Chapter 4-10
TRAFFIC CONTROL DEVICE FEES
Sections:
4-10-01 Declaration of purpose and intent.
4-10-04 Hearings: Apportionment of fees.
4-10-01 Declaration of purpose and intent.
The purpose of this chapter is to provide for the partial or complete acquisition for the City of traffic control devices necessitated by the development of real property within traffic control device benefit areas where development within the boundaries of the district of an improvement will cause or contribute to the need for such traffic control devices as a way to control or regulate traffic or as a means to mitigate a potential environmental impact.
4-10-02 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Development" shall mean any construction, alteration, or activity for which a variance or building or use permit is required.
(b) "Traffic control device" shall mean a traffic control signal, traffic signal interconnection equipment, street lighting, median, channelization device, sidewalk, pavement signing, marking, grade crossing bicycle facility, and/or a combination of such devices.
(c) "Environmental impact" shall mean an impact or potential impact on the physical conditions which exist within the area which will be affected by a proposed development, including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance, land use, circulation patterns, public services, health, or utilities.
(d) "Construction" shall mean and include the design, acquisition of rights-of-way, administration of construction contracts, and actual construction.
4-10-03 Areas of benefit.
The Council, by resolution, may establish areas of benefit for traffic control devices and establish a fee to be paid by the owners of property within the area to provide for the partial or complete payment for the installation of such devices. The Council may establish benefit areas and fees only after holding a public hearing for such purpose in the manner prescribed in this chapter.
4-10-04 Hearings: Apportionment of fees.
(a) Each proposed traffic control device area of benefit shall be the subject of a separate public hearing. Notice of such hearings shall be given each landowner by notice sent through the United States mail, with postage prepaid, using addresses from the last equalized assessment roll, or by both publishing notice of such hearings at least three (3) times in a newspaper of general circulation and posting such notice in conspicuous places within the area of benefit. Such notice shall be given not less than ten (10) days prior to the date of the hearing.
(b) The notice of public hearing shall contain preliminary information related to the boundaries of the area of benefit, estimated costs, and the method of fee apportionment. The area of benefit may include land or improvements which are not the subject of any pending map or building permit application.
(c) At such public hearing the boundaries of the area of benefit, the costs, actual or estimated, and the method or allocation of costs to the area of benefit and fee apportionment may be established and may be incorporated in a resolution of the Council, a certified copy of which shall be recorded by the City Clerk in the office of the County Recorder. Such apportioned fees may be applicable to all property within the area of benefit and shall be payable as a condition of the approval of a final map, as a condition of issuing a building permit for such property, or portions thereof, or to mitigate a potential environmental impact.
(d) Fees shall be assessed against each parcel of real property within the area of benefit on the basis of the impact such development has on traffic generation. The traffic generation for undeveloped properties shall be based upon vehicular trip generation for appropriate land uses and shall be specified by resolution of the Council. No parcel or development shall be assessed any fee unless such traffic control device is reasonably related to the use of the property.
4-10-05 Funds.
The fees paid pursuant to this chapter shall be deposited in a Planned Traffic Control Device Fund. A fund all be established for each planned traffic control device project. If the benefit area is one in which more than one device is required to be constructed, a fund may be so established covering all of the traffic control device projects in the benefit area. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected or to reimburse the local agency for the cost of constructing the improvement.
The Council may require that traffic control devices, if warranted, be constructed as a condition of the approval of a final map, a building permit, or to mitigate a potential environmental impact, with the pro rata share of the costs of the improvements, or portion thereof, chargeable to other properties within the area of benefit to be reimbursed to those parties constructing the improvements at the time of the approval of the final maps or the issuance of building permits on such other properties.
The City may advance funds from its General Fund or road funds to pay the costs of constructing improvements under this chapter and may reimburse the General Fund or Road funds for such advances from the Planned Traffic Control Device Funds established to finance the construction of such improvements.
The City may incur an interest-bearing indebtedness for the construction of traffic control devices; provided, however, the sole security for the repayment of such indebtedness shall be moneys in the Planned Traffic Control Device Funds.