HomeMy WebLinkAbout146 - 11/17/2015 - AMENDING CHAPTER 26 OF CITY CODE TO REVISE THE STORMWATER PLANT INVESTMENT FEES ORDINANCE NO. 146, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REVISE THE STORMWATER PLANT INVESTMENT FEES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6 of the
Charter of the City of Fort Collins, to by ordinance from time to time fix, establish, maintain and
provide for the collection of such rates, fees or charges for utility services furnished by the City
as will produce revenues sufficient to pay the costs, expenses, and other obligations as set forth
therein; and
WHEREAS, Article 111, Chapter 26 of the City Code establishes the stormwater utility as
a utility service furnished by and an enterprise of the City; and
WHEREAS, City Council has adopted stormwater basin and City-wide master plans
recommending stormwater facilities necessary to provide for proper drainage and control of
flood and surface waters within the City; and
WHEREAS, in 1998, City Council adopted ordinance No. 168, 1998, determining that all
lands within the City benefit by the installation of such stormwater facilities; and
WHEREAS, existing stormwater rate payers have paid for the design, right of way, and
construction of stormwater facilities identified in the drainage basin mater plans that will benefit
and be utilized by new development; and
WHEREAS, City Council has determined that new development should pay its
proportionate share of the costs of capital stormwater facilities in existence at the time of
development in the form of a stormwater plant investment fee as established by City Code
Section 26-512 ("Stormwater PIF"); and
WHEREAS, City Code Section 26-511(a) requires that the City Manager review the rates
and parameters for the Stormwater PIF annually and present them to City Council for approval
no less frequently than biennially; and
WHEREAS, on November 5, 2013, City Council adopted Ordinance No. 142, 2013,
which established the Stormwater PIF now in effect; and
WHEREAS, the City Manager and City staff have recommended to City Council
adjustment of the scope of the Stormwater PIF imposed by City Code Section 26-512 to include
in its calculation the City's quantifiable and reasonable growth-related costs for impacts to
Utilities Services' capital administrative facilities that are reasonably related to the overall cost
of and required in providing stormwater services to serve new development, as permitted by
Colorado law; and
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WHEREAS, the City Manager and City staff have also recommended to the City Council
adjustment of the Stormwater PIF as set forth herein to be effective January 1, 2016; and
WHEREAS, the Water Board considered the proposed Stormwater PIF adjustments for
2016 at its meeting on September 17, 2015 and recommended approval of the proposed
adjustments by a unanimous vote; and
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WHEREAS, based on the foregoing, City Council desires to amend Chapter 26 of the
City Code to adjust the scope and rate of the Stormwater PIF as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-5.12 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-512. - Stormwater plant investment fees established.
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 plant investment fee. The fee is deemed reasonable and necessary to pay for a
new development's share of the existing equity in the capital stormwater facilities,—that
have been installed for the protection of the health, safety and welfare of the inhabitants
of the City and the Utilities' capital administrative facilities that are reasonably related to
the overall cost of and required in providing stormwater services to serve new
development. The stormwater plant investment fee established herein shall be determined
using the base rate, the area,of each parcel of land, and the runoff coefficient of the
parcel. The Utilities Executive Director shall determine the stormwater plant investment
fee that applies to each parcel of land 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 Utilities
Executive Director shall determine the runoff coefficient for each parcel of land
based on the following formula:
Runoff coefficient = [(percent effective impervious area) x 0.951 + [(percent
pervious area) x 0.20] + [(percent semipervious area) x 0.50)]
The following definitions shall apply for the purpose of such formula:
Percent effective impervious area shall mean the percentage of the total parcel area
determined to constitute the equivalent impervious area on a parcel as calculated for the
one-hundred-year, two-hour Fort Collins Design Storm as defined in Volume 1, Chapter
4, of the Fort Collins Stormwater Criteria Manual. The determination shall be made
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using the procedures and methodology described in Volume 3, Sections 4 and 5, of the
Stormwater Criteria Manual.
Percent pervious area shall mean the percentage of the total parcel area that is pervious,
such as lawn, open space or planted areas.
Percent semipervious area shall mean the percentage of the total parcel area that is
semipervious, such as gravel areas.
(2) Plant investment fee base rate. The stormwater plant investment fee base rate is
hereby established as follows:
Per gross acre of area $8,217
(3) Area. The stormwater plant investment fee calculation for each parcel of land
shall be predicated upon the gross area in acres of the parcel.
(4) Calculation.
a. Initial improvements. The stormwater plant investment fee for each parcel
of land shall be calculated in accordance with the following formula:,
Plant investment fee = (runoff coefficient) x (Plant investment fee base
rate) x (area). 1
b. Additions, expansions, increased impervious area. The stormwater plant
investment 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: '
Plant investment 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.
Section 3. That the modifications set forth above shall be effective for all fees paid
on or after January 1, 2016.
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Introduced, considered favorably on first reading, and ordered published this 3rd day of
November, A.D..2015, and to be presented for final passage on the 17th day of November, A.D.
2015.
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Passed and adopted on final reading on the 17th day of November, A.D. 2015.
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