Chapter 5.112
NOISE MITIGATION FEE
Sections:
5.112.020 Noise mitigation fee established.
5.112.030 Use of fee revenues.
5.112.040 Developer construction of facilities.
5.112.050 Administration guidelines.
5.112.010 Purpose.
In order to implement the goals and objectives of the city of Dublin’s (“city”) general plan and the Eastern Dublin specific plan and to mitigate the impacts caused by future development in the city, certain noise mitigation measures must be implemented. The City Council has determined that a noise mitigation fee is needed in order to implement these noise mitigation measures and to pay for each development’s fair share of the implementation costs of the necessary noise mitigation measures. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its general plan and the above specific plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the city’s housing needs as established in the housing element of the general plan. (Ord. 1-95 § 1 (part))
5.112.020 Noise mitigation fee established.
A. A noise mitigation fee (“fee”) is established to pay for noise mitigation measures necessary to mitigate cumulative impacts identified in the Eastern Dublin general plan amendment and specific plan environmental impact report (SCH No. 91103064).
B. The City Council shall, in a Council resolution or resolutions adopted after duly noticed public hearing, set forth the amount of the fee, describe the benefit and impact area on which the fee is imposed, list the noise mitigation measures to be financed, describe the estimated cost of these measures, and describe the reasonable relationship between the fee and the various types of future developments and set forth time for payment. (Ord. 1-95 § 1 (part))
5.112.030 Use of fee revenues.
The revenues raised by payment of the fee shall be accounted for in the City’s capital project fund (“fund”). Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These moneys shall be used for the following purposes:
A. To pay for design, engineering, right-of-way acquisition and construction of noise mitigation measures designated in the Council resolution and reasonable costs of outside consultant studies related thereto;
B. To reimburse the city for designated noise mitigation measures constructed by the city with funds (other than gifts or grants) from other sources together with accrued interest;
C. To reimburse developers who have designed and constructed designated noise mitigation measures which have a value in excess of the amount of the fee payable; and/or
D. To pay for and/or reimburse costs of program development and ongoing administration of the noise mitigation fee program. (Ord. 1-95 § 1 (part))
5.112.040 Developer construction of facilities.
If a developer is required, as a condition of approval of a permit, to construct an improvement that has been designated to be financed with noise mitigation fees and if the improvement has a value in excess of that needed to mitigate the impacts of the development, a reimbursement agreement with the developer and a credit against the fee otherwise levied by this chapter on the development project shall be offered by the city. The reimbursement amount shall not include the portion of the improvement needed to mitigate the burdens created by the development. (Ord. 1-95 § 1 (part))
5.112.050 Administration guidelines.
The City Council may, by resolution, adopt administrative guidelines to provide procedures for the calculation, reimbursement, credit or deferred payment and other administrative aspects of the noise mitigation fee. (Ord. 1-95 § 1 (part))