement contract within said drainage area is fully reimbursed. Reimbursement shall not be paid as to any reimbursement contract until any external debt obligation of the local drainage area, which is to be paid from the drainage fees of the subject local drainage area is paid.

(iii) The payment of such reimbursements is to be made semiannually, in amounts determined by the Manager.

(iv) Should there not be sufficient subsequent drainage fees available, or should the facilities required to provide the level of drainage service prescribed by the local drainage plan not be available, by a date fifteen (15) years from the date of receipt by District of the submittals set forth in paragraph (vii) hereof, the initial reimbursement period and any remaining obligation of the District to reimburse such excess credit shall expire; provided, however, that the expiration of the District’s reimbursement obligation shall be extended an additional five (5) years in those cases in which the developer or divider has been reimbursed at least seventy-five (75%) percent of the total excess credit during the initial reimbursement period.

(v) The total reimbursement to be paid pursuant to this subsection (a) shall not exceed ninety-five (95%) percent of the total excess credit; the District shall retain five (5%) percent from each reimbursement as an administrative records and services charge.

(vi) Nothing herein shall preclude the more frequent payment of reimbursements or the partial payment of reimbursements when sufficient funds are determined by the Manager to be available and all other conditions of this subsection (a) have been met.

(vii) The developer or divider shall submit to District, within ninety (90) days of acceptance by District of those facilities for which credit or excess credit is claimed, the reproducible as-built plans of said facilities, the project accounting reflecting final costs of the eligible items and any balance due of the final drainage fee determined pursuant to this chapter. Credits and reimbursement of excess credits shall not be granted pursuant to this section if the submissions required by this paragraph are not made.

(b) Credits for assessments previously levied for planned local drainage improvements and facilities by special assessment proceeding shall be allowed, subject to the following conditions and limitations:

(1) Such facilities shall have been constructed in conformance with the standards of the District in effect when such facilities were constructed.

(2) The Manager shall certify that such facilities are in conformance with or beneficial for use in connection with the planned local facilities and improvements installed in the local drainage area.

(3) The credit allowed shall be equal to the amount of the assessment and any supplemental assessment levied upon the parcel of land, which was paid in cash or which became security for a bond or bonds issued in the special assessment proceedings. If one assessment was levied for drainage facilities and other improvements in the same proceeding, the Manager shall determine, from the engineer’s report in the assessment proceeding, if available, otherwise on cost estimates applied by the Manager, the proportion of the assessment attributable to such facilities, and the amount so determined by the Manager shall be the credit allowed.

(c) If a local drainage fee was paid on all or a portion of the parcel of land pursuant to this chapter and an additional local drainage fee is payable under any provision of this chapter, a credit shall be allowed equal to the amount previously paid. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.07 Appeals.

(a) In the case that the amount of any local drainage fee shall be disputed, the City or District, if designated to collect such fee, shall allow such fee to be paid under protest. Such protested fee shall be reviewed by the Director and the correct amount thereof determined according to law and the City shall be reimbursed by the District for any cost of litigation incurred by it in the defense of such a dispute.

(b) The owner of land proposed for development or division, or his representative designated in writing, may appeal any requirement of the District under this chapter. Any such requirement may be imposed only by a written notice signed by the Manager or District Engineer. Any person appealing shall file a written notice of appeal with the secretary of the District within ten days of the action of the District from which the appeal is taken. Upon the filing of such an appeal, the appeal board which for purposes of this chapter shall be the District Board of Directors, shall set the matter for hearing. The hearing shall be held and a decision rendered by the appeal board within forty (40) days after the date of filing the appeal.

(c) The owner or representative specified in subsection (b) of this section may appeal from the action of the appeal board to the Council. Any such appeal shall be filed in writing, on a form provided by the Director of Public Works, with the City Clerk within ten (10) days after the action of the appeal board from which the appeal is being taken.

(d) After the filing of such an appeal, the City Council shall hold a hearing thereon within thirty (30) days after the date of filing of the appeal. Within ten (10) days following the conclusion of the hearing, the Council shall render its decision on the appeal. Such decision shall be final. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.08 District as agency to design and install facilities.

The District is hereby designated as the public agency which shall design, acquire, construct, and install, in territory which is within the District, the planned local drainage facilities and improvements specified in the local drainage plan, other than street facilities. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.09 Transfer of funds to district.

In such cases in which the fees payable under this chapter are collected on behalf of the District by the City, the Director of Finance shall transfer to the District, on the twentieth day of each month, all local drainage fees collected and deposited in each planned local drainage facilities fund during the preceding calendar month. Where a local drainage area lies wholly or partially outside the boundaries of the District, the City may expend from the planned local drainage facilities fund for such local drainage area such amounts as the City shall require for the design, acquisition, construction or installation of planned local drainage improvements and facilities within the portion of such local drainage area outside the District in accordance with the local drainage plan. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.10 Administration and enforcement.

In such cases in which the City requests the District to administer and enforce the drainage fee chapter of such agency, the collection of local drainage fees and the imposition of requirements under the provisions of the chapter shall not be commenced until the District shall have entered into an agreement with the City for administration and enforcement, which shall include, without limitation, the following provisions:

(a) The District shall exercise the duty of reviewing all development, and divisions for compliance with the local drainage plan and shall prepare and submit investigations and reports on the design and improvements of such development and divisions and shall impose such requirements and condition thereon necessary to effect compliance with and implementation of such plan.

(b) The District shall effect the design, acquisition, construction, installation, operation and maintenance of the planned local drainage facilities and improvements set forth in the local drainage plan.

(c) District shall make all computations of local drainage fees payable pursuant to said chapter, shall make all determinations of construction and dedication requirements, exemptions or deferrals, and shall, upon request, promptly furnish such information.

(d) The city shall, at the election of the District levy, collect and transfer to District the local drainage fees required pursuant to said chapter and shall enforce such conditions and requirements imposed by District on development and divisions pursuant thereto.

(e) The City shall submit, or shall require the submission, to the District of duplicate copies of all subdivision maps, parcel maps, site plans, and other such forms representing development or division proposals submitted to the City for review and approval for which local drainage fees must be calculated, or requirements and conditions of approval must be determined.

(f) The designated City shall collect and deposit within a planned local drainage facilities fund, or may designate District to collect and so deposit, the local drainage fees payable in the respective amounts computed by the District.

(g) The District shall establish for each local drainage area a planned local drainage facilities fund into which all funds transferred to the District for such local drainage area shall be deposited, and shall expend the funds therein solely for acquisition or construction of planned local drainage facilities within such local drainage area, except that any surplus remaining after final completion of such planned local drainage facilities and improvements may be applied to maintenance of facilities in reduction of any annual assessments for maintenance levied by the District on properties in such local drainage area.

(h) The District shall keep and maintain accurate records of local drainage fees paid or payable on each parcel of land in the District to the extent necessary to permit an expeditious determination of (1) the amount of any drainage fee paid or payable, (2) the required collection of fees as provided by said chapter, (3) the payment of any reimbursements required by Section 8.7.06 hereof; and (4) the utilization of said fees in the construction of planned local drainage improvements and facilities.

(i) The District, in the event it shall order the construction of planned local drainage facilities pursuant to special assessment proceedings, shall apply as a contribution to the amount of the assessment levied therefor upon any parcel of land in the assessment district, the amount of any credit allowed such parcel under Section 8.7.06 of this chapter.

(j) The District shall defend and indemnify and hold the City harmless from any dispute, claim or lawsuit arising out of any requirement for the dedication or the construction of planned local drainage improvements and facilities, or the payment of any local drainage fee or calculation of such fee, which the District or the City may impose as a condition of approval of any development or final subdivision or parcel map. (§ 2, Ord. 91-24, eff. July 17, 1991)

8.7.11 Violation: Penalty.

The penalty for violation of any of the provisions of this chapter shall be as prescribed in Chapter 2 of Title 1 of this Code. (§ 2, Ord. 91-24, eff. July 17, 1991)