Loading...
HomeMy WebLinkAbout085 - 07/16/1991 - AMENDING CITY CODE RELATING TO FLOOD PREVENTION AND PROTECTION AND THE STORMWATER UTILITY ORDINANCE NO. 85, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 10, 26 AND 29 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO FLOOD PREVENTION AND PROTECTION AND THE STORMWATER UTILITY WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that the variance procedure as established in Section 10-38 of the Code be amended to provide greater particularity with respect to appeals to the Storm Drainage Board; and WHEREAS, the Council has further determined that various sections of Article VII of Chapter 26 of the Code pertaining to the City's Stormwater Utility should be modified for the purpose of providing better clarification of present provisions of the Code and/or providing better regulation and application of the City's Stormwater Utility Code; and WHEREAS, the Council has further determined that Section 29-679 of the Code should be amended to provide that prior to the issuance of any certificate of occupancy, a licensed professional engineer shall certify the proper construction of all applicable storm drainage facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 10-38(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 10-38. Variance procedure. (b) The Storm Drainage Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Director in the enforcement or administration of this Article. Persons desiring to appeal a decision of the Director to the Storm Drainage Board shall at the time of making such appeal pay to the Financial Officer a docket fee in the amount of Twenty-five Dollars (b25.00) . Written notice of hearing shall be given to the appellant at least three (3) days prior to the hearing by mailing the notice to the appellant's last known address by regular mail . The board shall from time to time adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. Section 2. That Sections 26-491 and 26-492 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-491. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: 1 Major stormwater system means those stormwater facilities identified in the master drainage plans that facilitate the conveyance of stormwater runoff on a basin wide or regional basis. Minor stormwater system means all stormwater facilities used for the conveyance, control or storage of storm runoff of local benefit only. These facilities generally direct storm runoff to major stormwater systems. Stormwater facilities means any one or more of various devices used in the collection, treatment or disposition of storm, flood or surface drainage waters, including manmade structures and natural watercourses and or floodplains for the conveyance of runoff, such as detention or retention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catchbasins, inlets, pumping plants and other equipment and appurtenances and all extensions, improvements, remodeling, additions and alterations thereof; and any and all rights or interests in such stormwater facilities. Stormwater runoff means that part of snowfall , rainfall or other stormwater which is not absorbed, transpired, evaporated or left in surface depressions, and which then flows controlled or uncontrolled into a watercourse or body of water. Subdivider or developer shall mean any person, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale and lease of a subdivision, planned unit development, lot, or building expansion. Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots or sites. Sec. 26-492. Declaration of purpose. The City Council hereby finds, determines and declares the necessity of providing stormwater 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, pollution may be reduced and the environment enhanced and that the health, property, safety and welfare of the city and its inhabitants may be safeguarded and protected. Section 3. That Section 26-495 of the Code of the City of Fort Collins is hereby amended to read as follows: 2 Sec. 26-495. Duties of Storm Drainage Board. (a) The Storm Drainage Board shall make recommendations to the City Council concerning stormwater facilities in the city. The board shall recommend to the City Council the appropriate division of the city into separate drainage basins. These basins shall separately fund the stormwater facilities to be installed to serve each basin. The board shall recommend the facilities needed for each basin to provide adequate stormwater drainage in the basin. Such recommendations shall include the following for each drainage basin: (1) The facilities to be installed; (2) The time and schedule for installation of facilities; (3) The method of assessing costs of facilities to be installed against property in the basin; and (4) The portion of the cost of facilities to be funded by the property in the district and the portion, if any, of such cost which should be paid by the city as a whole. (b) Before making a recommendation for any project, the Storm Drainage Board shall analyze the project and compare the total benefits to be achieved with the anticipated cost of the project. Projects shall be recommended if the analysis indicates that the total benefits are greater than the cost of the project. (c) The Storm Drainage Board shall review and make recommendations to the City Council on a master drainage plan to be developed for stormwater facilities by the city administration. Such recommendations shall include proposed methods of funding any master drainage plan as finally approved. (d) The Storm Drainage Board shall consider all variances and appeals from the application of the provisions of Chapter 10, Flood Prevention and Protection. (e) The Storm Drainage Board shall hear the petition of any owner or owners of property in the city who dispute the amount of the stormwater utility fee or stormwater 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 Article and shall make such revision or modification of such charge or determination as it shall deem appropriate in accordance with § 26- 520. (f) The Storm Drainage Board shall make recommendations to City Council regarding policy or technical matters related to stormwater 3 management. The Board shall make comments on policy items prepared by other city departments. (g) The Storm Drainage Board shall hear the petition of any owner or owner of property in the city who disputes or seeks a variance in the city's "Storm Drainage Design Criteria and Construction Standards" . (h) Final decisions of the Storm Drainage Board under paragraphs (d) , (e) , (f) , and (g) of this section shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq. Section 4. That Sections 26-511 through 26-514 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-511. Stormwater fees. (a) After establishing the stormwater basins and after receiving the report from the Storm Drainage Board on a particular stormwater basin, the City Council may establish by ordinance stormwater fees to be paid by the owners of property in the stormwater basin. Such stormwater fees shall be established in amounts which will provide sufficient funds, proportionately calculated and assessed, to construct the facilities which need to be installed in the basin. The amount of the fees assessed against individual properties and the method of collecting the fees shall be established by the ordinance. All fees collected and not expended within fifteen (15) years of the date of collection shall be refunded together with interest at the statutory rate to the owner of the property from which the fee was originally generated. The city shall give written notice by first-class mail to the last address on file with the city of the landowner or landowners entitled to such refund. If such landowner or landowners do not file a written claim for such refund with the city within ninety days of the mailing of such notice, such refund shall be deemed forfeited and shall revert to the city. (b) It shall be proper for the City Council to provide for the collection of the stormwater utility fee against property which has been developed by a monthly charge to be added to the utility bills for such property. (c) The city may require the payment of the stormwater basin fee as a condition of issuance of a full building permit, or if no building permit is required, upon commencement of construction. The stormwater basin fee shall be payable at any time 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. (d) Any fees not otherwise collected may be collected through special assessments levied in a local assessment district created pursuant to Chapter 22. Sec. 26-512. Stormwater basin fees established. 4 There is hereby imposed on each and every lot or parcel of land within the city with respect to which any improvement creates an impervious surface covering more than three hundred fifty (350) square feet of the lot or parcel , and the owners thereof, a stormwater basin fee. The fee is deemed reasonable and necessary to pay for the design, right-of-way acquisition and construction or reconstruction of major stormwater systems needed to protect the health, safety and welfare of the inhabitants of the various basins. The stormwater 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 the parcel and the amount of on-site stormwater detention, if any, provided. The Director of Utility Services 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: (1) 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 of Utility Services shall determine the runoff coefficient for each parcel of land based on the following formula: C = Percent Impervious Area x 0.95 + Percent Pervious Area x 0.20 + Percent Semipervious Area x 0.50. Impervious shall mean roof, asphalt, cement, etc. Pervious shall mean lawn, open space, etc. Semipervious shall mean gravel , etc. (2) On-site detention reduction factor. The Director of Utility Services 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 the on-site stormwater detention facility, and shall be determined using the nomograph in § 26-523. (3) Basin fee base rate. The stormwater 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: 5 Basin fee base rate Basin (per gross acre) Foothills $ 5,024. Fox Meadows 4,253. McClelland-Mail Creek 3,232. Spring Creek 1,610. Canal Importation 5,375. Dry Creek 4,043. West Vine 7,004. Evergreen- Greenbriar 10,000. Fossil Creek 2,274. All other basins 0. (4) Area. The stormwater basin fee calculation for each parcel of land shall be predicated upon the gross area in acres of the parcel . (5) Ca7cu7ation. a. Initial Improvements. The stormwater 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) . b. Additions, expansions, increased impervious area. The stormwater basin fee calculation for each developed parcel of land upon which an addition or expansion is proposed, whether attached to an existing structure or not, shall be calculated in accordance with the following formula: Basin fee shall equal the difference between the fee as calculated in accordance with the formula set forth in subparagraph (a) of this subsection for the parcel with all existing and proposed improvements and the same parcel with only the existing improvements. Sec. 26-513. Stormwater utility fee. Subject to the provisions of § 26-511, there is hereby imposed on each and every developed lot or parcel of land within the city and the owners thereof a stormwater utility fee. This fee is deemed reasonable and is necessary to pay for the operation, maintenance, administration and routine functions of the existing city stormwater 6 facilities and the operation, maintenance and administration of such future stormwater facilities as may be established within the city and to pay for the design, right-of-way acquisition and construction or reconstruction of major and minor stormwater systems 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 stormwater system by the real property on and with respect to which the charge is imposed on the owners. Sec. 26-514. Determination of stormwater utility fee. The stormwater utility fee shall be based upon the area of each lot or parcel of land, the runoff coefficient of the lot or parcel and the stormwater basin in which the lot or parcel is located. The stormwater utility fee shall include both the Operation and Maintenance (0&M) monthly fee and the Capital Improvements (IMP) monthly fee. The Director of Utility Services 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: (1) Runoff coefficient. a. 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 the 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 rate factors for 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--1.00 b. The Director of Utility Services 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 . (2) The rate factor for each basic category of development shall be as follows: 7 Basic category Rate of development factor Very light 0.25 Light 0.40 Moderate 0.60 Heavy 0.80 Very heavy 0.95 (3) The base rate for the stormwater utility fee shall be as follows: a. The operations and maintenance base rate (0 and M base rate) shall be $0.0004904 per square foot per month for all areas of the city. b. The capital improvements base rate (IMP base rate) shall be as follows: IMP base rate (per square foot Basin per month) Foothills $0.0006042 Fox Meadows 0.0009322 McClelland/Mail Creek 0.0010417 Spring Creek 0.0005542 Canal Importation 0.0009042 Dry Creek 0.0004943 West Vine 0.0005833 Evergreen Park/ Greenbriar 0.0010417 Fossil Creek 0.0010417 All other basins 0.0000000 (4) The monthly stormwater 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: 0&M monthly fee = (lot area) x (rate factor) x (0 and M Base rate ) . IMP monthly fee = (lot area) x (rate factor) x (IMP base rate) . (5) 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 8 in accordance with the formula described in (4) above and the remainder shall be assessed in accordance with the following formula: Remainder of 0&M monthly fee = (remaining area) (rate factor) x (0 and M base rate ) x (0.25) . Remainder of IMP monthly fee = (remaining area) x (rate factor) x (IMP base rate) x (0.25) . (6) The minimum stormwater utility fee charge for any lot or parcel shall be sixty-two cents (b0.62) per lot or parcel per month. Section 5. That Section 26-517 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-517. Certain properties exempt from stormwater utility fee. The stormwater utility fee shall not be collected in connection with any city street, road or alley, or any railroad right-of-way used exclusively for trackage and related safety appurtenances. Section 6. That Section 26-519 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-519. Unpaid charges to be a lien. All fees made pursuant to this Article shall be a lien upon the property to which such fee is associated from the date fee becomes due until such fee is paid. The owner of every building, premises, lot or house shall be obligated to pay the fee for all service provided for the premises which obligation may be enforced by the city by action at law or suit to enforce the lien. In the case that a tenant in possession of any premises or buildings shall pay the charges, it shall relieve the landowner from such obligation and lien but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this Article and the failure of any owner to learn that he or she purchased property against which a lien for stormwater utility fees exists shall in no way affect the responsibility for such payment. Any delinquent amount may be enforced by assessment upon the property and premises served and certification to the county Treasurer for collection under and pursuant to the authority and procedure provided in Chapter 22. Section 7. That Sections 26-543(b) through 26-548 of the Code of the City of Fort Collins are hereby amended to read as follows: 9 Sec. 26-543. Master drainage plans. (b) The above master drainage plans are on file in the office of the City Clerk. The city may adopt additional master drainage plans by reference and declare them to be a part of this Article and copies of such master drainage plans shall be on file in the office of the City Clerk. The plans may be modified by the Director of Utility Services for the sole purpose of enhancing such plan, provided that such enhancement does not diminish the general purpose and specific objectives of the adopted plan and does not diminish the ability of the plan to address the disposition of stormwater runoff in the applicable basin, and if modified, the modification shall be filed in the office of the City Clerk. Sec. 26-544. Stormwater facilities required for subdivisions. Prior to the final approval of the plat of any subdivision, or prior to commencement of construction upon any lot or parcel of land for which a drainage report and construction plan for the installation of stormwater facilities has not been prepared and approved by the city, the owners of the property being subdivided or upon which construction is being commenced shall , at such owners' cost prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision or lot, including any off-site facilities required to convey stormwater to existing drains, channels, streams, detention ponds or other points, all in conformity with the master plan of the stormwater basins and the Design Criteria and Construction Standards adopted by the City Council . The Director of Utility Services shall review such reports, plans and costs estimates; and after approval of the same, the plat of the subdivision or the building permit, if applicable 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. Sec. 26-545. Credit for construction of major basin improvements. (a) If the stormwater utility requires a developer to construct major stormwater system improvements that serve more than that development and are identified in a basin master plan, a portion of the actual costs incurred may be eligible for basin reimbursement from the storm drainage fund. To be eligible for basin reimbursement, prior to final approval of the development agreement the developer must submit to the stormwater utility a report detailing the proposed Basin improvements and obtain the city' s approval of the report. The report must identify all elements of the project eligible for reimbursement and include a detailed project description, a project bid form with estimated quantities, unit prices, engineering design and construction management costs. The report must also provide an accurate quantity and cost 10 delineation between the proposed basin improvements and the stormwater improvements necessary to meet the standard requirements of the development. The stormwater basin reimbursement shall be paid in cash subject to the provisions of this section, or at the option of the developer, may be taken as credit toward the total basin fees due for the developed property with regard to which the basin improvements are being constructed. If more than two (2) years elapse from the approval date of the development agreement without substantial progress toward the construction of all improvements eligible for basin reimbursement, the reimbursement obligation shall terminate. The developer may request and the Director of Utility Services may approve extensions of the obligation for additional one-year periods. (b) Subject to the provisions of paragraph (d) of this Section and submission to and approval by the city of completed genuine and non-collusive bid forms from at least three (3) responsible contractors and completed genuine and non-collusive proposals from at least three (3) responsible engineers showing that the contractor and engineer submitting the lowest responsible bid/proposal will be awarded the project (if it is infeasible for the developer to obtain bids/proposals from at least three (31 responsible contractors and/or engineers, the Director of Utility Services shall determine whether the bid[s]/proposal [s] received are reasonable and whether the contractor and engineer are responsible) , the city will make basin reimbursement upon completion of the required stormwater improvements, approval by the stormwater utility and submittal by the developer of copies of the following: (1) The contractor's invoice(s) for payment as approved by the developer's engineer separating the quantities and actual costs of the basin improvements from the improvements necessary to meet the standard requirements of the development; (2) Invoice(s) from the developer's engineer clearly showing any fees charged for work which is eligible for basin reimbursement; (3) A certification from the contractor and the engineer certifying that payment has been received for work eligible for basin reimbursements or, in the alternative, written authorization from the developer for the city to make direct payment(s) to the contractor and/or engineer; and (4) Any other information deemed necessary by the Director of Utility Services or required by the development agreement. (c) The books and records of the developer relating to the stormwater facilities for which the utility is provided basin reimbursement shall be open to the city at all reasonable times for the purpose of audit and/or verification of costs. 11 (d) If the estimated cost of improvements eligible for basin reimbursement for a development exceeds the amount of funds budgeted and appropriated to cover such costs, the Director of Utility Services will recommend inclusion of such costs in the next available budget submittal to the City Council . Upon approval and appropriation by the City Council , such costs will be reimbursed from the storm drainage fund. Sec. 26-546. Assessment for off-site stormwater improvements. (a) When any developer constructs stormwater facilities on or through undeveloped areas to serve the property or to meet the requirements for developing the property, the entire cost of such facilities if they are not identified as an element of a basin master plan shall be the responsibility of such developer. If the facility is identified in a basin master plan, but only a portion of the cost is eligible for basin reimbursement from the storm drainage fund, the balance of the cost if the responsibility of that developer. However, if the developer enters into a repayment agreement with the city within ninety (90) days of the completion and approval by the stormwater utility of such drainage improvement, then at the time the property abutting or contributing stormwater runoff to the off-site stormwater facility is developed and a building permit is issued, the city may assess a charge per linear foot to the abutting property developer, and/or at the option of the city, may assess a change based upon the proportionate amount of stormwater contribution attributable to such property being developed, and if collected, the city shall repay the original installer to the extent of such collection after deducting a service charge of three (3) percent to cover administrative costs. All costs for the original construction of the stormwater facility must be fully paid by the installer before the installer is entitled to repayment under any agreement established pursuant hereto. (b) The amount of the repayment assessed by the city for each property as it develops shall be based on the original cost of the design and construction of the stormwater facilities plus any reasonable amount mutually agreed upon between the original installer and the city to reflect the effects of inflation. However, in no case shall the charge reflect less than the original cost of the installation through the undeveloped properties. Adjustments for inflation may be based on the construction cost index for Denver, Colorado, as published monthly by the "Engineering News Record. " (c) In order to obtain city approval of a repayment agreement for off-site stormwater improvements, the developer shall provide the city within sixty (60) days from final city approval of the construction of the stormwater facilities, copies of those items listed in § 26-545(c) . In addition, the developer must provide a map prepared by a licensed engineer or surveyor which shows: 12 (1) The location of the facilities constructed; (2) The name of the owner of each property which abuts or contributes stormwater runoff to the facility; (3) The assessment for each property based on the original cost, together with the method of calculation of such assessment; (4) The acreage and parcel number of each property ; and (5) A reference to the book and page and reception number from the records of the county Clerk and Recorder where the information for each property was obtained. (d) The term of any repayment agreement established hereunder shall not exceed ten (10) years from the date of its execution. The City Council may approve one (1) extension of the agreement for an additional period of up to ten (10) years, if application for the extension is made prior to the expiration of the original ten-year term. (e) The books and records of the developer relating to the stormwater facilities for which the developer seeks repayment shall be open to the city at all reasonable times for the purpose of audit and verification of costs. Sec. 26-547. City to maintain stormwater facilities; exception. The city shall maintain all accepted public stormwater facilities located within city-owned land, city rights-of-way and city easements and may maintain other accepted public stormwater facilities located within or adjacent to the city. Such public stormwater facilities include those facilities which have been designed and constructed expressly for use by the general public. Such public stormwater facilities do not include facilities not accepted by the city for maintenance. For purposes of this section "for use by the general public" means direct use and benefit of the general public. Sec. 26-548-26-565. Reserved. Section 8. That Section 29-679(a)(5) through 29-679(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 29-679. Required improvements prior to issuance of certificate of occupancy. (5) The city shall be provided with a certification by a licensed professional engineer that all stormwater drainage facilities required by the city to serve the property and to protect downstream property have been 13 constructed in conformance with the approved plans and drainage report, if any. Such certification shall be in the form required pursuant to the Storm Drainage Design Criteria and Construction Standards of the city. (6) Other. All other improvements required as a condition of approval of the plat shall be completed. (b) Where applicable, the person requesting a certificate of occupancy shall be required to conform to the provisions of §§ 10- 36 and 10-37 by submitting a post construction floodproofing elevation certificate to the Director of Utility Services for permanent records. Introduced, considered favorably on first reading, and ordered published in summary form this 2nd day of July, A.D 1991, and to be presented for final passage on the 16th day of July, A.D. 1991 . Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of July A.D. 1991. 'Mayor ATTT%EST: City Clerk 14