(A) Except as otherwise provided in this Section, a drainage fee shall be paid to the City on each parcel of land prior to the commencement of the work of any development thereon.
(B) In the case of the division of any parcel of land, a local drainage fee shall be paid:
1. Prior to the approval by the Council of the final map thereof; or
2. Prior to the final approval of any division in accordance with the provisions of Section 9-6-8 of this Code. Such fee shall be paid on the gross acreage of each lot or parcel in any such division, except any portion thereof for which fees have previously been paid.
(C) Except in the case of a division, drainage fees shall not be payable on account of any development work which consists solely of the construction, erection or installation of:
1. Fences, pole lines, underground conduits or pipelines, or similar developments which, as determined by the Director, do not materially impair the permeability of the natural surface of the parcel of land; or
2. Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements within any street or alley.
(D) No drainage fee shall be payable on account of any development or improvement consisting solely of additions to, alterations of or reconstruction of any residential building or structure unless the covered area by the cumulation of additions made after the adoption of this Chapter equals or exceeds an increase of fifteen percent (15%) of the covered area as it existed on the date of adoption of this Chapter.
(E) No drainage fee shall be payable on account of any development or improvement consisting solely of additions to, alterations of or reconstruction of any building or structure, other than residential covered by subsection (D) hereinabove, unless the additions or alterations are such that, under the applicable provisions of the Building Code, 1
the entire building or structure must be made to conform to the requirements for new buildings or structures or unless the area covered by the cumulation of additions made subsequent to the adoption of this Chapter equals or exceeds an increase of twenty five percent (25%) of the covered area as it existed on the date of adoption of this Chapter.
(F) Deferrals:
1. Payment of the drainage fee on a parcel zoned for industrial development payable under the provisions of Section 9-6-8 of this Code, or payable upon a developed industrial zoned subdivision lot, or payable because of installation of an industrial development may be deferred at the request of the owner, provided the Director determines that planned drainage facilities designed to serve the parcel of land are not available and cannot be made available within a reasonable period of time.
2. Any deferment authorized by the provisions of paragraph 1 of this subsection shall be allowed only if all the owners of the parcel enter into a written agreement which shall provide that:
(a) The fee shall be paid to the City at the earliest of the following occurrences: three (3) months after notice to the owner or owners by the Director that the construction of such planned drainage facilities designed to serve such parcel is to be commenced within one year of the date of such notice.
(b) At the time of payment of the deferred fee, the fee shall be reduced by a credit which shall be an amount equal to the actual cash expenditures incurred by the owner for the construction or any temporary drainage facilities required by the Director as part of the initial development to serve the property until such time as planned drainage facilities become available.
(c) The agreement creates a valid lien upon such parcel to the extent of the fee (such lien may be subordinated at the discretion of the Director, and the form and substance of the agreement, procedures, documents, covenants, etc., necessary to place the agreement and lien into effect shall all be determined by the Director, subject to the approval of the City Attorney); and
(d) The owner of such parcel agrees to pay all court costs and attorney's fees and waives any and all defenses, legal or equitable, other than liquidated monetary off-sets against the City if an action at law or foreclosure suit is brought to enforce payment of the fee or recovery of the fee through the lien.
(G) When the drainage fee applicable to any parcel of land shall have been fully paid pursuant to the provisions of this Chapter, or shall have been assessed against it by the levying of an assessment therefor in a special assessment proceeding, no further drainage fees shall be payable with respect to such parcel; provided, however, if after such full payment, the use of such parcel of land shall be changed to a use which, under the then current fee schedule, requires a higher local drainage fee than the use upon the basis of which such payment was made, then such parcel of land shall be subject to the payment of an additional fee, which shall be the fee applicable to such parcel of land in its changed use under the fee schedule in effect at the time the additional fee is payable, less the total of any fees previously paid.
(H) No building permit or other permit for any development shall be issued pursuant to the provisions of this Chapter unless the drainage fee required by this Chapter has been fully paid.
Notes
| 1 | 1. Title 4, Chapter 1 of this Code. |