The City Council of the City of Turlock finds and declares that:
(a) 
The purpose of this ordinance is to provide a means for the collection, storage, transport and disposal of storm and surface water to ensure the health, safety, welfare and future growth of the citizens of Turlock.
(b) 
The General Plan of the City of Turlock addresses the need to provide a means for the collection, storage, transport and disposal of storm and surface water.
(c) 
A professional study has been performed and adopted by the City Council and therefrom a level of service for storm and surface water disposal was established and same provided a service and implementation plan for achieving such level of service within the area encompassed by the City's general plan. Said study, performed by the CH2M/Hill company in 1987, and any modification thereof, is incorporated herein by reference and is hereinafter referred to as the CH2M/HILL REPORT.
(d) 
New development has a negative impact on the ability of the City to provide the established level of storm and surface drainage water service to its citizens, and such negative impact can be mitigated to provide the established level of service by a storm drainage system, funded by a schedule of fees and charges based on the amount of storm water runoff generated by new development.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-501; 715-CS, Repealed & Reeneacted, 11/08/1990)
All real property within the City of Turlock shall be subject to a fee for master storm drainage facilities ("MSDF fee") at the time of its development. "Master storm drainage facilities" are defined as those facilities described and provided for in the CH2M/HILL REPORT. MSDF fees shall be based on the percentage of impervious surface contained in the gross land area of each proposed new development. For real property proposed to be subdivided, the percentages of impervious surface are based on the designation of the real property within the Turlock General Plan, according to the following table:
COEFFICIENT OF LAND USE DESIGNATION
IMPERVIOUS SURFACE
Low Density Residential
0.40
Medium Density Residential
0.65
High Density Residential
0.65
Commercial (All)
0.90
Industrial (All)
0.90
(715-CS, Repealed & Reenacted, 11/08/1990; 1019-CS, Renumbered, 02/12/2004, Renumbered 6-5-502)
(a) 
For real property proposed to be subdivided, the required MSDF fees shall be paid at the time of recording a final subdivision map.
(b) 
For real property which has been previously subdivided, and for which no drainage fees have been paid, the MSDF fees shall be paid at the time of issuance of a building permit. For such real properties, the MSDF fee to be paid will be based on the actual area of impervious surface shown on the site plan accompanying the application for building permit. Subsequent building permits on the same real property will require the payment of MSDF fees based on the actual area of impervious surface contained in each application.
(c) 
MSDF fees, and any exceptions thereto not provided for herein, for real property proposed to be subdivided and for previously subdivided real property subject to payment of fees, shall be established by resolution of the City Council.
(d) 
Exception. Applications which increase the impervious area on a parcel of real property by less than one hundred (100) square feet shall not be subject to the payment of MSDF fees.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-503; 715-CS, Repealed & Reenacted, 11/08/1990)
It is the responsibility of the developer of any real properties proposed for development to provide connection to the master storm drainage system. Where master storm drainage facilities do not exist, real property owners or developers may, at the option of the City, construct such portions of the master storm drainage system as required to serve their real property.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-504; 715-CS, Repealed & Reenacted, 11/08/1990)
(a) 
Reimbursement agreements may be entered into between the City and those real property owners and developers who build master storm drainage facilities providing for the reimbursement of costs incurred in the construction of those facilities.
(b) 
Reimbursement of costs incurred in the construction of master storm drainage facilities shall be made in the program year for the facility stated in the CH2M/HILL REPORT, or the most current modification thereto, and the sum due shall be calculated based on the most current Engineering News Record Construction Cost Index for the San Francisco Area (ENR) in use on the date of reimbursement as provided for in the reimbursement agreement.
(1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-505; 715-CS, Repealed & Reenacted, 11/08/1990)
(a) 
Drainage facilities necessary to connect any real property to the master storm drainage system and not shown in the CH2M/HILL REPORT are defined as "local drainage facilities" and are the responsibility of each developer of real property or real property owner to provide at the time of development of his real property, except as provided herein. Such facilities may include but are not limited to pipelines, manholes, catch basins, and on-site storage facilities.
(b) 
Where local drainage facilities are installed by one (1) real property owner or developer, and such local drainage facilities provide a connection to the master storm drainage system for one (1) or more additional real properties, a local drainage facility reimbursement agreement may be established by the City, whereby the developer or real property owner installing local drainage facilities may be reimbursed from the fees collected by the City of Turlock from the owners or developers of other real properties who subsequently connect to those facilities. The area covered by such local drainage facility reimbursement agreements will be defined at the time of installation of the facilities and reimbursement will be made based upon the original cost of the facilities, the area of the real properties included and the coefficients, pursuant to TMC Section 6-5-802, for the proposed land use of the real properties as shown in the Turlock General Plan. Reimbursement for the cost of local drainage facilities will be made upon connection to those facilities by other real property owners or developers. Reimbursement for local drainage facilities will not be made from funds collected for the purpose of defraying the cost of master storm drainage facilities.
(715-CS, Rep&ReEn, 11/08/1990; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-506)
Where Master Storm Drainage Facilities have not been installed, and where in the opinion of the City Engineer it is not feasible to construct Local Drainage Facilities to connect to the Master Storm Drainage System, the owner or developer of real property proposed for development shall be required to install Interim Drainage Facilities adequately sized to handle storm water runoff from his development, in addition to paying the appropriate MSDF fees. The Interim Drainage Facilities may include storm drainage retention basins or other systems approved by the City Engineer. Standards for calculating capacity of Interim Drainage Facilities shall be the same as those used in the design of Master Storm Drainage Facilities and Local Drainage Facilities.
(715-CS, Rep&ReEn, 11/08/1990; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-507)
Fees paid pursuant to Section 6-5-502 of this article and any resolution adopted pursuant thereto shall be placed in a Master Drainage Facilities Fund, to be used for the purpose of constructing, extending, and improving Master Drainage Facilities, as said facilities are described herein. Monies deposited into the Master Drainage Facilities Fund shall not be commingled with other monies, except for the purpose of temporary investment, as defined by California Government Code Section 66006(a).
(715-CS, Rep&ReEn, 11/08/1990; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-508)
On or before September 1 of each year, the Finance Director of the City of Turlock shall prepare a Master Drainage Facilities Annual Report. Such annual report shall contain the following information:
(a) 
The beginning and ending balance of the account for the fiscal year;
(b) 
The fee, interest, and other income collected during the fiscal year:
(c) 
The amount of expenditures from the account during the fiscal year, categorized by project as defined in the CH2M/HILL REPORT;
(d) 
The amount of refunds made during the fiscal year, pursuant to Government Code 66001(e), from unexpended or uncommitted Master Storm Drainage Fees, after five years have elapsed from their original date of collection.
(715-CS, Rep&ReEn, 11/08/1990; 1019-CS, Renumbered, 02/12/2004, Renumbered from 6-5-509)