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(1) Excess Capacity Credits. The Storm Drain SDC Fund will credit a developer who is subject to the SDC, an amount equal to 25 percent of the calculated cost of all conveyance facilities which are 24 inches, or larger, in diameter as required by sound engineering design, and constructed with, or as a part of, the developer’s improvement project. Such oversize facilities are intended to provide additional capacity for flows from future upstream development. Oversize pipes designed to carry flows generated exclusively from the developer’s project, or pipes used for detention purposes related to the runoff from the developer’s site, are not eligible for Storm Drain SDC credits, regardless of diameter. Calculated costs by pipe size are established in the most recent fee schedule approved by resolution of the City Council. The calculated cost per linear foot shall be adjusted July 1st each year by the January to January Engineering News Record Construction Cost Index (EENR-CCI).

Costs of other pipe sizes not shown in the fee schedule will be determined by interpolation.

Eligible credits for oversize pipe construction shall be paid in cash to the developer in accordance with the parameters identified below. All cash payments will be approved administratively per applicable expense authority limits of the City’s contracting and purchasing code. For land divisions, the payment shall be made after completion and acceptance of the improvements, or the recording of the final plat, whichever comes later. For all other improvements, payment shall be made after completion and acceptance of the improvements.

(2) Capital Improvement Projects.

(a) Storm Drain SDC credit shall be given for construction of improvements that meet the following criteria:

(i) The improvement was a required or negotiated condition of development approval; and

(ii) The improvement is, or is part of, a capital improvement as identified in Section 3.890.

(b) The Storm Drain SDC credit shall not exceed the value collected in SDC fees for the capital improvement project or available funds.

(3) Credits for Runoff Control Measures.

(a) Upon application, a person responsible may seek a reduction of the monthly utility fee for storm drainage service and/or the systems development charge for storm drainage. Upon submission of appropriate evidence, the City Engineer shall consider the application. The applicant must show to the City Engineer’s satisfaction:

(i) The amount of permanent reduction in runoff for the property due to the retention system; and/or

(ii) The amount of stormwater being discharged directly from the property into Bear Creek.

(b) The system development charge shall be 70% of the normal SDC determined in Section 3.890, and applies to either (i) or (ii) above. Elimination of the system development charge may only be made for (i) above. Discharge directly to Bear Creek will not result in an elimination of the fee, but only a reduction.

(c) Any reduction in monthly utility fee shall continue until the property is further developed or until the City Engineer determines the property no longer qualifies for the reduction. Upon further development of the property another application may be made by a person responsible. Any applicant aggrieved by the City Engineer’s decision may appeal to the City Council by filing with the City Recorder a written request for review as provided in Section 1.025.

[Added Sec. 2, Ord. No. 2005-228, Oct. 6, 2005; Amd. Sec. 2, Ord. No. 2007-105, May 17, 2007; Amd. Sec. 2, Ord. No. 2009-127, Jun. 4, 2009; Amd. Sec. 4, Ord. No. 2012-197, Dec. 20, 2012; Amd. Sec. 6, Ord. No. 2016-13, Jan. 21, 2016; Amd. Sec. 8, Ord. No. 2017-69, Jun. 15, 2017; Amd. Exh. A, Ord. No. 2021-135, Nov. 4, 2021; Amd. Sec. 2, Ord. No. 2022-149, Dec. 15, 2022.]