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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 Y 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 -2- i 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 -3- 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 -4- 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 -5- z Passed and adopted on final reading this 17th day of August_ , A D , 1976 II �V Mayor ATTEST Ci y Clerk -6-