Ord 1814 - AMENDING ARTICLE VII OF CHAPTER 27 RELATING TO STORM AND SURFACE WATER DRAINAGE FEESORDINANCE 1814
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
ARTICLE VII OF CHAPTER 27 RELATING TO
STORM AND SURFACE WATER DRAINAGE FEES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
SECTION I
Section 27 -87 of article VII of Chapter 27 of the Town Code is hereby amended to
read as follows:
Section 27 -87. Fees for construction of facilities serving new buildings, improvements
and planned structures.
The Town Council shall establish by resolution a schedule of fees to be used
for the construction of drainage facilities serving new buildings, improvements
(including but not limited to paving) or structures to be constructed in Local
Drainage Areas No. I, No. II and No. III, which, determined by the Town Engineer,
substantially impair the perviousness of the surface of land.
A. In areas that are subdivided pursuant to the terms of the Subdivision
Map Act or local ordinance supplementary thereto:
1. For new single- family residential lots and the construction of off -
site improvements appurtenant thereto located within the "Hillside
Subdivision Area," as described in Exhibit B of Ordinance 715 of the
Town, the fee shall be computed at the rate prescribed in the most
current schedule of fees adopted by the Town Council. For buildings,
structures, and improvements appurtenant to the new lots, the
schedule of fees shall be as set forth in Paragraph B below.
2. For new single - family residential lots and the construction of off -
site improvements appurtenant thereto located in all other areas, the
fee shall be computed at the rate prescribed in the most current
schedule of fees adopted by the Town Council. For buildings,
structures and improvements appurtenant to the new lots, the
schedule of fees shall be as set forth in Paragraph B below.
3. The maximum drainage fee charged for single - family residential
lots which are in excess of one acre shall be at the rate prescribed by
subparagraphs 1 and 2 above for a single acre lot. Further division
of such lots into additional building sites will require that an
additional drainage fee be paid in an amount equivalent to that
prescribed by subparagraphs 1 and 2 above.
4. For multiple - dwelling residential lots and the construction of off -
site improvements appurtenant thereto, the fee shall be at the rate
prescribed in the most current schedule of fees adopted by the Town
Council.
5. For commercial or industrial lots and the construction of off -
site improvements appurtenant thereto, the fee shall be at the rate
prescribed in the most current schedule of fees adopted by the Town
Council.
6. Upon filing of a tentative subdivision map or parcel map the
applicant shall certify to the number of acres in each lot.
B. In areas that are not subdivided pursuant to the terms of the
Subdivision Map Act or local ordinance supplemental thereto:
1. For single family residences, buildings, structures and
improvements appurtenant thereto, included within the lot, the fee
shall be computed at the rate prescribed in the most current schedule
of fees adopted by the Town Council.
2. For multiple - dwelling units, whether in the form of numerous
single living units, duplexes, triplexes, quadruplexes or apartment
houses, and buildings, structures or improvements appurtenant
thereto, included within the gross site development plan or lot of such
dwelling, the fee shall be computed at the rate prescribed in the most
current schedule of fees adopted by the Town Council.
3. For commercial or industrial buildings, hospitals, churches,
schools and buildings, structures or improvements appurtenant
thereto, included within the gross site development plan or lot, the
fee shall be computed at the rate prescribed in the most current
schedule of fees adopted by the Town Council.
4. For all other types of buildings, structures, or improvements
including all accessory structures or improvements appurtenant
thereto, the fee shall be computed at the rate prescribed in the most
current schedule of fees adopted by the Town Council.
5. Upon application for a building permit, the applicant shall
certify to the number of square feet of existing and proposed
impervious area in each lot. The fee shall be based on the net
increase in impervious area created by the buildings, structures and
improvements described in subparagraphs 1, 2, 3, and 4 above.
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SECTION II
Section 27 - 39 of Article VII of Chapter 27 of the Town Code is hereby amended
to read as follows:
Section 27 -89. Reimbursements and Waivers.
The Town Engineer may require that improvements to be installed by a
subdivider for the benefit of the subdivision contain supplemental size, capacity,
number, or length for the benefit of property not within the subdivision, and that
those improvements be dedicated to the public. The developer may be compensated
for this additional work through any combination of the following: (1) the Town may
enter into an agreement with the subdivider to reimburse the subdivider for the
portion of the cost of those improvements, including an amount attributable to
interest, in excess of the construction required for the subdivision; (2) the Town may
waive the drainage fee to be collected for the project in an amount equal to the cost
of the improvements; or (3) the Town may use drainage fee funds to reimburse the
subdivider for the cost of those improvements as provided for in Section 27 -86 above.
SECTION III
Section 27 -91 of Article VII of Chapter 27 of the Town Code is hereby amended to
read as follows:
Section 27 -91. When Fee Not To Be Collected.
No fee shall be collected for any buildings, structures or improvements
installed or constructed in substantially the same location and size and for the same
use as previously existing buildings when such new buildings, structures or
improvements are being constructed or installed as replacements for the previously
existing buildings, structures or improvements.
SECTION IV
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
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This ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos on March 5, 1990 and adopted by the following vote as an
ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los
Gatos on March 19, 1990.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura and Mayor Thomas J. Ferrito.
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
X MAYOR OF T
LOS GATOS. AL
ATTEST:
CLERK OF THE TOWN OF GATOS
LOS GATOS, CALIFORNIA
TOWN OF LOS GATOS
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