7.4.702: DRAINAGE BASIN FEE PROGRAM:
A. Purpose: The purpose of this Section 7.4.702 is to implement the City's findings and policy that:
1. There is an urgent necessity of providing storm drains and other facilities for the drainage and control of flood and surface waters including facilities to detain stormwater within areas and territories to be subdivided and developed.
2. These facilities are required for the proper and orderly development of the areas and territories in order that storm and surface waters may be properly drained and controlled and that the health, property, safety, and welfare of the City and its citizens may be safeguarded and protected.
3. It is necessary under all the attendant circumstances that the owner and developer of the subdivision shall provide the drainage facilities within each subdivision necessary for the drainage and control of surface water within that subdivision and also to provide the facilities required to convey stormwater to such outflow or discharge point as shall be indicated in the drainage basin planning study for the area within which the subdivision is located.
4. Freeway, expressway, and major or minor arterial roadway bridges are required to span these drainage basins and allow for safe and convenient circulation of people and vehicles throughout the City. Because of their high cost, it is necessary to develop an equitable system for constructing these facilities.
B. Applicability:
1. General:
a. The collection of drainage, bridge, pond facility, pond land, and surcharge fees in this Section applies to land not otherwise excluded or exempted pursuant to this Section 7.4.702 and on which:
(1) Drainage, bridge, pond facility, and pond land fees have not been assessed; or
(2) The land was not included in the drainage fee calculation contained in a Drainage Basin Planning Study.
b. No replat, approval of Development Plans or Site Plans, or Building Permit for development or construction on land described in Subsection a above shall be approved or issued until the owner has complied with the terms of this Section 7.4.702.
2. Land upon which drainage, bridge, pond facility, or pond land fees have been paid, or upon which reimbursable stormwater infrastructure has been built in accord with detailed plans and specifications accepted by the City, may be replatted, developed, or redeveloped without additional assessment of drainage, bridge, pond facility, and pond land fees if the drainage study submitted with the replat, Development Plan, Site Plan, or construction drawings indicates no new stormwater improvements are required as a result of the proposed replat, development, or redevelopment, and that conclusion is approved by the Stormwater Enterprise Manager.
C. Drainage Basin Fee Program:
1. Studies of Drainage Basins and Calculation of Related Fees:
a. The Stormwater Enterprise Manager shall cause to be made new or updated engineering studies of drainage basins. The studies, known as drainage basin planning studies (DBPS), are to be authorized as finances become available. If public funds are not available and land development in a specific drainage basin is causing the need for a new or updated DBPS, a specific land developer(s) may be required to finance a new or updated study, subject to conditions and requirements of the Stormwater Enterprise Manager. The land developer(s) will be eligible for credit for the cost of the studies in accord with the provisions of Subsection 7.4.702C.7 below.
b. These DBPS studies and investigations shall show the conduits, channels, natural drainage courses (sometimes called "greenbelts"), detention basins, culverts, and all other facilities that are required to provide for the control of surface waters within the basins and to carry such waters to designated points of outflow or discharge. The studies shall include an estimate of the cost of providing the stormwater facilities, which computation of costs shall include the expense of the studies. The estimated cost per acre of providing the facilities shall be determined within each drainage basin by dividing the number of unplatted acres within the drainage basin into the total cost as provided. This per acre cost shall be known as the unit drainage fee.
c. If it is in the best interest of the drainage basin, as determined by the DBPS and approved by the Drainage Board, a detention pond land fee may be established for that basin. The DBPS will show all required acreage necessary for recommended reimbursable public detention ponds. The estimated cost per acre of providing land for the public detention reservoirs shall be determined within each basin by dividing the number of unplatted acres within the drainage basin into the total drainage credit value of the land. The credit value of the land is intended to match the City's park land dedication fee. This per acre fee shall be known as the unit pond land fee, and shall be deposited in the same subfund as the unit drainage fees.
d. Prior to January 1 of each year the unit drainage fee and the unit pond land fees shall be reviewed by the Drainage Board, which shall make a recommendation to the City Council as to any adjustment to the fees. In the absence of additional studies, the unit pond land fees are intended to be raised or lowered by the same percentage as the City's park land dedication fee. Upon such recommendation the City Council shall establish by resolution the unit drainage, bridge, pond facility, pond land, and surcharge fees in each drainage basin to be effective January 1 of each year. The fees shall be reestablished in accord with changes in construction and other costs or revisions suggested by additional studies or other information obtained.
e. If undue hardship would result to the subdivider by reason of the carriage of the water to the ultimate discharge or outflow point as shown on the DBPS, the Drainage Board may designate another discharge or outflow point at which the water will be received by an open channel, or other minimum or substitute facility to carry the water. At the discretion of the Stormwater Enterprise Manager, the subdivider may be required to prepare an amendment to the DBPS to reflect the change.
2. Drainage Basin Boundaries: The boundaries of the drainage fee basins have been delineated and approved by City Council. These delineations shall serve as official designations of the respective drainage basins concerned in this part, but the delineations shall be subject to revision by the Stormwater Enterprise Manager from time to time. Basin delineations are included in the City's GIS.
3. Establishment of Per Acre Cost for Needed Bridge Facilities:
a. The City Engineer shall make periodic engineering studies of those roadways designated on the City Major Thoroughfare Plan as freeways, expressways, or major or minor arterial roadways in relation to the drainage basins in the City, and the City Engineer shall determine and specify on the drainage basin maps of the City proposed or expanded arterial roadway bridges.
b. The City Engineer shall, after the completion of the arterial roadway bridge needs study, make an estimate of the cost for the expansion or construction of each arterial roadway bridge designated in each drainage basin.
c. The City Engineer shall then estimate that portion of the total estimated cost of each arterial roadway bridge that is attributed to the width of such bridge in excess of sixty-eight (68) feet. Such estimate shall be made by determining the percentage of the arterial roadway bridge over sixty-eight (68) feet and then by multiplying the total estimated cost by such percent. The product shall be the responsibility of the City and the City Engineer's estimate shall be final. The City Engineer shall deduct from the total estimated cost, the City Engineer's estimate of that portion of the total estimated cost allocable to that portion of such bridge in excess of sixty-eight (68) feet in width. The City Engineer shall then total all remaining costs for all the arterial roadway bridges in the given drainage basin, and divide such total by the total acreage of the drainage basin and determine a per acre cost for new or expanded arterial roadway bridges in the drainage basin to be paid into the arterial roadway bridge fund established for each drainage basin.
d. As an alternative, a per-acre cost may be developed or updated as part of a Drainage Basin Planning Study.
e. Review by Drainage Board and City Council: The City Engineer shall report such arterial roadway bridge per acre cost to the Drainage Board. The Drainage Board shall review the estimates of the City Engineer and then report and recommend to the City Council a per acre arterial roadway bridge cost for each drainage basin. City Council shall establish by resolution a per acre arterial roadway bridge cost for each drainage basin. Once established, such per acre cost shall be paid by each landowner during the subdivision platting process. Payment of the per acre cost shall be in cash to the applicable arterial roadway bridge fund. The funds collected shall be used only for the construction or expansion of new or expanded arterial roadway bridges as designated on the drainage basin maps by the City Engineer.
4. Bridge Fees and Charges:
a. Reestablishment of Fees: The arterial roadway bridge per acre cost may be reestablished by the City Council as necessary. Such reestablishment of the per acre cost shall be based on changes in construction and other costs of revisions suggested by additional studies or other information obtained.
b. City's Contribution: The City will contribute to each arterial roadway bridge fund established in each drainage basin that cost per acre that is attributed to land within the drainage basin for which the City Council has approved a Preliminary/Final Plat or a Final Plat before ____________. Such City contribution will be made only after the City Council has budgeted and approved such expenditure.
c. Reimbursement to General Fund: Should the City appropriate front-end money to facilitate the construction of new or expanded arterial roadway bridges in excess of its mandatory contribution, such excess amount shall be paid back to the City's general fund as land within the applicable drainage basin is platted, and until the City's excess payment is accounted for. As more land is platted, payment in the drainage basin shall then be to the applicable arterial roadway bridge fund.
d. Adjustment to Bridge Fee: As the per acre cost for the arterial roadway bridges is determined, the Drainage Board and City Council shall adjust the unit bridge fee for the drainage basin.
e. Arterial Roadway Changes Refunds or Credits: Should an arterial roadway be removed from the Major Thoroughfare Plan or Drainage Board Plan Study and the corresponding arterial roadway bridge be determined to be no longer necessary, a credit or a refund, as determined by the Drainage Board, may be granted to those persons, including the City, who have contributed for such bridge.
5. Exclusions and Exemptions: There are excluded and exempted from the provisions of this Section 7.4.702 those lands that were subdivided and the Final Plats of which have been approved by the City Council or the Board of County Commissioners of the County of El Paso on or before April 28, 1964 provided, however, that lands that have been annexed to the City upon the conditions and understanding that the included lands would be subject to the provisions of a drainage control ordinance and the payment of drainage, bridge, pond facility, pond land, and surcharge fees shall be subject to the provisions of this Section 7.4.702 regardless of whether or not the plats for such areas have been approved.
6. Annexed Lands: The owner or owners of lands that have been annexed to the City upon the condition and understanding that the included lands would be subject to the provisions of a drainage control ordinance and the payment of drainage, bridge, and pond fees, whether or not the plats for those lands have been approved, and the owners of lands presently or hereafter annexing lands to the City, shall, prior to final publication of the annexing ordinance, agree in writing with the City that the lands are subject to and they will comply with the provisions of this Section 7.4.702, including the payment of all required fees. The owner or owners shall further agree in writing that the required fees shall be paid prior to the final approval of the plat or other plan for or release of land for development and that the stormwater facilities will be installed within and in connection with the subdivision of the land as required in this Section 7.4.702.
7. Credit for Facilities:
a. Reimbursable Stormwater Facilities: Only reimbursable stormwater facilities are eligible for credit. Reimbursable facilities are those included in a DBPS cost estimate or specifically approved as reimbursable by the Drainage Board. To defer relevant fees or receive credit for constructed facilities, reimbursable stormwater facilities must be listed in an approved drainage report and must be considered reimbursable at the time of drainage report approval.
b. Subdivider May Be Credited:
(1) Upon the completion and acceptance of the stormwater facilities for a subdivision as required by this Part 7.4.7, the unit drainage bridge, pond facility, and pond land fees payable by the subdivider upon the land in the subdivision, or that portion upon of the subdivision for which final approval has been given and to which the facilities are applicable, shall be computed. If the amount of the fees is less than the cost of providing the facilities required by this Section 7.4.702, the subdivider (or, by written agreement approved by the Stormwater Enterprise Manager, any other party) shall be entitled to a credit from the appropriate basin subfund of the subdivision storm drainage fund in the amount that the cost of providing the facilities exceeds the fees payable by the subdivider.
(2) If the final approval is applicable to only a portion of the subdivision or tract or tracts of land owned by the subdivider and located within the drainage basin, at the option of the subdivider, the credit for the cost of the facilities' installation in excess of the applicable fees for the portion approved may be applied upon and credited to the appropriate fees upon the balance of the subdivision or tract or tracts of land owned by the subdivider, provided that the subdivider furnishes the Drainage Board satisfactory evidence that the subdivider owns the subdivision or tract or tracts of land, or has entered into a written contract to purchase the subdivision or tract or tracts of land, as of the date that application for the credit is made.
(3) The subdivider may determine to construct stormwater facilities as required by the DBPS prior to subdividing or otherwise developing land. In that event the fees applicable to the land proposed to be subdivided or otherwise developed may, with the approval of the Stormwater Enterprise Manager, be fixed at the time the subdivider contracts for the construction of the drainage.
c. Determination of Credit for Stormwater Facilities:
(1) The credit to which a subdivider shall be entitled from the appropriate basin subfund of the subdivision storm drainage fund, as set forth in Subsection b above, shall be determined on the basis of the actual cost incurred in constructing the stormwater facilities, plus up to ten percent for incurred engineering expense. The subdivider shall be responsible for contracting for the construction of the stormwater facilities after receiving at least three (3) sealed bids for construction of the stormwater facilities from contractors. If the subdivider is unable to get at least three (3) sealed bids, the Stormwater Enterprise Manager shall be responsible for determining that the bid or bids received are the lowest responsible bids. The decision of the Stormwater Enterprise Manager may be appealed to the Drainage Board. The bid justification and determination shall be made prior to the start of construction of the stormwater facilities. The subdivider shall award the bid to the lowest responsible bidder within ninety (90) days after receiving the bids.
(2) If the bids exceed the estimate of the cost of constructing the stormwater facilities as set forth in the DBPS, they shall be rejected unless the subdivider's engineer and Stormwater Enterprise Manager determine that any bid exceeding the engineer's estimate is the lowest responsible bidder unless the subdivider declares a desire to accept a higher bid. This determination shall be made prior to the start of construction of the stormwater facilities. If such is the case any credit shall be based on DBPS estimate. Any disputes pertaining to this Subsection 7.4.702C.7 shall be referred to the Drainage Board for determination.
8. Determination of Credit for Land Used for Reimbursable Public Detention Facilities: The credit to which a subdivider shall be entitled from the appropriate subfund of the basin involved in the subdivision storm drainage fund shall be determined on a per acre basis. The per acre land credit shall be equal to the applicable park land fee in use at the time of the associated plat recordation.
D. Allocation of Interest Earned: Interest earned by the investment of surplus funds that may temporarily accumulate in the storm drainage fund shall be allocated to a drainage contingency fund, which may be used to make up deficits in existing subfunds for purposes of reimbursement. Interest may also be used to fund administration and management of the basin fee structure, or for such other drainage purposes as determined by the Drainage Board with the prior approval of City Council. (Ord. 23-03)
