Beaumont Municipal Code Ch. 16.40 Land Division Dedications, Improvements, Fees and Reservations

A. All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final land division map. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary rights-of-way outside of the tract boundary must be processed by separate instruments.

B. Whenever a limited access highway is eighty-eight feet or greater in right-of-way width as shown on the circulation element of the general plan of the City or as provided by this title, adjoins or passes through a division of land, access rights to the highway may be required to be offered for dedication to the City. In such event, the note "ACCESS RIGHTS RESTRICTED" shall be shown along the highway right-of-way. Access rights may be restricted when necessary where the ultimate right-of-way width is 88 feet or greater, except for approved access openings.

(Ord. 547 §10.1, 1983)

A. Improvements installed in land divisions shall be constructed in conformance to the provisions of Resolution No. 1980-35.

B. In the absence of a standard for an improvement, the City Engineer may establish a standard in keeping with good construction and engineering practices.

C. When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross-gutters shall be installed.

D. Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.

E. The street pattern in the land development shall not landlock adjacent or preclude access to public land.

F. When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.

G. Asphalt-concrete dikes shall be waived when it is determined that they are unnecessary for drainage purposes.

(Ord. 547 §10.2, 1983)

A. All improvements constructed or installed in land divisions shall be in accordance with detailed plans and specifications as approved in writing by the City Engineer prior to commencement of said improvement work.

B. All plans shall be submitted to the City Engineer and shall be approved by him before submitting a final land division map to the Council.

C. All improvements constructed or installed in land divisions, other than rough grading for physical access, whether such work is required by the City or is done at the option of the land divider, shall be on accordance with plans and specifications as approved by the City Engineer.

D. Improvement plans shall be required for all improvements, whether installed before or after recordation of the final map.

E. Contractors shall secure an encroachment permit for all work done in connection with land division projects within public right-of-way.

F. The improvement plans shall show the location of all existing improvements, gas and any other service facilities.

G. Improvements proposed or required on State Highway rights-of-way shall be included in the improvement plans and designed to Department of Transportation standards. Prior to approval by the City Engineer, the land divider's engineer shall acquire the Department of Transportation's approval of such improvements.

(Ord. 547 §10.3, 1983)

The minimum improvements which a land divider shall install, or enter into an agreement to install, for subdivisions shall be as set forth in Schedules A and B in Sections 16.40.050 and 16.40.060.

(Ord. 547 §10.4, 1983)

Any division of land into five or more parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a Schedule A subdivision. The minimum improvements for a Schedule A subdivision shall be as follows:

A. Streets. The minimum improvements for streets are established as follows:

1. Arterial Highways. Eighty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 100;

2. Major Highways. Seventy-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 101;

3. Secondary Highways. Sixty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 102;

4. Collector Streets. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 103, Section A;

5. General Local Streets. Forty feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 104, Section A;

6. Short Local Streets. Forty feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 104, Section A;

7. Restricted Local Streets. Thirty-two feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 106, Section A;

8. Access Road. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 107;

9. Frontage Road. Thirty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 109, Section A;

10. Cul-de-sac Streets. These streets shall be designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 800. The various street widths shall be compatible with the adjacent land uses;

11. Alleys. Twenty feet in width, designed and constructed in conformance with Riverside County Ordinance 461, Standard No. 500;

12. Part-width Streets. Twenty feet in width, designed and constructed in conformance with Riverside County Ordinance 461, Standard No. 110, Section A, except when a part-width street serves as an access to the interior subdivision street network, the minimum width shall be one-half of the required improvement, but not less than 28 feet;

13. Street Name Signs. Type and placement shall conform with Riverside County Ordinance 461, Standard No. 461, No. 815 or 816;

14. Barricades shall be placed at the end of dead-end streets in accordance with Riverside County Ordinance 461, Standard No. 810;

15. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the Improvement Standards of Riverside County Ordinance 461, Standard Nos. 400 or 401.

B. Domestic Water. The minimum requirement for domestic water supply and distribution system is as follows:

1. Water Supply. Three hundred gallons per day per single-family lot and 450 gallons per day per lot for all other lots, in all cases deliverable in a four-hour period;

2. Piped water systems;

3. Service Connections. Single-family residence lot, five-eighths of an inch; multiple-family residence lot; one inch.

C. Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

1. Type of fire hydrant and connection as approved by the City Fire Department;

2. Hydrants located one at each street intersection to conform to City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546, and not greater than 500 feet apart in any direction;

3. Minimum flow of water which a system shall be capable of delivering at any hydrant; 500 gallons per minute at 20 pounds per square inch flowing pressure above the average daily domestic consumption;

4. For the purposes of this section, 50 gallons per minute is established as the average daily domestic consumption rate for the area served by one fire hydrant. In zones that allow multifamily residential uses, the minimum fire protection shall be set forth in City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546.

D. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows: Connection to an existing collection system is required.

E. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: Electrical and communication facilities shall be installed in conformity with the provisions of Section 16.52.010.

(Ord. 547 §10.5, 1983)

Any division of land into five or more parcels, where any parcel is not less than 18,000 square feet in net area, shall be defined as a Schedule B subdivision. The minimum improvements for a Schedule B subdivision shall be as follows:

A. Streets. width of asphalt paving required shall be determined as a part of the approval of the tentative map in accordance with the following factors:

1. Design.

a. The intensity of the use permitted by the zoning on the property;

b. The nature of the developed street improvements in the surrounding area;

c. The topography of the parcel and surrounding area;

d. Drainage, erosion and similar factors.

2. Width. The maximum width of paving shall be as required for Schedule A streets, and the minimum width of paving required shall be as follows:

a. Arterial Highway. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 100;

b. Major Highways. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 101;

c. Secondary Highways. Forty-four feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 102;

d. Collector Streets. Thirty-two feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 103, Section B;

e. General Local Streets and Short Local Streets. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 104, Section B;

f. Restricted Local Streets. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 106, Section B;

g. Access Roads. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 107;

h. Frontage Roads. Twenty-six feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 109, Section B;

i. Cul-de-sac Streets. These streets shall be designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 800;

j. Part-width Streets. Twenty feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 110, Section C, except when a part-width street serves as an access to an interior subdivision street network the minimum width shall be one-half of the required improvement, but not less than 28 feet;

k. Street Name Signs. Type and placement shall conform with Riverside County Ordinance No. 461, Standard Nos. 815 or 8161;

l. Barricades shall be placed at end of dead-end streets in conformance with Riverside County Ordinance No. 461, Standard No. 810.

B. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:

1. Water Supply. Three hundred gallons per day per single-family lot, and 450 gallons per day per lot for all other lots, in all cases deliverable in a four-hour period;

2. Piped water systems;

3. Service Connection. Single-family residence lot, five-eighths of an inch multiple-family residence lot, one inch.

C. Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

1. Type of fire hydrant and connection as approved by the agency providing fire protection;

2. Hydrants located one at each street intersection, but not greater than permitted by City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546, in any direction;

3. Minimum flow of water which system shall be capable of delivering at any hydrant; 500 gallons per minute, at 20 pounds per square inch following pressure above the average daily consumption rate;

4. For the purpose of this section, 50 gallons per minute is established as the average daily domestic consumption rate for the area served by one fire hydrant in zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546.

D. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:

1. Connection to an existing collection system is required ; or

2. If an existing collection system is not available and if it is determined that satisfactory individual disposal systems cannot be proved because of soil conditions, determined by percolation tests in conformity with the standards of the "Ludwig Modification," and finding that the conditions and requirements of the health department and Regional Water Quality Control Board cannot be met, then a package treatment plant and collector system shall be required.

E. Fences. Minimum fencing requirements shall be as follows: Six-foot chain-link galvanized wire fences shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

F. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: Electrical and communication facilities shall be installed in conformity with the provisions of Section 16.52.010.

(Ord. 547 §10.6, 1983)

Any division of land into two or more parcels in commercial or industrial zones, regardless of parcel size, shall be defined as a Schedule C subdivision. The minimum improvements for a Schedule C subdivision shall be as follows:

A. Streets. The minimum improvements for streets are established as follows:

1. All streets shall be constructed in accordance with Schedule A, except:

a. No street shall be less than 64 feet in width, designed and constructed in conformance with Riverside County Ordinance No. 461, Standard No. 102;

b. No part-width street shall be less than 32 feet in width;

c. Concrete curb and gutter shall be required in all cases.

2. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with the Improvement Standards of Riverside County Ordinance No. 461, Standard Nos. 400 or 401.

B. Domestic Water. The minimum requirement for domestic water supply and distribution system is as follows:

1. Water Supply. Four hundred fifty gallons per day per lot, and in all cases deliverable in a four-hour period;

2. Piped water system;

3. Service Connections. Service connections shall be one and one-half inches.

C. Fire Protection. The minimum fire protection requirements shall be as provided in City Code Chapters 15.04 and 15.20 and Riverside County Ordinance 546.

D. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:

1. Connection to an existing collection system is required; or

2. If an existing collection system is not available and if it is determined that satisfactory individual disposal systems cannot be provided because of soil conditions, determined by soil percolation tests in conformity with the standards of the "Ludwig Modification" arid finding that the conditions and requirements of the health department and the Regional Water Quality Control Board cannot be met, a package treatment plant and collector system shall be required.

E. Fences. Minimum requirement for fencing shall be as follows: Six-foot chain-link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

F. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows: Electrical and communication facilities shall be installed in conformity with the provisions of Section 16.52.010.

(Ord. 547 §10.7, 1983)

Any division of land into four or less parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a Schedule D parcel map division. The minimum improvement for a Schedule D parcel map division shall be the same as those required for Schedule A subdivisions in accordance with Section 16.40.050.

(Ord. 547 §10.8, 1983)

Any division of land into four or less parcels, where any parcel is not less than 18,000 square feet in net area, shall be defined as a Schedule E parcel map division. The minimum improvements for a Schedule E parcel map division shall be the same as those required for Schedule B subdivisions in accordance with Section 16.40.060.

(Ord. 547 §10.9, 1983)

A. This section is adopted pursuant to Section 66483, et seq. of the Government Code which provides for the payment of fees for the construction of drainage facilities, as a condition to the division of land.

B. Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.

C. The area drainage plan shall be adopted by resolution of the City Council, pursuant to the provisions of Government Code Section 66483 et seq.; shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan; and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the Council shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The Council shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs where apportioned uniformly on a per acre basis.

D. Drainage fees shall be paid at the time of the filing of the final map or parcel map, or as a condition of the waiver of the filing of a parcel map; provided, however, at the option of the land divider the fee may be paid, in pro rata amounts, at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be in the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If 'the land divider elects to have payment made at the time of issuance of a grading or building permit, the recorded final map or parcel map or certificate of compliance evidencing the waiver of the filing of a parcel map shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or building permit for the parcels that have been created by the land division. In addition, a separate instrument shall be recorded by the land divider in the office of the County Recorder at the time of the filing of the final map or parcel map or certificate of compliance evidencing the waiver of the parcel map, which gives notices that a drainage fee is required to be paid by any person that owns such parcels prior to issuance of a grading or building permit.

E. If the drainage fee is paid at the time of the filing of the final map or parcel map or certificate of compliance evidencing the waiver of the parcel map, it shall be paid to the City Engineer. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the building director. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the Riverside County Flood Control and Water Conservation District. A separate fund shall be established by the district for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including acquisition of right-of-way necessary for construction of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the district for the cost of engineering and administrative services to design and construct and acquire any necessary right-of-way for the facilities.

F. In the discretion of the Council considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

G. Money may be advanced by the Riverside County Flood Control and Water Conservation District to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the district from the fund for the local drainage area in which the facilities are located.

H. When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the Riverside County Flood Control and Water Conservation District whereby the developer may advance money for the construction of facilities, or design or construct facilities within a local drainage area; provided, that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

I. The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the Council at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities.

(Ord. 547 §10.10, 1983)

A. Purpose. This chapter is adopted pursuant to Section 66484 of the Government Code of the State which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges over waterways, railways, freeways and canyons and/or major thoroughfares as a condition of approval of a final map or as a condition of issuing a building permit.

B. Major Thoroughfare and Bridge Fees. A subdivider, as a condition of approval of a final map for property within an area of benefit, or a building permit applicant, as a condition of issuance of a building permit for property within an area of benefit, shall pay a fee as hereinafter established to defray the cost of constructing bridges over waterways, railways" freeways and canyons, and/or constructing major thoroughfares. No property shall be assessed a fee under this section for both a final map and a building permit.

C. Definitions.

1. "Area of benefit" means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a bridge and/or major thoroughfare.

2. "Bridge facilities" means those locations identified in the transportation element of the general plan of the City (the "general plan") requiring construction of or addition to a bridge spanning a waterway, railway, freeway or canyon that is part of a major thoroughfare.

3. "Construction" means and includes formation and preliminary studies, design, acquisition of right-of-way, administration of construction contracts and actual construction.

4. "Major thoroughfares" means those roads designated as arterial, major or secondary highways, as defined by Section 16.08.290 and reflected in the circulation element of the general plan, the primary purpose of which is to carry through traffic and provide a network connecting to or which is part of the State highway system.

5. The singular number includes the plural, and the plural the singular.

D. General Plan Requirement. The provisions in this section for payment of fees shall apply to a parcel located within the boundaries of the areas of benefit if the bridge and/or major thoroughfare has been included in an element of the general plan adopted by the City Council at least 30 days prior to the filing of a final map or application for a building permit on the parcel location within the boundaries of the area of benefit.

E. Major Thoroughfares. Payment of fees shall not be required unless a major thoroughfare is in addition to or a widening or reconstruction of any major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

F. Bridge Facilities. Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

G. Proceedings to Establish.

1. Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the City Manager, or Community Development Director.

2. The City Council will set a public hearing for each proposed area benefited. Notice of the time and place of the hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs of construction and the method of fee apportionment, shall be given pursuant to Section 65091 of the Government Code.

H. Public Hearing and Protest.

1. At the public hearing, the City Council will consider the preliminary report that sets forth the area for inclusion within the area of benefit, designates the major thoroughfares and/or bridge facilities to be constructed, estimates the cost of construction of each improvement and describes the method of fee apportionment within the area of benefit. The Council will also consider testimony from interested persons, written protests and other evidence submitted. Within a reasonable time after the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn, determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded with the County Recorder.

2. 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 shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources. The designation of such alternate funding need not be addressed in the resolution establishing the area of benefit.

3. Written protests will be received by the City Clerk at any time prior to the close of the public hearing. Each written protest must be filed by a person or entity owning property within the proposed boundaries of the area of benefit and must describe the property with sufficient specificity so that the parcel may be identified. If the person or entity filing the protest is not shown on the last equalized assessment roll as the owner of the parcel, the protest must contain or be accompanied by documentary evidence establishing ownership. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned and the City Council shall not, for one year from the filing of the written protests, commence or carryon any proceedings for the same improvement under the provisions of this section. Any protest may be withdrawn in writing by the owner making the same, at any time prior to the close of the public hearing.

4. If any 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 shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection G of this section.

5. Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.

I. Amendments. The resolution establishing an area of benefit may be amended from time to time by the City Council to reflect modifications in either the bridge and/or major thoroughfare facilities to be constructed or the property to be included within the area of benefit due to alterations in land use and to reflect adjustments in the fees schedule necessitated by any such modifications. The amendment(s) shall be adopted in the same manner as the original resolution.

J. Periodic Review. The City Council shall review the costs designated for construction of the bridge and/or major thoroughfare facilities from time to time and shall make modifications to such costs and corresponding adjustments to the fees as are necessary to ensure that the bridge and/or major thoroughfare facilities can be constructed from accumulated funds and fees remaining to be collected from the property in the area of benefit.

K. Payment of Fees.

1. Fees shall be paid prior to the recordation of a final subdivision or parcel map except that fees may be paid as described in subdivision 2 of this subsection. Fees paid shall be based on the fee schedule in effect on date of payment.

2. At the option of the subdivider of property within the area of benefit on which a subdivision or parcel map with four lots or less is recorded, the payment of fees may be deferred to the issuance of a building permit for each approved parcel.

3. If a parcel or lot has been created prior to the adoption of the resolution establishing the area of benefit, the fees shall be paid prior to the issuance of a building permit for each approved parcel or lot.

4. Notwithstanding the provisions of subdivisions 1, 2 and 3 of this subsection, payment of fees shall not be required for the following:

a. An application for building permit for alteration or enlargement of an existing building or structure;

b. Accessory buildings and structures, as follows: private garages, barns, children's playhouse or buildings accessory to one-family or two-family dwellings

c. Outdoor advertising structures;

d. Wells.

L. Funds. Fees paid pursuant to this section shall be deposited in a planned bridge facility and/or major thoroughfare fund. A fund shall be established for each planned bridge facility project and/or each planned major thoroughfare project. If the benefit area is one in which more than one bridge and/or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects and/or major thoroughfares 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 benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of construction of the improvement.

M. In-lieu Construction. The City Council may approve the acceptance of considerations in lieu of the payment of fees established in this section.

N. Advances. The City Council may approve the advancement of money from the general fund to pay the costs of constructing the major thoroughfare and/or bridge improvements covered in this section and may reimburse the general fund for such advances from the bridge facility and/or major thoroughfare funds established pursuant to subsection L of this section.

O. Debt Incurred. The City may incur an interest bearing indebtedness for the construction of bridge facilities or major thoroughfares, provided that the sole security for repayment of such indebtedness shall be money in the bridge facility or major thoroughfare funds.

P. Reimbursement. If a subdivider, as a condition of approval of a subdivision, is required or desires to construct a bridge and/or major thoroughfare, the City Council may enter into a reimbursement agreement with the subdivider. Such agreement may provide for payments to the subdivider from the bridge facility and/or major thoroughfare fund covering that specific project to reimburse the subdivider for costs not allocated to the subdivider's property in the resolution establishing the area of benefit. If the bridge and/or major thoroughfare fund covers more than one project, reimbursement shall be made on a pro rata basis, reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. 631 §1, 1986)