Chapter 16.72
DRAINAGE DISTRICT FEES
Sections:
16.72.010 Payment required prior to approval of map.
16.72.020 Payment required prior to issuance of building permit.
16.72.030 Other considerations in lieu of fee.
16.72.040 Fees established by resolution.
16.72.070 Planned drainage facilities fund.
16.72.090 City may incur indebtedness.
16.72.100 Credit and reimbursement to developer.
16.72.010 Payment required prior to approval of map.
Prior to the approval of any final subdivision map or parcel map subdividing property within any drainage district designated in the master plan of drainage, the subdivider shall pay or cause to be paid the drainage fee established hereby. [Ord. 919 § 1, 1991].
16.72.020 Payment required prior to issuance of building permit.
Prior to the issuance of a building permit for the development of property within any drainage district designated in the master plan of drainage for which the drainage fee required hereunder has not previously been paid, the developer shall pay or cause to be paid the drainage fee established hereby.
Development shall not include construction of accessory buildings and structures such as residential garages, antennas, sheds, etc., or the alteration or enlargement of existing buildings or structures, so long as such alteration or enlargement does not result in a change in the classification of occupancy of said building or structure as defined by the Uniform Building Code. [Ord. 919 § 2, 1991].
16.72.030 Other considerations in lieu of fee.
The City Council may, at its discretion, accept other considerations in lieu of the payment of the drainage fees required hereunder. [Ord. 919 § 3, 1991].
16.72.040 Fees established by resolution.
Drainage fees shall be established by resolution of the City Council for each drainage district identified in the master plan of drainage for the City of Lake Elsinore and delineated on the plate therein. [Ord. 919 § 4, 1991].
16.72.050 Basis for fee.
The amount of any such fee established hereby shall be based upon the following findings by the City Council:
A. That the fees proposed hereinbelow are fairly apportioned within each drainage district on the basis of benefits conferred on property within the drainage district potentially subject to subdivision and/or development and on the basis of need for such drainage facilities within each drainage area which would be created by the subdivision and/or development of property within each drainage district; and
B. That the fees proposed hereinbelow do not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such costs were apportioned uniformly on a per acre basis. [Ord. 919 § 5, 1991].
16.72.060 Adjustment of fees.
In June of each year, the City Engineer shall make recommendations to the City Council for the adjustment of the drainage fees established hereby to account for inflationary increase, if any, in the estimated costs of constructing the drainage facilities set forth in the master plan for drainage. [Ord. 919 § 6, 1991].
16.72.070 Planned drainage facilities fund.
Any fees collected hereunder shall be deposited into a separate planned drainage facilities fund to be established for each drainage district set forth in the master plan for drainage.
Moneys in such funds shall be expended solely for the construction or reimbursement for construction of drainage facilities called for in the master plan within the drainage district from which the fees comprising the fund were collected, to reimburse the City for the cost of constructing such drainage facilities if the funds therefor were advanced from the general fund, or to repay an indebtedness incurred by the City for the construction of such drainage facilities. [Ord. 919 § 7, 1991].
16.72.080 Use of fund.
The City may, upon approval of the City Council and in compliance with all other existing laws, advance money from the general fund or another drainage district fund to pay the costs of constructing drainage facilities called for in the master plan within a drainage area and reimburse the general fund or other drainage district fund for such advances from the fund for the drainage district in which such drainage facilities were constructed. [Ord. 919 § 8, 1991].
16.72.090 City may incur indebtedness.
The City may, upon approval of the City Council and in compliance with all other existing law, incur an indebtedness for the construction of drainage facilities called for in the master plan within a drainage district; provided, that the sole security for repayment of such indebtedness shall be moneys in the fund for the drainage district in which such drainage facilities were constructed. [Ord. 919 § 9, 1991].
16.72.100 Credit and reimbursement to developer.
If a developer constructs a facility or a portion of a facility indicated on the master plan of drainage, the developer shall be eligible for credit from the drainage district fund. For the purpose of establishing credit, the cost of construction for master plan of drainage or any portion of these facilities shall be the actual cost as certified by the developer and verified by the City. If the credit exceeds the assessed drainage fee, then the developer will be entitled to a reimbursement.
If the amount in the drainage district fund is insufficient to fully reimburse eligible developers, the district shall enter into a reimbursable agreement with the developer. Reimbursement shall be made only as fees are collected in connection with the development of property within that drainage district. The period for reimbursement shall be limited to 10 years. No developer shall receive reimbursement until all developers who have previously executed reimbursement agreements for the drainage district are fully reimbursed or until such agreements have expired. [Ord. 919 § 10, 1991].
16.72.110 Refunds.
After completion of all drainage facilities and the payment of all claims from any drainage area fund, the City Council shall determine by resolution the amount of the surplus, if any, remaining in such fund. Any such surplus shall be used, in such amounts as the City Council may determine, for one or more of the following purposes:
A. For transfer to the general fund; provided, that the amount of such transfer shall not exceed five percent of the total amount expended from such fund;
B. For the construction of additional or modified drainage facilities within the particular drainage area; or
C. As a refund in the manner provided in Government Code Section 66483.2. [Ord. 919 § 11, 1991].