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HomeMy WebLinkAbout141ORDINANCE NO. 141 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING A STORM DRAINAGE ASSESSMENT FUND, MAKING PROVISIONS FOR PAYMENTS THERETO, AND FOR REIMBURSEMENT FOR CONSTRUCTION OF EXCESS FACILITIES. The City Council of the Town of Los Altos Hills does hereby ordain as follows: SECTION 1. Purpose. The City Council of the Town of Los Altos Hills hereby finds and determines that continual residential development within the Town is substantially changing the natural pattern of runoff of storm waters, and natural storm water channels which formerly had adequate capacity are now becoming overloaded, with the consequent possibility of damage to adjacent property, and constituting a threat to public health, safety and welfare of the Town of Los Altos Hills. The purpose of this ordinance is to establish a Storm Drainage Assessment Fund and to provide for payment of fees for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local and neighborhood drainage areas throughout the Town of Los Altos Hills. SECTION 2. Implementation of Plan. This ordinance is adopted in order to implement that certain Master Plan for Storm Water Drainage prepared by Charles S. McCandless & Co., Consulting Engineers, and dated March 1969, which contains an estimate of the total costs of constructing the local drainage facilities required by the plan, and maps of the drainage areas within the Town, showing their boundaries and the location of planned drainage facilities, and which said plan is hereby adopted as the Master Plan for Storm Water Drainage of the Town of Los Altos Hills. SECTION 3. Creation of Fund. There is hereby created a Special Fund within the Town of Los Altos Hills to be entitled, "Storm Drainage Assessment Fund." SECTION 4. Storm Drainage Improvements and Assessments in New Subdivisions. a. As a condition precedent to the approval of every final subdivi- sion map substantially conforming to a tentative map of the same land, which tentative map was filed after the effective date of this ordinance, the subdivider shall be required to deposit in the Storm Drainage Assessment Fund the amount of $400.00 for each new approved building site within the subdivision. For all purpose: V `i under this ordinance, the term "subdivision" is defined as said term is defined in Ordinance No. 69 of the Town of Los Altos Hills as amended. b. Every subdivider shall install at his own coat all facilities required to properly drain his own tract, including, without limitation, curbs, gutters, catch basins, collector pipes and open channels, and the incremental capacity for channels crossing the subdivision required to accommodate waters arriving within the subdivision. c. Every subdivider shall install drainage facilities within his tract to accommodate out -of -tract drainage flowing across the subdivided property, sized for ultimate development of all lands above the subdivided property. The Town Engineer shall supply data necessary for determination of design capacities. d. If the amount of waters entering the subdivision from above are to be transported across the subdivision in one or more open channels and the design capacities at the subdivision inlet specified by the Town Engineer do not exceed 100 cubic feet per second for any one of the channels, then the total cost of transporting all waters across the subdivision shall be borne by the subdivider. e. If the waters entering the subdivision from above are to be transported across the subdivision in buried conduits and the design capacities of the subdivision inlets specified by the Town Engineer do not exceed the quantities that can be carried by 30 inch internal diametor pipes then the total cost of transporting all waters across the subdivision shall be borne by the subdivider. f. If the waters entering the subdivision from above are to be transported across the subdivision in open channels and the design capacities at the tract inlets specified by the Town Engineer exceed 100 cubic feet per second then the subdivider shall install all required facilities, and upon completion and approval by the Town Engineer subdivider shall be reimbursed from the Storm Drainage Assessment Fund, when and if available, the amount that the approved construction cost estimate exceeds $10.00 per linear foot of channel but in no case more than the amounts determined by the following schedule: Schedule I Maximum Reimbursement to Subdividers for Improving Open Channels Channel Design Capacity Maximum Reimbursement cfs $/Linear Foot Up to 100 0.00 100 - 150 5.00 150 - 200 10.00 -2- V Schedule I (cont -d) Channel Design Capacity J Maximum Reimbursement $/Linear Foot 15.00 20.00 25.00 30.00 40.00 50.00 In calculating the reimbursement due the subdivider under this section, short reaches of closed conduit used at street crossings within the subdivision shall be reimbursed at the same rate as for open channels. g. If the waters entering the subdivision from above are to be transported across the subdivision in enclosed conduits and the design capacities specified by the Town Engineer exceed the quantities that can be transported in 30 inch internal diameter conduit, then the subdivider shall be reimbursed from the Storm Drainage Assessment Fund, when and if available, the amount that the approved construction cost estimate exceeds $15.00 per linear foot of conduit but in no case more than the amounts specified in the following schedule: Schedule II Maximum Reimbursement to Subdividers for Installing Closed Conduits Conduit Size Maximum Reimbursement Inches - I.D. $/Linear Foot 30 0.00 33 3.00 36 6.00 39 10.00 42 13.00 45 16.00 48 20.00 54 25.00 6o 30.00 66 4o.00 72 50.00 78 6o.00 84 70.00 -3- In applying the above schedule if eliptical pipe or rectangular box culverts are used in place of circular pipe then the reimbursement shall be calculated on the basis of equivalent area of flow cross section corresponding to the above schedule. h. When combinations of open channels and closed conduits are used only for street crossings, then the reimbursement due the subdivider shall be computed according to the actual amounts of each type of facility installed using Schedule I and II above. SECTION 5. Contributions by Other Developers. As a condition precedent to the issuance of any building permit for construction of any structure upon any property, the applicant shall pay to the Town a sum of money equal to $.06 per square foot for the total square footage of all roofed and paved areas required for completion of the structure or development covered by the building permit. SECTION 6. Disbursements from Fund. Monies in the Storm Drainage Assessment Fund shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the Town, or to reimburse the Town for the cost of engineering and administrative services related to the Master Plan for Storm Water Drainage, and design and construction of the facilities. Facilities shall be constructed only in accordance with a priority list for channel improvements, which list shall be prepared by the Town Engineer and approved by the City Council. Said priority list shall be reviewed and revised if appropriate annually or as directed by the City Council. Funds in the storm Drainage Assessment Fund are not restricted to be used in a specific watershed from which they were collected, since the entire Town of Los Altos Hills constitutes a single planned local drainage area. The City Council of the Town of Los Altos Hills hereby finds and determines that all lands within the Town have common drainage problems, and that the correction of any problem is a benefit to the entire community. SECTION 7. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City -4- 1r J Council hereby declares it would have adopted the ordinance and each section, sub- section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8. Posting and Effective Date. This ordinance shall be posted in three public places within the Town of Los Altos Hills, and shall become effective thirty (30) days following its adoption. CERTIFICATION OF ADOPTION I HEREBY CERTIFY that the foregoing ordinance was introduced at a Regular Meeting of the City Council of the Town of Los Altos hills held on January 59 1970, and was thereafter, at a Regular Meeting of said Council held on January 19, 1970, passed and adopted by the following roll call vote: AYES: Councilmen Henson, Helgesson, Mayor Aiken NOES: None ABSTENTION: Councilman Davey ABSENT: Councilman Fowle �}APPROVED' {/ /s/WM. ROSS ASICs! Mayor Town of Los Altos Hills ATTEST: - .� s ENNIS R. LAHR City Clerk Town of Los Altos Hills