HomeMy WebLinkAbout061 - 08/17/1976 - RELATING TO STORM DRAINAGE PROVIDING FOR CONSTRUCTION AND INSTALLATION OF STORM DRAINAGE LINES DITCH R
ORDINANCE NO 61 1976
BEING AN ORDINANCE RELATING TO STORM DRAINAGE
PROVIDING FOR CONSTRUCTION AND INSTALLATION OF
STORM DRAINAGE LINES DITCHES AND DETENTION PONDS
ESTABLISHING A BASIS FOR PAYING FOR SUCH FACILITIES,
CREATING A STORM DRAINAGE BOARD AND ESTABLISHING
THE DUTIES OF THE STORM DRAINAGE BOARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
Section 1 Declaration of Purpose The City Council
hereby finds determi es and declares the necessity of
providing storm drainage lines and other facilities for the
drainage and control of flood and surface waters within the
City, including areas to be subdivided and developed in
order that storm and surface waters may be properly drained
and controlled and that the health property, safety and
welfare of the City and its inhabitants may be safeguarded
and protected
Section 2 __Prop�ertyy Owners to Provide Drainage Facilities
The City Council u�funds determi�nes and declares
under all attendant circumstances that the owners of property
within drainage basins in the City should provide the drainage
facilities necessary for the drainage and control of flood
and surface waters within drainage basins and also should
provide the facilities required to convey such waters from
the drainage basin to major drainage ways Therefore, the
cost of installing drainage facilities in a drainage basin
should be assessed (in whole or in part) against the lands
in the drainage basin The City Council further finds
determines and declares that all real property within a
drainage basin will be benefited by the installation of
drainage facilities within the basin since the development
of elevated lands increases the runoff of storm waters from
such lands causing increased amounts of storm water to flow
onto adjoining lands of lower elevation The owner of such
elevated land has a duty to prevent such increased runoff
from doing damage to other lands which duty will be met if
adequate storm drainage facilities are installed in the
drainage basin To the extent possible the charges assessed
against lands in a drainage basin for construction of drainage
facilities should take into account the amount of storm
water which will run off such lands after they have been
developed
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Section 3 Creation of Storm Drainage Board in order
to assist in administering this ordinance there is hereby
created a board of the City to be known as the Storm Drainage
Board (hereinafter referred to in this ordinance as the
"Board The Board shall consist of from five to seven
members as determined from time to time by the City Council
The City Council shall appoint all members of the Board
The term of office of members of the Board shall be four
years except that the initial appointment shall be made in a
manner which will achieve overlapping of terms The City
Council shall appoint persons to fill vacancies which may
exist on the Board from time to time
Section 4 City Administration The Department of
Engineering Services of the City Administration shall furnish
staff assistance to the Storm Drainage Board Such department
shall be responsible for developing plans, establishing
proposed design and construction standards and evaluating
proposals from subdividers and developers
Section 5 Duties of Storm Drainage Board The Board
shall make recommend iat ons to the City Counc 1 on all matters
concerning storm drainage facilities in the City The Board
shall recommend to the Council appropriate divisions of the
City into separate drainage basins, which basins shall be
separately assessed for storm drainage facilities to be
installed to serve each basin The Board shall also recommend
the facilities needed for each basin to provide adequate
storm drainage in the basin Such recommendations shall
include the following for each drainage basin
a The facilities to be installed
b The time and schedule for installation of
facilities
c The method of assessing costs of facilities to
be installed against property in the basin
d The portion of the cost of facilities to be
assessed against property in the district and the
portion (if any) of such cost which should be paid by
the City as a whole
Before making recommendation for any project, the Board
shall analyze the project and compare the benefits to be
achieved with the anticipated cost of the project No
project shall be recommended if the analysis indicates that
the cost of the project is greater than the benefits to be
achieved
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The Storm Drainage Board shall also review and make
recommendations to the City Council on a master drainage
plan to be developed for city-wide facilities by the City
Administration such recommendations to include proposed
methods of funding any master drainage plan as finally
approved
Section 6 Establishment of Storm Drainage Basin
After receiving the report and recommendation of the Storm
Drainage Board the City Council shall officially adopt by
resolution a Storm Drainage Map or Maps delineating the
boundaries of the storm drainage basin in the City and in
areas which may hereafter be annexed to the City Such map
may also indicate existing development of properties within
the basin zoning of properties and such other information
as may be determined to be advisable Such map shall after
adoption by the Council serve as official designation of
the respective drainage basins of the City, but such map may
be revised from time to time by the City Council to conform
with existing conditions
Section 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
established in amounts which will provide sufficient funds
to construct 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 the 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 existing
zoning as such improvements relate to the storm water which
will be discharged from the property It shall be proper
for the City Council to provide for the collection of the
storm drainage fee against property which has been developed
by a monthly charge to be added to the utility bills for
such property In the case of undeveloped property the
City Council may require the payment of the storm drainage
fee as a condition of approving subdivision plats, building
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permits utility taps or other permits required for the
development of the property Any fees not otherwise collected
may be collected through special assessments levied in a
local assessment district created pursuant to Chapter 16 of
the Code of the City of Fort Collins
Section 8 Re-establishment of Storm Drainage Fees
The City Council may from time to Elm by ordinance change
the amount of the storm drainage fee for a storm drainage
basin based upon revised estimates of the cost of installing
facilities in the basin Any such change shall be effective
only as to properties in a storm drainage basin which have
not paid any portion of the storm drainage fee assessed
against the property After collection of the storm drainage
fee is commenced as to a particular property, the amount of
the fee shall not be increased
Section 9 Storm Drainage Fund All storm drainage
fees collected by the City shall-Fe—paid into a special fund
which is hereby created to be known as the Storm Drainage
Fund Such fund shall be used only for the purpose of
paying the cost of storm water facilities to be constructed
in the various storm drainage basins but it shall not be
necessary that expenditures from the fund relate to the
particular basin from which the fees were collected To the
extent that the fees collected are insufficient to construct
the needed storm water 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
Section 10 Subdivisions - Storm Drainage Facilities
Required Prior to the final approval of the plat of any
subdivision the owners of the property being subdivided
shall at such owners cost prepare detailed plans and speci-
fications for the construction and installation of all storm
water facilities required for such subdivision, including
the facilities required to convey storm water to existing
drains retention ponds or other existing discharge point
all in conformity with the master plan of the Storm Drainage
Basin adopted by the City Council Such plans and specifica-
tions shall include an engineer' s estimate of the cost of
constructing all such facilities The Director of Engineering
Services 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 Council subject
to the City being furnished with acceptable assurance (by
bond or otherwise) that such facilities will be constructed
and installed as indicated and approved
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Section 11 Subdivisions - Credit For Storm Drainage
Fees Prior to final approval of a subdivisionplat the
developer shall make satisfactory arrangements for payment
of storm drainage fees due for the subdivision The amount
of the fee payable shall be reduced by the estimated cost of
constructing the storm water 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 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 12 Subdivisions - Excess Cost of Constructing
Facilities In the event f c litre res equ ri ed to be constructed
by the developer for a subdivision cost more than the storm
drainage 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 13 City Responsible for Accepted Facilities
ies All storm water facilites c cted, installe o�ded
hereunder shall upon acceptance of the same by the City
become the property of the City and the City thereafter
shall be responsible for the operation and maintenance of
the same
Section 14 city to Cooperate with Larimer County
The City shall in all ways and within the 1 m t of its
powers, solicit the County of Larimer to cooperate in providing
drainage facilities in drainage basins, or parts thereof
extending outside the City limits and in general to carry
out the drainage plan developed therein Maps showing all
drainage basins and proposed facilities shall be furnished
to the Larimer County Commissioners for their use in this
matter
Introduced, considered favorably on first reading, and
ordered published this 3rd day of August , A D ,
1976 and to be presentee-or final passage on the 17th day
of August , A D , 1976
ATTEST Mayor
f(
/aA /
City Clerk
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Passed and adopted on final reading this 17th day of
August_ , A D , 1976
II �V
Mayor
ATTEST
Ci y Clerk
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