Chapter 17.46


17.46.010    Fees--Credit against assessment.

17.46.015    Fees--Nonrefundable--When waived.

17.46.020    Modifications.

17.46.025    Deposit of funds.

17.46.010 Fees--Credit against assessment.

Prior to the city council’s approval of any final subdivision map, or the approval of any division of land into fewer than five lots, or if no such approval is required then prior to the issuance of any building permit for new construction, other than an accessory building, or for any building permit for remodeling or reconstruction of a value in excess of fifty percent of the value of an existing structure, the owner or his authorized agent shall pay to the city treasurer a storm drainage improvements fee as established by city council Resolution No. 2016-01 in the Development Impact Fee Nexus Study by Michael Baker International dated December 8, 2015, attached thereto as Exhibit “A.”  The storm drainage improvement fees may be modified from time to time by a resolution of the city council pursuant to a public hearing.

The amount of the fee shall be recorded as a credit, apportioned to the lots of the entire subdivision and applied to the extent of the credit against any assessment or charge against such lots in any future drainage assessment proceeding which includes the property.  In any case where a building permit is issued without the necessity of paying the fees set out above, the owner of the property shall execute an agreement to participate in the creation of a storm drainage assessment district.  (Ord. C-2016-01 §4(part), 2016; Ord. 3-94 §1(part), 1994).

17.46.015 Fees--Nonrefundable--When waived.

The fee required by Section 17.08.010 has been determined by experience as compensatory in a reasonable degree for the drainage expense created by such development and is nonrefundable.  Such fee may be waived, in the case of any subdivision or other division of land subject to the approval of the city council, by the city council, or in other cases by the building inspector, if it appears that satisfactory drainage provisions have been made for delivering and discharging the surplus water from such area into a channel previously designated by the council as a major watercourse.  (Ord. 3-94 §1(part), 1994).

17.46.020 Modifications.

In any case where there are extraordinary conditions affecting a parcel larger than one acre, the strict application of this chapter may be modified by the city council.  In any case, the applicant shall file an application in writing, stating the grounds therefor, with the city.  Any modification of the strict application of this chapter shall be in harmony with the general purpose and objectives hereof upon such conditions and in such a manner as will protect the public health, safety and welfare of the people of the city, but in no case shall the area assessed be less than one acre.  (Ord. 3-94 §1(part), 1994).

17.46.025 Deposit of funds.

The sums deposited as required by this chapter shall be placed in a special drainage deposit fund and shall be expended by the council upon its finding that the improvement includes the drainage basin or area containing the property, or that benefit otherwise in fact accrues to the property for which a deposit has been made.  (Ord. 3-94 §1(part), 1994).