The Town Council finds and declares that:

   a.   The intent and purpose of this article 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 borne by new developers and not existing residents.

   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 of 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 article 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.

(Ord. #91-26, §1)

   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. (Ord. #91-26, §l)

   The amount of the fee shall be as established by resolution of the Town Council. (Ord. #91-26, §1; Ord, #98-06, §9)

   The NPDES fee shall be paid to the Town of Danville before issuance of a building permit. (Ord #91-26, §1)

   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:

   a.   Day care center;

   b.   Hospital, charitable or philanthropic institution or convalescent home;

   c.   Church, religious institution and parochial or private school including a nursery school;

   d.   Community building, club or activity of a public or quasi-public character;

   e.   Publicly owned building and structures.

   (Ord. #91-26, §1)