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(a) Applicable Within Adopted Local Area Drainage Plans. The provisions of this Chapter shall only affect those unincorporated portions of the County that are within the boundaries of an adopted Local Area Drainage Plan.
(b) Area Will Require Construction of Drainage Facilities. The Board in adopting a Local Area Drainage Plan shall find and determine that development or redevelopment of the property in the Plan Area will require the construction of the facilities described in the Plan Area and that the drainage fees are fairly apportioned within the drainage area.
(c) The drainage fees shall be fairly apportioned based on one of the following:
(1) On the basis of benefits conferred on property proposed to be developed or redeveloped;
(2) On the need for drainage facilities created by the development and the development of other property in the drainage area; or
(3) On the basis of the proportionate storm water run-off from each parcel.
(d) Fees Shall Not Exceed Pro Rata Share. Fees to be paid shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within an area which would be assessable on the property if the costs were apportioned uniformly on a per acre basis.
(e) Adoption of Area Drainage Plan. The Board, in adopting or amending the Local Area Drainage Plan, shall do all of the following:
(1) Identify the purpose of the fee.
(2) Identify the use to which the fee is to be put. If the use is financing public facilities, then the facilities should be identified. The facilities may be identified by reference to any public document which identifies the facilities for which the fee is charged.
(3) Confirm that there is a reasonable relationship between:
(A) The fee’s use and the type of development project on which the fee is imposed;
(B) The need for the public facility and the type of development project on which the fee is imposed; and
(C) The amount of the fees and the cost of the flood control facilities, or portion thereof, attributable to the development on which the fee is imposed.
(f) Compliance with Government Code § 66004 Required. Local Area Drainage Plans and/or the drainage fee may be adopted by the Board, and thereafter amended at any time, only after first holding a public hearing. The requirements of Government Code § 66004 shall be followed prior to holding a public hearing establishing or modifying a fee for a Local Area Drainage Plan.
(Ord. 4011, passed - -2007)