Fresno Municipal Code Art. 4.10 Street Facilities Fee

In order to implement the goals and objectives of the City's general plan, and to mitigate the impacts caused by future development in the city, certain street facilities must be constructed. The City Council has determined that street facilities fees are needed in order to finance these public facilities and to pay for each development's fair share of the construction and acquisition costs of these improvements. Based on this determination, Council adopted, by resolution amending the Master Fee Schedule, a Citywide Regional Street Impact Fee ("Citywide Street Fee") and a New Growth Area Major Street Fee ("Growth Area Street Fee"). Council adopts this Article to require the imposition of these street facilities fees on new development in the city.

(Added Ord. 2007-47, § 4, eff. 4-19-07; Am. Ord. 2007-50, § 4, 7-14-07).

(a) All new development in the city shall be responsible for paying a Citywide Street Fee consistent with the administrative guidelines adopted pursuant to Section 12-4.1006. The amount of the Citywide Street Fee shall be provided in the Master Fee Schedule.

(b) In addition to the Citywide Street Fee, all new development in the New Growth Area (as delineated on the Official New Growth Area Major Street Map which shall be kept and made available to the public in the Public Works Department and made available on the city's website), shall be responsible for paying the Growth Area Street Fee consistent with the administrative guidelines adopted pursuant to Section 12-4.1006. The amount of the Growth Area Street Fee shall be provided in the Master Fee Schedule and shall include, for purposes of simplification, a component that equals the required Citywide Street Fee required in subdivision (a) of this section.

(Added Ord. 2007-47, § 4, eff. 4-19-07; Am. Ord. 2007-50, § 4, 7-14-07).

Following adoption of this Article and the administrative guidelines described in Section 12-4.1006, any project subject to the Citywide Street Fee and/or the Growth Area Street Fee shall be exempt from Sections 11-208, 11-208.1, 11-208.2 and 11-226. Notwithstanding the above, if a court of competent jurisdiction declares the Citywide Street Fee and/or the Growth Area Street Fee to be invalid or otherwise prevents the City from collecting these fees following the fees becoming effective, all projects shall remain subject to all of the requirements of Sections 11-208, 11-208.1, 11-208.2 and 11-226.

(Added Ord. 2007-47, § 4, eff. 4-19-07; Am. Ord. 2007-50, § 4, 7-14-07).

The revenues raised by payment of the Fee shall be accounted for in the city's capital project fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used for the following purposes:

(a) To pay for land acquisition for, and design, engineering, and construction of the public street facilities designated to be financed with the Citywide Street Fee or the Growth Area Street Fee and identified in the Major Street Capital Improvement Plan ("designated public street facilities") and reasonable costs of outside consultant studies and other administrative costs related thereto consistent with administrative guidelines adopted pursuant to Section 12-4.1006;

(b) To reimburse the city for designated public street facilities constructed by the city with funds from other sources (not including Tier 1 Measure C Tier funds, competitive state or federal grants, state or federal earmarks) consistent with administrative guidelines adopted pursuant to Section 12-4.1006;

(c) To reimburse developers who have designed and constructed designated public street facilities in excess of the amount equal to their full fee obligation (and eligibility for fee credits) consistent with administrative guidelines adopted pursuant to Section 12-4.1006;

(d) To discharge reimbursement obligations for street or bridge requirements created under subsection 11-226(f) consistent with subdivision 11-226(f)(5) and administrative guidelines adopted pursuant to Section 12-4.1006; and/or

(e) To pay for and/or reimburse the costs of program development and to pay for ongoing administration costs of the street facilities fee program administrative guidelines adopted pursuant to Section 12-4.1006.

(Added Ord. 2007-47, § 4, eff. 4-19-07; Am. Ord. 2007-50, § 4, 7-14-07).

If a developer is required, as a condition of approval of a development entitlement, to dedicate land for or construct a public facility that has been designated to be financed with the Citywide Street Fee or the Growth Area Street Fee, the developer shall be given a credit against the amount of their Citywide Street Fee and/or Growth Area Street Fee obligation in the amount of the value of the dedication and/or construction consistent with the guidelines adopted pursuant to Section 12-4.1006. If the developer's construction and/or dedication exceeds the full value of their fee obligation (i.e., eligibility for fee credits), the developer shall be reimbursed from the Citywide Street Fee and Growth Area Street Fee funds in the amount of the value of the dedication and/or construction exceeds the full fee obligation consistent with the guidelines adopted pursuant to Section 12-4.1006. All credits and reimbursements shall be administered pursuant to guidelines adopted pursuant to Section 12-4.1006.

(Added Ord. 2007-47, § 4, eff. 4-19-07; Am. Ord. 2007-50, § 4, 7-14-07).

The Council shall, by resolution, adopt administrative guidelines, which may be amended from time to time, to provide procedures for the calculation and payment of the Citywide Street Fee and/or the Growth Area Street Fee; reimbursement, credit, or deferred payment of the Citywide Street Fee and/or the Growth Area Street Fee; requirements on when a developer shall construct facilities to be financed by the Citywide Street Fee or the Growth Area Street Fee; and any other policies, not limited by the above, related to the administration of the street facilities fee program adopted pursuant to this Article.

(Added Ord. 2007-47, § 4, eff. 4-19-07; Am. Ord. 2007-50, § 4, 7-14-07).