FMFCD Drainage Fee

“4.101.0. PURPOSE. The Board of Directors hereby declares and finds that the development of land substantially accelerates the concentration of surface and storm waters and that it is necessary to provide for the construction of and establish and collect fees to defray all or a part of the actual or the estimated cost of constructing planned local drainage facilities and improvements for the control and safe disposal of surface and storm waters from local drainage areas in order to promote and protect the public safety, peace, comfort, and convenience and the general welfare”

“The fee shall be used solely to pay: (a) costs related to the design, administration and construction of the described public storm water facilities; (b) for reimbursing the District for the development's fair share of those costs incurred by the District in the design and construction of the described public storm water facilities; or (c) to reimburse other developers who have constructed public facilities in each service area where those facilities were beyond that needed to mitigate the impacts of the other developers' project or projects”

“The Funds were first subdivided into three (3) Zones. Zone 1 consists of drainage areas around the core area of the Cities. These drainage areas are all independent watersheds each with their own drainage system and drainage fee schedule. Each drainage area has a separate fund to account for fees individually. Zone 2 is comprised of the drainage areas within the original core area of the City of Fresno and has been aggregated into a combined drainage system with one drainage fee schedule. Zone 3 is comprised of the drainage areas within the original core area of the City of Clovis and has been aggregated into a combined drainage system with one drainage fee schedule.”

1988-02-09 (fee schedule established); chapter last amended 2000-12-20

“Fresno Metropolitan Flood Control District / Ordinance Code: Ordinance 2000-3 / CHAPTER 4 / DRAINAGE FEES ... Date Last Amended: December 20, 2000”

Resolution No. 1412 (schedule); Ordinance 2000-3, Chapter 4 – Drainage Fees (enabling chapter)

“Fresno Metropolitan Flood Control District / Ordinance Code: Ordinance 2000-3 / CHAPTER 4 / DRAINAGE FEES ... Date Last Amended: December 20, 2000”

“4.104.0. DEVELOPMENT WITHOUT PAYMENT OF LOCAL DRAINAGE FEE PROHIBITED. No person shall divide or construct, erect, install or create, or cause or permit to be divided or constructed, erected, installed or created, any development on any parcel of land on which the local drainage fee required by this Chapter has not been paid; and no building permit or other permit for any development shall be issued unless the required local drainage fee has been paid or provisions for payment made with the District.”

City of Fresno (designated city), collecting on behalf of the District

“The designated city or County shall, collect and transfer to District or may designate the District to collect the local drainage fees required pursuant to said Ordinance and shall impose such conditions and requirements identified by District for development and divisions pursuant to the provisions of said Ordinance.”

“(e) Exceptions. Local drainage fees are not payable for the performance of the following items of work: (1) Except in the case of a division, any development work which consists solely of the construction, erection, or installation of: (i) Fences, pole lines, underground conduits, or pipelines, or similar developments which, as determined by the Manager do not materially alter the natural surface of a parcel of land; or (ii) Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements undertaken in the absence of other related development as defined herein, within any street or alley.”

“4.106.0. CREDITS, REIMBURSEMENTS FOR FEES AND FACILITIES PREVIOUSLY PAID AND INSTALLED. CONDITIONS. (a) In the computation of the local drainage fee payable because of the development or division of any parcel of land, a credit shall be allowed for planned local drainage facilities and improvements dedicated or constructed with respect to such parcel. Such credits are limited to the actual cost of lands dedicated in fee title, or the actual cash expenditures for the construction of local drainage facilities constructed and still in existence and use in any street, alley, or public easement, and not purchased or constructed by special assessment proceeding”