Article I

Cost of Bridges or Major Thoroughfares

Pursuant to Sections 66484 and 66489 of the Subdivision Map Act, the city may require the payment of a fee as a condition of approval of a final subdivision map or as a condition of issuing a building permit, for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares, upon compliance with the procedure and conditions set forth in this title. (Ord. 334 § 1 Exh. A, 2006)

Such construction shall comply with the circulation element of the general plan and, in the case of bridges, to the transportation or flood control provisions thereof which identify railways, freeways, streets, streams or canyons for which bridge crossings are required on said general plan or local roads and in the case of major thoroughfares, to the provisions of such circulation element which identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system; provided, such circulation element, transportation or flood control provisions have been adopted by the city at least 30 days prior to the filing of the map or the application for the building permit. (Ord. 334 § 1 Exh. A, 2006)

Payment of a fee shall not be required nor made a condition for approval of a subdivision map nor made a condition for the issuance of a building permit until the area benefited shall be determined by the city council. There shall be a public hearing held by the city council for each area benefited.

• A. Notice of the hearing before the city council shall be given pursuant to Government Code Section 65091 at least 10 calendar days before the hearing date.

• B. Such notice shall also contain preliminary information related to the boundaries of the area of benefit, estimated cost of construction, and method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such proceedings.

• (Ord. 334 § 1 Exh. A, 2006)

• A. If there is no majority protest at the conclusion of the public hearing, the city council by resolution shall establish the boundaries of the area of benefit, the cost, whether actual or estimated, of construction and a fair method of allocating the cost to the area of benefit and fee apportionment. A certified copy of such resolution shall be recorded by the city clerk with the county recorder of Ventura County.

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City of Moorpark, CA § 16.16.040

SUBDIVISIONS

• C. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare.

• D. Payment of fees with respect to a major thoroughfare shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

• E. Payment of fees with respect to a bridge facility shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. Such fees shall not be expended to reimburse the cost of existing bridge facility construction.

• F. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provision for payment of the share of improvement costs apportioned to such lands from other sources.

• (Ord. 334 § 1 Exh. A, 2006)

• A. Written protests against the proposed improvement, the requirement of payment of fees, the apportionment of the fees or the determination of the boundaries of the area of benefit may be filed with the city clerk at any time prior to the hour set for the public hearing. If written protests are duly filed by the owners of more than 1/2 of the area of the property to be benefited and sufficient protests are not withdrawn in writing by protesting owners prior to the conclusion of the public hearing so as to reduce the area represented to less than 1/2 of that to be benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section.

• B. If the majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council may commence new proceedings not including any part of the improvement or acquisition so protested against.

• C. Nothing in this section shall prohibit the city council, within the one year period, from commencing and carrying on new proceedings for the construction of a portion of the improvements so protested against if it finds, by the affirmative vote of four-fifths (4/5) of its members, that the owners of more than 1/2 of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.

• D. Nothing in this section shall preclude the processing and recordation of maps in accordance with other provisions of the law and ordinances relating to maps if the proceedings are

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City of Moorpark, CA

MOORPARK CODE

§ 16.16.050

§ 16.16.070

abandoned.

(Ord. 334 § 1 Exh. A, 2006)

• A. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Money in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.

• B. In lieu of the payment of fees, the city may accept other considerations which it deems equivalent.

• C. The fees collected shall be paid to the city or the subdivider constructing the bridge facility or major thoroughfare, and the city may enter into a reimbursement agreement with the subdivider.

• D. The city may advance money from its general fund or road fund to pay the cost of constructing improvements and may reimburse the general fund or road fund for any advances from planned bridge facility funds or major thoroughfare funds established to finance the construction of those improvements.

• (Ord. 334 § 1 Exh. A, 2006)

• A. The city, when imposing fees pursuant to this section, may incur an interest-bearing indebtedness for the construction of such bridge facilities or major thoroughfares; provided, that the sole security for repayment of such indebtedness shall be moneys in the planned bridge facility or major thoroughfare funds.

• B. Nothing in this section shall preclude the city from providing funds for the construction of bridge facilities or major thoroughfare in order to defray costs not allocated to the area of benefit.

• (Ord. 334 § 1 Exh. A, 2006)

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City of Moorpark, CA

SUBDIVISIONS

§ 16.16.080

§ 16.16.110