Loading...
HomeMy WebLinkAboutRIDGE ANNEXATION & ZONING - 1-89, A - CORRESPONDENCE - STORMWATER-RELATED DOCUMENTSUtility Sees Stormwater March 29, 1989 Mr. Sanford Thayer 1827 Michael Lane Ft. Collins, CO 80526 Dear Sandy, Enclosed you will find a copy of the City Code as it relates to the Stormwater Utility. Specifically, I have highlighted sections 26-520 regarding the appeals of fees we discussed on the phone. As I mentioned, the fee for the residence on your 35 acre parcel being considered for annexation would be approximately $4.26 per month based on an area of 7,650 square feet. This area is the immediate area around this residence as identified from an aerial photo. If you have any questions on the above please don't hesitate to call me. Good talking to you again. Sincerely, 15E Robert Smith Stormwater Utility Manager cc: Aen Wai do Paul Eckman 235 Mathews • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6589 • • UTILrI'IES ARTICLE VII. STORMWATER UTILITY* DIVISION 1. GENERALLY Sec. 26-491. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings as- cribed to them in this Section: Subdivider or developer shall mean any person, partnership, joint venture, association or corpo- ration who shall participate as owner, promoter, developer or sales agent in the planning, plat- ting, development, promotion, sale and lease of a subdivision. 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. (Code 1972, § 99-1) Cross reference —Definitions and rules of construction gen- erally, § 1-2. Sec. 26-492. Declaration of purpose. The City Council hereby finds, determines and declares the necessity of providing stormwater drainage lines and other facilities for the drain- age 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. (Code 1972, § 93-1) Sec. 26-493. Flood insurance. Floods from stormwater runoff may occasion- ally occur which exceed the capacity of storm - water facilities constructed and maintained by funds made available under this Article. This Ar- ticle does not imply that property liable for the *Cross references —Storm Drainage Board, § 2411 et seq.; the Director of the Office of Utility Services is responsible for stormwater drainage, § 2551; storm drainage fund created, § 8-86; flood prevention and protection, Ch. 10; drainage and soil and ground cover requirements for mobile home parks, § 18-72; assessment and apportionment of cost for public im- provements on ditches, laterals or drains, § 22-77. § 26-f95 fees and charges established in this Article will always be free from stormwater flooding or flood damage. This Article does not purport to reduce the need or the necessity for the owner obtaining flood insurance. (Code 1972, § 93-27) Cross reference —Flood prevention and protection, Ch. 10. Sec. 26-494. Storm Drainage Board. The Storm Drainage Board created in § 2-411 shall assist in administering this Article. (Code 1972, § 93-3) Cross reference —Storm Drainage Bcasd created, § 2-411. Sec. 26.495. Duties of Storm Drainage Board. (a) The Storm Drainage Board shall make rec- ommendations 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 be separately assessed for storm - water 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; (4) 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. (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 in- dicates that the total benefits are greater than the cost of the project. (c) The Storm Drainage Board shall also review and make recommendations to the City Council on a master drainage plan to be developed for citywide facilities by the city administration. Such 1789 • • § 26-495 FORT COLLINS CODE 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. Persons desiring to appeal a deci- sion of the Director of Utility Services to the board shall at the time of making such appeal pay to the Financial Officer a docket fee in the amount of twenty-five dollars. Written notice of hearing shall be given to all parties concerned at least three (3) days prior to the hearing or by mailing the notice to such party'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. (e) The Storm Drainage Board shall also hear the petition of any owner or owners of property in the city who dispute the amount of the storm - water 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 appro- priate in accordance with § 26-520. (f) Final decisions of the Storm Drainage Board under (d) and (e) above shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq. (Code 1972, § 93-5) Sec. 26-496. Administration to be by Director of Utility Services. The administration of the provisions of this Ar- ticle is hereby vested in and shall be exercised by the Director of Utility Services who may prescribe forms and rules and regulations in conformity with this Article or for the ascertainment, com- putation and collection of the fees and charges imposed in this Article and for the proper adminis- tration and enforcement. The Director may dele- gate the administration of this Article or any part thereof, subject to the limitations of the Char- 1790 ter and Code to duly qualified deputies and agents of the Director. (Code 1972, § 93-24) Sec. 26-497. Cooperation with the county. The city shall, in all ways and within the limits of its powers, solicit the county to cooperate in provid- ing drainage facilities in stormwater basins, or parts thereof, extending outside the city and in general to carry out the drainage plan developed therein. Maps showing all stormwater basins and proposed facilities shall be furnished to the County Com- missioners for their use in this matter. (Code 1972, § 93-14) Secs. 26-498-26.510. Reserved. DIVISION 2. STORMWATER FEES* Sec. 26-511. Stormwater fees. (a) After establishing the stormwater basins and after receiving the report from the Storm Drain- age Board on a particular stormwater basin, the City Council may establish by ordinance storm - water fees to be paid by the owners of property in the stormwater basin. Such stormwater fees shall be established in amounts which will provide suf- ficient funds 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 estab- lished by the ordinance. Assessments against in- dividual 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. The City Council may vary such amount dependent upon the type of improvements which are on the prop- erty or which may be placed on the property under the existing zoning as such improvements relate to the stormwater which will be discharged from the property. (b) It shall be proper for the City Council to provide for the collection of the stormwater util- ity fee against property which has been developed by a monthly charge to be added to the utility bills for such property. 'Cross reference —Storm drainage fund created, § 8-86. F-J • • hy010AMg (c) 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 stormwater basin fee as a condition of issuance of a certificate of occupancy required for the development of the property. The stormwater basin fee shall be pay- able 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 col- lected through special assessments levied in a local assessment district created pursuant to Chap- ter 22. (Code 1972, § 93-7) Sec. 26-512. Stormwater basin fees estab- lished. 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 stormwater basin fee. The fee is deemed reasonable and necessary to pay for the design, right-of-way acquisition and construction or re- construction of stormwater facilities needed to pro- tect the health, safety and welfare of the inhabi- tants 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 storm - water detention, if any, provided. The Director of Utility Services shall determine the rates that shall apply to each parcel of land within the guide- lines 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 ra- tional method. The Director of Utility Ser- vices shall determine the runoff coefficient for each parcel of land based on the follow- ing formula: C = Percent Impervious Area x 0.95 + Percent Pervious Area x 0.20 + Per- cent Semipervious Area x 0.50. Supp. No. 2 1791 § 26-512 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 Di- rector of Utility Services shall determine the appropriate on -site detention reduction factor for each parcel of land which pro- vides on -site stormwater detention which is not a part of a regional stormwater de- tention facility. The on -site detention re- duction 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 esti- mated or actual cost of necessary im- provements and facilities identified in the various basin master plans and is estab- lished for the basins as follows: Basin fee base rate Basin (per gross acre) Foothills $ 5,024. Fox Meadows 4,253. McClelland -Mail Creek 3,021. Spring Creek 1,505. 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) Calculation. 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) (Code 1972, § 93-15) • • 1 26-513 Sec. 26-513. Stormwater utility fee. FORT COLLINS CODE 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 opera- tion, maintenance, administration and routine func- tions of the existing city stormwater 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 stormwater 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 pay- ment for use of the city stormwater system by the real property on and with respect to which the charge is imposed on the owners. (Code 1972, § 93-16) Sec. 26-514. Determination of stormwater util- ity 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 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 catego- ries 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: Supp. No. 2 1792 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 devel- opment for each lot or parcel of land based on the runoff coefficient typical for the particular land use and/or zon- ing for that lot or parcel. (2) The rate factor for each basic category of development shall be as follows: Basic category of development Very light Light Moderate Heavy Very heavy Rate factor 0.25 0.40 0.60 i 0.80 0.95 (3) The base rate for the stormwater utility fee shall be as follows: a. The operations and maintenance base rate (O and M base rate) shall be $0.0003917 per square foot per month for all areas of the city; b. The capital improvements base rate (cap- ital rate) shall be as follows: Capital base rate (per square foot Basin per month) Foothills $0.0004208 Fox Meadows 0.0006125 McClelland -Mail Creek 0.0010417 Spring Creek 0.0003583 Canal Importa- tion 0.0005958 Dry Creek 0.0003250 • Capital base rate (per square foot Basin per month) West Vine 0.0003833 Evergreen- Greenbriar 0.0010417 Fossil Creek 0.0009042 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 thou- sand (12,000) square feet shall be based on the following formula with all area calcu- lations in square feet: Monthly fee = (lot area) x (rate factor) x (0 and M base rate + capital 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 in accordance with the formula described in (4) above and the remainder shall be assessed in accord- ance with the following formula: Remainder of monthly fee = (remaining area) x (rate factor) x (0 and M base rate + capital base rate) x (1/4) (6) The minimum charge for any lot or parcel shall be sixty-two cents ($0.62) per lot or parcel per month. (Code 1972, § 93-18; Ord. No. 141, 1986, § 2, 10-21-86; Ord. No. 154, 1987, § 7, 10-20-87; Ord. No. 160, 1987, 10-20-87) Sec. 26.515. Reestablishment of stormwater fees. The City Council may by ordinance change the amount of the stormwater utility or basin fees for a stormwater basin based upon revised estimates of the cost of installing facilities in the basin. Any change in the amount of the stormwater basin fee shall be effective only as to properties in a storm - water basin which have not paid in full the storm - water basin fee assessed against the property. After collection of the stormwater basin fee is completed as to a particular property, the amount of the fee shall not be increased. (Code 1972, § 93-8) Supp. No. 2 § 26-519 Sec. 26516. Billing for stormwater utility fee. The stormwater utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing city utilities and billed and collected separately as stormwater util- ity fees for those lots or parcels of land and own- ers thereof not utilizing other city utilities. All such bills for stormwater utility fees shall be ren- dered monthly by the Financial Officer and shall become due and payable in accordance with the rules and regulations of the Financial Officer per- taining to the collection of utility fees. The Fi- nancial Officer shall place all such fees collected into the storm drainage fund to be deposited and separately kept as a fund to be used only for the purposes stated herein. (Code 1972, § 93-19) Sec. 26-517. Certain properties exempt from stormwater utility fee. The stormwater utility fee shall not be col- lected in connection with any city street, road, alley or right-of-way or any railroad or irrigation right-of-way. (Code 1972, § 93-20) Sec. 26 518. Enforcement. Any charge due hereunder which shall not be paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided by this Chapter or the Code, failure of any user of city utilities within the city to pay the charges promptly when due shall sub- ject such user to discontinuance of such utility services and the City Manager is hereby empow- ered and directed to enforce this provision as to any and all delinquent users. The employees of the city shall, at all reasonable times, have access to any premises served by the city for inspection, repair or the enforcement of the provisions of this Article. (Code 1972, t 93-21) Sec. 26519. Unpaid charges to be a lien. All stormwater utility fees made pursuant to this Article shall be a lien upon the property to 1793, • 0 § 26-519 FORT COLLINS CODE 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 applica- tion 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. (Code 1972, § 93-22) Sec. 26-520. Administrative review of fees; appeals. (a) Any owner who disputes the amount of the stormwater utility fee or the stormwater basin fee made against such owner's property or who disputes any determination made by or on behalf of the city pursuant to and by the authority of this Article may petition the Director of Utility Services for a hearing on a revision or modifica- tion of such charge or determination. The Director may hold such hearings or may designate an offi- cer or employee as a hearing officer with author- ity to hold such hearings. (b) Such petitions may be filed only once in connection with any such charge or determina- tion, except upon a showing of changed circum- stances sufficient to justify the filing of such ad- ditional petition. (c) Such petitions shall be in writing, filed with the City Clerk, and the facts and figures submit- ted shall be submitted under oath either in writ- ing or orally at a hearing scheduled by the Direc- tor of Utility Services or the hearing officer. The hearing, if any, shall take place in the city and Supp. No. 2 1794 notice thereof and the proceedings shall otherwise be in accordance with the rules and regulations issued by the Director. The petitioner shall have the burden of proof. (d) Within thirty (30) days after filing, the Di. rector of Utility Services shall make findings of fact based upon all relevant information and shall make a determination based upon such findings and, if appropriate, modify such charge or deter- mination accordingly. Such determination shall be considered a final order of the Director which order may within thirty (30) days of its issuance be appealed to the Storm Drainage Board for a hearing on a revision or modification of such charge. (e) Any such appeal to the Storm Drainage Board shall be in writing, filed with the City Clerk, setting forth the specific errors and omissions of the Director of Utility Services in his or her de- termination, and such hearing shall take place in the city and notice thereof and the proceedings shall otherwise be in accordance with the bylaws, rules and regulations of the Storm Drainage Board. The appellant shall have the burden of proof. M Within thirty (30) days after filing, the Storm Drainage Board shall make its final determina- tion and, if appropriate, modify such charge or determination of the Director of Utility Services in accordance with the facts submitted, to the extent that the board finds such facts to be true. (Code 1972, § 93-23) Sec. 26.521. Notice of decision. Ever- decision or determination of the Director of Utility Services or the Storm Drainage Board shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Ser. vice by certified mail, return receipt requested, shall be conclusive evidence of service for the Purpose of this Article. (Code 1972, § 93-25) Sec. 26-522. Disposition of fees and charges. The fees and charges paid and collected by vir- tue of this Article shall not be used for general or other governmental or proprietary purposes of the city, except to pay for the equitable share of the costs of accounting, management and government thereof. Other than as der,cribed above, the fees r 1 MV and charges shall be used solely to pay for the costs of operation, repair, maintenance, improve- ments, renewal, replacement, reconstruction, de- sign, right-of-way acquisition and construction of public stormwater facilities and costs incidental thereto. If there are amounts in the fund in ex- cess of the amount required 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. (Code 1972, § 93-26) Sec. 26-523. Nomograph. The following is the nomograph used in this Article: ON -SITE DETENTION REDUCTION FACTOR NOMOGRAPH 2 �.000 a 0 u� 5000 5.000 "0W REMKTMN FACTOR - il V NOTE: This nomograph is applicable without adjustment for parcels of forty (40) to sixty (60) acres, and can be adjusted for parcels of different areas using the following formula: Supp. No. l 1795 § 26-541 V1 = V (1.2A-0­) Where: V1 = Volume of on -site detention adjusted for area, in cubic feet per acre. V = Volume of on -site detention provided, in cubic feet per acre. A = Tributary area, in acres. The adjusted volume, V1, should be entered into the nomograph to obtain the appropriate reduc- tion factor. Secs. 26-524-26-540. Reserved. DIVISION 3. STORMWATER FACILITIES* Sec. 26-541. Property owners to provide storm - .water facilities. The City Council further finds, determines and declares under all attendant circumstances that the owners of property within stormwater basins in the city should provide the stormwater facili- ties necessary for the drainage and control of flood and surface waters within stormwater basins and should provide the facilities required to convey such waters from the stormwater basin to major drainageways. Therefore, the cost of installing stormwater facilities in a stormwater basin should be assessed in whole or in part against the lands in the stormwater basin. The City Council fur- ther finds, determines and declares that all real property within a stormwater basin will be bene- fited by the installation of stormwater facilities within the basin since the development of ele- vated lands increases the runoff of stormwaters from such lands causing increased amounts of stormwater 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 stormwater facilities are installed in the stormwater basin. To the extent possible, the charges assessed against lands in a stormwater *Cross references —Storm drainage fund created, § M6; flood prevention and protection, Ch. 10. 0 0 § 26-541 FORT COLLINS CODE basin for construction of stormwater facilities should take into account the amount of stormwater which will run off such lands after they have been developed. (Code 1972, § 93-2) Sec. 26-542. Establishment of stormwater basins. After receiving the report and recommendation of the Storm Drainage Board, the City Council shall officially adopt by resolution a stormvater map which is on file in the City Clerk's office delineating the boundaries of the stormwater basin in the city and in areas which may be annexed. Such map may also indicate existing development of properties within the basin, zoning of proper- ties, and such other information as may be de- termined to be advisable. Such map shall after adoption by the City Council serve as official des- ignation of the respective stormwater basins of the city, but such map may be revised from time to time by the City Council to conform with exist- ing conditions. (Code 1972, § 93-6(A)) Sec. 26.543. Master drainage plans. (a) Master drainage plans are hereby adopted by reference and declared to be a part of this Article for the following stormwater basins of the city: (1) McClellands and Mail Creek Major Drain- ageway Plan, prepared by Cornell Consult- ing Company and John S. Griffith, P.E., dated December 1980. (2) Foothills Drainage Basin Drainage Master Plan, prepared by Resource Consultants, Inc., dated February 1981. (3) Fox Meadows Basin Drainage Master Plan, prepared by Resource Consultants, Inc., dated February 1981. (4) Dry Creek Drainageway Planning, prepared by Gingery Associates, Inc., dated January 1980. (5) Evergreen Park Basin Major Storm Drain- age Study, prepared by Engineering Pro- fessionals, Inc., dated February 1981. Supp. No.1 1796 (6) Drainage Study of the Greenbriar Outfall Drainage Basin, prepared by Engineering Professionals, Inc., dated April 1980. (7) West Vine Drainage Basin Major Drainage - way Plan, prepared by Engineering Profes- sionals, Inc., dated December 1980. (8) Diversion of Stormwater Runoff through Irrigation Canals from Mulberry Street to Spring Creek, prepared by Resource Con- sultants, Inc., dated July 1980. (9) 'Spring Creek Drainageway Plan, prepared by Gingery Associates, Inc., dated August 1980. (10) Fossil Creek Drainage Basin Master Drain- ageway Planning Study, prepared by Simons, Li and Associates, Inc., dated August 1982. (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 cop- ies 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, and if modified, the modification shall be filed in the office of the City Clerk. (Code 1972, § 93-6(B); Ord. No. 154, 1987, § 8, 10-20-87) Sec. 26-544. Stormwater facilities required for subdivisions. Prior to the final approval of the plat of any subdivision, the owners of the property being sub- divided shall at such owners' cost prepare a de- tailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision, including any off -site facili- ties 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 Coun- cil. The Director of Utility Services shall review such reports, plans and cost estimates; and after approval of the same, the plat of the subdivision may be approved subject to the city's being fur- nished with acceptable assurance that such facil- s UTII.TTIES ities will be constructed and installed as indicated and approved. (Code 1972, § 93-10; Ord. No. 161, 1986, § 1, 11-4-86; Ord. No. 154,1987, § 9, 10-20--87) Sec. 26-545. Credit for construction of major basin improvements. (a) If the stormwater utility requires a devel- oper to construct stormwater facilities 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 Supp. Na 1 1796.1 § 26-545 UTII.ITIES basin reimbursement, prior to final approval of the development agreement the developer must submit to the stormwater utility a report detail- ing 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 de- scription, a project bid form with estimated quan- tities, unit prices, engineering design and construc- tion management costs. The report must also pro- vide an accurate quantity and cost delineation between the proposed basin improvements and the stormwater improvements necessary to meet the standard requirements of the development. The stormwater basin reimbursement must be taken first as credit toward the total basin fees due for the developed property with regard to which the basin improvements are being constructed and any remaining reimbursement to be paid in cash to the developer will be made as a cash repayment subject to (e) of this Section. If more than two (2) years elapse from the approval date of the development agreement without substan- tial progress toward the construction of all im- provements eligible for basin reimbursement, the reimbursement obligation shall terminate. The developer may request and the Director of Utility Services may approve extensions of the obliga- tion for additional one-year periods. (b) After final approval of the plat, the owner of the developed property shall have the option of reducing the stormwater basin fee due for the development by an amount equal to one-half (%) of the estimated basin reimbursement as shown in the development agreement or the total basin fees due, whichever is less. (c) Subject to the provisions of (e) of this Sec- tion, the city will make additional basin reim- bursement upon completion of all required storm - water improvements, approval by the stormwater utility and submittal by the developer of copies of the following: (1) Completed bid forms from at least three (3) qualified contractors showing which contrac- tor was awarded the project; (2) The contractor's invoice for final payment as approved by the developer's engineer separating the quantities and costs of the 1797 § 26-546 basin improvements from the improvements necessary to meet the standard requirements of the development; (3) An invoice from the developer's engineer clearly showing any fees charged for that portion of the work which is eligible for basin reimbursement; (4) Letters from the contractor and the engi- neer certifying that final payment has been received for the work eligible for basin reimbursement; (5) Any other information deemed necessary by the Director of Utility Services or re- quired by the development agreement. (d) The books and records of the developer re- lating to the stormwater facilities for which the utility is providing basin reimbursement shall be open to the city at all reasonable times for the purpose of audit and/or verification of costs. (e) If the estimated cost of improvements eligi- ble for basin reimbursement for a development exceeds the stormwater basin fees due for the development, 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 Coun- cil, such costs will be reimbursed from the storm drainage fund. (Code 1972, § 93-11; Card. No. 161, 1986, § 2, 11-4-86) Sec. 26-646. 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 is the re- sponsibility of that developer. However, if the de- veloper enters into a repayment agreement with the city within ninety (90) days of the completion and approval by the stormwater utility of such § 26546 FORT COLLINS CODE drainage improvement, then at the time the prop- erty abutting the off -site stormwater facility is developed and a building permit is issued, the city may assess a charge per front foot to the abutting property developer, and if collected, the city shall repay the original installer to the ex- tent of such collection after deducting a service charge of three (3) percent to cover administra- tive 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 pur- suant hereto. (b) The amount of the repayment assessed by the city for each abutting property as it develops shall be based on the original cost of 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 front foot 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, Colo- rado, as published monthly by the "Engineering News Record." (c) In order to obtain city approval of a repay- ment agreement for off -site stormwater improve- ments, 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 li- censed engineer or surveyor which shows: (1) The location of the facilities constructed; (2) The name of the owner of each property which has frontage along the facility; (3) The frontage of each property abutting the facility together with the assessment due based on the original cost; (4) The acreage and parcel number of each prop- erty abutting the facility; and (5) A reference to the book and page and re- ception number from the records of the county Clerk and Recorder where the information for each property was obtained. 1798 (d) The term of any repayment agreement es- tablished 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 re- lating 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. (Code 1972, § 93-12; Ord. No. 161, 1986, § 3, 11-4-86) See. 26.547. Responsibility for accepted facili- ties. All stormwater facilities constructed, installed or provided hereunder shall upon acceptance by the city become the property of the city, and the city thereafter shall be responsible for the opera- i tion and maintenance of the facilities. (Code 1972, § 93-13) Sec. 26-548. City to maintain stormwater fa- cilities; 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 facilities include but are not limited to open drainageways and piped drainageways constructed expressly for use by the general public and as a part of the city stormwater facilities, bridges, roadside drainage ditches and gutters, flood control facilities, including deten- tion and retention basins, dikes, overflow chan- nels, pump stations, etc., that 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. (Code 1972, § 93-17) Secs. 26-549-26-565. Reserved.