Fresno County Municipal Code Ch. 17.36 Bridge Fee Regulations

The board of supervisors declares and finds that the division of land and the development thereof in the urban areas often necessitates the construction of bridges to serve the persons within a local area of benefit and that it is necessary to establish and collect bridge fees to defray the actual or estimated cost of constructing planned bridge facilities in order to promote the public welfare, safety, peace, comfort, convenience and the general welfare and for accomplishment of the purposes more particularly set forth as follows:

A. To permit the circulation of vehicular and pedestrian traffic within a local bridge benefit area divided by a river, canal, ditch or stream;

B. To provide for the orderly development of land;

C. To enhance the environment by improving the accessibility of private and public facilities;

D. To provide better access for fire protection vehicles;

E. To provide for the collection of bridge fees for the construction of bridge facilities as shown on a bridge plan determined in a manner hereinafter provided.

(Ord. 529-A-3, § 1, 1973; prior code, § 791.1)

Unless the provisions or the context otherwise requires, the definitions contained in this chapter shall govern the construction, meaning and application of the words and phrases defined and their derivatives.

A. "Bridge construction costs" may include the cost of design, acquisition of rights-of-way, administration of construction contracts and actual construction.

B. "Bridge plan" means a highway bridge plan adopted by the board of supervisors as an integral part of the circulation element of the Fresno County general plan, including the flood control provisions which identify the river, canal, ditch or stream for which a bridge crossing is required.

C. "Development" means the construction, erection, installation, addition or alteration of any building or structure upon any parcel of land.

D. "Division of land" means the dividing of any parcel of land for which a subdivision map or parcel map is required.

E. "Local bridge benefit area" means that area established in the manner provided by Section 66484 of the Government Code of the state and this chapter, which in the opinion of the board is benefited by the construction of the bridge and is in accordance with the provisions of the bridge or major thoroughfare plan.

F. "Local bridge fees" means those fees established and levied as provided in this chapter and state law to pay all or a part of the bridge construction cost of planned bridge facilities serving the local bridge benefit area. Such fees shall not include the cost of any existing bridge facilities serving the local bridge benefit area at the time of the adoption of the boundaries of such area of benefit.

G. "Planned bridge facilities" means the bridge facilities including the bridge structure and required auxiliary improvements, required within a bridge benefit area.

H. "Planned bridge facility fund" means a separate fund established by the auditor-controller for each local bridge benefit area. Moneys in the fund shall be expended solely for the construction or reimbursement for construction of the bridge facility serving the area to be benefited and front which the fees comprising the fund were collected, or to reimburse the county for the cost of constructing the bridge facility.

(Ord. 520-A-14, § 24, 1975; Ord. 529-A-3, § 1, 1973; prior code, §§ 291.2—291.2-8)

Except as otherwise provided in this chapter, a local bridge or major thoroughfare fee shall be paid to the county on each parcel of land in a local bridge benefit area prior to the commencement of the work of development thereon or in the case of any division of land, prior to the approval of a final subdivision map or a parcel map.

(Ord. 520-A-14, § 25, 1975; Ord. 529-A-3, § 1, 1973; prior code, § 791.3)

It is unlawful for any person to cause the development of land without payment of the local bridge fee required by this chapter.

(Ord. 529-A-3, § 1, 1973; prior code, § 791.4)

A. A public hearing shall be held by the board to establish the boundaries of a local bridge or major thoroughfare benefit area, the cost, either actual or estimated, to construct the planned bridge or major thoroughfare facilities and the method of fee apportionment.

B. The clerk-recorder shall cause a notice of such public hearing and the right to file written protest to be given by mail. Such notice shall be mailed not less than ten days before the date set for the hearing to the owners of property within the proposed area of benefit, who shall be those owners who are shown on the last equalized assessment roll or as otherwise provided in Section 65905 of the Government Code of the state. Such notice shall contain the preliminary information relating to the proposed boundaries of the area of benefit, the estimated cost of bridge or major thoroughfare facilities and the proposed method of fee apportionment.

C. Written protest to the establishment of a bridge or major thoroughfare benefit area shall a filed with the clerk of the board prior to the commencement of the public hearing. If written protests are filed and not withdrawn prior to the conclusion of the public hearing by the owners of more than one-half of the area determined by the board at the public hearing to be the area of property to be benefited by the bridge or major thoroughfare improvement, then the proposed proceedings shall be abandoned as provided by law.

D. At the conclusion of the public hearing when the proposed fee is to be imposed, the board shall determine by resolution the following: The boundaries of the area of benefit, the cost, either actual or estimated, of the bridge or major thoroughfare facility and the method of fee apportionment deemed to be the fairest. Such resolution shall constitute a determination that the fee is a reasonable charge on property within the area of benefit which in the opinion of the board is benefited by the construction of the bridge or major thoroughfare. The resolution shall, within ten days after its adoption, be recorded by the clerk of the board with the county clerk-recorder.

(Ord. 520-A-14, § 26, 1975; Ord. 529-A-3, § 1, 1973; prior code, § 791.5)

In establishing the fairest method of fee apportionment, the board may consider land use classifications in the local bridge or major thoroughfare benefit area, the parcel size, the number of residential units to be located on a parcel, whether actual or estimated, and any other factors that the board determines would reasonably relate the bridge or major thoroughfare fee to the land and the persons benefiting by the construction of the bridge or major thoroughfare.

(Ord. 520-A-14, § 27, 1975; Ord. 529-A-3, § 1, 1973; prior code, § 791.6)

As an alternative to requiring the payment of a fee for the construction of a bridge or major thoroughfare as hereinabove provided, the board may contract with the subdivider or developer for the construction of the bridge or major thoroughfare and reimburse the subdivider or land developer for the cost of constructing such facility. Such reimbursement agreement may provide for reimbursement at such time as fees are collected by the county from other subdividers or developers within the area of benefit.

(Ord. 520-A-14, § 28, 1975; Ord. 529-A-3, § 1, 1973; prior code, § 791.7)

In the event the fee paid at the time of the division of a parcel is less than the fee payable at the time of development, the owner of such parcel shall pay such additional fee prior to the issuance of a building permit. In the event the fee paid at the time of division is greater than the fee payable based upon its total actual development, a refund in the amount of the difference thereof shall be paid by the county to the owner of the parcel at the time of development.

(Ord. 529-A-3, § 1, 1973; prior code, § 791.8)