HomeMy WebLinkAbout91-26 ORDINANCE NO. 91-26
AN ORDINANCE OF THE TOWN OF DANVILLE ADDING ARTICLE X TO CHAPTER
XXXII OF THE DANVILLE MUNICIPAL CODE, RELATING TO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES)
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER XXXII, (Planning & Land Use) ARTICLE X ADDED: Article X of
Chapter XXXII is hereby added to the Danville Municipal Code to read as follows:
ARTICLE X
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FEE
32-100 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FEE
32-100.1 Intent and Purpose. The Town Council find and declares that:
a. The intent and purpose of this Ordinance is to create a fee to be collected of all
new development to provide the minimum funding necessary to offset costs to
Town resources in the implementation of a National Pollutant Discharge
Elimination System (NPDES). In this regard, the Danville Town Council hereby
finds, based on the staff report submitted herewith, and oral and documentary
evidence submitted to the Town Council at a public hearing on August 6, 1991, that
this fee does not exceed the reasonable cost of providing the service or regulatory
activity for which the fee is charged and is not levied for general revenue purposes.
b. The Town of Danville does hereby support the Federal Environmental Protection
Agency, the San Francisco Bay Region of the California Regional Water Quality
Control Board, the Contra Costa County Flood Control and Water Conservation
District and the local municipalities in the County of Contra Costa in their mutual
efforts to identify and reduce storm water runoff pollutant discharge into the
waters of San Francisco Bay.
c. New development within the Town of Danville does inherently create additional
drainage volume and add to the existing pollutants entering the waters of San
Francisco Bay.
d. The Town of Danville General Plan for Infrastructures has Goals and Policies
specifying the incorporation of flood control systems to preserve existing
waterways consistent with public safety and requires that the cost of upgrading
those public facilities be born by new developers and not existing residents.
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e. The Town of Danville staff will be responsible for the implementation of portions
of the Federal Clean Water Act requiring identification of pollutants and ultimately
their removal from storm water runoff from sites within the Town's boundaries.
In order to implement this program and comply with directives Jo[, the Town
General Plan, Town staff and resources will be devoted to this end, and funding
for this program shall be collected from new development.
f. This ordinance is adopted under the police power of the Town, Article XI, Section
7 of the California Constitution, and under the appropriate provisions of the
Planning and Zoning Law of the State of California, Government Code § 66014
through § 66018
32-100.2 Fee Requirement. A person who applies for a permit for the construction
of a new (not for additions or remodels) residential or commercial building shall pay to
the Town a National Pollutant Discharge Elimination System Fee for the elimination of
storm drainage runoff pollutants.
32-100.3 Fee Amount. The fee amount shall be determined from time to time by
ordinance of the Town Council. The fee amount shall be included in section 30-1.2 of
the Town Municipal Code, which section is reviewed annually and updated to reflect
current costs.
32-100.4 Time of Payment. The NPDES fee shall be paid to the Town of Danville
before issuance of a building permit.
32-100.5 Exemptions. The fee imposed by this section does not apply to a permit for
the construction of a building for the following public and quasi-public uses:
1. Day care center;
2. Hospital, charitable or philanthropic institution or convalescent home;
3. Church, religious institution and parochial or private school including a
nursery school;
4. Community building, club or activity of a public or quasi-public character;
5. Publicly owned building and structures.
SECTION 2. AMENDMENT OF FEE SCHEDULE: Section 30-i.2 of the Danville Municipal
Code is hereby amended by adding a new subparagraph 7 under the
heading "ENGINEERING SERVICE," to read as follows, and by making
corresponding changes in the numbering of succeeding subparagraphs:
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"7. NPDES (National Pollution Residential = $ 30.00
Discharge Elimination System) Multi-residential = $ 125.00
Elimination of Drainage Runoff Commercial = $ 250.00
Pollutants Administration problems are to be
determined by the City Engineer on a
cost + 33% basis, and shall include all
related costs including consultant fees,
cleanup, transportation, disposal and
litigation."
SECTION 3. PENALTIES: Violation of this Ordinance shall be an infraction, punishable
by a fine of three times the fee amount per violation.
SECTION 4. SEVERABILITY: The Town Council hereby declares that every section,
paragraph, clause and phrase are severable. If any section, paragraph,
sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining sections, paragraphs,
sentences, clauses or phrases.
SECTION 5. CODIFICATION: Sections One and Two shall be codified in the Danville
Municipal Code. Sections Three, Four and Five shall NOT be codified in
the Danville Municipal Code.
The foregoing Ordinance was first read and introduced on October 1, 1991 and approved
and adopted by the Danville Town Council at a Regular Meeting on October 15, 1991, by
the following vote (fee to become effective as of January 1, 1992):
AYES: Greenberg, Lane, Ritehey, Schlendorf, Shimansky
NOES: None
ABSTAINED: None
ABSENT: None
Mayor
APPROVED AS TO FORM: ATTEST:
ity Attorney E;ity Clerk
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