Chapter 13.12
STORM DRAINAGE AREAS

Sections:

13.12.010    Reference to Storm Drain Master Plan.

13.12.020    Storm drainage connection fees.

13.12.030    Fees – Payment and collection.

13.12.040    Local drainage facilities fund.

13.12.010 Reference to Storm Drain Master Plan.

The drainage plan entitled “City of Escalon Storm Drain Master Plan,” which contains an estimate of the total cost of constructing the local drainage facilities required by the plan therein set forth, and a map of the local drainage areas and the location of such facilities, is referenced herein as required by the Subdivision Map Act. (Ord. 517 § 3, 2008; Ord. 172 § 1, 1979)

13.12.020 Storm drainage connection fees.

A storm drainage connection fee shall be paid to the city as a condition of new development for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm drain waters from the local storm drainage areas referred to in the City of Escalon Storm Drain Master Plan. The costs are based upon findings by the city council that subdivision and development of property within the local storm drain areas will require construction of the facilities described in the City of Escalon Storm Drain Master Plan, and that the fees are fairly apportioned within such areas on the basis of benefits conferred on the property proposed for subdivision or on the need for such facilities created by proposed subdivision and development of other property within such areas. The fees shall be fixed from time to time by resolution of the city council. (Ord. 517 § 4, 2008; Ord. 503 § 1, 2007; Ord. 500 § 1, 2006; Ord. 489 § 1, 2005; Ord. 481 § 1, 2004; Ord. 468 § 1, 2003; Ord. 461 § 1, 2002; Ord. 454 § 1, 2001; Ord. 445 § 1, 2000; Ord. 426 § 1, 1996; Ord. 410 § 1, 1995; Ord. 397 § 1, 1994; Ord. 380 § 1, 1992; Ord. 363 § 1, 1991; Ord. 346 § 1, 1990; Ord. 331 § 1(A), 1989; Ord. 317 § 1, 1988; Ord. 289 § 1, 1988; Ord. 276, 1987; Ord. 254 § 1, 1986; Ord. 235 § 1, 1985; Ord. 222 § 1, 1984; Ord. 214 § 1, 1983; Ord. 172 § 2, 1979)

13.12.030 Fees – Payment and collection.

Fees shall be paid either prior to the final approval of the final map or parcel map in the case of subdivisions and divisions of land and at the time of issuance of a building permit in all other instances, or the property owner shall enter into a written agreement with the city for deferred payments in the future, payable upon 90 days’ notice from the city, wherein the property owner shall agree to pay storm drainage fees in effect at the time the demand for payments is made. Said written agreement shall provide that the agreement shall run with the land and shall be a lien upon the land until paid in full. If such lien is not paid, the city may file and maintain an action to foreclose such lien upon the land until paid in full. If such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 7 of the Streets and Highways Code, commencing with Section 5000, or the city council may order the notice of lien to be turned over to the accounting officer and the tax collector of the city, to be collected in the manner provided in Sections 5893 and 5894 of the Streets and Highways Code. The lien shall continue until discharged of record by a release of lien from the city. (Ord. 191 § 1, 1979; Ord. 172 § 4, 1979)

13.12.040 Local drainage facilities fund.

There shall be established a separate local drainage facilities fund for each one of the separate local drainage areas. Fees paid hereunder for a separate storm drainage area shall be paid into the local drainage facilities fund of that area, and shall be expended solely for the construction or reimbursement for costs of local drainage within that local drainage area, or to reimburse the city for the cost of engineering and administrative services to form the district and design and construct the facilities. (Ord. 172 § 3, 1979)