32-104 TRI-VALLEY TRANSPORTATION DEVELOPMENT FEES.

The purpose of the fees described in this section is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecasted development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Joint Exercise of Powers Agreement Establishing the Tri-Valley Transportation Council for Planning and Facilitating the Implementation of Transportation Improvement Projects in the Tri- Valley Transportation Area (JEPA). As discussed in more detail in the JEPA, there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects.

(Ord. #2009-07, § 2; Ord. #2015-02, § 1)

The fees authorized by this section shall apply to all new development throughout the Town.

(Ord. #2009-07, § 2)

The amount of the fee shall be as set forth by Resolution of the Town Council, and as established by the TVTC JEPA.

(Ord. #2009-07, § 2; Ord. #2015-02, § 2)

a. Project developers shall be required to pay the fees prior to issuance of building permits for the project, or no later than occupancy, and to the extent permitted by law; and

b. The fees shall be levied on all development projects not exempt from payment of the fee; and

c. The fees shall apply on all significant changes to existing development agreements adopted after the execution of this Agreement. The fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, significant means any of the following: (a) change in land use type (e.g., office to retail); (b) intensification of land use types (e.g., increase in square footage of approved office); (c) extension of term of development agreements; and (d) reduction or removal of project mitigation requirements or conditions of approval.

(Ord. #2009-07, § 2; Ord. 2015-02, § 3)

32-104.5 Annual Fee Adjustment Process.

The fees set forth by Resolution of the Town Council pursuant to Section 32-104.3 of the Danville Municipal Code shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing.

(Ord. #2009-07, § 2; Ord. 2015-02, § 4)