Chapter 13.100
DRAINAGE OF LAND
Sections:
13.100.030 Fees—Exceptions and installment payments.
13.100.040 Development prior to fee payment.
13.100.050 Fee schedule—Computation of fee.
13.100.060 Fee credits, reimbursements—Conditions and limitations.
13.100.080 Violation-Infraction.
13.100.010 Purposes.
The city council declares and finds that the development of land for urban uses substantially accelerates the concentration of surface waters and stormwaters, and that it is necessary to require the construction of and to establish and collect drainage fees to defray the actual or estimated costs of constructing planned local drainage facilities for the removal of surface waters and stormwaters from local drainage areas in order to promote and protect the public welfare, safety, peace, comfort, 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 within the planned local drainage area as required for the removal of surface waters and stormwaters;
B. To provide for an additional method of financing construction of planned local drainage facilities within local drainage areas;
C. To provide an authentic source of information regarding development of planned local drainage facilities for present and prospective residences, developers and investors in property within the local drainage areas;
D. To obviate the menace to public safety arising from inadequate provision for removal of surface waters and stormwaters occurring as the result of development of property within local drainage areas;
E. To prevent the deterioration of property values and impairment of conditions making for desirable residential, commercial or industrial development as the case may be, which would result from the failure to construct planned local drainage facilities;
F. To prevent deterioration of public streets and other public facilities which would result from the failure to construct planned local drainage facilities;
G. To provide for the collection of local drainage fees for construction of planned local drainage facilities within any local drainage area at the time of the subdivision of land, as authorized by Section 66483 of the Government Code of California and this code, or at the time of other development thereof except as herein executed; such fees being, however, 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. (Ord. 89-8 §§ 1 (part), 2 (part), 1989)
13.100.020 Definitions.
Unless the particular provision 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.
A. Development.
1. “Development” means any building, structure or other improvement, or the construction, erection, installation, addition or alteration thereof in, over or upon any parcel of land or the division of any parcel of land.
2. “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 assurance as the director may require may be maintained, not to exceed one year, or, if erected or installed, for the use in the performance of the work of a construction project until completion of such work. “Other improvement” means any development activity which, as determined by the director, materially alters the natural surface of the land and includes without limitation paving (concrete, asphalt, oil or any means of soil stabilization) and landscaping.
B. “Director” means the city manager of the city of Dinuba or his designee.
C. “Division” means the dividing of any parcel of land into one or more lots or parcels as described in this code, or any parcel of land which has been so divided.
D. “Gross acreage” 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 centerlines thereof or to a line parallel with and thirty feet from the property line, whichever shall be the lesser. In the case of single-family residential uses occupying a corner parcel, the portions of the streets abutting the shortest side or one side in the case of a square parcel shall not be included.
E. “Local drainage area” means a particular drainage area for which planned local drainage facilities for the collection and removal of surface waters and stormwaters therefrom and the total estimated costs for constructing such facilities or set forth in the city storm drainage master plan, adopted June 27, 1989.
F. “Local drainage fees” means fees established and levied as provided in this chapter to pay all or a part of the cost of the planned local drainage facilities and their appurtenances.
G. “Local drainage plan” means a specific drainage plan adopted by the city council for the systematic execution of the conservation and public facilities element of the city storm drainage master plan relating to flood control and drainage area, which contains an estimate of the total cost of constructing the local drainage facilities required by the plan, together with appurtenances, and a map of the local drainage area showing generally its boundaries and the location of the planned local drainage facilities.
H. “Parcel of land” 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 county assessor.
I. “Planned local drainage facilities” means drainage facilities required for a local drainage area. The term “facilities” includes, 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 anything incidental thereto, all as may be required for the collection and removal of surface waters and stormwaters from a local drainage area.
J. “Planned local drainage facilities fund” means a separate fund established by the finance director for a local drainage area, into which all local drainage fees collected on property within the local drainage area shall be deposited, and the moneys in which shall be expended solely for acquisition and construction of planned local drainage facilities within the local drainage area for which such fund was established.
K. “Zoning ordinance” means a zoning division of the municipal code of the city. (Ord. 89-8 §§ 1 (part), 2 (part), 1989)
13.100.030 Fees—Exceptions and installment payments.
A. Except as otherwise provided in this section, a local drainage fee shall be paid to the city 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 any parcel of land, prior to the approval of the final subdivision or parcel map thereof.
B. In the case of subdivisions which at the time of approval are zoned for industrial uses, the following applies:
1. If planned local drainage facilities are required within the limits of or necessitated by such subdivision, the drainage fees which shall be paid prior to the approval of such division shall not exceed the cost of such planned local drainage facilities. The balance of such fee obligation, if any, may be deferred.
2. If planned local drainage facilities are not required within the limits of or are not necessitated by such subdivision, the drainage fees required by this chapter may be deferred.
3. Local drainage fees deferred under the provisions of this subsection shall be payable and the amounts determined by the provisions of this chapter upon development of the land subject to such division and such deferred fees payable prior to the issuance of a certificate of occupancy.
C. Except in the case of single-family residential uses, the area of all additions, replacements, reconstructions or the construction of a separate structure or other improvement on a previously developed parcel for which a drainage fee or assessment has not been fully paid or assessed, 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 five hundred square feet.
D. The director shall require:
1. The design, construction and dedication of planned local drainage facilities located within or necessitated by such development or division; or
2. The combination of the payment of a partial drainage fee as required herein and the design, construction and dedication of such planned local drainage facilities.
E. Exceptions. Except as otherwise provided herein, local drainage fees are not payable for the performance of the local items of work as follows:
1. Except in the case of a subdivision, any development work which consists solely of the construction, erection or installation of:
a. 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
b. Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements 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 singlefamily residence destroyed by fire or condemnation; provided, that this exception shall not apply in the event that:
a. The use of the parcel or any portion thereof at the time of reconstruction or replacement is other than singlefamily residential,
b. Reconstruction or replacement does not occur within twelve months, or
c. The ownership of the parcel is changed following the occurrence which requires reconstruction or replacement thereof;
4. The construction of a single-family residential dwelling and accessory structures on land under one ownership having an area of five or more acres, and having no other dwelling located thereon except for temporary occupancy pending such construction, which land is used primarily for an agricultural pursuit consisting of raising tree, vine, field, forage or other plant life, crops of all kinds, or the maintenance, breeding and raising of poultry or animals.
F. Installment Payments. Except in the case of divisions, a portion of the drainage fee may be paid in installments when land is developed lying outside the boundaries of the drainage area, at the written request of the owner, subject to the conditions hereinafter stated and provided when:
1. Planned local drainage facilities are not presently available to carry or store water generated from the parcel of land to be developed for any use;
2. For industrial projects that employ on-site “green” electrical generation facilities that provide a significant portion of their energy demands, the drainage fee may be made in installment payments as follows:
a. Ten installment payments plus interest, provided at least twenty-five percent but less than fifty percent of the on-site electrical demand is met with on-site “green” electrical generation facilities with the first installment being due upon issuance of the building permit and each of the nine remaining installments being due on the anniversary of the permit issuance; or
b. Twenty installment payments plus interest, provided at least fifty percent of the on-site electrical demand is met with on-site “green” electrical generation facilities with the first installment being due upon issuance of the building permit and each of the nineteen remaining installments being due on the anniversary of the permit issuance;
2. In the discretion of the city manager, the installment payment of the major transportation facility fee is in the best interests of the city and in no case shall the installment plan be extended beyond twenty years. Such deferral shall include interest per annum at the rate of the highest Local Agency Investment Fund (LAIF) rate for the preceding twelve months plus one percent. Such deferral of payment shall be set forth in a writing signed by the property owner and shall constitute a lien upon the property and be recorded against the property until the fees are paid in full.
G. Conditions for Installment Payment. All owners who desire the installment payment of a drainage fee as hereinabove provided, and/or receive a deferral of payment from the city manager, shall enter into an agreement with the city to be recorded against the property and shall provide that such unpaid fee be paid at the earliest of the following occurrences:
1. On the sale or transfer of any portion of such parcel;
2. Ninety days after written notice is mailed to the owner or owners by the director that the construction of planned local drainage facilities designed to serve such parcel is to be commenced within one year of the date of the notice. The notice shall be sent to the owner’s address as it appears on the last equalized assessment roll and such fees shall become delinquent if not paid within the ninety-day period;
3. Upon default of such agreement, the unpaid balance of such fees shall immediately become due and payable.
H. 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 of law or foreclosure suit is instituted to enforce payment of the fee.
I. The agreement 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, document or covenants to place the agreement and lien into effect shall be determined by the director subject to the approval of the city attorney. (Ord. 2008-04 § 4, 2008; Ord. 2007-01 § 4, 2007; Ord. 89-8 §§ 1 (part), 2 (part), 1989)
13.100.040 Development prior to fee payment.
It is unlawful for any person to construct, erect or install, or cause to be constructed, erected or installed, 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 or provision for payment made with the director. (Ord. 89-8 §§ 1 (part), 2 (part), 1989)
13.100.050 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 raise the sum of money necessary to pay the estimated total cost, as set forth in the city storm drainage master plan, of the planned local drainage facilities for such local drainage area. Such schedule shall be conditioned and based on the following findings by the city council:
1. The planned local drainage facilities for each local drainage area are in conformity with the facilities elements of the city’s general plan and the storm drainage master plan;
2. The development of property within each local drainage area will require construction or acquisition of the planned local drainage facilities, described in the storm drainage master plan, and that the fees are fairly apportioned within each local drainage area either on the basis of benefits conferred on property developed or to be developed or on the need for planned local drainage facilities created by proposed or existing development of property within the local drainage area;
3. Drainage facilities planned with respect to each local drainage area which are in addition to any existing local drainage facilities serving such local drainage area, as shown on the adopted city storm drainage master plan, are necessary to complete the planned local drainage facilities for such local drainage area.
B. The schedule of fees shall be those amounts established by resolution of the city council adopted on January 9, 1990, and shall remain in effect until February 28, 1991. Effective March 1, 1991, and each succeeding March 1st thereafter, the schedule of fees may be adjusted in accordance with the following criteria:
1. On January 1st of each year beginning 1991, the director shall review the current National Engineering News Record Construction Cost Index (ENRCCI) for Los Angeles, California. When such index differs from said index for the preceding January 1st, 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 1st by that pertaining to the previous January 1st. The individual drainage fee rates shall be multiplied by such factor to determine the adjusted schedule of fees.
2. The director shall add to the schedule of fees the drainage fee rates for new planned local drainage areas established by the city council concurrently with the amendment of the local drainage plan adding thereto such new planned local drainage areas.
3. In the event of the establishment by resolution of the council of a new schedule of fees, the adjustment of such schedule provided in subsection (B)(1) of this section shall begin the January 1st occurring after such new schedule has been in effect for twelve months and shall include the period from the date of the adoption of such new schedule to such January 1st.
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.
D. 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 drainage fee shall be limited to such designated area subject to the following conditions:
1. Such designated area shall include all areas to be the subject of activity which materially alters the natural surface of the land 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 use identified in the zoning ordinance;
3. The area of such parcel of land remaining undesignated shall equal or exceed the minimum area established for the applicable land use identified in the zoning ordinance. (Ord. 89-8 §§ 1 (part), 2 (part), 1989)
13.100.060 Fee credits, reimbursements—Conditions and limitations.
A. In the computation of the drainage fee payable because of development or division of any parcel of land, a credit shall be allowed for planned local drainage facilities installed with respect to such parcel. Such credits for 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 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 city in effect when such facilities were constructed.
2. The director shall certify that such facilities are in conformance with, and beneficial for use in connection with, the planned drainage facilities installed or to be installed in the drainage area.
3. The credit allowed shall not exceed the cost of such facilities, as determined by the director from actual cost records or by applying estimates of construction costs prevailing at the time such facilities were constructed; provided, that no credit shall be allowed because of public easements, the dedication of which may have been required by the city in conjunction with development or divisions as defined in this chapter.
4. The facilities shall have been constructed and paid for with respect to the parcel for which credit is claimed and are located in or will serve the planned drainage area within which is located the parcel for which credit is claimed.
5. Proof to the satisfaction of the director shall be made by the person claiming the right of such credit hereinunder of the amount of the actual cash expenditures for which credit is claimed.
6. The city shall have acquired ownership of the facilities without cost.
7. When the facilities for which credit is claimed benefit more than one parcel of land and only a portion of the total allowable credit is claimed, the city may, in the absence of an agreement among the owners of the 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 city, in its sole discretion, shall deem equitable.
8. Except in the case of public agencies, in the event the actual cash expenditures as determined by the director in subsection (A)(3) of this section exceed the total drainage fee payable because of the development or division of any parcel of land, the city shall contract with the developer or divider to refund such excess credits to the owner or owners of such parcel or parcels of land for which such expenditures were made. Such refunds shall be paid from drainage fees paid pursuant to subsequent development or division of other parcels of land within the drainage area which are served by the planned drainage facilities for which such refund is due. Such refunds shall be paid to the person or persons owning the parcel or parcels for which such excess credits exist at the time of such refunds. The payment of such refunds is to be made no later than ninety days from the date of transfer to the general fund of the city of the drainage fees from which such refunds are to be paid. Should there not be sufficient subsequent drainage fees available or should the facilities required to provide the level of drainage service prescribed by the city storm drainage master plan not be available by the date of the refund contract, any remaining obligation of the city to refund such excess credits shall expire. Nothing herein shall preclude the partial payment of such refunds when sufficient funds are determined by the city to be available and all other conditions of this subsection have been met.
B. Credits for assessments previously levied for planned drainage 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 city in effect when such facilities were constructed.
2. The director shall certify that such facilities are in conformance with, and beneficial for use in connection with, the planned facilities installed or to be installed in the 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 proceeding. If one assessment was levied for drainage facilities and other improvements in the same proceeding, the director shall determine, from the engineer’s report in the assessment proceeding if available, otherwise on cost estimates supplied by the director, the proportion of the assessment attributable for such facilities, and the amount so determined by him 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. (Ord. 89-8 §§ 1 (part), 2 (part), 1989)
13.100.070 Appeals.
A. In the case that the amount of any drainage fee shall be disputed, the city 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 in connection with any such dispute.
B. In the case of a dispute as to any requirement under the provisions of Section 13.100.030(D), an appeal of such requirement may be filed with the city council. Such appeal must be filed in written form with the director by the owner of such development subject to the requirements in dispute within thirty days of the notification of such requirement. The decision of the city council shall be final. (Ord. 89-8 §§ 1 (part), 2 (part), 1989)
13.100.080 Violation—Infraction.
Any person, firm or corporation violating any of the provisions of this chapter, including any or all other amendments, revisions or supplements, is guilty of an infraction and, upon conviction, shall be punished accordingly, as set forth in Section 1.16.010. If any violation is continued, each day’s violation is deemed a separate infraction. (Ord. 96-2 § 14, 1996: Ord. 89-8 §§ 1 (part), 2 (part), 1989)