A. 
It is the purpose of this chapter to impose on persons developing real property the requirement to pay a fee to provide for flood control facilities needed to serve the development.
B. 
"Impervious surface" means a surface which covers the ground, is not covered by another surface and is constructed of a material or in a manner in which water may pass over the surface.
(Ord. 87-19)
A. 
A flood control fee shall be determined by the City and paid by the applicant during the subdivision processing of a proposed development if the provisions of this chapter can be applied lawfully to the proposed development during the subdivision processing. Otherwise, the flood control fee shall be determined by the City and paid by the applicant during the building permit processing of the proposed development, or portion thereof, if the provisions of this chapter can be applied lawfully to the proposed development, or portions thereof, during the building permit processing.
B. 
The requirement to pay a flood control fee for property within a project may be satisfied by the applicant as a condition of approval of a discretionary land use permit.
(Ord. 87-19)
The following are exempt from the regulations of this chapter:
A. 
Swimming pools;
B. 
Fences;
C. 
Additions or alterations to existing structures which add no more than 500 square feet of impervious surface. Additions and alterations constructed during the five years prior to the application shall be included in determining the square footage of the impervious surface involved;
D. 
Construction for public or governmental purposes;
E. 
Development involving the replacement on the same parcel by the owner of a structure destroyed by fire or other calamity, provided that the application for a building permit to replace such structure is filed within six months after destruction; and
F. 
Commercial greenhouses.
(Ord. 87-19)
A. 
The fees and dedications received in accordance with this chapter shall be used for the construction of planned drainage facilities for the removal of surface and stormwaters from the City of Encinitas, as shown on the San Diego County Flood Control Plan adopted in 1977.
B. 
Fees paid pursuant to this chapter shall be deposited into an account identified as the "flood control fund."
(Ord. 87-19)
Each person seeking to develop a project which is within the City of Encinitas shall pay a flood control fee of 21 cents per square foot of impervious surface resulting from the completion of the project.
(Ord. 87-19)
A. 
Based on a determination by the City Engineer, the calculated fee may be proportionately reduced to the degree that the property owner constructs on-site collection and retention systems that will retain run off water on the property. The granting of this credit shall require the recording of a covenant by the property owner agreeing to maintain the collection and retention system in lieu of paying the entire calculated fee.
B. 
Any flood control dedications of land or improvements by the developer and accepted by the City shall be a credit against the amount of the fee owing.
C. 
The construction and dedication of drainage facilities may be required as a condition to the approval of a discretionary land use permit.
(Ord. 87-19)
A. 
In January of each year, the City Council shall consider the current fee. If the fee is no longer related to the actual or estimated cost of additional flood control facilities needed to serve the new development within the City, the City Council shall amend the ordinance to reflect the change in cost.
B. 
An increase in the fee adopted in accordance with the provision of this section shall be effective July 1st of the year in which the new fee is adopted.
(Ord. 87-19)