This chapter is enacted pursuant to the provisions of Section 11543.5 of the Business and Professions Code of the State of California for the purpose of establishing drainage fees to defray the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas.
(Ord. 732 § 1, March 15, 1971)
The following drainage plans and the maps (consisting of one or more parts) which are on file with the City Clerk and estimates of costs contained therein are hereby adopted for the local drainage areas described in said plans:
A. 
Mill Valley General Drainage Plan, Part No. 1, Sutton Manor Branch.
B. 
Mill Valley General Drainage Plan, Part No. 2, Marshland Area.
C. 
Mill Valley General Drainage Plan, Part No. 3, Warner Creek Branch.
D. 
Mill Valley General Drainage Plan, Part No. 4, Enchanted Knolls.
E. 
Mill Valley General Drainage Plan, Part No. 5, Downtown.
F. 
Mill Valley General Drainage Plan, Part No. 6, Old Mill Creek.
G. 
Mill Valley General Drainage Plan, Part No. 7, Blithedale Canyon.
The City Council of the City of Mill Valley does hereby find that the subdivision, or division of land not defined as a subdivision, and development of property within the planned local drainage areas will require construction of the facilities described in the drainage plans and the costs, whether actual or estimated, set forth in said plans are based upon such finding. The City Council, by resolution adopted from time to time, shall amend the local drainage plans in order that the costs set forth therein shall truly represent the actual or estimated cost of construction of facilities referred to therein. The resolutions shall establish fees to be paid as a condition of approval of final subdivision maps, or parcel maps for a division of land not defined as a subdivision, which fees shall fairly apportion the cost of construction of the facilities referred to in the drainage plans on the basis of benefits conferred on property proposed for subdivision or other division or on the need for such facilities created by the proposed subdivision or other division and development of property within such areas. The fees so fixed as to any property proposed for subdivision within such a local area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.
(Ord. 732 § 1, March 15, 1971)
All future subdivisions, or divisions of land not defined as a subdivision, within the local drainage areas set forth in Section 21.48.020 shall be charged a drainage fee as set forth in resolutions adopted by the City Council. In the case of subdivisions containing five or more lots, the drainage fee shall be paid by the subdivider to the City on or before the approval of the final map of such subdivision or the payment thereof shall be guaranteed in a manner satisfactory to the City. In the case of a division of land not defined by state law as a subdivision, said drainage fee shall be paid by the subdivider to the City at or prior to the final approval of a parcel map of said division or payment thereof shall be guaranteed in a manner satisfactory to the City. Prior to the issuance of any building permit with a building permit valuation of $5,000.00 or more for construction on a parcel of property which is not a part of a subdivision or other division of land for which a drainage fee has already been paid, the fee set forth in said resolution shall be paid to the City of Mill Valley. The drainage charges imposed by this section shall be in addition to all other charges to be made against the property for street improvements or other purposes. All fees collected pursuant to this chapter shall be paid into a "Planned Local Drainage Facilities Fund." Separate funds shall be established for each local drainage area. Monies in such funds shall be expended solely for construction or reimbursement for construction of local drainage facilities within the area from which the fees comprising the fund were collected, or to reimburse the City for the cost of engineering and administrative services incurred in the establishment of said areas and the design and construction of such facilities.
(Ord. 732 § 1, March 15, 1971; Ord. 741 § 1, September 20, 1971)