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HomeMy WebLinkAboutTC Res 2004-04-07 (2) ..... )' RESOLUTION NO. 13-2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON ESTABLISHING A STORMWATER RUNOFF IMPACT FEE WHEREAS, impervious surfaces within the Town ofTiburon have a direct impact on the magnitude of stormwater flows; and WHEREAS, the creation of additional impervious surfaces due to construction activities further increases stormwater runoff and reduces the capacity, performance and sustainability of the Town's storm drain system; and WHEREAS, it is appropriate for construction projects resuhing in new impervious surfaces to pay an impact fee to offset the increased demand on the capacity, operation, and sustainability ofthe storm drain system; and ,.-.. WHEREAS, the Town ofTiburon has adopted an ordinance (codified as Chapter 14B of the Municipal Code) establishing the authority for imposing and collecting Public Facilities Development Fees; and WHEREAS, the Town has provided public notice of the proposed impact fee in accordance with Government Code, ~~66000 et seq.; and WHEREAS, the Town Council further finds as follows: A. The purpose of the stormwater impact fee is to upgrade, enhance, and/or rehabilitate the Town's storm drain system to accommodate drainage water resulting from the creation of new impervious surfuces. B. The stormwater generated through creation of new impervious surfaces over the corning years may likely exceed the capacity of the Town's current storm drain system in the absence of substantial improvements and will hasten the deterioration of existing storm drain fucilities. There is a substantial government interest in maintaining an adequate storm drain system in order to prevent flooding and other damage to public and private property. C. The Town has conducted studies and analyses regarding the extent of its storm drain system and the estimated cost of its future rehabilitation. The Town's future storm drainage rehabilitation costs are estimated at $12,210,100 in the GASB 34 Infrastructure Valuation Study (hereafter -. . Town ofTiburon Resolution No. 13-2004 41712004 I I~ "GASB Analysis"), prepared by the engineering firm of Harris & Associates, dated March 3, 2004, and available for review in the Office of the Town Engineer. The Town Engineer also prepared the Town ofTiburon Drainage Impact Fee Analysis (hereafter "Fee Analysis"), revised March 29, 2004, available for review in the office of Town Engineer, which estimates an impervious surface total for the Town of 12.17 million square feet that contributes to stormwater runoff. This means that the proportionate unit cost to rehabilitate the storm drain system is approximately $1.00 per square foot of impervious surface. D. In the judgment of the Town Engineer, the current storm drain system will not be. sufficient to accommodate the amount of runoff likely to be generated by new impervious surfaces in the foreseeable future. Without significant drainage improvements, the Town's storm drain system will likely deteriorate to a point where flooding and property damage would occur. E. The Town Council finds that because the Town ofTiburon is approximately 95% built out, traditional stormwater improvements instaIled by new subdivisions will not meaningfully reduce the Town's cost for storm drain system improvements. The Town therefore seeks to require all new impervious surface creation to contribute its pro rata share to the cost of upgrading and rehabilitating the Town's storm drain system. - F. The Town Council finds, based on the Fee Analysis, that there is a reasonable relationship between the need for the improvements to be funded by the fee and the type of development project upon which the fee is imposed. SpecificaIly, every project on which the fee is imposed generates increased stormwater runoff by replacing pervious surfaces with impervious surfaces. This generation of additional runoff requires that, in order to achieve and sustain an acceptable condition and capacity within the Town's storm drain system, drainage improvements must be made to the existing system in order to accommodate the increased storm water runoff. There is a reasonable and direct connection between the need for the improvements and the type of development project upon which the fee is imposed. G. The Town Council finds that there is a reasonable relationship between the fee's use and the type of development for which the fee is charged. The fee will be used exclusively to upgrade and rehabilitate storm drain system components (including but not limited to pipes, culverts, inlets, and catch basins); and will be used for the engineering, planning and administrative costs directly related to such components. The use of the funds will therefore directly relate to and benefit the construction projects upon which the fee is imposed; and r' Town of Tiburon Resolution No. 13-2004 4/7/2004 2 ,~, H. The Town Council finds that there is a reasonable relationship between the amount of the fee and the cost of the projected required improvements. The cost of rehabilitating the storm drain system has been determined using standard engineering practices at $12,210,100 in 2003 dollars in the GASBY Analysis. Approximately 12.17 million square feet of residential impervious surface area contributes to the Town's existing storm drain system. This creates a ratio of$I.00 for each square foot of impervious surface toward the upgrade and rehabilitation of the storm drain system. Thus, a fee of$I.00 per square foot of new in3pervious surfuce in construction projects is roughly proportional to that project's contribution to increased storm water runoff. 1. The Town Council finds, based upon the judgment of the Town Engineer and as set forth in the Staff Report dated Apri17, 2004, that aging, deteriorating, undersized, or otherwise problematic components of the Town's storm drain system are dispersed throughout the Town limits such that virtually all new impervious surfaces will impact one or more of these problematic components of the Town's storm drain system. Therefore, for purposes of establishing a zone of benefit for storm drain system rehabilitation, it is logical and reasonable to designate the entire Town ofTiburon corporate limits as a single benefit zone. New impervious surface will be assessed fees based upon a single fee established for the entire zone of benefit. ,- NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby resolve as follows: 1. Definitions. For purposes of this ResolutiorL the followiru! terms shall be defined as follows: (a) "Building Permit" means a permit required by and issued pursuant to chapter 13 of the Tiburon Municipal Code. (b) "Construction Project" means any project requiring any permit or entitlement defined herein from the Town of Tiburon that would result in a net increase in impervious surface. (c) "Encroachment Permit" means a permit required by and issued pursuant to chapter 19 ofthe Tiburon Municipal Code. (d) "Impervious surface" means any surface which does not aIlow direct infihration of stormwater including, but not limited to buildings, building additions, new paved concrete or asphalt surfaces. ,.-. Town ofTiburon Resolution No. 13-2004 4/7/2004 3 /". (e) "Subdivision Entitlement" means a permit issued pursuant to chapter 14 of the Tiburon Municipal Code. (f) "Zone of Benefit" means the corporate limits of the Town ofTiburon. (g) "Zoning Entitlement" means a permit required by and issued pursuant to chapter 16 of the Tiburon Municipal Code. 2. Fee Imoosed. The Town shall charge a Stormwater Runoff Impact Fee for any construction project in the Town which results in the creation of new impervious surface. The fee shall be collected at the time of issuance of a building permit for the project. If no building permit is required, then the fee shall be collected at the time of issuance of the final permit required by the Town, which may be a zoning entitlement, subdivision entitlement, or encroachment permit. 3. Fee Amount. .-- The Stormwater Runoff Impact Fee shall be $1.00 per square foot of new impervious surface and shall be adjusted on July 1 of each year in accordance with the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers, San Francisco, Oakland and San Jose. 4. Exemotions. The following construction projects shall be exempt from the Stormwater Runoff Impact Fee: (a) Projects undertaken by the Town ofTiburon on public lands and/or right-of-ways. (b) Projects which result in the creation of less than fifty (50) square feet of new impervious surface. 5. Payment of Other Fees Required. Nothing in this resolution exempts any construction project from payment of any other applicable fees adopted by the Town ofTiburon. 6. Use of Fee Revenues. Stormwater Runofflmoact Account. The revenues raised by payment ofthe Stormwater Runoff Impact Fee shall be placed in a separate Stormwater Runoff Impact account and such revenues, along with any interest earnings, shall be used for the following purposes: ".-. Town ofTiburon Resolution No.13-2004 4/7/2004 4 ,,,",,, (a) To upgrade and/or rehabilitate the Town's storm drain system, including the engineering, planning and administrative costs directly related to such improvements, (b) To reimburse the Town for the cost of storm drain system improvements constructed by the Town with local funds from other sources (unless the Town funds were obtained from grants or gifts), (c) To reimburse developers who have constructed Town-authorized storm drain improvements having size, length or capacity beyond that needed to mitigate storm drainage impacts of that developer's individual development project; 7. Review and Reoorting. Reviewing and reporting of Storm water Runoff Impact Fees shall be conducted in accordance with state law commencing at Section 66000 of the Government Code, or any successor sections thereto. 8. Effective date. The fee established herein shall become effective in 60 days and shall be co llected and maintained as set forth herein and as required by law. ,~ PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on April 7, 2004 by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smith ~,-, ) (;~~ ALICE FREDERICKS, MAYOR Town of Tiburon An?If') fu 16.' "i/f~ .'~~- DIANE CRANE IACOPI, TOWN CLERK ,,- Town ofTiburon Resolution No. 13-2004 4/7/2004 5