HomeMy WebLinkAbout174 - 12/15/1981 - ESTABLISHING A STORM DRAINAGE UTILITY FEE AND A STORM DRAINAGE BASIN FEE FOR THE DESIGN, RIGHT-OF-WA ORDINANCE NO 174 , 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-
OF-WAY ACQUISITON, AND CONSTRUCTION OF STORM
DRAINAGE CAPITAL IMPROVEMENTS, 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 plans 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 the
City of Fort Collins be, and the same hereby is, amended to read as fol-
lows
"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 who dispute any determination made 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 fron 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 against 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 a lot or parcel of land upon which a
building has not been erected, the City may require the payment
of the storm drainage basin fee as a condition of issuance of a
certificate of occupancy required for the development of the pro-
perty The storm drainage basin fee shall be payable at any time
from and after the approval of the plat of a subdivision, or, in
the case of unplatted property, upon the issuance of a building
permit, and not before Any fees not otherwise collected may be
collected through special assessments levied in a local assess-
ment district created pursuant to Chapter 16 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
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"§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
installing facilities 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 for
said purposes were collected, but it shall be necessary that
capital expenditures from the fund relate to the particular basin
from which the fees for such purposes were collected To the
extent that the storm drainage basin fees collected are insuffi-
cient to construct the needed stormwater facilities, the cost of
the same may be paid from such city fund as may be determined by
the City Council but the City Council may order the reimbursement
of such 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 provisions of
this chapter for operation, administration and maintenance shall
be separately designated as such and shall be used solely for
those purposes All funds collected pursuant to the provisions
of this chapter for capital expenditures shall be separately
designated and used solely for those purposes "
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 subdivison, 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, including the facilities required to convey
stormwater to existing 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 subject to the city' s being furnished with
acceptable assurance 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
The amount of the storm drainage basin fee payable by a developer
shall be reduced by the estimated cost of constructing the
stormwater facilities recommended in the various basin master
plans 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 storm drainage basin fees have not been paid
but are still evidenced by an agreement to pay the same, the
adjustment shall be made by an amendment or endorsement to such
agreement If all such fees 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
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"§ 93-15 Determination of Storm Drainage Basin Fee
There is hereby imposed on each and every lot or parcel of land
within the City upon which a building has not been erected, 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 basins The storm
drainage 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 determine 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 forth 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 RH 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
stormwater 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
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ON - SITE uETENTION REDUCTION FACTOR NOMOGRAPH
• 95
11,000
10,000
8
9,000
8,000 7
w -
LL
a 7,000
or -Woof 6 Z
W Z:)
a cr
w 6,000 0
O
W
LL
U 5Z
m W
5,000 U
LL
F,.F
O
ZO 4 U
F— 4,000
Z
W
F—
W
H 3,000
i
Z
O
2,000 .100
1,000
0
LO 9 8 7 6 5 4 3
REDUCTION FACTOR
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 2877 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
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"§ 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
said lot or parcel is located The Director of Public Works
shall determine the rates that shall 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
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(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)
shall 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 The Director
-8-
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 authority to hold
such hearing or such hearings Such petitions may be filed
only once in connection with any such charge or determin-
ation, except upon a showing of changed circumstances suf-
ficient 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 provided ,
however, that if there are amounts in the fund in excess of the
amount requied to satisfy the purpose of the fund , the City
Council may, by ordinance, authorize the transfer of such excess
amount to any other fund of the city "
Introduced, considered favorably on first reading, and ordered pub-
lished this 17th day of November , A D 1981 , and to be presented for final
passage on tTe 15th day of December , A D 1981
Mayor
ATTEST
City Cle
r Passed and adopted on final reading this 151h day of nPrPmhPr, A D
1981
Ma or
ATT}EST,
O/ �a
City C1erK`,)
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