HomeMy WebLinkAbout3951Ordinance No. 3951.
AN ORDINANCE OF THE COUNTY OF BUTTE
AMENDING SECTION 3-103 (c) OF CHAPTER 3
OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
SECTION 1 . Amendment to Section 3-103 c of Article XII of Cha ter 3 of the Butte Count Code.
Section 3-103 {c) of the Butte County Code is amended to read as follows:
(c) Chico Storm Drainage Master Plan. All owners or developers of property located within the Chico
Storm Drainage Master Plan Area shall pay storm drainage fees prior to issuance of a building permit for an
enclosed building or upon a change in use of the property. Such fees shall be based on the drainage basin in
which the development is located and shall be calculated by applying the acreage, ar portion thereof, for
each particulaz development or change in use to the per acre fees set forth in the table below.
Fees will be collected as follows:
Parcels with na permitted enclosed building(s) or structures (vacant land) with a net acreage of one (1) acre
or less-full fees will be collected based on the size of the parcel. Fee to be the sum of the Per Acre Cost
times the area of the parcel in acres.
Parcels with no permitted enclosed buildings} or structures (vacant land) with a net acreage of more than
one (1) acre-full fees will be collected based an the area being improved as calculated by the Department
of Public Works, provided that the minimum acreage amount shall in na case be less than l acre. Fee to be
the sum of the Per Acre Cost times the area of the area being improved in acres.
Parcels with existing permitted enclosed building(s) or structures-full fees will be collected based on the
area being improved as calculated by the Department of Public Works. Fee to be the sum of the Per Acre
Cast times the area of the azea being improved in acres.
Improvement and the area being improved, is defined for this section as new: enclosed building(s);
driveways; sidewalks; parking; landscaping; and any other site development requirement necessary for
construction of the new enclosed buildings}.
Drainage Watercourse Total Cost `` Single-Family ' Multiple : Commercial
Area Numbers (Drainage Per Acre ' Residential Per Family and
Basin) Acre Cost (0.50` Residential ' Industrial
runoff Per Acre Per Acre
coefficient) Cost (0.75 ~ Cost (0.80
runoff runoff
coefficient)
--._.~~_..._._ coefficient)
.. _ . .. _. ..._.
..
770 ....
'Butte Creek _ _..
'$15,993.00 ... r.__..._._
`•$7,997.00 ._....._._ - -
'.$11,995.00 ''.$12,974.00
771 'Comanche $16,683.00 ;$8,341.00 '$12,512.00 '$13,346.00
`Creek
3
772 :Little Chico :$18,177.00 :$9,088.00 :$13,632.00 _$14,541.00 '
Creek
773
:Big Chico Creek _.
$13,552.00
,$6,776.00
;$10,164.00
$10,841.00
774 'Lindo Channel `$16,535.00 $8,267.00 . '$12,401.00 $13,228.00
775
S.U.D.A.D.
$14,422.00
$7,211.00 .....
$10,817.00
'.$11,53$.00
Ditch
_..... .
776 Mud-Sycamore $12,551.00 $6,275.00 $9,413.00 $10,040.00
-Creek
777 `.P. V. Ditch $17,786.00 $8,893.00 $13,340.00 $14,229.00
Credits against Chico Storm Drainage Master Plan Facility Fees.
In determining the storm drainage facility fees, for construction of storm drainage facilities as
identified in the adapted Chico Master Drainage Plan as set forth in Butte County Code
Section 20-210, to be assessed and levied upon the owner of residential or nonresidential
property pursuant to the provisions of this chapter at the time the owner of such property
commences to use the property for a residential or nonresidential purpose, expands the area of
the property devoted to an existing residential or nonresidential use, or changes the use of the
property to a different use, the owner of the property shall be entitled to one {1} or more of the
following credits against such fee; provided, however, that no such credit or credits shall
exceed the amount of such fee, nor shall any credit or credits be transferable from one (1)
property to another property.
A. Where the owner of the property constructs and installs a portion of the off site drainage
facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County
Code Section 20-210, which would be necessary to collect the runoff from stormwater
falling on the property, transport such stormwater runoff to a natural stream or an existing
public drainage channel, detain and/or treat the stormwater runoff where necessary and
dispose of the stormwater runoff in such stream or drainage channel in a manner provided
for or authorized by this code and the Improvement Standards adopted pursuant thereto, the
owner of the property shall be entitled to a credit against the storm drainage facility fees
assessed and levied pursuant to the provisions of this chapter in an amount equal to the
reasonable actual costs of the collector/outfall, peak attenuation and/or water quality
facilities.
B. Where the owner of the property is changing the use of the property to a different use
having a runoff coefficient which is greater than the runoff coefficient for the property when
devoted to its previous use, the owner of the property shall be entitled to a credit against the
storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in
an amount equal to the collectorloutfall, peak attenuation and water quality portions of the
storm drainage fees which would have been assessed and levied pursuant to the provisions
of this chapter for such previous use.
C. Where the property is or was located within an assessment district formed for a purpose
which included construction and installation of a portion of the storm drainage facilities,
identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code
Section 20-210, necessary to collect, treat and/or detain the runoff from stormwater falling
on the property, transport such stormwater runoff to a natural stream or a public drainage
channel and dispose of the stormwater runoff in such stream or drainage channel, and where
the owner of the property is commencing to use the property for a use which has the same
runoff coefficient as the existing or assumed use of the property at the time an assessment
was levied against the property as part of the assessment district proceedings, then the owner
of the property shall be entitled to a credit against the storm drainage facility fees assessed
and levied pursuant to the provisions of this chapter in an amount equal to that portion of the
assessment levied against the property as part of the assessment district proceedings
reasonably attributable to the property's fair share of the cost of the collectorloutfall, peak
attenuation and water quality portion of the storm drainage facilities constructed as part of
the assessment district proceedings.
D. Where the property is located within an assessment district formed for a purpose which
included construction and installation of all ar a portion of the storm drainage facilities,
identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code
Section 20-210, necessary to collect, treat and/or detain the runoff from stormwater falling
on the property, transport such stormwater runoff to a natural stream or public drainage
channel and dispose of the stormwater runoff in such stream or drainage channel, and the
owner of the property is commencing to use the property or changing the use of the property
to a use which has a runoff coefficient which is greater than the existing or assumed runoff
coefficient for the property at the time an assessment was levied against the property as part
of the assessment district proceedings, then the owner of the property shall be entitled to a
credit against the storm drainage facility fees assessed and levied pursuant to the provisions
of this chapter in an amount equal to the storm drainage fees which would have been
assessed and levied pursuant to the provisions of this chapter for the existing or assumed use
of the property at the time an assessment was levied against the property as part of the
assessment district proceedings, or that portion of the assessment levied against the property
as part of the assessment district proceedings which is reasonably attributable to the
property' s fair share of the cast of the collectorloutfall, peak attenuation and water quality
portion of the storm drainage facilities constructed and installed as part of the assessment
district proceedings, whichever is less.
E. Where the owner of the property reconstructs a building or structure located on the
property which was damaged or destroyed by fire or other casualty or which was voluntarily
demolished during the prior three (3) year period, the owner of the property shall be entitled
to a credit against the storm drainage facility fees assessed and levied pursuant to the
provisions of this chapter in an amount equal to the collectorloutfall, peak attenuation and
water quality portions of the storm drainage facility fees which would have been assessed
and levied pursuant to the provisions of this chapter. However, if the owner of the property
expands the area of the property devoted to a residential or nonresidential use incident to the
reconstruction of such building or structure, storm drainage facility fees shall be assessed
and levied upon the owner of the property for all additional area of the property devoted to
such residential or nonresidential use.
~'. Where the owner of the property constructs and installs all of the on-site storm drainage
facilities necessary to retain and dispose of one hundred (100) percent of the stormwater
falling on the property, the owner of the property shall be entitled to a credit against the
storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in
an amount equal to the peak attenuation, and water quality portions of the storm drainage
facility fees which would have been assessed and levied pursuant to the provisions of this
chapter, all in the manner provided for or authorized by this code.
G. Where the owner of such property constructs and installs all of the off-site storm drainage
facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County
Code Section 20-210, necessary to collect the runoff from stormwater falling on such
property, transport all such stormwater runoff to a natural stream or an existing public
drainage channel, treat andlor detain the stormwater runoff where necessary and dispose of
the stormwater runoff in such stream or drainage channel, the owner of the property shall be
entitled to a credit against the storm drainage facility fees assessed and levied pursuant to
the provisions of this chapter in an amount equal to the collectorloutfall, peak attenuation
and water quality portions of the storm drainage facility fees which would have been
assessed and levied pursuant to the provisions of this chapter, all in the manner provided for
or authorized by this code.
H. Where the owner of the property is changing the use of the property to a different use
having runoff coefficient equal to or less than the runoff coefficient far the property when
devoted to its previous use, the owner of the property shall be entitled to a credit against the
storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in
an amount equal to the collectorloutfall, peak attenuation and water quality portions of the
storm drainage facility fees which would have been assessed and levied pursuant to the
provisions of this chapter.
1. Where the property is or was located within an assessment district formed for a purpose
which included construction and installation of all storm drainage facilities, identif ed in the
adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210,
necessary to collect, treat andlor detain runoff from the stormwater falling on the property
and transports all such stormwater runoff to a natural stream or an existing public drainage
channel and disposes of such stormwater runoff in such stream or drainage channel,
provided the owner of the groperty is not proposing to develop the property in a manner or
at a density which increases the runoff coefficient for the property above the runoff
coefficient used in designing the drainage facilities constructed and installed as part of the
assessment district, the owner of the property shall be entitled to a credit against the storm
drainage facility fees assessed and levied pursuant to the provisions of this chapter in an
amount equal to the collector/outfall, peak attenuation and/or water quality portions of the
stone drainage facility fees which would have been assessed and levied pursuant to the
provisions of this chapter.
SECTION 2. Severability. If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be
deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid provision or application thereof
SECTION 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of
its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the
expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the
members of the Board of Supervisors voting for and against it, in the Chico Enterprise Record, a newspaper of
general circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the
9tih day of January 2007 by the following vote:
AYES: Supervisors Gonnelly, Kizk, Josiassen, Yamaguchi and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None (~,.~~----
Butte ounty Board of 5upervrsors
ATTEST:
PAUL McINTOSH
Chief Adminis e Officer
and Clerk,~f]th o~d _ //