Chapter 19.10
TRAFFIC IMPACT FEES
Sections:
19.10.040 Transportation Program (Rep. by Ord. 467 §2, 2007)
19.10.070 Deposit And Use Of Fees
19.10.100 Time Limitation For Judicial Review
19.10.010 Purpose:
The purpose of the fees imposed under this chapter is to finance the acquisition and construction of street improvements made necessary by new residential, commercial and industrial developments in the city. (Ord. 352 §1, 1990)
19.10.020 Findings:
The city council finds, based upon the circulation element of the Greenfield 2005-2025 general plan, the 2008 AMBAG forecast, the 2010 Citywide Travel Demand Forecasting Model Development Report, and the traffic impact fee program study prepared by Wood Rodgers, Inc., civil and traffic engineers, and upon other relevant evidence received and considered by it, as follows:
A. New development occurring within the city will increase traffic congestion on streets within the city.
B. The traffic impacts of such new development are not limited to the immediate vicinity of the new development but require certain street improvements throughout the city.
C. In order to ensure that new development contributes toward offsetting the burden it imposes upon the city’s traffic system, it is necessary that an equitable fee and administrative program be established.
D. The facts and evidence presented in the traffic impact fee program study establish the following: 1) that there is a reasonable relationship between the respective uses of such fees and the types of development for which such fees are charged; 2) that there is a reasonable relationship between the need for the street improvements and the type of development project on which such fees are imposed; and 3) there is a reasonable relationship between the amount of the fee and the cost of the street improvements or portion of the improvements attributable to the development on which the fee is imposed.
E. The cost estimates set forth in the traffic impact fee program study are reasonable estimates of the costs to be incurred by the city in acquiring or constructing the needed street improvements, and the fees expected to be generated by new developments under this chapter will not exceed the total of these costs. (Ord. 497 §1, 2012; Ord. 467 §1, 2007: Ord. 418 §§1, 2, 3, 2000: Ord. 352 §1, 1990).
19.10.030 Definitions:
For purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed, as set forth in this section, unless it is apparent from the context that a different meaning is intended.
A. "New development" includes:
1. New construction which generates additional traffic impacts to those generated by the previous use of the land;
2. Conversion of one use to a new use when the new use generates an additional traffic impact;
3. Expansion of an existing use;
4. Any use when conditions imposed by a discretionary permit require payment of a traffic impact fee.
B. "Off site" means anything outside of and not adjacent to the boundaries of a development.
C. "Street improvements" includes transportation, planning, preliminary engineering, environmental impact reports, engineering design studies, land surveys, right of way acquisitions, engineering, issuance of permits and construction of all the necessary features for any street construction project, including, without limitation:
1. Construction of new streets;
2. Construction of new through lanes;
3. Construction of new turn lanes;
4. Construction of new bridges;
5. Construction of new drainage facilities in conjunction with street or bridge construction or improvement;
6. Purchase and installation of traffic signalization;
7. Construction of curbs, medians and shoulders;
8. All street and intersection capacity enhancements, including extensions, widening, intersection improvements and improvement of pavement conditions; and
9. Traffic signing and striping. (Ord. 352 §1, 1990)
19.10.040 Transportation Program:
(Rep. by Ord. 467 §2, 2007)
19.10.050 Applicability:
The provisions of this chapter shall apply to all new residential, commercial, industrial and other developments in the city, including mobile or manufactured housing, with or without a permanent foundation, except: a) new development for which a building permit was issued prior to the effective date hereof, and b) new development for which a use permit has been issued prior to said effective date, unless the use permit specifically requires the payment of traffic impact fees. (Ord. 352 §1, 1990)
19.10.060 Traffic Fee Imposed:
A. Pursuant to the findings contained in this chapter, a traffic impact fee is hereby imposed upon each new residential, commercial, industrial and other development in the city, according to the following schedule:
|
Use Category |
Mitigation Fee |
|---|---|
|
Single-family residential |
$4,326 per dwelling unit |
|
Multifamily residential |
$2,920 per dwelling unit |
|
Mobile homes |
$1,225 per dwelling unit |
|
Motel/hotel |
$3,173 per thousand square feet |
|
Retail commercial |
$17,241 per thousand square feet |
|
Office |
$3,983 per thousand square feet |
|
Industrial |
$1,772 per thousand square feet |
|
Per "daily trip" basis |
$241 per daily vehicle trip |
B. The fee levels established shall be adjusted annually in accordance with the most current "Engineering News Record" construction cost index. Annual changes shall be effective on July 1 of each year, based on the index change for the twelve (12) months ending on December 31 of the previous year. (Ord. 497 §2, 2012; Ord. 418 §5, 2000: Ord. 352 §1, 1990).
19.10.070 Deposit And Use Of Fees:
Fees collected pursuant to this chapter shall be placed in a special fund which is created and established for the purposes set forth in section 19.10.010, to be known as the "traffic impact fee fund." Monies deposited in said account shall not be commingled with the general fund or other revenues of the city, with the exception of short term investments. Monies deposited in said fund, and all interest accruing thereon, shall be used only to finance "street improvements" as defined in section 19.10.030C. Said street improvements are identified in the traffic impact fee program study prepared by Wood Rodgers, Inc. (Ord. 497 §3, 2012: Ord. 467 §3, 2007: Ord. 352 §1, 1990).
19.10.080 Collection Of Fees:
Traffic impact fees shall be collected on a citywide basis for any new development and for any conversion of use or expansion of existing development, regardless of the character of the development. Changes in existing uses within shopping centers will be exempt from fee indexing, provided they are tenants of a complex under single ownership. Changes in land use will require fee indexing only when a building permit is required. Fees shall be based upon the following:
A. The amount of the fee shall be set by resolution for each land use as set forth in section 19.10.060 of this chapter.
B. If a developer constructs traffic control or street improvements or dedicates right of way in excess of the requirements of his or her development for a project contained in the traffic study, the city may accept said construction and/or dedication as an alternative to payment of all or part of the traffic fees payable by said developer. Such alternative means of complying with the traffic fee requirements, and the amount of credit allowed shall be established by a contract, approved by the city council prior to issuance of any permit for development.
C. No fee established by this chapter shall be required for development which generates an amount of traffic which is equal to or less than the traffic generated by a previously approved project on the same parcel, if the prior or the present property owner constructed the off site improvements or paid fees required by this chapter for that prior development.
D. If a development will result in an increase in the amount of traffic generated by a specific parcel, the developer shall be entitled to credit for the amount of fees paid and/or traffic improvements constructed in accordance with this chapter for the prior use.
E. Preexisting "trip credits" shall be issued by the city engineer at the time that qualifying streets are accepted for maintenance by the city council. At that time, property owners shall submit claims for such credit to the city engineer, together with supporting evidence of actual construction costs. Said credits shall be in the form of certified warrants prepared by the city engineer and authorized by resolution of the city council. They shall be calculated on the basis of actual construction costs divided by the fee per trip in effect at the time of application for an occupancy permit. Warrants of credit shall be used as credit against traffic fees due and payable. No credit will be given for buildings which were not in use (occupied) before the effective date hereof, or which have been vacant more than six (6) months. Credit will be given for prior use if occupied within six (6) months of the effective date hereof.
F. In each case, the city council shall determine the amount of credit, the value of right of way, or the estimated cost of construction. If the developer disagrees with staff valuation of right of way, or the estimated cost of construction, the developer may submit for city council consideration an independent appraisal of the property, or an independent estimate of the cost of construction prepared by qualified professionals in appraising or engineering. The determination of the city council as to all such matters shall be final and binding upon all persons concerned.
G. Traffic impact fees identified in this policy are payable in addition to any improvements which the developer must construct or dedications of right of way required in order to resolve problems directly related to the development.
H. The property owner may request, for city council consideration, a contract of deferred payment for fees exceeding ten thousand dollars ($10,000.00). Such alternate means of financing traffic impact fees shall be established by contract between the property owner and the city, approved by the city council and in effect prior to issuance of any permit for development. Failure of the owner to make timely payments shall result in a lien against the property in the amount of the unpaid fee. Once a contract is approved full payment of the debt shall be made even if the development should terminate prior to end of the contract. (Ord. 467 §4, 2007: Ord. 418 §§6, 7, 2000: Ord. 352 §1, 1990)
19.10.090 Time Of Payment:
A. For residential developments which require a building permit, these fees shall be paid on the date of final inspection or the date of issuance of certificate of occupancy, whichever occurs first, and no final inspection shall be completed and no certificate of occupancy shall be issued until said fees are paid.
B. Notwithstanding subsection A of this section, the city may require the payment of those fees at an earlier time if: 1) the city determines that the fee will be collected for street improvements for which an account has been established and funds appropriated and for which the city has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy or 2) the fee is to reimburse the city for expenditures previously made.
C. If any fee or charge specified in subsection A of this section is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the city may require the property owner, or lessee if the lessee’s interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee, or applicable portion thereof, within the time specified in subsection A of this section.
D. For nonresidential developments, these fees shall be paid before issuance of a building permit, and no building permit shall be issued until the fees are paid.
E. For new development not requiring a building permit, these fees shall be paid prior to the initiation of the new use. (Ord. 467 §5, 2007: Ord. 352 §1, 1990)
19.10.100 Time Limitation For Judicial Review:
In accordance with the provisions of section 66022 of the California Government Code, any judicial action or proceeding to attach, review, set aside, void, or annul this chapter or any resolution adopted pursuant to this chapter shall be brought within one hundred twenty (120) days of its effective date. (Ord. 467 §6, 2007: Ord. 352 §1, 1990)