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HomeMy WebLinkAbout170 - 11/17/1981 - ESTABLISHING A STORM DRAINAGE UTILITY FEE AND A STORM DRAINAGE BASIN FEE FOR THE DESIGN, RIGHT-OF-WA ORDINANCE NO 170 , 1981 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A STORM DRAINAGE UTILITY FEE AND A STORM DRAINAGE BASIN FEE FOR THE DESIGN, RIGHT- OFI�WAY ACQUISITON, AND CONSTRUCTION OF STORM Do.1TNACE CAPITAL I"PPOVEOFN'S, AND THE METHODS \FOR DETERMINING SAID FEES WHEREAS , the Council of the City of Fort Collins has determined the necessity of providing storm drainage lines and other facilities for the drainage and control of flood and surface waters within the City, in order that the health, property, safety and welfare of the City and its inhabitants may be safeguarded and protected, and WHEREAS, the Council of the City of Fort Collins has adopted drainage basin master pla-is recommending the storm drainage lines and facilities necessary to provide for the drainage and control of flood and surface waters within the City, and WHEREAS, the Council of the City of Fort Collins has further deter- mined that all real property within the\various drainage basins will be benefitted by the installation of storm drainage lines and facilities, and that the cost of installing such storm drainage lines and facilities should be charged against the lands in the various drainage basins, and WHEREAS, the Council of the City of Fort Collins has accordingly determined that it is necessary to establish and\collect a storm drainage utility fee and a storm drainage basin fee for the purpose of designing, acquiring right-of-way, and constructing storm drainage capital improve- ments NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That Section 93-4 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§ 93-4 City administration The Department of Public Works of the city administration shall furnish staff assistance to the Storm Drainage Board Such Department shall be responsible for developing plans, estab� lishing proposed design and construction standards and evaluating proposals from subdividers and developers " Section 2 That Section 93-5, subsection (E) of the Code of\theCity of Fort Collins be, and the same hereby is, amended to read aslows -Den 'e d "E The Storm Drainage Board shall also hear the petition of any owner or owners of property in the City of Fort Collins who dispute the amount of the storm drainage utility fee or storm drainage basin fee made against such owner's property or ilia dispute a,iy determination niade by or on behalf of the city pursuant to and by authority of this chapter and shall make such revision or modification of such charge or deter- mination as it shall deem appropriate in accordance with § 93-23, Administrative review, appeals " Section 3 That Section 93-7 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§ 93-7 Storm drainage fees After establishing the storm drainage basins and after receiving the report from the Storm Drainage Board on a particular storm drainage basin, the City Council may establish by ordinance a storm drainage fee to be paid by the owners of property in the storm drainage basin Such storm drainage fee shall be estab- lished in amounts which will provide sufficient funds to con- struct the facilities which need to be installed in the basin The amount of the fee assessed against individual properties and the method of collecting the same shall be established by the ordinance Assessments aga nst individual properties shall be on a per-square-foot basis, but the amount of the fee assessed per square foot against individual properties in a basin shall not necessarily be equal in all cases, and City Council may vary such amount dependent upon the type of improvements which are on the property or which may be placed on the property under the exis- ting zoning as such improvements relate to the stormwater which will be discharged from the property It shall be proper for the City Council to provide for the collection of the storm drainage utility fee against property which has been developed by a monthly charge to be added to the utility bills for such pro- perty In the case of undeveloped property, the City Council may require the payment of the storm drainage basin fee as a condi- tion of approving subdivision plats, building permits, utility taps or other permits required for the development of the pro- perty Any fees not otherwise collected may be collected through special assessments levied in a local assessment district created pursuant to Chapter 16, Improvements, Local Public, of the Code of the City of Fort Collins " Section 4 That Section 93-8 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows -2- "§93-8 Reestablishment of storm drainage fees The City Council may from time to time by ordinance change the amount of the storm drainage utility or basin fees for a storm drainage basin based upon revised estimates of the cost of , stalling fac litics in the basin Any change in the amount of the storm drainage basin fee shall be effective only as to properties in a storm drainage basin which have not paid in full the storm drainage basin fee assessed against the property After collection of the storm drainage basin fee is completed as to a particular property, the amount of the fee shall not be increased " Section 5 That Section 93-9 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§ 93-9 Storm Drainage Fund All storm drainage basin fees and storm drainage utility fees collected by the city and such other moneys as might be available to the city for the purposes of this chapter shall be paid into a special fund which is hereby created, to be known as the 'Storm Drainage Fund ' Such fund shall be used for the purpose of paying the cost of stormwater facilities to be constructed in the various storm drainage basins and paying the cost of operation, administration and maintenance of the storm drainage facilities of the City of Fort Collins It shall not be necessary that the operations, administration and maintenance expenditures from the fund relate to the particular basin from which the fees were collected, but it shall be necessary that capital expenditures from the fund relate to the particular basin from which the fees were collected To the extent that the storm drainage basin fees collected are insufficient to construct the needed stormwater facilities, the cost of the same may be paid from the general fund of the city but the City Council may order the reimbursement of the general fund if additional fees are thereafter collected All amounts on hand in such fund from time to time shall be invested by the Director of Finance in investments proper for city funds All funds collected pursuant to the storm drainage utility fee provisions of this chapter shall be separately designated as such and shall be used solely for the purposes established for the storm drainage utility fee All funds collected pursuant to the storm drainage basin fee provisions of this chapter shall be separately designated and used solely for the purposes established for said storm drainage basin fees " Section 6 That Section 93-10 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows -3- "§93-10 Storm drainage facilities required for subdivisions Prior to the final approval of the plat of any suhdivison, the owners of the property being subdivided shall , at such owners' cost prepare detailed plans and specifications for the construc- tion and installation of all stormwater facilities required for such subdivision includinq the facilities required to convey ,t- pv,`,r to exiting drains, retention ponds or other existing discharge points, all in conformity with the Master Plan of the storm drainage basins adopted by the City Council Such plans and specifications shall include an engineer' s estimate of the cost of constructing all such facilities The Director of Public Works shall review such plans, specifications and cost estimates and, after his approval of the same, the plat of the subdivision may be approved by the City subject to the city' s being furnished with acceptable assurance, by bond or otherwise, that such facilities will be constructed and installed as indicated and approved " Section 7 That Section 93-11 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§ 93-11 Credit for storm drainage basin fees for subdivisions Prior to final approval of a subdivision plat, the developer shall make satisfactory arrangements for payment of storm drain- age basin fees due for the subdivision The amount of the fee payable shall be reduced by the estimated cost of constructing the stormwater facilities to be installed by the developer Upon completion of installation of all such facilities, the amount of such reduction shall be adjusted to reflect the actual cost of the facilities To the extent that fees have not been paid but are still evidenced by an agreement to pay storm drainage basin fees, the adjustment shall be made by an amendment or endorsement to such agreement If all fees provided for have been paid, then any adjustment shall be made by cash payment " Section 8 That Section 93-12 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§ 93-12 Excess cost of constructing facilites in subdivisions In the event the facilities required to be constructed by the developer for a subdivision cost more than the storm drainage basin fees payable for the land in the subdivision, the city shall pay the excess cost out of the Storm Drainage Fund Such amount shall be payable upon completion of all required storm- water facilities and approval of the same by the city " Section 9 That Chapter 93 of the Code of the City of Fort Collins be, and the same hereby is, amended by the addition thereto of Section 93-15 to read as follows -4- "§ 93-15 Determination of Storm Drainage Basin fee There is hereby imposed on each and every undeveloped lot or parcel of land within the City and the owners thereof a storm drainage basin fee This fee is deemed reasonable and necessary to pay for the design, right-of-way acquisition, and construction or reconstruction of storm drainage facilities needed to protect the health, safety and welfare of the inhabitants of the various uasilis The store drair age basin fee established herein shall be based upon the cost of necessary facilities to be constructed, the area of each parcel of land, the runoff coefficient of said parcel , and the amount of on-site stormwater detention, if any, provided The Director of Public Works (Director) shall deter- mine the rates that shall apply to each parcel of land within the guidelines herein set forth and establish the basin fee in accordance with the rate together with the other factors set fortrr as follows A Runoff coefficient The runoff coefficient of each parcel of land shall be that used in the engineering formula known as the "Rational Method " The Director shall determine the runoff coefficient for each parcel of land based on the runoff coefficient typical for the particu- lar land use and/or zoning for said parcel in accordance with the following table Rational Method Runoff Coefficients Description of Area or Zoning Coefficient Business BP, BL 0 85 Business BG, HB, C 0 95 Industrial IL, IP 0 85 Industrial IG 0 95 Residential RE, RLP 0 45 Residential RL, ML, RP 0 50 Residential RLM, RMP 0 60 Residential RM, MM 0 65 Residential RII 0 70 Parks, Cemeteries 0 25 Playgrounds 0 35 Railroad Yard Areas 0 40 B On-site detention reduction factor The Director shall determine the appropriate on-site detention reduction factor for each parcel of land which provides on-site storm,ater detention which is not a part of a regional stormwater detention facility The on-site detention reduction factor shall be based on the volume of on-site stormwater detention provided per acre of gross area served by said on-site stormwater deten- tion facility, and shall be determined using the following nomograph -5- -DETF 71OV WEDUCTION FACT" Z kQ1"''OGRAPH IJ, 1 - I- T r �- 1-- 1 1T T FI �Lr J I _- _ ITS i _ LJ i I I L _I - I_ I T T��-; TT�TI-T 8 � - rr 7 , , TL I 1 --ll--f'� f , , , , , - 1- - / � 1 -f_� ! - _ __- I i T , I_ - LI , , I i r -r u ?:DL - _ - _ � LL IL _ I 1 -14 11 - - y1- ' TL J , i , fill i , ' lt I -I ^J '�r - , _ - r i - 1-Z-11J ITL i '- T , �l i K _ I -' L , I LL W 1 , , 1 _ I t _ IT I _I I , 1 r L1 L I I r Q LL _' -_ - T-- TI-r1 LI , --r, I l I i ' -I f . ' ~I , 1l �1 VM - - - - i , , I-4J W �l _ 1 1 L- -r- -��� _L , 1 ' 11 I I , �1 I-I I I I f , I -1 1 1 1--'�- I , 1 LIJ 1 , T - , -,� __ -- yTL 4 TrILL W __ 1T-r r,il 7T 1 O f- -_ -- - I -_ ,-, r- i I , _ rr y LU 1 +L� , I I 1 - r TIT , 1 I I I I w 1 _ , Lr I f 1-1 T , I I -r-- - I I I I I I - - - �! I , _ -�- _I { _ _1 IJ L 1 1 _--I I�~_- L - rJ L -- - r t Lif- 1 I - ��--- -_ —_7 - ib _ I ;� _ 1 RI DIJCTIOIv FACI OR C Basin fee base rate The storm drainage basin fee base rate is founded upon the estimated or actual cost of necessary improvements and facilities identified in the various basin master plans and is established for the basins as follows Basin Basin fee base rate Foothills $4740 per gross acre Fox Meadows 3956 per gross acre McClellands-Mail Creek 5325 per gross acre All other basins $0 (zero) D Area The basin fee calculation for each parcel of land shall be predicated upon the gross area (in acres) of said parcel E Calculation The storm drainage basin fee for each parcel of land shall be calculated in accordance with the following formula Basin fee = (runoff coefficient ) X (on-site detention reduction factor) X (basin fee base rate) X (area)" Section 10 That Section 93-16 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "§ 93-16 Storm drainage utility fee Subject to the provisions of § 93-20 hereof, there is hereby imposed on each and every developed lot or parcel of land within the city and the owners thereof a storm drainage utility fee This fee is deemed reasonable and is necessary to pay for the operation, maintenance, administration and routine functions of the existing city storm drainage facilites and the operation, maintenance and administration of such future storm drainage facilities as may be established within the city, and to pay for the design, right-of-way acquisition, and construction or recon- struction of storm drainage facilities to the extent that such costs have been determined to be the responsibility of developed properties All of the proceeds of this fee are deemed to be in payment for use of the city storm drainage system by the real property on and with respect to which the charge is imposed and the owners thereof " Section 11 That Section 93-18 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows -6- "§ 93-18 Determination of storm drainage utility fee The storm drainage utility fees established herein shall be based upon the area of each lot or parcel of land, the runoff coef- ficient of said lot or parcel , and the drainage basin in which s _rd lot or Frarcpl rs lu(. 31tld Tne Director of Public llor'rs shall determine the rates that snall apply to each specific lot or parcel of land within the guidelines herein set forth and shall establish the utility fee in accordance with the rate together with the other factors set forth as follows A Runoff coefficient (1) Each lot or parcel of land shall be placed in one (1) of five (5) specific categories hereinafter referred to as 'basic categories of development, ' based upon the land use characteristics for said lot or parcel The runoff coefficient as used in the engineering formula known as the ' Rational Method' shall be used as the basis for assigning basic categories of development as follows Basic Category Runoff of Development Coefficient Very light 0 - 0 30 Light 0 31 - 0 50 Moderate 0 51 - 0 70 Heavy 0 71 - 0 90 Very heavy 0 91 - 1 0 (2) The Director shall determine the basic category of development for each lot or parcel of land based on the runoff coefficient typical for the particular land use and/or zoning for that lot or parcel B The rate factor for each basic category of development shall be as follows Basic Category Rate of Development Factor Very light 0 25 Light 0 4 Moderate 0 6 Heavy 0 8 Very heavy 0 95 C The base rate for the storm drainage utility fee shall be as follows -7- (1) The operations and maintenance base rate (0 & M base rate) shall be $0 000285 per square foot per month for all areas of the City (2) The capital improvements base rate (capital base rate) snall be as follows Basin Capital Base Rate Foothills $ 000109 per square foot per month Fox Meadows 000100 per square foot per month McClellands-Mail Creek 000260 per square foot per month All other basins $0 (zero) per square foot per month D The monthly storm drainage utility fee for each lot or parcel of land [except single-family residential parcels larger than twelve thousand (12,000) square feet] shall be based on the following formula (with all area calculations in square feet) Monthly Fee = (lot area) X (rate factor) X (0 & M base rate + capital base rate) E Single-family residential parcels larger than twelve thousand (12,000) square feet shall be assessed on the basis of the first twelve thousand (12,000) square feet in accordance with the formula described in Subsection D above, and the re- mainder shall be assessed in accordance with the following formula Remainder of monthly fee = (remaining area) X (rate factor) X (0 & M base rate + capital base rate) X (1/4) F The minimum charge for any lot or parcel shall be sixty-two cents ($0 62) per lot or parcel per month " Section 12 That Section 93-23, subsection (A) of the Code of the City of Fort Collins be, and the same hereby is , amended to read as follows "A Any owner or owners who dispute the amount of the storm drainage utility fee or the storm drainage basin fee made against such owners' property or who dispute any determi- nation made by or on behalf of the city pursuant to and by the authority of this chapter may petition the Director of Public Works (Director) for a hearing on a revision or modification of such charge or determination no later than -8- thirty (30) days after having been billed for such charge or after having been notified of such determination The director may hold such hearings himself or, at his sole discretion, may designate an officer or employee of the Department of Public Works as a hearing officer with au- `ro-ir ; to hold such tied ing or such hearings S.ich peti- tions nay be filed only once in connection with any such charge or determination, except upon a showing of changed circumstances sufficient to ,justify the filing of such additional petition " Section 13 That Section 93-26 of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows " § 93-26 Disposition of fees and charges The fees and charges paid and collected by virtue of this chapter shall not be used for general or other governmental or proprie- tary purposes of the city, except to pay for the equitable share of the cost of accounting, management and government thereof Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, repair, maintenance, improvements , renewal , replacement , reconstruction, design, right-of-way acquisition , and construction of public storm drainage facilities and costs incidental thereto " Introduced, ronsidered favorably on first reading, and ordered pub- lished this day of _ A D 1981 , and to be presented for final passage on the day of A D 1981 Mayor ATTEST City Clerk Passed and adopted on final reading this _ -lay of , A D 1981 Mayor ATTEST City Clerk -9-