Corte Madera Municipal Code Ch. 3.32 Traffic Impact Mitigation Improvement Fund

"Dwelling unit" means a building or portion of a building containing one or more rooms, a separate bathroom, and a separate kitchen designed for occupancy by one family for living and sleeping purposes, including nonpaying guests and servants employed on the premises.

(Ord. 710 § 3 (part), 1982)

A "project" includes the following:

(1) Original construction of nonresidential improvements;

(2) The addition of gross square footage to existing nonresidential improvements;

(3) Original construction of a dwelling unit, or the addition of a dwelling unit to an existing structure;

(4) Improvements with a building permit value of thirty thousand dollars or more for the purpose of converting an existing use into another use. (The building permit value referred to in this section may be adjusted from time to time by resolution of the town council.)

(Ord. 710 § 3 (part), 1982)

(a) There is hereby created a "traffic impact mitigation improvement fund," into which all traffic impact mitigation fees collected pursuant hereto shall be deposited. The money in said fund and interest derived from the fund shall be segregated from other town funds and shall be expended solely for the construction of improvements to streets and intersections as shown in the circulation element of the general plan and adopted by resolution of the town council.

(b) If traffic impact mitigation fees and accumulated interest, less refunds to developers required by Section 3.32.050, exceed the cost to the town of required improvements to streets and intersections, then the excess shall be refunded to those paying fees in an amount proportional to their fees.

(Ord. 710 § 6, 1982)

(a) A traffic impact mitigation fee is hereby imposed on each project, the fee to be paid in a form and upon such terms as may be established by resolution of the town council prior to final inspection or issuance of any occupancy permit for that project.

(b) The amount of said fees shall be fixed by resolution of the town council and amended from time to time for the purpose of reflecting changes in construction costs and expected build-out. The amount of the fees shall be in proportion to the traffic generated in the thirtieth highest peak hour of the year by each project at streets and intersections where improvements are required, as shown in the circulation element of the general plan. A list of needed traffic improvements conforming to the circulation element shall be adopted from time to time by resolution of the town council.

(c) Fees for the conversion of an existing use to a different use shall be computed on the basis of the difference between the amount of peak-hour traffic generated from the site on April 1, 1980, and the peak-hour traffic generated by the new use.

(d) To implement the housing element of the general plan, no fee shall be required for a dwelling unit for which a deed restriction or other agreement satisfactory to the town has been provided guaranteeing that the unit is intended for and will be available to low and/or moderate income families, as defined in Sections 18.04.210 and 18.04.220 of this code.

(Ord. 710 § 4, 1982)

(a) If the developer of a project installs one or more of the traffic improvements included in the list adopted by resolution of the town council, then the certified cost of the improvement or improvements shall be deducted from the required traffic mitigation fee.

(b) If the certified cost of the traffic improvement or improvements installed by the developer exceeds the project's required traffic mitigation fee, then the developer shall be given all traffic impact mitigation fees paid by other projects for the traffic improvements he installed, without interest. However, when the value of the traffic improvements installed by the developer, less the value of the refunded fees, equals the developer's required traffic mitigation fee, then no further refunds shall be made. In any case, no further refunds shall be made twenty years after installation of the improvements.

(Ord. 710 § 5, 1982)