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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. ATY \ORD \AT030590.343 2 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. ATY \ORD \AT030590.343 3 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 ATY \ORD \AT030590.343 4