PREFACE
The Riverside County Flood Control and Water Conservation District's Board of Supervisors has established the "Rules and Regulations for Administration of Area Drainage Plans" to outline policies for managing Area Drainage Plans (ADPs) These regulations define the design and construction responsibilities for ADP facilities funded or built by private developers and subdividers, in accordance with the Subdivision Map Act and Riverside County Ordinance No 460, Section 10.25.
The application of guidelines may vary based on several factors, including the language in the Board Resolution that establishes a specific Alternative Development Plan (ADP), the development conditions set by the County or local land-use authority for tentative subdivision map approvals, the terms outlined in a Cooperative Agreement between the District and the Developer, and the stipulations of a Joint Community Facilities Agreement (JCFA) Any adopted or amended ADPs will have their Resolution of Adoption integrated into this policy statement by reference.
If a Developer intends to build ADP facilities within an approved Specific Plan before the adoption of a tentative map, the Specific Plan will be regarded as a tentative subdivision map for the purposes of these Rules and Regulations, and all related rules will be applied accordingly.
ADP fees collected by the District cannot be utilized for constructing facilities within an incorporated City unless the City has adopted a corresponding ADP and established a similar fee schedule through local ordinance The City’s ADP fee schedule must be revised whenever the Riverside County Board of Supervisors decides, following proper notice, coordination with City staff, and public hearings, that an adjustment to the current ADP fee is necessary.
Any scenarios not addressed by the established policies will be managed through additional guidance from the District's Board of Supervisors or via a Board-approved Cooperative Agreement.
DEFINITIONS
1) Area Drainage Plan (ADP): Area Drainage Plan as adopted by the Riverside County Board of Supervisors pursuant to Ordinance No 460.
2) ADP Facility: A distinct drainage facility, or segment thereof, that is identified in an adopted ADP.
3) ADP Fee: The effective per acre drainage fee established by the Riverside County Board of Supervisors pursuant to the Subdivision Map Act and County Ordinance No 460.
Entities participating in an ADP can earn drainage fee credits for specific actions, which can also be transferred to other entities This total amount of drainage fee credits is referred to as "ADP Fee Credit." These credits can be utilized to meet ADP Fee Obligations, adhering to the specified conditions and limitations.
The ADP fee obligation refers to the total drainage fee imposed on a particular parcel or parcels due to a land division or discretionary land-use entitlement when permits are filed.
6) Appurtenant Drainage Facilities: Appurtenant drainage facilities include catch basins, inlets, basins, connector pipes and non-ADP storm drains that are associated with ADP facilities.
7) Book Value: Estimated construction cost of an ADP Facility (including engineering, contract administration and contingencies) as published in the ADP
8) Developer: Any landowner, agent of such landowner, and its successors and assigns, who makes or causes to be made, a subdivision of land or a land development.
A developer's credit balance in the Area Drainage Plan fund represents the surplus of project credits over drainage fee obligations This credit is tied to the developer and does not transfer with the property, as specified in the cooperative agreement.
The Gross Acreage calculation for a subdivision excludes open space lots, park sites, and water quality basins, as well as detention basins However, it includes impervious surfaces such as public and private streets Additionally, easements are not factored into the total acreage determination.
11) Large Lot: As pertains to a residential subdivision, a lot that is greater than 1 acre in size.
12) MOU: Memorandum of Understanding for Design, Construction, Operation and Maintenance of Flood Control Drainage Facilities.
13) Non-Public Works Contract: Developer-issued Private Works Project construction contract that foregoes the public bidding process.
14) Per Lot Drainage Fee: As pertains to a residential subdivision or condominium project, the ADP fee per individual lot.
A Public Works Contract is a construction agreement issued by a developer or district for building an ADP Facility, which must be awarded to the responsible bidder(s) with the lowest responsive bid(s) as per the Public Contract Code The contract specifications and bid documents mandate that all contractors pay prevailing wages, provide Certified Payroll records, and adhere to relevant provisions of the Labor Code, Government Code, and Public Contracts Code concerning public works projects.
16) Small Lot: As pertains to a residential subdivision, a lot that is less than or equal to 1 acre in size.
A subdivider is defined as any individual or entity, including firms, corporations, partnerships, or associations, that proposes or executes the division of real property into a subdivision for personal or others' use However, it is important to note that employees and consultants working for these entities are excluded from this definition when acting in their professional capacities.
GENERAL PROVISIONS
Before starting the construction of an ADP Facility, a Cooperative Agreement must be established among the District, Developer, Subdivider, and the relevant local land-use authority This agreement outlines the mutual commitments related to the facility's design, construction, inspection, and acceptance, covering aspects such as contract timing, ADP Fee Credit, payment of deposits, inspection processes, surety provision, right-of-way transfers, insurance requirements, and indemnification Typically, the District staff will handle the preparation and processing of this agreement in conjunction with the improvement plan review, following the submission of a completed “Application for Agreement Preparation” by the Developer Additional information and the application form can be found on the District's website: www.rcflood.org/DevelopmentReview.aspx.
Construction of facilities will only begin once the Cooperative Agreement is signed, improvement plans are approved by the District's General Manager-Chief Engineer, all required rights of way are secured to the District's satisfaction, and a Notice to Proceed is issued by the District Unless a written agreement states otherwise, the District will conduct construction inspections for privately constructed ADP Facilities on a fee deposit basis.
A Non-Public Works Contract is a Developer-issued Private Works Project contract that bypasses the public bidding process To ensure compliance, the Developer must meet several key requirements: plans must receive approval from the District before a Notice to Proceed is issued; construction specifications must align with the latest "Memorandum of Understanding (MOU) For Design, Construction, Operation and Maintenance of Flood Control Drainage Facilities" between the District and Riverside County Transportation Department; and the Developer or its contractors must provide labor and material payment bonds, as well as contract performance bonds, totaling 120% of the estimated construction cost These bonds must name the Developer, District, and County of Riverside as obligees and be issued by insurance or surety companies approved by the District and County, with all documentation in a form sanctioned by the County's legal counsel.
To ensure the proper construction of an ADP Facility under the oversight of the District, the Developer must adhere to specific requirements This includes obtaining District approval for Plans and Specifications, as well as Bid and Contract Documents before soliciting construction bids The Developer is responsible for publicly soliciting bids in accordance with District procedures and the Public Contract Code, awarding contracts to the lowest responsible bidder Additionally, all contractors must comply with prevailing wage laws and provide Certified Payroll records The Developer must secure labor and material payment bonds, alongside performance bonds, totaling 120% of the contract price, issued by approved surety companies Adequate insurance coverage must be maintained throughout construction, including General Liability and Workers Compensation The Developer and contractors must also comply with any additional requirements set by the District In cases where the Developer provides plans or funds for construction, the District will manage the contract specifications and bidding process, with ADP Fee Credits outlined in a formal agreement.
The District will take responsibility for the operation and maintenance of privately constructed ADP Facilities, as outlined in a Cooperative Agreement between the District, the County of Riverside (or the relevant local land-use authority), and the Developer.
Catch basins, inlets, connector pipes, and non-ADP storm drains associated with Area Drainage Plan facilities on publicly maintained County roads or dedicated easements, referred to as Appurtenant Drainage Facilities, are generally maintained by the Riverside County Transportation Department as per the MOU with the District In contrast, Appurtenant Drainage Facilities situated within incorporated cities are typically maintained by the respective city Any deviations from these standard maintenance responsibilities will be outlined in a Cooperative Agreement.
Major Plan Revisions
Proposed Major Plan Revisions to the ADP must undergo an amendment process, which includes a public hearing by the Riverside County Board of Supervisors or the relevant local land-use authority These revisions involve changes that increase the total cost of the ADP Facility components by over fifteen percent (15%) and may necessitate updates to the Master Drainage Plan and related CEQA documents.
Minor Plan Revisions
Establishment of ADP Fees
Time of Payment
EARNING ADP FEE CREDIT
When calculating the ADP Fee Credit, costs related to constructing facilities for localized drainage or those deemed for the Developer's convenience are not considered Additionally, expenses for non-ADP components—such as interim collection dikes, outlet structures, oversized facilities for temporary hydrologic conditions, unlisted bridges, and enhancements tailored to specific development needs—are also excluded from the credit assessment.
The District may grant ADP Fee Credit under any the following circumstances:
A Construction of an ADP Facility pursuant to a privately administered construction contract;
B Construction of an ADP Facility pursuant to a privately administered construction contract conforming to the requirements of a District administered public works contract;
C Construction of an ADP Facility pursuant to a District administered public works contract;
D Inclusion of property in an Assessment District (AD) or Communities Facilities
District (CFD) formed to construct ADP Facilities;
E Dedication of rights of way necessary for the construction of an ADP Facility;
F Construction of an alternative ADP facility (e.g., detention basin) that achieves an overall net cost savings to the ADP; and
G Accepting ADP Fee Credit in lieu of a cash payment pursuant to a District initiated right of way acquisition.
The ADP Fee Credit's issuance is influenced by how it is earned or granted, affecting its effective date, the potential assignment or allocation to meet ADP Fee Obligations, and the possibility of redeeming it for cash.
Tracts and Specific Plans: Construction Credit Pursuant To a Privately Administered
ADP ADMINISTRATION: ACCOUNTING, ASSIGNMENTS & DISBURSEMENT 30 A ADP Fee Credit Accounting
The Developer's obligation to pay the ADP Fee must be fulfilled to either the Riverside County Flood Control and Water Conservation District or the relevant local land-use authority, as stipulated by local regulations Additionally, it is required that the ADP Fee is paid in advance of any facility construction, with deposits made into a designated Special Subdivision Account.
Developers may choose to begin grading or construction before receiving ADP Fee Credit for their pending ADP Facility, which is necessary for their subdivision or land-use approval In these situations, the Developer must pay the entire ADP Fee Obligation upfront The deposited funds will be allocated to a Special Subdivision Account managed by the District and will be held for up to one calendar year, unless an extension is approved by the General Manager-Chief Engineer.
The deposit, minus any outstanding ADP Fee Obligation, will be refunded to the Developer if all of the following conditions are met within one calendar year of the ADP Fees being deposited into the Special Subdivision Account.
(1) A Cooperative Agreement is executed between the District and the
A developer or subdivider must establish clear terms for the approval of improvement plans, ensure the transfer of all necessary rights of way, and facilitate construction inspections Additionally, they are responsible for obtaining acceptance from the District for the required ADP facilities, which includes aspects of ownership, operation, and maintenance.
(2) The improvement plans for the ADP Facility(ies) are signed by the
General Manager-Chief Engineer; and
The Developer or Subdivider must provide the necessary performance, material, and labor bonds to ensure the construction of the ADP Facility(ies), which will be accepted by the County of Riverside in compliance with Ordinance No 460.
After two calendar years, deposits in a Special Subdivision Account will be moved to the relevant ADP fund, and once transferred, these deposits are non-refundable Additionally, any interest generated from funds in a Special Subdivision Account will benefit the District.
All land divisions within an adopted Area Drainage Plan (ADP) must include a Notice of Drainage Fees on the Environmental Constraint Sheet and Final Map when required to pay Area Drainage Plan Fees This requirement follows the tentative map approval by the Board of Supervisors or local land-use authority and must be completed before the issuance of grading or building permits, whichever comes first The specific wording for the Notice of Drainage Fees applicable to projects in unincorporated Riverside County is mandated.
This property is part of the Area Drainage Plan, adopted by the Riverside County Board of Supervisors under Section 10.25 of Ordinance No 460 and Government Code Section 66483, which imposes drainage fees Payment of these fees must be made to the Riverside County Flood Control and Water Conservation District at the time of obtaining either a grading or building permit, whichever comes first Property owners are required to pay the applicable fee based on the rate in effect at the time the permit is issued.
The Notice of Drainage Fees for projects within incorporated cities or local jurisdictions will be formulated according to the specific guidelines of the jurisdiction, incorporating language that aligns with their directives.
This property is included in the Area Drainage Plan, adopted by the City of _ under Section _ of Ordinance/Municipal Code _ and Section 66483 of the Government Code It is subject to drainage area fees, which must be paid to the Riverside County Flood Control and Water Conservation District or local agency at the time of issuing the grading or building permit, whichever comes first Property owners are required to pay the applicable fee at the rate in effect at the time the permit is issued.
VII EARNING ADP FEE CREDIT
When calculating the ADP Fee Credit, costs associated with building appurtenant facilities for localized drainage or for the Developer's convenience are not included Additionally, expenses for non-ADP components, such as interim collection dikes, outlet structures, and oversized facilities for temporary hydrologic conditions, as well as bridges not outlined in the published plan and enhancements aimed at accommodating specific development types or timelines, are also excluded from the credit calculation.
The District may grant ADP Fee Credit under any the following circumstances:
A Construction of an ADP Facility pursuant to a privately administered construction contract;
B Construction of an ADP Facility pursuant to a privately administered construction contract conforming to the requirements of a District administered public works contract;
C Construction of an ADP Facility pursuant to a District administered public works contract;
D Inclusion of property in an Assessment District (AD) or Communities Facilities
District (CFD) formed to construct ADP Facilities;
E Dedication of rights of way necessary for the construction of an ADP Facility;
F Construction of an alternative ADP facility (e.g., detention basin) that achieves an overall net cost savings to the ADP; and
G Accepting ADP Fee Credit in lieu of a cash payment pursuant to a District initiated right of way acquisition.
The ADP Fee Credit is influenced by how it is earned or granted, which affects the credit's effective issuance date, its allocation towards fulfilling an ADP Fee Obligation, and its potential for cash redemption.
A Tracts and Specific Plans: Construction Credit Pursuant To a Privately Administered
ADP Fee Credit may be earned by constructing an ADP Facility pursuant to a privately administered (non-public works) construction contract provided that:
A Cooperative Agreement has been established between the District, County, and Developer or Subdivider, outlining the design, construction, inspection, transfer of right of way, and acceptance of the facility This agreement is finalized before the recordation of the final map and the payment of the applicable ADP Fee, ensuring clarity in ownership, operation, and maintenance responsibilities.
Obligation and the Developer or Subdivider proceeding with construction of the ADP Facility; and
The Developer or Subdivider must provide the District with bonds for faithful performance, materials, and labor related to the ADP Facility, in amounts deemed appropriate by the District, before the final tract map is recorded.
ADP Fee Credit earned pursuant to this Section VII.A is subject to the following conditions and limitations:
1 ADP Fee Credit for construction of the subject facility will be granted subsequent to the execution of a Cooperative Agreement and credited to the Subdivision at the time the required bonds are approved by the County;
RIGHT OF WAY – GENERAL PROVISIONS (SUBDIVISIONS)
The transfer of rights of way for the construction of ADP Facilities must comply with this Section's requirements All rights of way granted to the District must be free of conflicting encumbrances and encroachments, supported by a title insurance policy deemed sufficient by the District Additionally, the Developer's land surveyor must adequately monument the boundaries of all parcels conveyed to ensure they meet the District's satisfaction.
Construction of an ADP Facility Is Required
Valuation of Easements
APPENDIX "A"
Allocation of ADP Fee Credit Granted Form [SAMPLE]
(Development Case Type and No )
In accordance with the Agreement dated , pertaining to Development Case No , between the Riverside County Flood Control and Water Conservation District (referred to as "DISTRICT") and _ (referred to as "GRANTEE"), which is incorporated by reference and hereinafter referred to as "AGREEMENT," the undersigned makes the following declaration.
1 GRANTEE currently owns $ _ of _ ADP Fee Credit, hereinafter called "CREDIT", originally earned on as evidenced by the attached CREDIT STATEMENT.
2 GRANTEE hereby allocates $ _ of said CREDIT to satisfy drainage fee obligations for the development case or any phase thereof referenced in the AGREEMENT.
3 The allocation of CREDIT provided by this ADP Fee Credit Allocation shall not be deemed effective until a fully executed original copy of this document is provided to DISTRICT and countersigned by DISTRICT'S Chief of Planning Division.
By _ By Title CHIEF OF PLANNING DIVISION
APPENDIX "B"
ADP Fee Credit Assignment Agreement [SAMPLE]
(Development Case Type and No )
On , the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (referred to as "DISTRICT") entered into an agreement with (referred to as "ASSIGNOR") This document, hereinafter referred to as "AGREEMENT," is incorporated by reference, and both parties acknowledge the receipt of good and valuable consideration, agreeing to the terms outlined herein.
1 ASSIGNOR currently owns $ _ of _ ADP Fee Credit, hereinafter called "CREDIT", originally earned on as evidenced by the attached CREDIT STATEMENT.
2 ASSIGNOR hereby transfers, assigns, grants and conveys $ _ of said CREDIT and all of the rights, title, interest, benefits and privileges of said CREDIT to , hereinafter called "ASSIGNEE", to satisfy drainage fee obligations for Development Case Type and Number (ie., Tract, Parcel Map, Plot Plan) _ or any phase thereof.
3 ASSIGNEE hereby accepts the foregoing transfer as CREDIT and certifies that the foregoing is correct and is aware of and understands the terms of AGREEMENT.
4 The transfer or sale of CREDIT provided for under this ADP Fee Credit Assignment Agreement may be the subject of additional agreements between ASSIGNOR and ASSIGNEE. Notwithstanding any term, condition, or provision of such additional agreements, the rights of DISTRICT arising under or from the AGREEMENT and this ADP Fee Credit Assignment Agreement shall not be affected, diminished or defeated in any way, except upon the express written agreement of DISTRICT.
5 The transfer or sale of CREDIT provided by this ADP Fee Credit Assignment Agreement shall not be deemed effective until a fully executed original copy of this document is provided to DISTRICT and countersigned by DISTRICT'S Chief of Planning Division.